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Intellectual Property + Social Media: Internet & the IP law lag

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The law relies on precedent that simply cannot keep up with our digital progress, particularly where privacy, intellectual property and web economics are concerned. …

The law relies on precedent that simply cannot keep up with our digital progress, particularly where privacy, intellectual property and web economics are concerned.
[From EDiligence legal conference on security and the internet Nov 2010]
Audio: http://www.discussit.co.za/index.php?option=com_content&task=view&id=274&Itemid=65

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  • 1. E CR ET ISHTO PS Intellectual Property & istorted The Internet Evolving D destroyed through the lens of social media supercharged? Maximillian Kaizen aka. built to share maxkaizen.com
  • 2. TheEmpires of the Future are The Empires of the Mind
  • 3. REMIXING REALITYwell beforethe Internet
  • 4. the Internet is a copy machine Kevin Kelly. Chief Maverick, Wired Magazine
  • 5. SOCIAL MEDIA =cheaper production + cheaper distribution 8 ACCESS trumps OWNERSHIP
  • 6. NEW LANDNEW LAWS could you put your privacy policy intoNEW LANGUAGE 140 characters?
  • 7. learning to live in a POST-FACT SOCIETY Farhad Manjoo, 2009TRUTHINESS Stephen Colbert, 2005
  • 8. learning to live in a POST-SECRET SOCIETY “all your base are belong to us”ASSYMETRY
  • 9. it’s the gateway drug to absolute evil
  • 10. The Best Way to get a Bad Law repealedis to enforce it strictly
  • 11. DEVELOPBETTER TASTEIN PROBLEMS absent legal protection, creativity dries up artists won’t bother & will all shuffle off to get office jobs or be hippie good-for-nothing bums straining the country’s resources
  • 12. c 99 what’s better than free?WEB ECONOMICS
  • 13. FASHION FOOD Innovation in Low IP environments COMEDY 2-sided positionality market value by determined by desirabilitySOCIAL MEDIA
  • 14. “The most powerful force in the universe” Albert Einstein COMPOUND INTEREST“Given enough eyeballs all bugs are shallow.” aka Linus’ Law Eric Raymond “I not only use all the brains that I have, but all that I can borrow.” Woodrow Wilson
  • 15. “Our focus should be not onemerging technologies but onemerging cultural practices” Prof Henry Jenkins. MIT via @allankent
  • 16. CULTUREPRECEDESCOMMERCE
  • 17. Parodies & DilutionsTRADEMARKS
  • 18. FAN FICTION R
  • 19. YOUR RIGHTS responsibilitiesAS A COPYRIGHT USER ONLINE• If someone else created a valuable piece of content, don’t use it without CREDITING them.Simple.• In keeping with FAIR USE, do not reproduce whole stories. Use only the portions of headlineand content needed to make your point or identify the story. Add your own commentary andcontent, and link to the original wherever possible.• Read Terms & Conditions or rely on the counsel of someone who does. Y may be signing over ouYOUR COPYRIGHTS to sites you use. That free tool you’re using is using you, make sure youknow what you’re trading.• INNOCENT INFRINGEMENT is no defense. Until laws have evolved take care, useCreative Commons or copyleft resources and reward those artists, scientists and academics whoshare valuable portions their work.BEST PRACTICE
  • 20. YOUR RIGHTS responsibilitiesAS A COPYRIGHT OWNER• Cease and desist letters used to try to silence criticism is a meritless expression of trademarkand copyrights. Research the legal right to P ARODY and bounds of free expression.• COPYFRAUD of works that are free for everyone to use - seeking licenses and fees toreproduce works in the public domain - is infringement.• Learn about FAIR USE and make it easy for those who want to reference your work to knowhow to, in a way that highlights, links back and doesn’t infringe copyright.• Deriving financial reward from your work is not exclusive to traditional copyright. Flexible,permissionless licenses are available that enables greater (aka viral) distribution for digital contentand retains COMMERCIAL value for the license holder.BEST PRACTICE
  • 21. { Goldilocks Zone {
  • 22. PROPERTY ACCESS
  • 23. CONTEXT MATTERS digital citizenship Not all that is legal is a good fit for our times. Outdated laws open loopholes for idiocy and crime. BEYONDCOMPLIANCE
  • 24. IMAGES, VIDEO, REFERENCES. THANKS TO:Ivo Kendra http://www.flickr.com/photos/yellowsofa/4122664579/Michelle Milla http://www.flickr.com/photos/michellemilla/4771634845/ani-bee http://www.flickr.com/photos/missnita/398994567/PNNL Pacific Northwest National Laboratory http://www.flickr.com/photos/pnnl/4296223336/LewishamDreamer http://www.flickr.com/photos/lewishamdreamer/3261133259/in/photostream/The Giant Vermin http://www.flickr.com/photos/tudorOkinawa Soba http://www.flickr.com/photos/okinawasobaPixel y dixel http://www.flickr.com/photos/pixelydixel/2712989489/Iko http://www.flickr.com/people/iko/Karanj http://www.flickr.com/photos/karanj/31869410CREDITSPiracy Paradox (2 sided positionality) Prof Sprigman. Virginia University This work is licensed under CCAttribution.NonCommercial.NoDerivatives. Maximillian Kaizen 2010
  • 25. “This is a man who could have taken a hundredth of a cent for every commercial transaction for just five years and been rich beyond computation, he could have linked himself with corporations, put his name about in public, branded himself and offered his opinions on everything and everyone. Instead, he chooses quietly to work on ways to ensure a future web of even greater openness and neutrality in scientific, intellectual and political exchange. He is what my grandfather would haveTHANKS called a real mensch.” Stephen Fry on Sir Time Berners-Lee