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Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
Glyn Moody - from openness to abundance
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Glyn Moody - from openness to abundance

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The various movements based on digital openness – free software, open content, open data, open science, open government etc. – have made huge strides in recent years, and transformed many aspects of …

The various movements based on digital openness – free software, open content, open data, open science, open government etc. – have made huge strides in recent years, and transformed many aspects of the modern world dramatically. But that is just the beginning. The key drivers of openness – the shift from analogue to digital, and global connectivity – imply much more: digital abundance. And that, in its turn, requires us to re-examine ancient intellectual monopolies born of analogue scarcity.

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  • Great overview of the problems of ancient copyright laws vs the abundance of the Net.
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  • 1. from openness to abundance <ul>glyn moody </ul>
  • 2. openness is winning <ul><li>against what? </li><ul><li>against being closed
  • 3. against refusal to share digital artefacts
  • 4. against artifical scarcity of information </li></ul></ul>
  • 5. the history of scarcity <ul><li>once upon a time, ideas and known facts were scarce...
  • 6. ...because humans were scarce </li><ul><li>2,000 years ago – 200 million
  • 7. 1,000 years ago – 400 million
  • 8. 700 years ago – 450 million
  • 9. 600 years ago – 350 million </li></ul><li>...because humans were busy </li><ul><li>trying to survive </li></ul></ul>
  • 10. mercantilist mindset <ul><li>scarcity meant people viewed the economic system as a zero-sum game, in which any gain by one party required a loss by another </li><ul><li>invasions
  • 11. monopolies key policy instrument </li></ul><li>informational scarcity </li><ul><li>pirating ideas/skills by enticing foreign master craftsmen that knew them with national monopolies </li></ul></ul>
  • 12. letters patent <ul><li>issued by English monarch to grant monopoly for particular industry </li><ul><li>called ”patent” because not sealed – early ”open source” law </li></ul><li>first English patent granted a 20-year monopoly to Flemish stained- glassmaker (1449)
  • 13. afterwards, knowledge released
  • 14. formalised in the Statute of Monopolies (1624) </li></ul>
  • 15. 17 th -century invention <ul><li>very few inventors
  • 16. very few inventions
  • 17. trade secrets easy to keep (trade guilds)
  • 18. in an age of inventive scarcity, patent monopolies made sense as a mercantilist incentive </li><ul><li>to encourage new inventions
  • 19. to get them revealed for wider use, rather than hoarded </li></ul></ul>
  • 20. 21 st -century invention <ul><li>today, we have an abundance of inventors and invention, as the creaking patent system shows </li><ul><li>in 2009, 482,871 patent applications filed with USPTO; 135,000 in Europe </li></ul><li>abundant monopolies impede progress, rather than promoting it </li><ul><li>independent invention problem
  • 21. patent thickets </li></ul></ul>
  • 22. software patent problems <ul><li>most litigated – causing much of the backlog of cases in US </li><ul><li>3% in 1984, 26% in 2002 </li></ul><li>total US profit annually was $100 million for 1996-1999
  • 23. the total cost of litigating in US was $3.9 billion per year
  • 24. software patents = overall net loss of $3.8 billion per year </li></ul>
  • 25. gene patent problems <ul><li>4,000 of 24,000 human genes have been patented in US (2004)
  • 26. 3,000,000 genome-related patents filed
  • 27. ”patent-stacking” allows single DNA sequence to be patented in several ways
  • 28. whole-genome scan: impossible with the huge number of gene patents </li></ul>
  • 29. ”copy right” <ul><li>key invention: movable type (1457)
  • 30. in 16 th and 17 th century England, the Stationers' Company had exclusive and perpetual state monopoly over producing printed copies of every registered book (their ”copy right”)
  • 31. aim was to *control* what was printed by establishing responsibility - instrument of censorship </li></ul>
  • 32. Statute of Anne (1710) <ul><li>” An Act for the Encouragement of Learning”
  • 33. gave limited monopoly (14 years + 14 year extension)
  • 34. text became freely available after that period – created modern public domain
  • 35. strongly influenced US copyright law </li></ul>
  • 36. 18 th -century publishing <ul><li>hard </li><ul><li>writers were scarce
  • 37. typesetting slow
  • 38. printing presses were expensive
  • 39. binding was slow
  • 40. distribution slow
  • 41. sales limited </li></ul><li>major investment of time, energy money </li></ul>
  • 42. 18 th -century book piracy <ul><li>*also* hard </li><ul><li>somebody to typeset the text
  • 43. somebody to print the sheets
  • 44. somebody to bind the book
  • 45. somebody to distribute the book
  • 46. somebody to sell the book </li></ul><li>main saving was not paying author
  • 47. in an age of scarcity, copyright made infringement even more risky </li></ul>
  • 48. 21 st -century e-publishing <ul><li>trivially easy </li><ul><li>create it
  • 49. upload it
  • 50. sell it globally </li></ul></ul>
  • 51. 21 st -century e-piracy <ul><li>also trivially easy </li><ul><li>obtain digital content (DRM-free)
  • 52. upload it
  • 53. people download it globally </li></ul><li>e-piracy is powered by Moore's Law </li><ul><li>today: 1 Terabyte hard disc 50 €
  • 54. tomorrow: 1 Exabyte hard disc 50 €
  • 55. implicit *abundance*: 150,000 MP3 files today, 150,000,000,000 MP3 tomorrow </li></ul></ul>
  • 56. <ul><li>towards abundance </li></ul><ul><li>10 million articles on Wikipedia
  • 57. 13 million tracks on Spotify
  • 58. 100 million blogs
  • 59. ” hundreds of millions” videos on YouTube
  • 60. 5 billion pictures on Flickr
  • 61. one trillion URLs (2008)
  • 62. but...this is only a part of today's abundance </li></ul>
  • 63. dark abundance <ul><li>the online materials that may be infringing on copyright, and as such form ”unofficial” abundance
  • 64. by definition, dark abundance negates the scarcity that lies at the heart of copyright
  • 65. challenges 18 th -century business models built on scarcity
  • 66. like dark matter, dark abundance has visible consequences </li></ul>
  • 67. war on abundance <ul><li>HADOPI; Digital Economy Act; Ley Sinde
  • 68. ACTA; TPPA
  • 69. ”PROTECT IP” Act; ”voluntary” Website blocking
  • 70. places protection of intellectual monopolies and their scarcities above protection of human rights
  • 71. rather break the Internet than allow it to be used for sharing </li></ul>
  • 72. war on developing world <ul><li>4 billion have no access to the Internet
  • 73. thanks to intellectual monopolies they have double obstacle to overcome to improve their lot: </li><ul><li>they must get connected
  • 74. they must then pay for access to most of the world's knowledge, often at near-Western rates – even though the marginal cost is practically zero </li></ul></ul>
  • 75. <ul><li>fair abundance </li></ul><ul><li>means giving 24x7 access to all today's knowledge, to anyone with a digital access device – mobile, computer, TV
  • 76. means access for all humanity – not just the developed world, or the richer classes elsewhere
  • 77. sounds socialist or worse: actually conservative </li></ul>
  • 78. back to basics <ul><li>copyright not about preserving the West's grip on knowledge
  • 79. copyright not about protecting old business models
  • 80. copyright not about enshrining authors' or publishers' ”rights”
  • 81. copyright is about ”the Encouragement of Learning” </li><ul><li>explicit in Statute of Anne, US copyright acts </li></ul></ul>
  • 82. the virtuous circle <ul><li>today, the optimum way of ”encouraging learning” is to free it up for the billions who currently have little access to it
  • 83. educating them through access to knowledge will generate even more creativity in the system
  • 84. self-fuelling, positive feedback </li></ul>
  • 85. but <ul><li>” nobody has the right to diminish my copyright in this way”
  • 86. however, society *does* have that right - just as it had the right to strengthen copyright, repeatedly, by extending its range and its term, diminishing public domain
  • 87. not necessarily one-way
  • 88. society decides which direction and the quid pro quo </li></ul>
  • 89. the precedent (1) <ul><li>for those who deny that it is impossible to do this, there is a historical precedent: the first-sale doctrine
  • 90. rights to control the change of ownership of a particular copy end once that copy is sold
  • 91. society decided this was a fair limitation on copyright </li></ul>
  • 92. the precedent (2) <ul><li>those who talk of ”IP” compare copyright infringement with trespass
  • 93. in 20 th century, law on trespass radically limited by taking away airspace rights </li><ul><li>&quot;every transcontinental flight would subject the operator to countless trespass suits&quot; </li></ul></ul>
  • 94. digital airspace <ul><li>we need to allow copies to pass freely through the abundant digital space that surrounds analogue objects, just as planes/satellites can pass freely through infinite airspace above private property
  • 95. if not, the war on digital sharing becomes a war on the ability of the mind to take flight through knowledge </li></ul>
  • 96. coming to terms <ul><li>copyright was originally 14 years + 14 years; the copyright ”ratchet” has been moving it up to 70 years + life
  • 97. the ratchet went the wrong way – should have decreased the term of copyright as more creators arrived, less incentive needed
  • 98. for analogue content, could bring it back to 14 years + 14 years with renewal </li></ul>
  • 99. Internet time <ul><li>what about digital content?
  • 100. famously, one calendar year is seven Internet years
  • 101. digital content lives on Internet time, so for that, should measure copyright on Internet time
  • 102. 14 Internet years = 2 calendar years </li></ul>
  • 103. patently obvious? <ul><li>what about patents?
  • 104. as for copyright, there are two kinds of patents: analogue and digital
  • 105. analogue patents operate on calendar time, so could leave the current term (typically 20 years)
  • 106. digital patents – software patents, gene patents – just don't scale, so abolish them </li></ul>
  • 107. it won't work <ul><li>there will inevitably be infringing content online
  • 108. copyright industries will cling to scarcity by waging war on sharing
  • 109. if analogue patents still exist, clever lawyers will employ the ”computer-implemented invention”/”purified gene” trick, yoking digital and analogue together </li></ul>
  • 110. abundance and freedom <ul><li>to stop the war on sharing, to allow all humanity to build on all knowledge, need to abolish both copyright and patents, for all domains
  • 111. there is only one non-arbitrary term for an intellectual monopoly: zero years </li></ul>
  • 112. beyond mercantilism <ul><li>copyright and patents were rational and necessary incentives for an age of analogue scarcity
  • 113. in an age of digital abundance, no longer rational or necessary
  • 114. should no longer put up with the high price that intellectual monopolies exact - hindering progress, holding back billions of lives and the loss of fundamental freedoms </li></ul>
  • 115. ”against intellectual monopoly” <ul><li>323-page book by Michelle Boldrin and David Levine, free download
  • 116. ”We show through theory and example that intellectual monopoly is not necessary for innovation and as a practical matter is damaging to growth, prosperity and liberty.” </li></ul>
  • 117. from openness to abundance <ul><li>getting from here to there is non-trivial task
  • 118. how would open projects function without copyright?
  • 119. what would the key issues be in a world without intellectual monopolies?
  • 120. what new roles might open projects play in such a world of abundance? </li></ul>
  • 121. Abundant Knowledge Conference <ul>[email_address] @glynmoody on identi.ca/Twitter opendotdotdot.blogspot.com </ul>

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