Internet Creativity  vs.  Internet Regulation Mathias Klang [email_address]
Life is organized  by technology...
But law attempts to ignore technology FAIL...
The root of our problem begins about 5000 years ago...
 
Writing: an information storage system outside the body. Independent of space & time
The history of writing is the history of reducing  copying costs.
Gutenberg is important...
Wheras printers, booksellers, and other persons, have of late frequently taken the liberty of printing... books, and other...
But what happened then?
 
The archdeacon gazed at the gigantic edifice for some time in silence, then extending his right hand, with a sigh, towards...
Berne Convention
International Norm Established
Idea/Expression No formalities 70 Years  Which becomes copyright today...
It even adapts to  new technology “ entirely from his own mental conception, to which he gave visible form”  ” useful, new...
This  changed  everything
Copies Cost Initial  cost First Copy In a digital environment the cost of  copying moves towards zero. In an Internet envi...
 
I havent written on here for a while but I've taken the time to write this as I  think music piracy is having a dangerous ...
Main argument today:  if  copying costs move towards zero  then  harsher copyright laws
This argument forgets technology & society
LAW PROGRAMMED & CONTEXTUAL SOCIAL RULES ARCHITECTURE
A funny thing happened on  the Jaipur – Delhi Express...
The disruption occurs when the technology, which is introduced effects the social arrangements around which we build our l...
Three really crazy ideas...  that WORKED!
 
Richard Stallman  has proved empirically  that economic rewards  are not a prerequisite for creation
 
Jimmy Wales showed  that Stallman's ideas could scale  and include a hugely differentiated group
 
Lawrence Lessig showed that, given the opportunity,  creators share all types of  copyrightable works
… and then came the rest of us...
This past decade (the death of memory)
2000 2001 2002 2003 2005 2004 2006
2000 2001 2002 2003 2005 2004 2006 Wikipedia Blogger 1999
2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999
2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space
2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space Digg Facebook
2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space Digg Facebook Ning YouTube
2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space Digg Facebook Ning YouTube T...
 
Anything that is in the world when you’re born is normal and ordinary and is just a natural part of the way the world work...
 
(which is another reason I admire India)
Impulse: Control
Command & Control is an inefficient system To be used  with care!
Innovative Technology & wasteful law?
Do you want to see one of my  favorite sights in Jaipur?
 
Whether by necessity or design India's default position is open access to technology
Free Software Foundation & the GPL License Protects the  Four Freedoms
Four Freedoms <ul><li>The freedom to... </li></ul><ul><ul><li>…run the program, for any purpose.
…study how the program works, and adapt it to your needs.
…redistribute copies so you can help your neighbor.
…improve the program, and release your improvements to the public </li></ul></ul>
If 4 Freedoms lead to innovation, what does copyright law do?
Napster: Launched July 1999 April 2000 – 10 million users January 2001 - 18 million users A & M Records, Inc. v. Napster, ...
Grokster: MGM Studios, Inc. v. Grokster, Ltd. 545 U.S. 913 (2005)
Sweden is home to one of the most famous Internet sites in the world... No, its not Ikea
 
The development of torrent technology is a direct consequence of the law. And now the law is trying to equate torrents to ...
So what is the moral of this  tale  lecture?
3. Most of Europe & the United States have made the mistake of almost eliminating access & anarchy. It will take many year...
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Internet Creativity Vs Internet Regulation

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  • Statue Park by Bill McIntyre cc by nc sa
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  • and in last place by ...tim cc by nc nd
  • Internet Creativity Vs Internet Regulation

    1. Internet Creativity vs. Internet Regulation Mathias Klang [email_address]
    2. Life is organized by technology...
    3. But law attempts to ignore technology FAIL...
    4. The root of our problem begins about 5000 years ago...
    5.  
    6. Writing: an information storage system outside the body. Independent of space & time
    7. The history of writing is the history of reducing copying costs.
    8. Gutenberg is important...
    9. Wheras printers, booksellers, and other persons, have of late frequently taken the liberty of printing... books, and other writings, without the consent of the authors... to their very great detriment, and too often to the ruin of them and their families : For preventing therefore such practices for the future, and for the encouragement of learned men to compose and write useful books... Statute of Anne 1710… (The modern myth of creation)
    10. But what happened then?
    11.  
    12. The archdeacon gazed at the gigantic edifice for some time in silence, then extending his right hand, with a sigh, towards the printed book which lay open on the table, and his left towards the Notre-Dame, and turning a sad glance from the book to the church, “Alas”, he said, “this will kill that.” The Hunchback of Notre-Dame 1831
    13. Berne Convention
    14. International Norm Established
    15. Idea/Expression No formalities 70 Years Which becomes copyright today...
    16. It even adapts to new technology “ entirely from his own mental conception, to which he gave visible form” ” useful, new, harmonious, characteristic, and graceful picture.” Oscar Wilde nr 18 av Napoleon Sarony
    17. This changed everything
    18. Copies Cost Initial cost First Copy In a digital environment the cost of copying moves towards zero. In an Internet environment the cost of copying is shared by the end user Analogue Digital
    19.  
    20. I havent written on here for a while but I've taken the time to write this as I think music piracy is having a dangerous effect on British music…   You don't start out in music with the Ferraris. Instead you get a huge debt from your record company, which you spend years working your arse off to repay…   I don't think what's out there is perfect. It's stupid that kids can't buy anything on the internet without credit, forcing them to steal Mum's credit card or download illegally. It's this kind of thing that the record company bosses, artists, broadband providers and government should be sitting down and discussing.
    21. Main argument today: if copying costs move towards zero then harsher copyright laws
    22. This argument forgets technology & society
    23. LAW PROGRAMMED & CONTEXTUAL SOCIAL RULES ARCHITECTURE
    24. A funny thing happened on the Jaipur – Delhi Express...
    25. The disruption occurs when the technology, which is introduced effects the social arrangements around which we build our lives
    26. Three really crazy ideas... that WORKED!
    27.  
    28. Richard Stallman has proved empirically that economic rewards are not a prerequisite for creation
    29.  
    30. Jimmy Wales showed that Stallman's ideas could scale and include a hugely differentiated group
    31.  
    32. Lawrence Lessig showed that, given the opportunity, creators share all types of copyrightable works
    33. … and then came the rest of us...
    34. This past decade (the death of memory)
    35. 2000 2001 2002 2003 2005 2004 2006
    36. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Blogger 1999
    37. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999
    38. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space
    39. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space Digg Facebook
    40. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space Digg Facebook Ning YouTube
    41. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space Digg Facebook Ning YouTube Twitter Spotify
    42.  
    43. Anything that is in the world when you’re born is normal and ordinary and is just a natural part of the way the world works. Anything that’s invented between when you’re fifteen and thirty-five is new and exciting and revolutionary and you can probably get a career in it. Anything invented after you’re thirty-five is against the natural order of things.
    44.  
    45. (which is another reason I admire India)
    46. Impulse: Control
    47. Command & Control is an inefficient system To be used with care!
    48. Innovative Technology & wasteful law?
    49. Do you want to see one of my favorite sights in Jaipur?
    50.  
    51. Whether by necessity or design India's default position is open access to technology
    52. Free Software Foundation & the GPL License Protects the Four Freedoms
    53. Four Freedoms <ul><li>The freedom to... </li></ul><ul><ul><li>…run the program, for any purpose.
    54. …study how the program works, and adapt it to your needs.
    55. …redistribute copies so you can help your neighbor.
    56. …improve the program, and release your improvements to the public </li></ul></ul>
    57. If 4 Freedoms lead to innovation, what does copyright law do?
    58. Napster: Launched July 1999 April 2000 – 10 million users January 2001 - 18 million users A & M Records, Inc. v. Napster, Inc. 239 F.3d (9th Cir. 2001).
    59. Grokster: MGM Studios, Inc. v. Grokster, Ltd. 545 U.S. 913 (2005)
    60. Sweden is home to one of the most famous Internet sites in the world... No, its not Ikea
    61.  
    62. The development of torrent technology is a direct consequence of the law. And now the law is trying to equate torrents to copyright infringement
    63. So what is the moral of this tale lecture?
    64. 3. Most of Europe & the United States have made the mistake of almost eliminating access & anarchy. It will take many years for us to recover.
    65. 2. Law does not innovate. Legislators wishing to drive innovation must preserve access to technology and anarchy
    66. 1. You as lawyers must not fall into the trap of single system life... even if the law encourages such thinking.
    67. Thank you!

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