From the category archives:

Intellectual Property

Free everything??

by Henry Farrell on March 12, 2008

My previous post has attracted some comments about the academic publishing model, why it is that academics submit to commercial journals that make (in many cases very substantial) profits from publishing their pieces and so on. This broad set of issues has been debated here and on other sites over the last few years. I’d like to throw out a more focused question, aimed primarily at the academics among our readers (although other commenters should feel free to chime in, as always). Starting from the assumption that most of you submit most or all of your work to traditional journals: what would it take for you to switch to publishing through other means (specifically, free-access online paper repositories)???

My own switching requirements (which I imagine are shared by some but not all of you) would be twofold. First – that any alternative means of dissemination provide some sort of credentialling that is acceptable for purposes of internal review. While most of us do our research because we are interested in our topics and think that they are independently worthwhile, we also do it because we would like to keep our jobs (some might also or instead want to find better jobs elsewhere). Second – that the alternative mechanism provide some analogue to the kinds of focused criticism that we get (when we are lucky) from anonymous reviewers. This not only allows for gatekeeping and quality control on the aggregate level, but also typically leads to pretty substantial improvements in individual papers when the reviewers are on target. Obviously, some bad goes along with this system (the implicit incentives of journal publication make academics less likely to take risks and write on out-in-left-field topics than they might in an ideal world), but it’s hard to see how getting rid of it altogether would be a good thing.

If there were a system that provided these two desiderata for social scientists, I’d jump ship in a heartbeat – on every other reasonable criterion I can think of (perhaps there are some that I am missing) open systems are likely to beat closed ones. Obviously there are some very important economic issues too – arXiv, which is the closest analogue to such a system that I can think of, costs a fair bit of money to keep going. But it seems to me that the basic question of what we should want (or, more precisely, what we would absolutely need; wants are potentially infinite) in such a system should be asked before we ask how it should be funded. So what are the benefits and problems of such a system from your perspective, and what would it take to get you to jump over?

Free Public Choice

by Henry Farrell on March 12, 2008

One of the more annoying aspects of academic publishing is that articles are usually behind a paywall and thus effectively unavailable to people without an institutional affiliation. I’ve felt this especially keenly with respect to the _Public Choice_ special issue on blogging that Dan Drezner and I co-edited. Unlike most things that I’ve been involved in putting out there, I suspect that there is a decent non-academic audience out there for this kind of work, who will never get to see it because of the largish fees that they would have to pay as non-subscribers. The good news, via my colleague Eric Lawrence, is that Springer Verlag are making _Public Choice_ available for free to everyone via the WWW until the end of April, as a promotional exercise. So if you want to read my or (more likely) the other contributors’ thoughts on blogging, click on this link and click through to the January 2008 issue. For a limited time only, as they say in the business.

Mole as Painter/Knowledge Rules

by Henry Farrell on March 10, 2008

Two very different outside links. First is to the Mole series of Czech cartoons, which is probably well known to lots of CT readers, but which I hadn’t heard of before I ran across it on Youtube. It keeps my 2 year old son happy, while not containing any tricky content beyond a couple of scary moments involving foxes and cats chasing after the eponymous hero. I was given pause when I found out on Amazon that Michael Medved rates it highly, but it’s good enough even to survive that most dubious of recommendations. The embedded video is “The Mole as Painter,” which is quite beautifully animated. Nominations for other Youtube videos likely to please toddlers will be gratefully received in comments. Information on where/how to procure DVDs of the Mole series even more so.

Second, and more seriously, the SSRC have a new blog, Knowledge Rules, which looks worth following. It deals with a topic that we’ve frequently discussed on CT – the intersection between intellectual property issues and how the academy disseminates knowledge. For your bookmarks.

Another reason to use R

by Kieran Healy on February 15, 2008

The wacky world of software licensing visits my inbox:

The newest version of SPSS cannot leave the country according to our current licensing agreement and US Export laws. Additionally, graduate students are not legally allowed to work on laptops (regardless of ownership) that utilizes the university site license. As a result, we are imposing a hiatus on SPSS installations on laptops and on any system that will leave the country until this can be resolved. Anyone who is leaving the country with a UA laptop, please contact us to remove the software before you leave to ensure software licensing and export conditions are met.

They’re trying to fix this absurd state of affairs, but the Contracting Office apparently signed off on the original site-license agreement. If you’re using SPSS in the first place you need to reconsider your plan for your life, but still.

Zoteromania

by Scott McLemee on September 26, 2007

My column today is a very basic introduction to Zotero. As noted there, the release of Zotero 2.0 is a thing to look forward to — it will, among other things, allow you to store your searches, annotations, etc. on a server, rather than your computer, which will have all sorts of benefits. But it’s not clear when that will happen.

People have pointed out that the enhanced version faces two potential problems: storage space and intellectual-property issues (regarding ownership and control of stored material, mainly). I asked one of the directors of the project, Dan Cohen, about that. Unfortunately he only got back to me after the column was done. But here’s his response:
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Microsoft gets clobbered

by Henry Farrell on September 17, 2007

Microsoft received a very significant setback this morning – its appeal against anti-trust actions taken by the European Commission was rejected by Europe’s Court of First Instance (with the exception of one, more or less unimportant aspect of the Commission’s oversight regime) (NYT story here, Court press release here. This is a very interesting ruling, not only for the EU but for US markets as well. While Microsoft can (as it has done in the past) continue to sell tailored products for the European market only, it is likely to find its business model quite significantly constrained by the threat of future action. More detailed analysis below the fold … [click to continue…]

Linkage

by Henry Farrell on April 25, 2007

Bits and pieces from elsewhere on the WWW in lieu of a proper post.

Via Tyler, I see that Dani Rodrik now has a blog. And has just won the first Albert Hirschman prize, which sounds to be an excellent institution, honoring “scholars who have made outstanding contributions to international, interdisciplinary social science research, theory, and public communication. Hirschman is notoriously a prophet without honour in his own discipline; he’s far more widely read by sociologists (see Kieran’s article with Marion Fourcade for further discussion) and political scientists than by economists.

Cory Doctorow is turning out, in the best of all possible ways, to be an uncomfortable guest at the University of Southern California. There’s a lot more background in this interview he did with the _Chronicle_ a few weeks back, which I meant to link to at the time, and never quite got around to. More on this later today or tomorrow.

This bit at Chris Hayes’ blog (which you should all be reading) is thought provoking:

My friend Nick Reville once said something about public libraries that has always stuck with me. “If libraries didn’t already exist, there’d be no way they could ever come into existence now. Can you imagine telling the publishing industry that the government was going to pay to set up buildings where they gave away their product for free?” That’s as good a summary of our current political-economy as any.

Avian Flu Negotiations

by Jon Mandle on April 4, 2007

As of yesterday, Indonesia has suffered more confirmed human deaths (72) from the avian flu than any other country. (Here are World Health Organization statistics.) In February, Indonesia stopped sending samples of the flu to the WHO. They wanted to prevent drug companies from developing and patenting vaccines that they (and other poor countries) could not afford. In a February story (that I missed at the time), the NY Times reported:

Dr. David L. Heymann, chief of communicable diseases at the [WHO], who negotiated in Jakarta, the Indonesian capital, with the health minister, thanked Indonesia for drawing attention to the problem and said he had been assured that it “would not hold the W.H.O. hostage to the virus,” wire service reports from Indonesia said.

Dr. Heymann said that a fund to buy vaccine for poor countries could be discussed at the March meeting and that his agency would help Indonesia eventually develop its own vaccine factories.

At the end of March, Indonesia and the WHO reached an agreement according to which Indonesia would resume sharing samples with the WHO, on the condition that “not share virus samples with commercial vaccine makers without permission from the source country”.

Now, news comes that

GlaxoSmithKline (GSK), Britain’s largest drugs company, is in talks with the World Health Organisation (WHO) about a proposal for a subsidised mass vaccination programme against avian flu for developing countries, The Times has learnt.

Hopefully these negotiations will be fruitful. It seems as though Indonesia has played the game successfully – but what a dangerous game they were forced to play.

Cover story

by Michael Bérubé on March 22, 2007

Greetings, O Timberites! Welcome to “spring,” unless it’s now “autumn” for you. (I hate these fashionable nods to “global relativism,” but I’m informed that some CT readers and contributors are adherents of some kind of Southern Hemisphere Standpoint Epistemology.) I fear that my nasty reputation has preceded me to this prestigious blog, but just for those of you who might be wondering who I am and why I’m here, my name is Michael Bérubé. I teach literature and cultural studies at Penn State University, where I also co-direct (with my wife, Janet Lyon) Penn State’s Disability Studies Program. In future posts, I will be more than happy to remedy this blog’s inexplicable inattention to (a) disability studies and (b) professional hockey in North America, but first, I should probably mention by way of introduction that I published two books last fall, one of which features my <a href=”http://www.michaelberube.com/images/uploads/berube_rhetorical.jpg”> ginormous looming ghostly head</a> and the other of which has been widely lauded for its innovative jacket design:

chalk1

Hey, hold the phone!

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Chris Lightfoot is dead

by Chris Bertram on March 5, 2007

I’m very sorry to see, via the Virtual Stoa , that Chris Lightfoot , blogger, coder and social entrepreneur has died suddenly . My own knowledge of Chris was limited to reading his blog, exchanging the odd email, and sometimes visiting the various projects he helped create (such as Pledgebank ). But I read enough to notice that he was one of the few really individual voices on the interwebs: quirky, stubborn, idiosyncratic and pretty determined about the things he cared about – such as government and commercial threats to privacy.

New and Improved News

by Maria on February 22, 2007

Last week I posted rather breathlessly about the amount of content the BBC is putting online for free downloads. At the back of my mind, I had a little niggley thought which I chose not to pursue; wasn’t the BBC doing something a while back to get its whole archive online so that any member of the global public could rip, mix and burn? And hadn’t Cory Doctorow of EFF/BoingBoing been doing some work on this at some point?

That very day, a post on BoingBoing had the following to say;

“The BBC had so much promise a few years ago, back when it was talking about delivering real, world-class public value to license payers by doing the hard work of clearing the footage in the archive and letting the public remix it. Now that vision has been reduced to a sham — the BBC iPlayer, a steaming pile of DRM that restricts you to being a mere consumer of BBC programming, downloading it to your PC for a mere seven days.

For a minute there, the BBC seemed like it would enable a creative nation. Now it’s joining the jerks in Hollywood who think that media exists to be passively swallowed by a legion of glassy eyed zombie audience members. ”

The Beeb’s excuse is that it’s looking for an ‘open standards DRM’, an inherent contradiction if ever there was, and also that it can’t clear its archive. Doctorow points out the weakness of the latter claim; if BBC was so worried about past clearing archival footage, it would be working to “prospectively clear everything in its production pipeline, something that could have been done five years ago”. As he says, the BBC exists to make its content maximally available to the public.

BBC consultation on ‘on demand’ services here (boingboing link to it is broken). BBC Backstage podcast of a discussion on BBC and DRM here.

It’s …. alive!

by John Holbo on February 20, 2007

So it happened like this. I noticed that the Gutenberg Project version of Mary Shelley’s Frankenstein didn’t indicate which edition – 1818 or 1831. The two are rather different, as the author rewrote whole passages. Example: I just read a piece by Brian Aldiss in which he asserts, in passing, that H.G. Wells must have been misremembering when he wrote that “Frankenstein, even, used some jiggery-pokery magic to animate his artificial monster.” But: this would only be clearly wrong concerning the 1818 version, which is actually more ‘scientific’. An appendix to a recent edition of the 1818 edition notes: “the 1831 reader is allowed to think that the faculty at Ingolstadt [where young Victor gets his schooling] in the 1790s, even the previously sympathetic Waldman … were indeed teaching arcane magic under the name of natural science.” That’s sort of debatable, as a reading of the 1831 edition, seems to me. But it probably explains Wells’ impression.

Anyhoo. The Gutenberg version is definitely 1831. But, since Gutenberg editions are – Frankenstein-fashion – cobbled from the corpses of works passed into the public domain – it seemed possible that it was maybe a bit of both. Also, there are lots of typos (you get what you pay for.) Mostly just misplaced commas, colons and semicolons, but hundreds of those. (I’m convinced that the main export of Victorian England was the overused semicolon. Seriously, Shelley’s punctuation is bizarre. What’s with all the colons followed by dashes? Is that really necessary? Oh well.) So for the last few weeks I’ve been working through it, a chapter a night, with a public domain (1912 Everyman) edition of the 1831 edition in hand. I’m up to chapter 18. When I’m done I’m going to make a nice public domain edition. (Maybe do a book event.)

So here’s my question. When I’m done, I’d like to double-check it against an appendix to a still-in-copyright 1818 edition, which gives all the differences between the 1818 and 1831 editions. On the one hand, I really ought to be working from public domain material. On the other hand, I’m not exactly copying this appendix; merely verifying the correctness of text I’ve independently produced. Suppose I end up adding, subtracting or shifting 100 characters worth of punctuation, thanks to consultation of this appendix? Would that be a violation of copyright? Seems a bit weird if it is. 100 character total ought to be fair use, right? There must be copyright traditions concerning editorial questions like this, yes? Am I allowed to treat the appendix as containing information I am allowed to use freely?

UPDATE: Ben Wolfson has related, deep thoughts: “Punctuation marks can be very expressive, especially em dashes (my favorites!—maybe tied with semicola), so why ought one restrict their use to single isolated occurences? Surely in combination they can achieve heretofore undreamt-of degrees of subtlety in expression. (My gloss on the comash was that it implies a degree of reticence or hesitancy, and then:—suddenly elsewhere, or the dam is burst.)”

Felten on Property Rights Management

by Henry Farrell on August 14, 2006

This is a very interesting post:

bq. The second trend I identified in the talk was toward the use of DRM-like technologies on traditional physical products. … some printer makers have their printers do a cryptographic handshake with a chip in their cartridges, and they lock out third-party cartridges by programming the printers not to operate with cartridges that can’t do the secret handshake. … Doing this requires having some minimal level of computing functionality in both devices (e.g., the printer and cartridge). Moore’s Law is driving the size and price of that functionality to zero … so it will become economical to put secret-handshake functions into more and more products. Just as traditional DRM operates by limiting and controlling interoperation (i.e., compatibility) between digital products, these technologies will limit and control interoperation between ordinary products. We can call this Property Rights Management, or PRM. … A pen may refuse to dispense ink unless it’s being used with licensed paper. … A shoe may refuse to provide some features, such as high-tech cushioning of the sole, unless used with licensed shoelaces. …Will these things actually happen? I can’t say for sure. I chose these examples to illustrate how far PRM might go. …What we can say, I think, is that as PRM becomes practical in more product areas, its use will widen and we’ll face policy decisions about how to treat it.

There’s an economic case to be made that this would be efficient and promotes innovation (see Austan Goolsbee in the _NYT_). I think that the negative distributional consequences (i.e. the transfer of bargaining power from consumers to producers that it would lead do) would be more important. Other opinions?

Update: Link to Felten’s post added. Duh.

Smarter anti-piracy?

by Steven Poole on June 29, 2006

A friend told me that there is an interesting version of the Red Hot Chili Peppers’ new album, Stadium Arcadium, doing the rounds on internet filesharing services, so I listened to it. (Note to RIAA agents: I’d already bought the CD.) The pirate version is fascinating. It looks like a genuine high-bitrate mp3 rip of all songs on both discs, but the panning – the distribution of instruments in the stereo field – is drastically wrong. John Frusciante’s guitar takes up nearly the whole of the right channel, while Anthony Kiedis’s voice, and even the drums and bass guitar, are relegated to the left. Since lead vocals, bass guitar, and bass and snare drums are nearly always more or less centred in standard rock mixes, this makes the mp3s very disconcerting to listen to on headphones for any length of time. (This is a simplification, of course: for some amazing spatial engineering in rock music, listen for example to Placebo’s new album, Meds. But this pirate Chilis rip just makes you feel kind of seasick.) Now, of course this could just be some software gremlin in the ripping process. But it started me wondering: what if it’s deliberate?
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Markets in Everything, Except Shorts

by Kieran Healy on June 21, 2006

Wait, is this Marginal Revolution or something? Anyway, consider the following story:

Dutch fans are being handed orange shorts to watch the Argentina World Cup match if they wear trousers promoting a beer which is not the official sponsor. Up to 1,000 fans had to watch Friday’s game against Ivory Coast in underpants after being denied entry because they were wearing the orange lederhosen.

Fifa said a bid at “ambush” marketing – free publicity at the expense of official sponsors – was not allowed. But Dutch brewery Bavaria defended its decision to give away the lederhosen. It said no sponsors had the right to tell fans what to wear. American firm Anheuser Busch, maker of Budweiser beer, is among 15 companies to have paid up to $50m (£27m, 40m euros) each for the right to be an official partner at this World Cup.

Fifa spokesman Tom Houseman told the BBC News website that staff at the Ivory Coast match had been briefed in advance to look out for the trousers with Bavaria slogans and logo. Officials were instructed not to ask fans to remove the lederhosen if they had only underwear underneath, he said. “The idea of hundreds of fans removing their trousers is always potentially amusing, and our suspicion is that trousers were chosen as an ambush tool specifically because of the publicity that fans taking them off would generate,” he said.

“As a goodwill gesture this evening, I have provided gate staff tonight with piles of spare pairs of plain orange shorts should anybody require them.” Mr Houseman added that individual fans wearing items not made by the official World Cup sponsors need not worry about being turned away. Bavaria has defended its decision to give away the orange lederhosen with purchases of its beer. “I understand that Fifa has sponsors but you cannot tell people to strip off their lederhosen and force them to watch a game in their underpants,” Bavaria chairman Peer Swinkels told Reuters news agency. “That is going too far.”

I think your intuitions on this one would predict a lot about your views on IP law.