Intellectual Property &
The Internet
through the lens of social media
Maximillian Kaizen
maxkaizen.com
TOP SECRET
Distorte...
Empires of the Future
Empires of the Mind
are
The
The
REMIXING
REALITY
well before
the Internet
the Internet is a copy machine
Kevin Kelly. Chief Maverick, Wired Magazine
SOCIAL MEDIA =
cheaper production + cheaper distribution
ACCESS trumps OWNERSHIP
8
NEW LAND
NEW LAWS
NEW LANGUAGE
could you put
your privacy
policy into
140 characters?
TRUTHINESS
learning to live in a
POST-FACT SOCIETY
Stephen Colbert, 2005
Farhad Manjoo, 2009
“all your base are belong to us”
learning to live in a
POST-SECRET SOCIETY
ASSYMETRY
it’s the gateway drug to absolute evil
The Best Way to get
is to
enforce it strictly
a Bad Law repealed
absent legal protection, creativity dries up
artists won’t bother & will all shuffle off to get
office jobs or be hippie g...
WEB ECONOMICS
99c
what’s better than free?
FASHION
FOOD
COMEDY
SOCIAL MEDIA
Innovation in Low IP environments
market value by determined by desirability2-sided posit...
COMPOUND
“The most powerful force in the universe”
Albert Einstein
INTEREST
“I not only use all the brains that I have, bu...
“Our focus should be not on
emerging technologies but on
emerging cultural practices”
Prof Henry Jenkins. MIT
via @allanke...
CULTURE
PRECEDES
COMMERCE
Parodies & Dilutions
TRADEMARKS
FAN FICTIONR
BEST PRACTICE
AS A COPYRIGHT USER ONLINE
YOUR RIGHTS responsibilities
• If someone else created a valuable piece of conten...
BEST PRACTICE
AS A COPYRIGHT OWNER
YOUR RIGHTS responsibilities
• COPYFRAUD of works that are free for everyone to use - s...
Goldilocks Zone{
{
PROPERTY ACCESS
digital citizenship
COMPLIANCE
BEYOND
CONTEXT MATTERS
Not all that is legal
is a good fit for our times. Outdated laws
ope...
CREDITS
IMAGES, VIDEO, REFERENCES. THANKS TO:
Ivo Kendra http://www.flickr.com/photos/yellowsofa/4122664579/
Michelle Mill...
THANKS
Instead, he chooses quietly to work on ways
to ensure a future web of even
greater openness and neutrality in scien...
Intellectual Property + Social Media: Internet & the IP law lag
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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.
[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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Intellectual Property + Social Media: Internet & the IP law lag

  1. 1. Intellectual Property & The Internet through the lens of social media Maximillian Kaizen maxkaizen.com TOP SECRET Distorted destroyed Evolving aka. built to share supercharged? ISH
  2. 2. Empires of the Future Empires of the Mind are The The
  3. 3. REMIXING REALITY well before the Internet
  4. 4. the Internet is a copy machine Kevin Kelly. Chief Maverick, Wired Magazine
  5. 5. SOCIAL MEDIA = cheaper production + cheaper distribution ACCESS trumps OWNERSHIP 8
  6. 6. NEW LAND NEW LAWS NEW LANGUAGE could you put your privacy policy into 140 characters?
  7. 7. TRUTHINESS learning to live in a POST-FACT SOCIETY Stephen Colbert, 2005 Farhad Manjoo, 2009
  8. 8. “all your base are belong to us” learning to live in a POST-SECRET SOCIETY ASSYMETRY
  9. 9. it’s the gateway drug to absolute evil
  10. 10. The Best Way to get is to enforce it strictly a Bad Law repealed
  11. 11. 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 DEVELOP BETTER TASTE IN PROBLEMS
  12. 12. WEB ECONOMICS 99c what’s better than free?
  13. 13. FASHION FOOD COMEDY SOCIAL MEDIA Innovation in Low IP environments market value by determined by desirability2-sided positionality
  14. 14. COMPOUND “The most powerful force in the universe” Albert Einstein INTEREST “I not only use all the brains that I have, but all that I can borrow.” Woodrow Wilson “Given enough eyeballs all bugs are shallow.” aka Linus’ Law Eric Raymond
  15. 15. “Our focus should be not on emerging technologies but on emerging cultural practices” Prof Henry Jenkins. MIT via @allankent
  16. 16. CULTURE PRECEDES COMMERCE
  17. 17. Parodies & Dilutions TRADEMARKS
  18. 18. FAN FICTIONR
  19. 19. BEST PRACTICE AS A COPYRIGHT USER ONLINE YOUR RIGHTS responsibilities • 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 headline and content needed to make your point or identify the story. Add your own commentary and content, and link to the original wherever possible. • Read Terms & Conditions or rely on the counsel of someone who does. You may be signing over YOUR COPYRIGHTS to sites you use. That free tool you’re using is using you, make sure you know what you’re trading. • INNOCENT INFRINGEMENT is no defense. Until laws have evolved take care, use Creative Commons or copyleft resources and reward those artists, scientists and academics who share valuable portions their work.
  20. 20. BEST PRACTICE AS A COPYRIGHT OWNER YOUR RIGHTS responsibilities • COPYFRAUD of works that are free for everyone to use - seeking licenses and fees to reproduce works in the public domain - is infringement. • Learn about FAIR USE and make it easy for those who want to reference your work to know how 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 content and retains COMMERCIAL value for the license holder. • Cease and desist letters used to try to silence criticism is a meritless expression of trademark and copyrights. Research the legal right to PARODY and bounds of free expression.
  21. 21. Goldilocks Zone{ {
  22. 22. PROPERTY ACCESS
  23. 23. digital citizenship COMPLIANCE BEYOND CONTEXT MATTERS Not all that is legal is a good fit for our times. Outdated laws open loopholes for idiocy and crime.
  24. 24. CREDITS 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/tudor Okinawa Soba http://www.flickr.com/photos/okinawasoba Pixel y dixel http://www.flickr.com/photos/pixelydixel/2712989489/ Iko http://www.flickr.com/people/iko/ Karanj http://www.flickr.com/photos/karanj/31869410 Piracy Paradox (2 sided positionality) Prof Sprigman. Virginia University This work is licensed under CCAttribution.NonCommercial.NoDerivatives. Maximillian Kaizen 2010
  25. 25. THANKS 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 have called a real mensch.” “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. Stephen Fry on Sir Time Berners-Lee

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