FSCONS, Göteborg, 2008-10-26
The nonlinear
history of copyright
– and some thoughts about abundance.
Rasmus Fleischer
rasmus@piratbyran.org
www.copyriot.se

History of copyright
The standard narrative:
A gradual expansion of rights,
an ”immaterial colonialism”,
an ongoing commodification of culture
There has never been a time in our history when more of our “culture”
was as “owned”as it is now. And yet there has never been a time when
the concentration of power to control the uses of culture has been as
unquestioningly accepted as it is now.
Lawrence Lessig

History of copyright
The alternative, nonlinear narrative:
Copyright law has been appropriated for
very different purposes, at different times,
by a variety of actors in tactical alliances.
Copyright has changed its fundamental
character more than once.

History of copyright
Condensed version:
• from 1800: texts
• from 1900: works
• from 2000: tools

History of copyright
• from 1800: texts
• from 1900: works
• from 2000: tools

History of copyright
• from 1800: texts
• from 1900: works
• from 2000: tools

History of copyright
• from 1800: texts
• from 1900: works Copyright as ”intellectual property”
• from 2000: tools with market value for the individual
or
Copyright as a strategic weapon

History of copyright
• from 1800: texts
• from 1900: works
• from 2000: tools Different media,
different contexts
= different economic models

radio ≠ records
streaming ≈ downloading

radio ≠ records
streaming ≈ downloading

History of copyright
• from 1800: texts
• from 1900: works
• from 2000: tools

Downloading massive amounts of music,
without given permission,
is practically accepted.
but
Making massive music archives meaningful is not accepted.
Tools for indexing are under attack.
Copyright since 2000:
regulating tools, rather than works,
uncopyrighted metadata, rather than copyrighted ”content”

The war on file-sharing undermines free licensing.
Creative Commons operates on the level of individual works,
not on the level of tools.
Making massive music archives meaningful is not accepted.
Tools for indexing are under attack.

Digital piracy is larger
than just online P2P networks!
Darknets, sneakernet...

1998: 8 GB
1999: 15 GB
2000: 30 GB
2001: 55 GB
2002: 100 GB
2003: 175 GB
2004: 250 GB
2005: 450 GB
2006: 600 GB
2007: 900 GB
2008: 1,5 TB
2009: 2,5 TB
2010: 4,5 TB
2011: 7 TB
2012: 12 TB
2013: 20 TB
2014: 35 TB
2015: 60 TB
2016: 100 TB
2017: 175 TB
2018: 320 TB

1998: 8 GB
1999: 15 GB
2000: 30 GB
2001: 55 GB
2002: 100 GB
2003: 175 GB In 10-15 years:
2004: 250 GB All recorded music that has ever been released
2005: 450 GB will fit in a pocket, ready for copying.
2006: 600 GB
2007: 900 GB
2008: 1,5 TB
2009: 2,5 TB
2010: 4,5 TB ...but will it have any value for us?
2011: 7 TB
2012: 12 TB
2013: 20 TB
2014: 35 TB
2015: 60 TB
2016: 100 TB
2017: 175 TB
2018: 320 TB

When all music can be listened to
wherever, whenever...
...we start to desire musical experiences
specific to a time and a place.

When all music can be listened to
wherever, whenever...
When stuff that can be copied become superabundant...
...we start to desire musical experiences
specific to a time and a place.
...stuff that can not be copied becomes more relevant.

Creating meaning out of superabundance:
selecting, indexing, interconnecting,
contextualizing, actualizing...
Provisional communities:
between public and private,
between commercial and non-commercial

public | private
Copyright law distinguishes between
1) Private use, privat copying;
2) Public distribution, public performance.
The first is left free,
the second thoroughly licensed.
Nothing is recognized in between.

public | private
commercial | non-commercial
Copyright must draw a straight line between
1) Private use, privat copying;
2) Public distribution, public performance.
Nothing is recognized in between.
Result:
Cultural activities must either be for-profit-only
or strictly “non-commercial”.

Copyright materializes in the city,
as well as in computer networks.

“Creative industries”:
content without context

There are no digital products.

KOPIMI
copy me

How to integrate the infinite abundance of information
into our finite lives?

the end

FSCONS, Göteborg, 2008-10-26
The nonlinear
history of copyright
– and some thoughts about abundance.
Rasmus Fleischer
rasmus@piratbyran.org
www.copyriot.se