This document provides a summary and editorial for issue #6 of 2009 of the publication FO/Futureorientation. It discusses topics around who owns the future in terms of intellectual property rights.
The editorial introduces the theme of who owns the future in terms of legal intellectual property rights. It questions whether all intellectual property protection is always sensible and benefits society. It argues that some inventions have benefited humanity more by not being patented.
The document provides summaries of several articles in the issue, including ones discussing trends around sampling and mashups in art, how internet gatekeepers could impact cultural discourse, and new business models in an "anarchist economy." It also lists other articles on topics like the changing concepts of war and peace
Issue What question must be answered in order to reach a concluTatianaMajor22
Issue: What question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. "Has there been a false imprisonment if the plaintiff was asleep at the time of 'confinement'?") rather than general (e.g. "Will the plaintiff be successful?") You may make it referable to the specific case being briefed (e.g. "Did Miller owe a duty of care to Osco, Inc.?") or which can apply to all cases which present a similar question, (e.g. "Is a duty owed whenever there is an employment relationship?") Most cases present one issue. If there is more than one issue, list all, and analyze all issues raised.
Rule: The rule is the law which applies to the issue. It should be stated as a general principal, (e.g. A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff) not a conclusion to the particular case being briefed, (e.g. "The plaintiff was negligent.")
Application: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is normally paragraphs long. It should be written debate - not simply a statement of the conclusion. Whenever possible, present both sides of any issue. Do not begin with your conclusion. The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn.
Conclusion: What was the result of the case?
With cases, the text gives you a background of the facts along with the judge's reasoning and conclusion. When you brief cases, you are basically summarizing the judge's opinion. With case problems, the editors have given you a summary of the facts of an actual case, but have not given you the judge's opinion. Your job is to act as the judge in reasoning your way to a ruling, again using the IRAC format.
Review
Reviewed Work(s): Nylon: The Story of a Fashion Revolution by Susannah Handley
Review by: Robert W. Rydell
Source: The Business History Review , Spring, 2001, Vol. 75, No. 1, Computers and
Communications Networks (Spring, 2001), pp. 210-212
Published by: The President and Fellows of Harvard College
Stable URL: https://www.jstor.org/stable/3116573
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide
range of content in a trusted digital archive. We use information technology and tools to increase productivity and
facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
https://about.jstor.org/terms
is collaborating with JSTOR to digitize, preserve and extend access to The Business History
Review
This conten ...
The various movements based on digital openness – free software, open content, open data, open science, open government etc. – have made huge strides in recent years, and transformed many aspects of the modern world dramatically. But that is just the beginning. The key drivers of openness – the shift from analogue to digital, and global connectivity – imply much more: digital abundance. And that, in its turn, requires us to re-examine ancient intellectual monopolies born of analogue scarcity.
Essay on Computer Innovation
Inventions of the 1920s Essay examples
Inventions Of The 1700s Essay
Renaissance Inventions
The Invention Essay
Opinion Essay on Inventions
Greatest Invention Essays
The Invention of Modern Technology
Essay On The Invention Of Wings
Essay on INNOVATION
Inventions In The 1920s
Inventions of Nikola Tesla Essay
Essay on Innovation And Invention
Ancient Chinese Inventions. Essay
Essay On Inventions
Roman Inventions
The Inenvention of the Wheel Essay
Glyn Moody - Dark ages 2.0 - and a snigletglynmoody
The Internet is under attack . Fundamental aspects of it are under pressure - things like truth, expertise, knowledge, sharing and privacy. Librarians have a key role to play in fighting back. Here's how.
4th articleNo Logo Taking Aim at the Brand Bullies By NAOMI .docxgilbertkpeters11344
4th article::
No Logo Taking Aim at the Brand Bullies
By NAOMI KLEIN
NEW BRANDED WORLD
As a private person, I have a passion for landscape, and I have never seen one improved by a billboard. Where every prospect pleases, man is at his vilest when he erects a billboard. When I retire from Madison Avenue, I am going to start a secret society of masked vigilantes who will travel around the world on silent motor bicycles, chopping down posters at the dark of the moon. How many juries will convict us when we are caught in these acts of beneficent citizenship?
— David Ogilvy, founder of the Ogilvy & Mather advertising agency,
in Confessions of an Advertising Man, 1963
The astronomical growth in the wealth and cultural influence of multinational corporations over the last fifteen years can arguably be traced back to a single, seemingly innocuous idea developed by management theorists in the mid-1980s: that successful corporations must primarily produce brands, as opposed to products.
Until that time, although it was understood in the corporate world that bolstering one's brand name was important, the primary concern of every solid manufacturer was the production of goods. This idea was the very gospel of the machine age. An editorial that appeared in Fortune magazine in 1938, for instance, argued that the reason the American economy had yet to recover from the Depression was that America had lost sight of the importance of making things:
This is the proposition that the basic and irreversible function of an industrial economy is the making of things; that the more things it makes the bigger will be the income, whether dollar or real; and hence that the key to those lost recuperative powers lies ... in the factory where the lathes and the drills and the fires and the hammers are. It is in the factory and on the land and under the land that purchasing power originates [italics theirs].
And for the longest time, the making of things remained, at least in principle, the heart of all industrialized economies. But by the eighties, pushed along by that decade's recession, some of the most powerful manufacturers in the world had begun to falter. A consensus emerged that corporations were bloated, oversized; they owned too much, employed too many people, and were weighed down with too many things. The very process of producing -- running one's own factories, being responsible for tens of thousands of full-time, permanent employees — began to look less like the route to success and more like a clunky liability.
At around this same time a new kind of corporation began to rival the traditional all-American manufacturers for market share; these were the Nikes and Microsofts, and later, the Tommy Hilfigers and Intels. These pioneers made the bold claim that producing goods was only an incidental part of their operations, and that thanks to recent victories in trade liberalization and labor-law reform, they were able to have their products m.
La Innovation Kitchen (LIK) is an experiential learning space where anyone can develop their innovation power and change-making skills through Project-Based-Learning and Learning-by-Doing Methods.
LIK helps grow both technical and soft skills that support the formation of a critical, creative, and proactive mindset oriented to complex problem-solving.
LIK's programs and activities involve real-life challenges that motivate participants and challenge sponsors to find practical solutions. We also provide a set of resources and mentors, that guide and support participants to develop unique solutions.
LIK has a deeply humanistic approach and a social, entrepreneurial, and professional concern for the future, in order to find new and better ways to participate in society, do business, create and run organizations and impact the natural and economic environment that surrounds us.
LIK is the evolution of traditional university or college learning program schemes, combined with a living lab and community-based action for a more agile, practical, and hands-on approach to creativity. All our efforts are applied to social and organizational problem-solving.
Issue What question must be answered in order to reach a concluTatianaMajor22
Issue: What question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. "Has there been a false imprisonment if the plaintiff was asleep at the time of 'confinement'?") rather than general (e.g. "Will the plaintiff be successful?") You may make it referable to the specific case being briefed (e.g. "Did Miller owe a duty of care to Osco, Inc.?") or which can apply to all cases which present a similar question, (e.g. "Is a duty owed whenever there is an employment relationship?") Most cases present one issue. If there is more than one issue, list all, and analyze all issues raised.
Rule: The rule is the law which applies to the issue. It should be stated as a general principal, (e.g. A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff) not a conclusion to the particular case being briefed, (e.g. "The plaintiff was negligent.")
Application: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is normally paragraphs long. It should be written debate - not simply a statement of the conclusion. Whenever possible, present both sides of any issue. Do not begin with your conclusion. The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn.
Conclusion: What was the result of the case?
With cases, the text gives you a background of the facts along with the judge's reasoning and conclusion. When you brief cases, you are basically summarizing the judge's opinion. With case problems, the editors have given you a summary of the facts of an actual case, but have not given you the judge's opinion. Your job is to act as the judge in reasoning your way to a ruling, again using the IRAC format.
Review
Reviewed Work(s): Nylon: The Story of a Fashion Revolution by Susannah Handley
Review by: Robert W. Rydell
Source: The Business History Review , Spring, 2001, Vol. 75, No. 1, Computers and
Communications Networks (Spring, 2001), pp. 210-212
Published by: The President and Fellows of Harvard College
Stable URL: https://www.jstor.org/stable/3116573
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide
range of content in a trusted digital archive. We use information technology and tools to increase productivity and
facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
https://about.jstor.org/terms
is collaborating with JSTOR to digitize, preserve and extend access to The Business History
Review
This conten ...
The various movements based on digital openness – free software, open content, open data, open science, open government etc. – have made huge strides in recent years, and transformed many aspects of the modern world dramatically. But that is just the beginning. The key drivers of openness – the shift from analogue to digital, and global connectivity – imply much more: digital abundance. And that, in its turn, requires us to re-examine ancient intellectual monopolies born of analogue scarcity.
Essay on Computer Innovation
Inventions of the 1920s Essay examples
Inventions Of The 1700s Essay
Renaissance Inventions
The Invention Essay
Opinion Essay on Inventions
Greatest Invention Essays
The Invention of Modern Technology
Essay On The Invention Of Wings
Essay on INNOVATION
Inventions In The 1920s
Inventions of Nikola Tesla Essay
Essay on Innovation And Invention
Ancient Chinese Inventions. Essay
Essay On Inventions
Roman Inventions
The Inenvention of the Wheel Essay
Glyn Moody - Dark ages 2.0 - and a snigletglynmoody
The Internet is under attack . Fundamental aspects of it are under pressure - things like truth, expertise, knowledge, sharing and privacy. Librarians have a key role to play in fighting back. Here's how.
4th articleNo Logo Taking Aim at the Brand Bullies By NAOMI .docxgilbertkpeters11344
4th article::
No Logo Taking Aim at the Brand Bullies
By NAOMI KLEIN
NEW BRANDED WORLD
As a private person, I have a passion for landscape, and I have never seen one improved by a billboard. Where every prospect pleases, man is at his vilest when he erects a billboard. When I retire from Madison Avenue, I am going to start a secret society of masked vigilantes who will travel around the world on silent motor bicycles, chopping down posters at the dark of the moon. How many juries will convict us when we are caught in these acts of beneficent citizenship?
— David Ogilvy, founder of the Ogilvy & Mather advertising agency,
in Confessions of an Advertising Man, 1963
The astronomical growth in the wealth and cultural influence of multinational corporations over the last fifteen years can arguably be traced back to a single, seemingly innocuous idea developed by management theorists in the mid-1980s: that successful corporations must primarily produce brands, as opposed to products.
Until that time, although it was understood in the corporate world that bolstering one's brand name was important, the primary concern of every solid manufacturer was the production of goods. This idea was the very gospel of the machine age. An editorial that appeared in Fortune magazine in 1938, for instance, argued that the reason the American economy had yet to recover from the Depression was that America had lost sight of the importance of making things:
This is the proposition that the basic and irreversible function of an industrial economy is the making of things; that the more things it makes the bigger will be the income, whether dollar or real; and hence that the key to those lost recuperative powers lies ... in the factory where the lathes and the drills and the fires and the hammers are. It is in the factory and on the land and under the land that purchasing power originates [italics theirs].
And for the longest time, the making of things remained, at least in principle, the heart of all industrialized economies. But by the eighties, pushed along by that decade's recession, some of the most powerful manufacturers in the world had begun to falter. A consensus emerged that corporations were bloated, oversized; they owned too much, employed too many people, and were weighed down with too many things. The very process of producing -- running one's own factories, being responsible for tens of thousands of full-time, permanent employees — began to look less like the route to success and more like a clunky liability.
At around this same time a new kind of corporation began to rival the traditional all-American manufacturers for market share; these were the Nikes and Microsofts, and later, the Tommy Hilfigers and Intels. These pioneers made the bold claim that producing goods was only an incidental part of their operations, and that thanks to recent victories in trade liberalization and labor-law reform, they were able to have their products m.
La Innovation Kitchen (LIK) is an experiential learning space where anyone can develop their innovation power and change-making skills through Project-Based-Learning and Learning-by-Doing Methods.
LIK helps grow both technical and soft skills that support the formation of a critical, creative, and proactive mindset oriented to complex problem-solving.
LIK's programs and activities involve real-life challenges that motivate participants and challenge sponsors to find practical solutions. We also provide a set of resources and mentors, that guide and support participants to develop unique solutions.
LIK has a deeply humanistic approach and a social, entrepreneurial, and professional concern for the future, in order to find new and better ways to participate in society, do business, create and run organizations and impact the natural and economic environment that surrounds us.
LIK is the evolution of traditional university or college learning program schemes, combined with a living lab and community-based action for a more agile, practical, and hands-on approach to creativity. All our efforts are applied to social and organizational problem-solving.
The Circular Economy 100 is a programme that will bring together 100 corporations together with emerging innovators and regions to accelerate the transition to a circular economy over an initial 1000-day innovation period
Publicacion de Libro sobres las actividades que entre 2012 y 2014 formaron mas de 60 funcionarios en metodologias de innovacion, investigación empática, estrategia, diseño centrado en los ciudadanos, diseño de servicios para el sector público y capitalización del conocimiento, para dotarles de nuevas capacidades técnicas y conceptuales que les permiten generar programas y políticas basadas en derechos.
En cuatro capítulos se muestra de manera visual aquellas herramientas y metodologías clave, para mejorar el desempeño de instituciones y públicas y organizaciones civiles a nivel estructural y de prestación de servicios al ciudadano.
TrendsLab Barcelona 2014 : Laboratorio de tendencias e innovaciónLa innovation Kitchen
Within the frame of ELISAVA’s Master’s Degree in Research for Design and Innovation, we will develop a trend-analysis lab carried out in order to identify and apply trends in three main sectors: Social trends, fashion trends, and product trends.
The course provides the student with the tools for analyzing trends and planning them in future scenarios. It also supports the development of innovative projects.
how to sell pi coins in all Africa Countries.DOT TECH
Yes. You can sell your pi network for other cryptocurrencies like Bitcoin, usdt , Ethereum and other currencies And this is done easily with the help from a pi merchant.
What is a pi merchant ?
Since pi is not launched yet in any exchange. The only way you can sell right now is through merchants.
A verified Pi merchant is someone who buys pi network coins from miners and resell them to investors looking forward to hold massive quantities of pi coins before mainnet launch in 2026.
I will leave the telegram contact of my personal pi merchant to trade with.
@Pi_vendor_247
how to sell pi coins in South Korea profitably.DOT TECH
Yes. You can sell your pi network coins in South Korea or any other country, by finding a verified pi merchant
What is a verified pi merchant?
Since pi network is not launched yet on any exchange, the only way you can sell pi coins is by selling to a verified pi merchant, and this is because pi network is not launched yet on any exchange and no pre-sale or ico offerings Is done on pi.
Since there is no pre-sale, the only way exchanges can get pi is by buying from miners. So a pi merchant facilitates these transactions by acting as a bridge for both transactions.
How can i find a pi vendor/merchant?
Well for those who haven't traded with a pi merchant or who don't already have one. I will leave the telegram id of my personal pi merchant who i trade pi with.
Tele gram: @Pi_vendor_247
#pi #sell #nigeria #pinetwork #picoins #sellpi #Nigerian #tradepi #pinetworkcoins #sellmypi
when will pi network coin be available on crypto exchange.DOT TECH
There is no set date for when Pi coins will enter the market.
However, the developers are working hard to get them released as soon as possible.
Once they are available, users will be able to exchange other cryptocurrencies for Pi coins on designated exchanges.
But for now the only way to sell your pi coins is through verified pi vendor.
Here is the telegram contact of my personal pi vendor
@Pi_vendor_247
What website can I sell pi coins securely.DOT TECH
Currently there are no website or exchange that allow buying or selling of pi coins..
But you can still easily sell pi coins, by reselling it to exchanges/crypto whales interested in holding thousands of pi coins before the mainnet launch.
Who is a pi merchant?
A pi merchant is someone who buys pi coins from miners and resell to these crypto whales and holders of pi..
This is because pi network is not doing any pre-sale. The only way exchanges can get pi is by buying from miners and pi merchants stands in between the miners and the exchanges.
How can I sell my pi coins?
Selling pi coins is really easy, but first you need to migrate to mainnet wallet before you can do that. I will leave the telegram contact of my personal pi merchant to trade with.
Tele-gram.
@Pi_vendor_247
how to sell pi coins on Bitmart crypto exchangeDOT TECH
Yes. Pi network coins can be exchanged but not on bitmart exchange. Because pi network is still in the enclosed mainnet. The only way pioneers are able to trade pi coins is by reselling the pi coins to pi verified merchants.
A verified merchant is someone who buys pi network coins and resell it to exchanges looking forward to hold till mainnet launch.
I will leave the telegram contact of my personal pi merchant to trade with.
@Pi_vendor_247
The secret way to sell pi coins effortlessly.DOT TECH
Well as we all know pi isn't launched yet. But you can still sell your pi coins effortlessly because some whales in China are interested in holding massive pi coins. And they are willing to pay good money for it. If you are interested in selling I will leave a contact for you. Just telegram this number below. I sold about 3000 pi coins to him and he paid me immediately.
Telegram: @Pi_vendor_247
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Currently pi network is not tradable on binance or any other exchange because we are still in the enclosed mainnet.
Right now the only way to sell pi coins is by trading with a verified merchant.
What is a pi merchant?
A pi merchant is someone verified by pi network team and allowed to barter pi coins for goods and services.
Since pi network is not doing any pre-sale The only way exchanges like binance/huobi or crypto whales can get pi is by buying from miners. And a merchant stands in between the exchanges and the miners.
I will leave the telegram contact of my personal pi merchant. I and my friends has traded more than 6000pi coins successfully
Tele-gram
@Pi_vendor_247
US Economic Outlook - Being Decided - M Capital Group August 2021.pdfpchutichetpong
The U.S. economy is continuing its impressive recovery from the COVID-19 pandemic and not slowing down despite re-occurring bumps. The U.S. savings rate reached its highest ever recorded level at 34% in April 2020 and Americans seem ready to spend. The sectors that had been hurt the most by the pandemic specifically reduced consumer spending, like retail, leisure, hospitality, and travel, are now experiencing massive growth in revenue and job openings.
Could this growth lead to a “Roaring Twenties”? As quickly as the U.S. economy contracted, experiencing a 9.1% drop in economic output relative to the business cycle in Q2 2020, the largest in recorded history, it has rebounded beyond expectations. This surprising growth seems to be fueled by the U.S. government’s aggressive fiscal and monetary policies, and an increase in consumer spending as mobility restrictions are lifted. Unemployment rates between June 2020 and June 2021 decreased by 5.2%, while the demand for labor is increasing, coupled with increasing wages to incentivize Americans to rejoin the labor force. Schools and businesses are expected to fully reopen soon. In parallel, vaccination rates across the country and the world continue to rise, with full vaccination rates of 50% and 14.8% respectively.
However, it is not completely smooth sailing from here. According to M Capital Group, the main risks that threaten the continued growth of the U.S. economy are inflation, unsettled trade relations, and another wave of Covid-19 mutations that could shut down the world again. Have we learned from the past year of COVID-19 and adapted our economy accordingly?
“In order for the U.S. economy to continue growing, whether there is another wave or not, the U.S. needs to focus on diversifying supply chains, supporting business investment, and maintaining consumer spending,” says Grace Feeley, a research analyst at M Capital Group.
While the economic indicators are positive, the risks are coming closer to manifesting and threatening such growth. The new variants spreading throughout the world, Delta, Lambda, and Gamma, are vaccine-resistant and muddy the predictions made about the economy and health of the country. These variants bring back the feeling of uncertainty that has wreaked havoc not only on the stock market but the mindset of people around the world. MCG provides unique insight on how to mitigate these risks to possibly ensure a bright economic future.
how can i use my minded pi coins I need some funds.DOT TECH
If you are interested in selling your pi coins, i have a verified pi merchant, who buys pi coins and resell them to exchanges looking forward to hold till mainnet launch.
Because the core team has announced that pi network will not be doing any pre-sale. The only way exchanges like huobi, bitmart and hotbit can get pi is by buying from miners.
Now a merchant stands in between these exchanges and the miners. As a link to make transactions smooth. Because right now in the enclosed mainnet you can't sell pi coins your self. You need the help of a merchant,
i will leave the telegram contact of my personal pi merchant below. 👇 I and my friends has traded more than 3000pi coins with him successfully.
@Pi_vendor_247
USDA Loans in California: A Comprehensive Overview.pptxmarketing367770
USDA Loans in California: A Comprehensive Overview
If you're dreaming of owning a home in California's rural or suburban areas, a USDA loan might be the perfect solution. The U.S. Department of Agriculture (USDA) offers these loans to help low-to-moderate-income individuals and families achieve homeownership.
Key Features of USDA Loans:
Zero Down Payment: USDA loans require no down payment, making homeownership more accessible.
Competitive Interest Rates: These loans often come with lower interest rates compared to conventional loans.
Flexible Credit Requirements: USDA loans have more lenient credit score requirements, helping those with less-than-perfect credit.
Guaranteed Loan Program: The USDA guarantees a portion of the loan, reducing risk for lenders and expanding borrowing options.
Eligibility Criteria:
Location: The property must be located in a USDA-designated rural or suburban area. Many areas in California qualify.
Income Limits: Applicants must meet income guidelines, which vary by region and household size.
Primary Residence: The home must be used as the borrower's primary residence.
Application Process:
Find a USDA-Approved Lender: Not all lenders offer USDA loans, so it's essential to choose one approved by the USDA.
Pre-Qualification: Determine your eligibility and the amount you can borrow.
Property Search: Look for properties in eligible rural or suburban areas.
Loan Application: Submit your application, including financial and personal information.
Processing and Approval: The lender and USDA will review your application. If approved, you can proceed to closing.
USDA loans are an excellent option for those looking to buy a home in California's rural and suburban areas. With no down payment and flexible requirements, these loans make homeownership more attainable for many families. Explore your eligibility today and take the first step toward owning your dream home.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Falcon Invoice Discounting: Optimizing Returns with Minimal Risk
Who Owns the future?
1. fo062009 the Who owns the future? issue FO/futureorientation #6 2009
Copenhagen Institute for Futures Studies
Instituttet for Fremtidsforskning
who owns
the future?
3. The battle for immaterial property in many ways
resembles the peasant uprisings of yore. The
lords owned the land, and farmers had to pay
for the right to farm it. In this way, the lords
could earn a lot of money without moving a
finger, simply because a distant ancestor had
laid claim to a piece of land. At times the lords
got too greedy, and then the farmers would rise
up, send the lord packaging, and take the land
as their own – until the king’s soldiers put them
back in their place
Read more page 9
Cover: flickr: Richard Faulder / Richard Faulder
5. flickr: khrawlings / kevin rawlings
needs patent protection for a period in order to afford the are made, distributed, enjoyed, bought, and sold. This
expenses associated with developing a new drug. There article is particularly interesting because it couples the
would be no later income without development to begin phenomenon of patents with the related phenomenon
with – that is logical enough. Patents function as an of monopoly, and shows how both can hinder favourable
assurance of income – and as motivation for even begin- social development. Here, too, the underlying question is:
ning to develop an idea. Who owns the future? Or as Doctorow expresses it: who
However, there is little doubt that the pharmaceuti- gets to be the gatekeepers?
cal industry takes great efforts to renew these patents, I hope you will enjoy this issue of FO, which has
perhaps unreasonably; something that has earned phar- many contributions in and out of the central theme. By
maceutical companies the colloquial name ‘patent capers’. the way, this issue has been made available by a Creative
These capers keep the cheap copy products off the mar- Commons license, so feel free to share it with others,
ket, to the economic disadvantage of the patients who
rely on the drugs.4 Morten Grønborg,
The reason for disliking patent capers (and related editor
phenomena) is that, once a patent has run out, the
playing field is levelled. The patent holders have had
their day of legalized monopoly, and now the recipe
is out there for the common good – the monopoly has
been broken.
A related complaint can be made against copyright
– or rather, the widespread or exaggerated enforcement
of it. Here, the subject isn’t inventions, but works (e.g.
songs or books). Klaus Æ. Mogensen (page 9) and Henrik
Moltke (page 14) write more about this issue – the latter this issue of Fo/Futureorientation has been made available under a
Creative Commons license. this means that you are allowed to make
as a representative of the global organisation Creative
copies and make the issue available to the general public, but you must
Commons, which makes it possible for the originator of credit the creators, and you can’t use it for commercial purposes. if you
a work to graduate her rights and hence act in a less pro- change, modify, or build upon this work, you may only distribute the
tectionist manner. resulting work under a license identical to this one.
Read also Cory Doctorow’s article, page 37, which
describes how a few giant corporations – Amazon and notes
1 http://www.akustikken.dk/profil/artikel.asp
Google – may eventually destroy the ways the world
2 http://en.wikipedia.org/wiki/lightning_rod
’talks to itself’ in a continual, cultural discourse by 3 http://en.wikipedia.org/wiki/Marie_Curie
controlling the conditions under which creative works 4 http://www.information.dk/199716
fo#06 2009 www.iff.dk/FO 5
8. flickr: dawn Endico / dawn Endico
flickr: hyperscholar / Guido ”random” Alvarez
9. by Klaus Æ. Mogensen
The New Class Struggle
Do we need tighter regulation and better protection
of immaterial goods? Or do we need to loosen regu-
lation so we get freer access to use other people’s
creations? As the lines get drawn ever sharper, this
debate increasingly resembles a new class strug-
gle between the people and the reactionary men in
power – this time with immaterial property rights
as the battleground
fo#06 2009 www.iff.dk/FO 9
10. thE NEw ClASS StRuGGlE - by Klaus Æ. Mogensen
Peasant uprising in cyberspace software. The argument is that IPR ensures that they who
The battle for immaterial property in many ways resem- have laboured to develop something are also the ones
bles the peasant uprisings of yore. The lords owned the who will make money from it. This creates greater will-
land, and farmers had to pay for the right to farm it. In ingness to develop new ideas than a scenario in which
this way, the lords could earn a lot of money without others steal the results of our work and run away with all
moving a finger, simply because a distant ancestor had the profits. Few will probably deny that those who create
laid claim to a piece of land. At times the lords got too a piece of work should also be rewarded for it – but does
greedy, and then the farmers would rise up, send the the argument hold water?
lord packaging, and take the land as their own – until the For the argument to hold water, two conditions must
king’s soldiers put them back in their place. be true: first, IPR must in reality give incentives for new
However, there are some significant differences in development, and second, it must in reality prevent oth-
the fight for immaterial property rights (IPR). On the one ers from stealing the results.
hand, the holders of IPR have often created the property
What promotes new knowledge?
themselves and may thus have greater moral right to it
than a lord who has inherited his land from an ances- Let us examine the first condition. No doubt many are
tor. On the other hand, there’s a fundamental difference encouraged to innovate in the hope of making money.
between material goods, such as farmland, cars and This is of course true for commercial companies, but also
money, and immaterial goods, such as ideas, culture and for many independent artists and inventors. However,
digital products. The difference is that, if someone uses money isn’t the only incentive for innovation. The majo-
an immaterial good, this generally doesn’t in any way rity of artists, inventors and scientists are driven by the
prevent others from doing the same. urge to create or explore possibilities and, for many, the
Today’s uprising is occurring because immaterial result of the work – and the recognition it brings – is
property, in spite of the obvious differences, is increa- reward enough as long as they can live comfortably. A
singly handled legally in the same way as material decent, fixed income will, for many of us, be as good – or
property. better – than the opportunity to possibly make a lot of
First, the duration of IPR protection is regularly money some time in the future. Through the centuries,
extended. Currently, copyright in most Western countries scholars have conducted research and created countless
lasts until 70 years after the creator’s death (or, for works innovations that have improved the lives of many with-
created by companies, until 95 years after publication). out a need to make money from what they did (only in
It is doubtful that even the creator’s grandchildren will recent decades have universities been encouraged to pa-
be alive after this time. Copyright holders end up like the tent their results).’
lords that profit from their ancestors’ work without hav- Another question is whether the hope of making
ing to move a finger themselves. It is also worth noting money is the right incentive for research and cultural
that, in general, it isn’t the creators who wish to extend activity. It is rarely the most innovative artists that
copyright, but rather big corporations and organizations make the most money – the formula for financial suc-
in the music, movie and book industries. cess seems rather to be making a minor variation on
Second, violations of copyright are increasingly trea- something familiar and then applying decent crafts-
ted as theft, even though there is a difference between manship. It is well known that the greatest artists
stealing something physical, where you take it away from – those who redraw the boundaries the most – rarely
the owner, and making a copy (something the owner get recognition in their own lifetimes. If we look at
might not even notice). The argument is that, by making companies, their financial imperative isn’t to make the
an illegal copy, you prevent the copyright holder from best possible product, but to make the product that
selling a legal copy. However, this argument is probably will generate the greatest profits. For instance, a phar-
not valid. A Norwegian study from early 2009 shows that maceutical company has greater incentive to develop a
young people who share pirated music over the internet drug that the patient must take for the rest of her life
also buy about ten times as much music as those who than one that heals her once and for all (or worse, one
don’t deal in piracy.1 The music that is pirated the most that eradicates the disease for all time). Hopefully not
is also the music that is sold the most. Some use these many pharmaceutical companies think like that, but it
facts to suggest that piracy actually stimulates physical is certainly problematic that we have an incentive sys-
sales of the copied music. But let us here merely acknow- tem that encourages such a mentality.
ledge that piracy doesn’t seem to hinder sales. Add to this that, even though IPR can encourage the
The point of IPR is to provide an incentive for new development of new knowledge and new cultural prod-
development, whether in technology, culture, design, or ucts, it can also easily impede the further development of
10 fo#06 2009 www.iff.dk/FO
11. thE NEw ClASS StRuGGlE - by Klaus Æ. Mogensen
The music that is pirated the most is also the music that is
sold the most. some use these facts to suggest that piracy
actually stimulates physical sales of the copied music. but
let us here merely acknowledge that piracy doesn’t seem to
hinder sales
For instance, a pharmaceutical company has grea-
ter incentive to develop a drug that the patient must
take for the rest of her life than one that heals her
once and for all (or worse, one that eradicates the
disease for all time). hopefully not many pharma-
ceutical companies think like that, but it is certainly
problematic that we have an incentive system that
encourages such a mentality
this knowledge and these products. Innovators and artists Can immaterial property rights really be enforced?
who make a lot of money on the rights to what they have The other condition of the argument for immaterial prop-
already created have little economic incentive to create erty rights is that the right to knowledge, culture, design,
more. More importantly: IPR is a monopoly. A single and software will ensure that others do not steal the work
person or company can decide if others are allowed to and hence the profits. This may have been possible once,
improve upon their knowledge or products. And there but in today’s network society, it is naive to think that
are countless examples of rights holders that, in order to you can maintain exclusive control of a product if it can
maintain their monopoly, have made it difficult or even be digitised. Making copies of physical products is (still)
impossible to do so, even though this could create new rather difficult because there are enormous economies of
knowledge or better products. The need to patent new scale in the mass production of physical things, particu-
discoveries and innovations also delays the publication larly the more complex ones. The same cannot be said
and implementation of them. Studies have shown that for digital products. Once something has been reduced to
university patents hamper research instead of promoting bits and bytes, it is trivial and almost free of cost to copy
it, to the detriment of the global society as a whole.2 it and then distribute the copy. Once the cat is out of the
Finally, we must ask the question: how far into the bag, it is very difficult to stuff it back in – particularly if
future does it make sense to protect immaterial property it breeds and you also need to catch all the kittens.
rights if the point is to create incentive for innovation? Regular attempts are made to protect digital products
The farther the profits from a new creation move away from illegal copying, typically through technical mea-
from the person doing the original work, the less incen- sures, the so-called Digital Rights Management (DRM).
tive they provide. Is it of any great importance to artists However, experience has shown that DRM doesn’t hinder
and inventors that their possible great-grandchildren dedicated pirates, but simply makes life more difficult
in the distant future will make money on their work? for legal buyers of the product, who among other things
Would they not be happier to know that their creations are prevented from making backup copies. The reaction
could spread further in the future because no one could has been to make it illegal to bypass DRM. This is rather
sit on them and limit their dissemination? bizarre – since it is already illegal to pirate copies, also
fo#06 2009 www.iff.dk/FO 11
12. thE NEw ClASS StRuGGlE - by Klaus Æ. Mogensen
The question is: does it make sense to
treat your customers like criminals?
This doesn’t do much to create a fri-
endly relationship built on mutual trust
and respect. As I wrote in an article
back in 2001: If you treat consumers
like criminals, the step to actually be-
coming criminals isn’t a big one to take
many factors suggest that immaterial property
rights, as we know them today, have just about
outlived their usefulness. The question then is:
what should replace them? We need mecha-
nisms to ensure that the best minds of our time
can make a living from creating art, design, new
knowledge, and technology for the benefit of all
mankind
making it illegal to break DRM probably won’t deter After much lobbying, it has succeeded in persuading the
many pirates. The only thing that is achieved is to make French government to pass a law that commits internet
it illegal for law-abiding citizens to make the copies they providers to close the internet connections to households
otherwise would be entitled to make. The question is: in which one resident has been charged with violating
does it make sense to treat your customers like crimi- copyright three times. Such cases still have to go through
nals? This doesn’t do much to create a friendly relation- court, but the judge will only get two to three minutes to
ship built on mutual trust and respect. As I wrote in an evaluate each case and, as a starting point, the defendant
article back in 2001: If you treat consumers like crimi- won’t get the opportunity to defend himself.4 The British
nals, the step to actually becoming criminals isn’t a big House of Lords is preparing a similar law.
one to take. There is of course no excuse for crime, but shouldn’t
The entertainment industry has also tried to stamp the punishment fit the crime? Is it fair to pay million-
down on piracy through enormous fines. Anti-pirate dollar fines or get thrown off the internet (which more
groups in many countries conduct raids on companies and more people deeply depend on for their daily work
and youth clubs and charge sky-high ‘stupidity fines’. The or education) for having pirated a handful of songs or
starkest example so far was when the American single a few movies? Another question is whether you would
mother Jammie Thomas-Rasset was fined almost two even catch the true perpetrators. Must a landlord be pun-
million dollars for having shared 24 songs.3 However, ished if a lodger makes pirate copies? Should a library
little suggests that such isolated cases deter people from or internet café have their internet shut down because a
piracy, so the industry is now trying something new. guest has used their computers to illegally download a
12 fo#06 2009 www.iff.dk/FO
13. thE NEw ClASS StRuGGlE - by Klaus Æ. Mogensen
file? Many wireless networks aren’t password protected, creator can’t afford to live while the process is underway
making it easy for a neighbour to use such a network for – and then it doesn’t matter whether money could possi-
illegal purposes. bly be made from their creation in the future. Of course,
It is also worth noting that the majority of the popu- the question is: who gets to decide who will be supported
lation in the Western world is guilty of violating IPR in and who won’t. This is where the free market forces have
one way or another. How many people can claim not to a clear advantage: a small elite doesn’t control the money.
have a single copied version of a CD, a DVD, a piece of Hence, one new business model is a mixture between
software, a book, or a trademarked design? We are often patrons and free market forces. Several artists have
not even aware that we are violating IPR. The American begun charging money for creating new works, which
Professor of Law John Tehranian has calculated that a then become freely available once they are finished (you
typical internet user violates IPR to an extent that could can’t prevent copying, anyway)6. Others publish their
lead to lawsuits of more than 12 million dollars – every works on a regular basis, but invite donations that make
day.5 it possible for them to continue their production. Neither
Is it reasonable to criminalize everyday actions of of these business models is particularly effective at the
normal citizens? This is not an easy question to answer, moment, but they could become so in the future.
but it is obvious that it is practically impossible to Perhaps the most important point to note is that,
enforce a ban on something that is so widespread. That even though it has become increasingly hard to make
would require authorities to conduct raids on most pri- money from mass-produced, digital products, there is still
vate homes, and there aren’t the resources – nor hardly good business in creating unique products and experi-
the political will – to do this. ences. While record sales have declined, the sale of con-
cert tickets has increased – perhaps because more people
Has time run out for immaterial property rights? know the musicians through free downloads or pirated
If we are to draw any conclusions from the above, they CDs.7 Original art is worth more when more people have
could be: seen a copy. Writers can charge more for a live appear-
ance the more people have read their books. Free, digital
1. There’s no clear evidence that piracy hurts legal products are a cheap and easy way to advertise unique –
sales and expensive – products and experiences.
2. Immaterial property rights aren’t the only – and We are living in a time of many changes, and du-
probably not the best – incentive for innovation ring all times of change, there are class struggles between
and original creation they who depend on the old ways and they who fight for
3. It is practically impossible to enforce immaterial the new. In our day, the fight for the right to knowledge
property rights and culture is one of these new class struggles. We don’t
4. Violating immaterial property rights has become yet know how the struggle will end, but it is certain that
the norm for most people much will be different once the dust settles.
notes
Many factors suggest that immaterial property rights, as 1 www.aftenposten.no/kul_und/musikk/article3034488.ece
we know them today, have just about outlived their use- 2 See e.g. www.nytimes.com/2008/09/07/technology/07unbox.html
fulness. The question then is: what should replace them? 3 www.wired.com/threatlevel/2009/06/riaa-jury-slaps-2-million-fine-on-
We need mechanisms to ensure that the best minds of jammie-thomas
4 www.laquadrature.net/en/yet-another-adoption-of-liberty-killer-three-
our time can make a living from creating art, design, new strikes-law-in-france
knowledge, and technology for the benefit of all man- 5 John tehranian: “Infringement Nation: Copyright Reform and the Law/
kind. If IPR can’t properly ensure this, what can? Norm Gap”, utah law Review, vol. 2007, p. 537, 2007
6 See e.g. www.watt-evans.com
In the old days, before the introduction of immaterial
7 See e.g. www.tinyurl.dk/11617
property rights, artists, researchers and inventors typi-
cally lived on private patronage, public support or from KlAuS Æ. MoGENSEN has a bA in physics and astronomy and is
commissioned work. These financial models haven’t lost employed by the Copenhagen institute for Futures Studies. he special-
ises in areas such as technological opportunities and what they mean
their legitimacy. Many research institutions and artists for society and lifestyle, future culture and life forms, consumption and
are still supported by the state or by private sponsors, media, and ipR (intellectual property Rights). he is also the international
and many are paid for research or art for specific practi- editor of this magazine.
cal purposes.
It actually makes sense to pay a creator during the
creative process, not after. Many potentially valuable
inventions or works of art are never realized because the
fo#06 2009 www.iff.dk/FO 13
14. Share Alike. you allow
others to distribute deriva-
tive works only under a
license identical to the
license that governs your
work.
Creative Commons defines the
spectrum of possibilities between
full copyright and the public
domain, a total renunciation of the
rights to a work.
public domain, a total renunciation
of the rights to a work.
15. Noncommercial.
you let others
copy, distribute,
display, and
Attribution. you
perform your
let others copy,
work — and
distribute, display,
derivative works
and perform your
based upon
copyrighted work
it — but for
— and deriva-
noncommercial
tive works based
purposes only
upon it — but
only if they give
credit the way
you request.
By Henrik Moltke
Creative Commons:
Myths, misunderstandings,
and how 21st century
companies can make money
on “some rights reserved”
No derivative works. you let
others copy, distribute, dis-
Creative Commons is a non-profit or- play, and perform only ver-
batim copies of your work,
ganization that has designed licenses not derivative works based
upon it.
which, in a simple manner, enables a
creator to modify his or her copyright.
“All rights reserved” becomes “some
rights reserved”. However, according to
the Danish project manager of Creative
Commons, a number of misunderstand-
ings and myths are circulating regarding
the organization. Read on and get your
myths busted.
fo#06 2009 www.iff.dk/FO 15
16. CREAtivE CoMMoNS: MythS, MiSuNdERStANdiNGS,
ANd how 21St CENtuRy CoMpANiES CAN MAKE MoNEy oN “SoME RiGhtS RESERvEd” - by henrik Moltke
t
from anybody withou
n obody takes anything
fect anybody not
permis sion, and it doesn’t af
hts. creative com-
w ishing to give away rig
a simple manner,
mons is a legal tool that, in -
what degree of copy
m akes it easy to signal
akes it easy for
right a creator wants. This m
k
others to use the wor
Creative Commons is a not-for-profit organization that So how can it be that Denmark isn’t also at the fore-
offers a range of simple tools, enabling a creator (e.g. an front when it comes to the digital commons (which by
artist or a researcher) to fully or partly share his or her nature are far easier to share than the exhaustible, physi-
work with others. Roughly speaking, the organization’s cal kind)? I believe this is in part because of a number of
tools cover the spectrum between full copyright – what myths regarding Creative Commons! Let’s look at some
we know as “all rights reserved” – and public domain, I have encountered in my time, especially among Danish
which implies a total renunciation of any rights. companies (and particularly among those that primarily
Thus, a Creative Commons license lets a creator work with products protected by copyright).
keep the rights to his or her work while inviting oth-
ers to reuse or copy the work according to simple rules. MYTH #1: Creative Commons is “a sort of modern
communism”
Creative Commons calls this “some rights reserved”.
With a CC license a creator can, for example, choose In 2005, Bill Gates was interviewed during the lead-up
simply to require that he be credited when his work is to the big annual consumer electronics fair in Las Vegas.
used, or deny commercial use of the work or derivative The subject was, among other things, blogs – the big hit
works based on it. This is a far more flexible protec- of the year – and why Gates didn’t have one himself.
tion of rights, with greater public utility, than “all rights During the interview, Gates was asked about his view of
reserved” because it provides greater leeway for individu- milder patent and copyright laws (something strongly
als to share what’s worth sharing and build upon the promoted among bloggers). Gates answered:
works of others. ”There are some new modern-day sort of communists
who want to get rid of the incentive for musicians and
Creative Commons is related to the cooperative move- moviemakers and software makers under various guises
ment (…). The United States has led in creating companies,
Interestingly, the history of a country such as Denmark creating jobs, because we’ve had the best intellectual-
means that it should have a good basis for understanding property system--there’s no doubt about that in my mind,
and using the Creative Commons philosophy. A central and when people say they want to be the most competi-
element of this philosophy is that we all become richer tive economy, they’ve got to have the incentive system.”1
by sharing the resources that are suitable for sharing. Just Even though Bill Gates was probably taking aim
consider such historic examples as the grazing commons at elements in the open source and free-software com-
that have given name to our country’s shires, the coop- munity, rather than at Creative Commons specifically,
erative movement, the public libraries and public schools, the point is the same: copyright is good, more copyright
and not least the public service media. Also consider is better! Gates was implicitly suggesting that anybody
that Denmark is a country where respect for copyright is wanting to soften his or her copyright must be “a sort of
among the highest in the world and where, for example, communist”. Not surprisingly, this statement led to much
the prevalence of unlicensed software use is lowest. hilarity and creative responses.
16 fo#06 2009 www.iff.dk/FO
17. CREAtivE CoMMoNS: MythS, MiSuNdERStANdiNGS,
ANd how 21St CENtuRy CoMpANiES CAN MAKE MoNEy oN “SoME RiGhtS RESERvEd” - by henrik Moltke
MYTH #1:
Creative Commons is “a sort of modern communism”
MYTH #2:
Creative Commons doesn’t work in a country such as denmark
MYTH #3:
Creative Commons is against or undermines copyright
MYTH #4:
you can do anything you want with material released under a Creative Commons
license
MYTH #5:
Creative Commons limits the creator’s own use
MYTH #6:
Creative Commons may work for nerds, bloggers and amateur photographers
who share images on the web, but not for professionals and companies that must
earn REAl money
The spokespeople of Creative Commons believe that there are big differences in legal language and tradition.
copyright is necessary in order to create incentives and This is exactly why a network of volunteers has taken
prevent unfair competition. However, we also believe upon itself to adapt the licenses to different countries to
that overly encompassing rules [for example: extended make them easier to understand and use locally. Creative
duration of protection, laws that limit use, digital rights Commons has been translated and adapted to Danish law
management (DRM)] often impede development. by a team of the country’s leading copyright lawyers, led
It is interesting that, since Bill Gates’ statements by Professor of Law Thomas Riis, CBS.
above, Microsoft has continued to lose market share to There ARE differences in the way copyright works in
Google. Google bases a large part of its business on open Denmark and the rest of the world. American copyright
source and on giving products away, while making a for- focuses more on economic rights than ethical/moral ones.
tune on others! The latter has more room in the so-called Continental
The idea that you – like in the world of scientific European copyright tradition, of which Denmark is a
research – can build upon the work of others, as long part. However, in practice, this is of little matter to the
as they allow this, is quite fundamental. There IS an user. The moral rights – such as the right to protest vio-
ideological element in the movement that desires that it lating treatments of your work – aren’t influenced by
should also be easier to remix culture; that it should be Creative Commons licenses. The advantages are that, as
legal to express yourself in sound and images and that a creator, you know the licenses work alike everywhere
copyright should accommodate this ‘logic of the web’. and that, as a user, you have the same rights to the work
However, the licenses themselves are ideologically neu- no matter which country you’re in.
tral and have today become an important standard for Why then isn’t Creative Commons used more in
individuals and companies that wish to take part in the Denmark? One important reason is probably that many
online culture. people simply don’t know about Creative Commons and
I will stake the claim that 99 percent of these indi- the philosophy behind it – and those that do know have
viduals and companies are interested in making money. hesitations. As a journalist and expert in digital culture,
However, for some, this isn’t the primary, overshadowing it is tempting for me to compare Denmark in 2010
goal. Others emphasize that it should happen in a way with Gates’ USA in 2005. For one thing, Denmark is a
that doesn’t go against all common sense. ‘Microsoft nation’, and large parts of the business com-
munity share Bill Gates’ view of copyright: more is better.
MYTH #2: Creative Commons doesn’t work in a coun- This is particularly the case among industries that feel
try such as Denmark
threatened by the digital revolution: primarily, the music,
That Creative Commons shouldn’t work in a country publishing and movie industries.
such as Denmark is, of course, rubbish. The licenses work However, spring is in the air. The hard line simply
well in Denmark. It is true that the licenses were origi- isn’t profitable, and the winds from the United States
nally adapted to American copyright and that globally (which typically reach Denmark with three to four years’
fo#06 2009 www.iff.dk/FO 17
18. CREAtivE CoMMoNS: MythS, MiSuNdERStANdiNGS,
ANd how 21St CENtuRy CoMpANiES CAN MAKE MoNEy oN “SoME RiGhtS RESERvEd” - by henrik Moltke
’Connect with Fans (CwF) + Reason to buy (Rtb) = the business Model ($$$$).’
this business model has interesting implications
far beyond the music industry, particularly for those
that struggle with piracy
delay) increasingly align with the customers’ desires for songwriters and record labels when music is played pub-
cheap or free content that is easily available. At the same licly in Denmark. Ed.)2
time, the market and culture surrounding shared media
are growing rapidly in Denmark. For now, Danes have MYTH #4: You can do anything you want with material
released under a Creative Commons license
thrown themselves at Facebook in particular, but blogs
and photo-/video-sharing are also common. Here, many Since Creative Commons is based on copyright, you have
choose Creative Commons because it makes copyright the same rights and the same protection as bestowed by
easy to use and understand, and because it fits well with regular copyright. Granted, it is often difficult to prevent
their needs. others from, for example, ‘borrowing’ photos on the
internet – but with Creative Commons licenses, it is clear
MYTH #3: Creative Commons is against or undermines what a user may and may not do. In the real world, most
copyright problems are easily resolved. However, in the few cases
Unfortunately, a myth one often hears from people that have ended in court, the licenses have been enforced.
who should know better is that copyright is ‘under pres- Hence, there’s no reason to believe that all rights disap-
sure’, and that any concession or approximation to the pear just because you let go of some.
‘opponent’s’ ideas is a defeat. However, this is not true. Nevertheless, it is true that Creative Commons can-
Creative Commons is based on copyright. Without the not and will not enforce licenses – that is up to the indi-
rights that copyright provides the creator of a work, the vidual rights holders, just as with regular copyright.
creator can’t choose to let go of some or all these rights to
others through a license. This is precisely what a Creative MYTH #5: Creative Commons limits the creator’s own
use
Commons license does: it says, “I have the exclusive
rights to this work, but now I give you (and all others) The creator retains all rights to his works and isn’t lim-
the right to use the work under certain terms.” Nobody ited by what license he has chosen. Hence, the myth that
takes anything from anybody without permission, and it Creative Commons limits the creator’s own use is wrong.
doesn’t affect anybody not wishing to give away rights. It is, for instance, possible to make an electronic version
Creative Commons is a legal tool that, in a simple man- of a book available on the internet under a so-called non-
ner, makes it easy to signal what degree of copyright a commercial license and still sell it in the local bookstore
creator wants. This makes it easy for others to use the – but others aren’t allowed to do the same.
work. This is why, for example, KODA endorses the
use of Creative Commons. (KODA is an abbreviation of
Composer Rights in Denmark. The organization repre-
sents Danish and International copyright for composers,
18 fo#06 2009 www.iff.dk/FO
19. CREAtivE CoMMoNS: MythS, MiSuNdERStANdiNGS,
ANd how 21St CENtuRy CoMpANiES CAN MAKE MoNEy oN “SoME RiGhtS RESERvEd” - by henrik Moltke
NiNE iNCH NAiLs AND ’THE Reason to buy (Rtb) = the
busiNEss MoDEL of THE business Model ($$$$)”
fuTuRE’
this business model has interest-
MYTH #6: Creative Commons may work for nerds, when the singer and multi- ing implications far beyond the
bloggers and amateur photographers who share ima- instrumentialist trent Reznor – the music industry, particularly for
ges on the web, but not for professionals and compa- frontman of Nine inch Nails (NiN)
nies that must earn REAL money those that struggle with piracy.
– in 2008 released the Creative the trade association RiAA
This is the most important and, at the same time, the Commons-licensed album Ghosts didn’t much like Reznor’s alterna-
I-IV, it earned more than a mil- tive way of spreading not-yet-
most difficult misunderstanding to vanquish, since com- lion Euros in the first week, even published music. they reacted
panies often focus narrowly on return of investment (what though the music could be copied on behalf of the record company
profits an investment makes in the short term.) Why freely and shared non-commer- with take-down notices (which
share something liberally at no cost with many people cially. these figures contradict the order the owner of a website to
most basic business wisdom, for remove illegal content) to various
when you can sell it expensively to a few? This question why should anyone be interested fan sites – and hence threatened
has been examined by Wired editor Chris Anderson in in paying for something they could with large fines the very same fans
the business bestsellers The Long Tail and, most recently, download at no cost, without fear who spread the music that Reznor
of repercussions? leaked on purpose. Reznor got
Free, which precisely looks at business models based on the answer is that NiN made angry and argued publicly with his
giving something - but not everything – away for free. it easier and more attractive to pay record company, because threats
Perhaps the best examples of using Creative for the product rather than simply of lawsuits didn’t exactly harmo-
Commons as part of your business strategy come – not downloading it for free, and the nize with the desire to Connect
band also gave something special with Fans (CwF). when the Cd
surprisingly – from the music industry. The American to the fans that bought it. with the leaked tracks was later
band Nine Inch Nails is one example (see fact box), and For instance, in 2007, Reznor released, fans discovered that it
Danish Tone is another (see fact box). However, other started experimenting with his fan was made from a special material
base. letter combinations on tour that changed colour from heat
industries are beginning to see the potential of Creative
t-shirts led imaginative fans into an when played.
Commons and its underlying philosophy. online parallel universe that fitted this was a gimmick, but
One example originates in the otherwise copyright- the lyrics like a puzzle. he also still another clear Reason to buy
focused pharmaceutical industry. The international distributed uSb keys with new, (Rtb) – rather than just download
unpublished music to the toilets the mp3 files. Reznor chose to
pharmaceutical company Merck & Co. has – in coopera- during concerts. when lucky toilet gamble on “CwF + Rtb = $$$$”
tion with Science Commons, a subsection of Creative visitors came home and discov- and left his record company
Commons that makes it easier to share scientific data ered what they had found, they when his contract terminated. he
– donated a large database of disease biology, in addition – of course – immediately shared it started his own label, and it was
with other fans on the internet. from here he released the con-
to software resources, for free use by anyone. This first in the words of the popular cept album Ghosts I-IV. it sold far
‘lump’ of data will form the basis for a network through it journalist Mike Masnick, Reznor beyond expectations and topped
which scientists can come together and contribute to had found “the following simple Amazon’s list of most sold mp3
‘formula’ that is the basis for mak- albums in 2008, even though it
eradicating diseases. This will ultimately mean that, for ing money in the music business was fully legal to ‘pirate’ it.
example, a researcher working for a non-profit organiza- (…) in the digital era:
Connect with Fans (CwF) +
fo#06 2009 www.iff.dk/FO 19
20. CREAtivE CoMMoNS: MythS, MiSuNdERStANdiNGS,
ANd how 21St CENtuRy CoMpANiES CAN MAKE MoNEy oN “SoME RiGhtS RESERvEd” - by henrik Moltke
recently, my colleague Andreas lloyd remixed
kevin kelly’s book Out of Control. Andreas loved
the book, but thought it was too chaotic and too
long, so he shortened and tightened it. A happy
kevin kelly praised the remix, which was given the
title Bootstrapping Complexity, and made it
available under a creative commons license
Think about how quaint a traditional
encyclopedia appears, now that we have
Wikipedia. how much better would the
world be if we allow education, entertain-
ment, government, science and more to be
transformed by the web?
tion in Brazil can use the same powerful computer tools and by invitation only. Hence, in 2006, the TED orga-
in HIV research as the employees of Merck. nization was relatively unknown by the general public.
The project – called Sage – will over the next five Then came YouTube, and TED instantly saw its potential
years be developed into a platform for cooperative mod- and began using video in a way that totally transformed
els whereby hundreds and potentially thousands of scien- the conference’s image and brand. While TED was once
tists can together solve a problem and at the same time a rather closed forum like The World Economic Forum
ensure that the results are open for all to build upon. All in Davos (desired by many, hated by others for its eli-
the results that are protected by copyright are made avail- tist approach), it is today a megabrand encapsulated by
able under the most liberal license, and research data fol- the slogan “Ideas Worth Spreading” - a sort of Roskilde
low Science Commons’ protocol for openness. Festival for thinkers.
You may ask why Merck has made this move. One Today at TED.com, you can find more than 500
answer is, of course, that there is an element of marke- presentations by names such as Bill Clinton, Al Gore and
ting and branding. However, it is also likely that Merck Gordon Brown, all under a Creative Commons license.
wishes to experiment and collect knowledge that later However, you can also find them on blogs, on iPods, in
can be turned into profits. The company can, at minimal classrooms, and embedded in other people’s presenta-
expense, contribute positively to markets where this is tions. Among the most seen and popular you will find
more advantageous than to sue ‘pirates’. relatively unknown scientists and entrepreneurs with an
important or entertaining story to tell. One of the TED
TED – ideas spread because of free video stars is the Swedish Professor of Public Health, Hans
Another example of greater openness, realized through Rosling, who delivers PowerPoint, bubbles and animated
CC licenses, is the TED conferences (Technology, curves about global health statistics with an enthusi-
Entertainment, Design). The conferences were originally asm very few sports journalists can match. Subtitles of
known for collecting the world’s elite in business and high quality, written by the users themselves (like in
research to share knowledge and inspiration behind Wikipedia, and also under a CC license), ensure that TED
closed doors. This took place under exclusive conditions
20 fo#06 2009 www.iff.dk/FO
21. CREAtivE CoMMoNS: MythS, MiSuNdERStANdiNGS,
ANd how 21St CENtuRy CoMpANiES CAN MAKE MoNEy oN “SoME RiGhtS RESERvEd” - by henrik Moltke
presentations are seen by millions of people in more than all the knowledge of the world. Today, the picture is very
50 languages. different.
There are many other good examples of using CC to Jimmy Wales, founder of Wikipedia and board mem-
enhance openness and development. One such example ber of Creative Commons, has said: “Think about how
is the science fiction writer and blogger Cory Doctorow quaint a traditional encyclopedia appears, now that we
(see his article on page 37, ed.), who makes his books have Wikipedia. How much better would the world be if
available under a CC license and lets his users format we allowed education, entertainment, government, sci-
them for all possible platforms, from Nintendo DX to ence and more to be transformed by the web?”
Amazon Kindle. He is also on the New York Times best- If we compare Creative Commons with the free soft-
seller list – for selling physical books. Danish Dan Larsen ware movement (and there are many good reasons to do
has followed in Doctorow’s footsteps with his Holger so), it might take a decade before the idea reaches the
novels and has assembled a horde of readers through critical mass necessary to really break through into the
free, chapter-by-chapter podcasts of the books. Recently, rather cautious Danish business community. However,
my colleague Andreas Lloyd remixed Kevin Kelly’s book this means that we now have an excellent opportunity
Out of Control. Andreas loved the book, but thought it to experiment and become experienced with the digital
was too chaotic and too long, so he shortened and tight- commons. The ground is fertile, and there’s money to be
ened it. A happy Kevin Kelly praised the remix, which made – for in the network society, it pays to be a good
was given the title Bootstrapping Complexity, and made it neighbour. In the words of pioneer Richard Stallman:
available under a Creative Commons license. “If we don’t want to live in a jungle, we must change
And then, of course, there’s Wikipedia, which in our attitudes. We must start sending the message that a
2009 turned 100 percent to Creative Commons licenses. good citizen is one who cooperates when appropriate, not
For instance, CC licenses are now used for Wikimedia, one who is successful at taking from others.” (Stallman is
which allows over five million photos, sound files, and the founder of the free software movement, ed.).
videos to be used freely, even for commercial purposes.
When Wikipedia was founded, very few believed in the notes
1 Read the entire interview at www.tinyurl.dk/11696
seemingly mad project of giving all people free access to 2 www.koda.dk/eng
hENRiK MoltKE is a danish journalist and expert of digital media. he is
a regular contributor to wikipedia, contact person for Creative Commons
in denmark, and co-creator of the copyright-critiquing documentary Good
Copy Bad Copy (2007). henrik Moltke is also employed as an advisor to
ToNE: “PLEAsE CoPY THis pany’s server broke down. A help- the company Socialsquare.
RECoRD To ALL YouR ful Swede created a (legal) torrent
fRiENDs” (a file type connecting users) on SoCiAlSQuARE – which houses Creative Commons denmark – offers
pirate bay, after which the record strategic support regarding processes, products and tools for the social
tone (Sofie Nielsen) – a young company lost track of the number internet. Socialsquare thinks that it is easy for most to establish commen-
singer/songwriter and producer of downloads. this sort of internet tary fields or Facebook pages, but the real art is to engender participation
from the danish city of Aalborg hype can be difficulty to translate and commitment from users and employees in a meaningful way that
– got a smashing start with her into anything other than attention. supports existing business.
debut album “Small Arm of Sea”, however, one thing is certain: with CREAtivE CoMMoNS is a not-for-profit organization founded in 2001 by,
which was the first major danish simple means, tone reached the among others, the it and ipR experts James boyle, Michael Carroll and
Creative Commons music release. ears of far more people than she lawrence lessig; professor hal Abelson; it law expert Eric Saltzman; and
with the tag “please copy this had ever expected. of course, publisher Eric Eldred. the organization is international and is represented
record to all your friends”, the good reviews and a fine reception in more than 60 countries. its tools cover the spectrum between full
album received massive attention, in the music press also helped. At copyright (“all rights reserved”) and public domain, which implies a total
even outside the nation’s borders. the time of writing this article, tone renunciation of any rights. www.creativecommons.org.
tone was the first in the world to is approaching her international
release her music under a Creative debut, with record releases and
Commons license with backing live concerts planned in Germany,
from a management company. in the Netherlands and belgium. So
practice, this meant that tone’s far, tone has sold 450 records in
fans and others could openly denmark - an impressive figure
download the album for free, while for a so-called ‘microlabel’ release
royalties from commercial use in a small country. her label con-
was handled traditionally through firms that tone has gained much
KodA. A number of leading inter- from releasing her music under a
national blogs spread the news, Creative Commons license and,
and more than 6000 people down- at the same time, she has earned
loaded the album for free the first decent royalties from radio airplay.
day – until the little record com-
fo#06 2009 www.iff.dk/FO 21
23. by Morten Grønborg
Sample, mashup, remix, copy…
About today’s artistic
‘being-in-the-world’
Sampling, mashup and related techniques are gai-
ning importance as artistic strategies. These chal-
lenge intellectual property rights, but there is more
at stake than just the law. The methods outline the
contemporary creative being
fo#06 2009 www.iff.dk/FO 23
24. SAMplE, MAShup, REMiX, Copy…About todAy’S ARtiStiC ‘bEiNG iN thE woRld’- by Morten Grønborg
The ph lamp was originally a progres-
sive symbol – an expression of the mo-
dern, the free, the democratic, and of
caring for the little guy, who shouldn’t
bother copying the upper classes’
plush-covered lamps and a lifestyle he
couldn’t afford. This history is signi-
ficant when we consider the super-
Flex project of exporting the lamp to
poor corners of the world. They are
saying: the task is not yet complete; the
struggle just takes place far from happy
denmark. In this sense, superFlex
– not louis poulsen – is the true custo-
dian of the ph heritage
”All artistic expression is based on copying, repetition Perhaps this is a reminder to all of us in the middle
or combination of things that already exist. Imagine if class that many people around the world can’t take even
Marcel Duchamp was sued by the company that produced the simplest modern aids for granted.
his famous toilet bowl. He would be unable to put his The SUPERGAS project is interesting for several
name on anything made by others. And this is the princi- reasons. First, it shows that today’s works of art must be
ple by which copyright works. However, it is totally absurd viewed with an expanded artistic perception that appreci-
to lump things together in this way.” ates works in relation to elements of entrepreneurship,
- Rasmus Nielsen, artist group SUPERFLEX1 industrial arts, and business. Second, it highlights the
current artistic trend to design works that don’t just com-
The artist group SUPERFLEX has, since 1997, run ment on reality, but also challenge and intervene in it.
the social art project SUPERGAS. The aim is to equip This trend is what the theoretician Nicolas Bourriaud
poor people in Tanzania, Cambodia and Thailand with calls relational aesthetics.2 Third – and perhaps most
cheap biogas units. There are regions in these countries importantly for us here – it is interesting to explore how
that lack access to electricity, but with the biogas units – the project has been received and understood as a work,
which use organic materials such as animal waste – the and in particular as a work that copies a design classic.
inhabitants can produce enough gas on their own to The manufacturer of the PH lamp, Louis Poulsen, did
drive a gas lamp or stove. not look mildly upon the artists who copied and adapted
As part of this project, SUPERFLEX at one point the lamp they had a monopoly on producing. When
made a cheap sheet-metal copy of the famous PH5 lamp, SUPERFLEX in 2002 exhibited SUPERGAS at the gallery
modified to use biogas rather than electricity. The lamp Rooseum in Malmö, they were met by lawyers and the
was cool and quite functional. And the social commen- threat of lawsuits for breaking Louis Poulsen’s immate-
tary was obvious: the PH lamp – number one symbol of rial property right. The case ended with a sort of compro-
Danish middle class comfort – is now hanging in poor mise,3 whereby SUPERFLEX among other things agreed
huts in faraway countries, and its light comes from gas to equip the exhibition with a sign that, in this case,
made from … shit. allowed the artists to show their homemade PH lamps.
The implicit message was: others may NOT.
24 fo#06 2009 www.iff.dk/FO
25. SAMplE, MAShup, REMiX, Copy…About todAy’S ARtiStiC ‘bEiNG iN thE woRld’- by Morten Grønborg
This sort of reaction – and the idea that there is sions are connected. The work influences the world,
something to react against at all – is what this article is which influences the work, which influences the world,
about. SUPERGAS is just one of many examples of how which influences the work.
recycling, copying, sampling, remixing, creating mashups Any work is part of an infinite feedback mechanism
and related methods are becoming common artistic strat- between reality and artistic construct.
egies. In a broader sense, they may even form the con-
tour of a type of modern, creative being. I will return to Embedding
this point later. If we include a third dimension, we can say that the crea-
tion of a work also bears witness to the creator’s way of
The work as a historic essence and icon being in the world. The creative mode itself cannot be
A historic period can, among other things, be understood separated from the work. The creator’s life is always a
through the artistic works it produces. One example is part of the work because the artistic lifestyle and world-
the 20th century inter-war period. We can find furniture view, which often are opposed to the reigning doxa and
and works of art from this period, which are so typical the ruling class, are embedded in the creation. The phi-
that they can be seen as essences. Consider the surrealist losopher Martin Heidegger described this relationship as
Wilhelm Freddie’s Sex Paralysis Appeal from 19364; or being-in-the-world, which means that the individual is
consider the exotic dancer Josephine Baker with banana subject to an existential contextuality or embedding she
skirt and bare breasts; or consider A.M. Cassandre’s ico- cannot transcend. In this light, you can either passively
nic ocean liner posters from the 1930s5; or, finally, con- accept the life conditions you are subject to, or you can
sider Poul Henningsen’s aforementioned PH5 lamp, work with them, but you can never escape them.
which has its roots in the very first lamps from PH, If we again look at Poul Henningsen’s creations, they
developed in the twenties and mass-produced in the were closely tied not just to functionalism as an inter-
thirties and later. These are all fragments of our collec- war movement, but also to cultural leftism as a politi-
tive story about how the world was in the time between cal reform movement (and hence to everything these
the great wars. But, at the same time, they are holistic isms opposed). Proponents of the cultural left wanted to
pieces that seem to contain the whole within them. They change the people of their time and the way they lived;
don’t just tell the small story about themselves, but also hence the PH lamp isn’t just a design icon, but also a
the greater story, because they activate in our minds an political statement. It tells of a lifestyle that, in the words
underlying awareness of meaningful historic unity. of Elias Bredsdorff (from 19556) on cultural leftism,
However, the works aren’t simply exponents for “builds on respect for humanity, thinks in international
something. While the works and artists have gained ico- perspectives, and is burdened with social conscience ... a
nic status in posterity, they were born into a present that spiritual heresy, which exposes habitual thinking, hypoc-
didn’t automatically grant them the value we do today. risy, stock phrases, and clichés.” In light of this ethos, it
They were an answer to something, they were a part of becomes clear that the lamp was once something QUITE
something, and they were a reaction to something – then different from the symbol of middle class comfort to
and there. Perhaps they were even rebelling against which I earlier referred.
something. At any rate, a common feature of many of The PH lamp was originally a progressive symbol –
the works we today consider classics is that they repre- an expression of the modern, the free, the democratic,
sented a break. A break from something that wasn’t good and of caring for the little guy, who shouldn’t bother
enough or which simply could be different because the copying the upper classes’ plush-covered lamps and a life-
opportunities of a new age allowed it. style he couldn’t afford. This history is significant when
In each their own way, Josephine Baker and we consider the SUPERFLEX project of exporting the
Wilhelm Freddie broke with the narrow-mindedness and lamp to poor corners of the world. They are saying: the
Victorian sexual morals of their day (Freddie’s works task is not yet complete; the struggle just takes place far
were even impounded and forbidden). Meanwhile, Poul from happy Denmark. In this sense, SUPERFLEX – not
Henningsen’s lamps were part of an all-encompassing Louis Poulsen – is the true custodian of the PH heritage.
modern project that aimed to clean out the dark,
Victorian-style interiors and provide fresh air, light and About today’s being-in-the-world
honest furniture to the common man. With this, let us return to the present and the future. It is
The break is central, and a work is thus closely tied necessary to look at several levels, as I outline above, when
to the context – the society – in which it is created. Seen evaluating the significance and value of today’s artistic
in this light, the PH lamp is the result of a development creations. We can’t speak of the fairness – or unfairness –
rather than an exponent of it. In reality, these two dimen- of breaking copyright (for works), patents (for inventions
fo#06 2009 www.iff.dk/FO 25
26. SAMplE, MAShup, REMiX, Copy…About todAy’S ARtiStiC ‘bEiNG iN thE woRld’- by Morten Grønborg
We can’t speak of the fair-
ness – or unfairness – of
breaking copyright, pa-
tents or industrial design
rights without taking this The examples
into account. The issue is all point to how
about more than just the phenomena
creation itself. It is also such as samp-
about the nature of our ling, mashup,
society and about how we remixing and
live and become creative copying are
beings within it parts of the
mode and life
conditions of
modern man
and technological products) or industrial design rights (for text: “Sometimes I feel so sick at the state of the world I
industrial art products) without taking this into account. can’t even finish my second apple pie”? Or when he, in a
The issue is about more than just the creation itself. It is photomontage, lets Ronald McDonald and Mickey Mouse
also about the nature of our society and about how we live become figures in perhaps the best known war photo of
and become creative beings within it. all – the image of the crying, napalm-burned child from
For instance, what does it mean when high school the Vietnam War? Are these examples related to, for
students recycle already existing papers and exercises – instance, the phenomenon of internet news sites continu-
freely available in Denmark on the site studieportalen.dk ally and unthinkingly recycling each others’ articles? Are
– and deliver them in more-or-less intelligently edited and they related to the rise of mashup internet sites such as
composed form as ‘original works’? What does it mean boliga.dk, which makes a living by connecting data from
when DJ Danger Mouse cuts up and mixes the Beatles’ other sites in a new way, or with my own methods while
White Album with the rapper Jay Z’s Black Album to cre- writing this article? I have in no time located a number
ate the much debated (and sued) Grey Album? And when of my examples and points through Google by searching
Northern Brazilian computer geeks transform Western hits for words such as ‘remix’, ‘mashup’ and ‘copying’ and
without permission into the local techno brega7? Is this hence landed on other writers’ articles and works, from
art simply theft? What is the significance of DJ Girl Talk which I have found inspiration and borrowed examples.
performing his songs, which are almost completely pasted I cannot answer these questions unambiguously,
together from samples of other artists’ songs? Is this sim- but the examples at least say something about our time
ply a violation of copyright? Or is it, perhaps, an expres- and culture. In the eyes of posterity they will be a part
sion of a new form of artistic originality? of what characterizes our time as a historic period. The
And what about street art? All the strange post- above-mentioned works have much in common, and they
ers without clear senders or messages that hang in any also have much in common with many other forms of
metropolis, even in spaces where they aren’t supposed creativity, activity and human endeavour that we see at
to be hung – are they art? Is it art when the street artist the moment. The examples all point to how phenomena
Banksy, in a photomontage, puts a Burger King crown such as sampling, mashup, remixing and copying are
on the head of a skinny third-world child and adds the parts of the mode and life conditions of modern man.
26 fo#06 2009 www.iff.dk/FO