Wikipedia, fan websites, online gaming, software plugins, open source.
conceive of fun as a self-sustaining phenomenon is as a process of rapid creativity, incentivized by limited ownership of what one has created, and followed by divestiture back into the common pool of ideas and activities from which one has drawn in the first place
would have chilled video-sharing sites from promoting uses of videos that challenge the boundaries of fair use law. chilled users themselves from uploading and congregating around such videos in the first place. given more power to sites and information ecosystems pre-approved by those with an interest in a vision of perfectly enforced copyright law.
“ Inevitably, when millions of people are speaking, some of that speech will be objectionable”
Reinventing the rules of the game
Promotes the recycling, regeneration, and distribution of conversational tools, narrative shortcuts, mnemonics, stylistic moves, inventions, and other valuable heuristics.
A ROUGH GUIDE TO REGULATING THE VILLAGE GREEN INNOVATION SOCIETY: LEGISLATIVE INTERVENTIONS IN ONLINE CREATIVITY AND SHARING OF KNOWLEDGE Presentation at Tsinghua University School of Law 8 November 2009
“ Once after supper, Wittgenstein, my wife and I went for a walk on Midsummer Common. We talked about the movements of the solar system. It occurred to W that the three of us should represent the movements of the sun, earth, and moon, relative to one another. My wife was the sun and maintained a steady pace across the meadow; I was the earth and circled her at a trot. W took the most strenuous part of all, the moon, and ran around me while I circled my wife. W entered into this game with great enthusiasm and seriousness, shouting instructions at us as he ran. He became quite breathless and dizzy with exhaustion.”
Impose temporary legal restriction on the uses others can make of a work
Cost : static inefficiency. Others less able to change, improve, or make better version of the work in question. Artificial restraint on mass distribution.
Benefit : recoup costs incurred in production & distribution of the work. Ensure that those who create works are confident they will get reimbursed for the costs of the creative process, and for building out the creative infrastructure in which they and others will operate.
Result, on balance, is dynamic efficiency.
More works created. More value disseminated. No problem with free riders or tragedy of the commons.
“ Most, probably, of our decisions to do something positive, the full consequences of which will be drawn out over many days to come, can only be taken as the result of animal spirits—a spontaneous urge to action rather than inaction, and not as the outcome of a weighted average of quantitative benefits multiplied by quantitative probabilities.”
How, then, to create laws and norms that regulate and encourage this “ spontaneous urge to action ”?
How, also, to create laws that reflect the add-on nature of cumulative user-generated knowledge?
The E.U. eCommerce Directive grants immunity from prosecution to service providers, on the condition that they are merely a conduit for content and not actively affiliated with the individual sending or receiving infringing content.
“ If we forced [a company] to try to find out which Web pages have problematic materials on them, there is no way it could return automated search results. Even if it employed an army of lawyers to scrutinize all of the content, it would still be in no position to tell which pages were infringing or defamatory. And even if it somehow figured out the answer for any given search result, it would have to determine the answer anew each time the search was run, because Web pages change frequently.”
An experimental approach towards language, law, creativity, and the products of creativity leads, in the end, towards a “richer and more-useful communication system.
“ This natural collaboration is part of what makes human communication so robust to failure. . . . When we describe things, our descriptions grow incrementally and can specify as much detail as needed. Clarification becomes correspondingly cumulative and open-ended.”