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Earl Mardle's Journal
Monday, January 20th, 2003

Date:2003-01-20 13:36
Subject:Eldred v Ashcroft - Corporate America Pulls Its Memes Out of the Pool
Security:Public

[This is a work in progress, expect updates, feel free to have your say]

There has been much wailing and gnashing of teeth on the outcome of this legal challenge to the extension of copyright by the US Congress. Of course Eldred should have taken the case and of course Lessig should have prosecuted it and of course we should be aghast at their failure, but we should also stand back and consider what this is about.

If you don't want to read the rest of the rant, quite a lot of it is summed up here.

Zimran Ahmed thinks that Digital Rights Management is closer to suicide for music industry incumbents.

I think that as labels make some progress towards implementing DRM technology, they'll start to see the content equivalent of open source software start to become more popular. Ultimately, they'll be relegated to a small, uninteresting corner of the content market.

In a world where convenience is king, DRM is the road to serfdom for the companies that rely on it.
The stage has now been set for future congressional decisions, acting on precedent, with the support of the Supreme Court, to extend copyright indefinitely, 20 years at a time. As long as the term is an actual; number, it will be legal - but desperately stupid.
I suspect that it is nothing more in the broader scheme of things than a necessary stage in the process of reinventing the way information and knowledge moves through human societies. The decision is not the beginning of something, but rather the acknowledgement of a current reality. The original legislation could not have been adopted unless those with their hands on the levers of power believed that they should do this, and the court would not have accepted the legislation unless it too was attuned to the zeitgeist of those whose hands are on the levers of power. This decision has been an undiscovered fact of life for years and now it is made clear and whole and for all to see. But it is most assuredly about a past event.

Forking the Cultural Code
Open Source programmers deal with this issue all the time; someone wants to do something with an application that someone else doesn't accept. It is a problem that OS people strive to avoid where possible because there is less value in a proliferation of vaguely similar but slightly differentiated software. But if it happens, it happens and people go forward. It hasn't greatly damaged the OS model, and it hasn't greatly damaged any other form of code that forks either.

At some point in the past a fork in the DNA code lead to hominids and other primates, many of those code forks survive together, a later fork lead to Homo Sapiens and Neanderthalers. One fork survived and the other died, we have no way of predicting which one is right until far too late. We have now had a fork in the cultural code, one fork holds that locking its memes away and withdrawing them from the meme pool will preserve their concept of creativity and innovation, the other fork believes otherwise. The results of this forking will play themselves out, but the existence of the fork will not affect one iota the amount of creativity or innovation in the world.

One of the attractive, but distorting slogans of the Internet has been "Information Wants to Be Free" as in speech and as in beer. But Information doesn't "want to be free" any more than water "wants to go to the beach". The water simply flows in the channels of least resistance, and in the process brings enormous advantages to the surrounding landscape. Read more... )

Since the corporate world discovered the Internet it has been trying desperately to lock it away in a place where the business model of scarcity and control can continue to divert large amounts of money into its pockets.
I have been saying for 5 years now that the web is only a transitional phase in the development of the internet; I have had no idea what might follow, but I knew for certain that we had not reached the pinnacle with online gaming, porn and "paying for content".

Read more... )
[To be continued]

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Date:2003-01-20 21:05
Subject:Music Industry Has no Shame
Security:Public

In this story in the Guardian, appears this quote

Crispin Evans, senior legal officer of the main publishers' organisation, the International Confederation of Music Publishers, said yesterday at the launch of the campaign at the Midem music market in Cannes, that in Britain you could buy a biography of Beethoven or his sheet music without having to pay VAT, but to listen to it, you would pay an extra 17.5% in tax.

So to make things "fair" the tax should come off the CD. Raising the question of why, when people who buy almost everything else are forced to contribute to the tax base, something as optional as commercially pre-recorded music should be exempt.

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Date:2003-01-20 21:51
Subject:Lord Mayor Of London Tries to Find a Tipping Point
Security:Public

The guardian has a good column from Jackie Ashley on Mayor Ken Livingstone's attempt to halt the march of the motor vehicle before it chokes his city completely. Starting in February London will start congestion charging, with fees, prosecutions and confiscations for scofflaws.

If nothing else we'll get to see whether the "great man" theory of history and some determined, if politically dangerous leadership can stand in the way of unthinking and unsustainable behaviour before it kills us all. Expect massive anti-publicity from the vested interests in the motor industry and all those who believe that government has no place in any activity that has to do with money.

As predicted by the piece, all hell is breaking loose as public sector unions vow to strike rather than enforce the legislation. Interestingly, the process is being orchestrated by Class Law which helped Railtrack holders force the Government into bailing out their failed investment in the rail monopoly. Class law? Or Class war? The issue remains, whether London will be more damaged by a congestion charge, orsimply waiting in despair till the system grinds to a halt. Maybe they could learn something from cities like Bogota, a city of 7 million and therefore nearly as big as London, is heading steadily towards freedom from cars

And Just to show what happens if you can't get your legilative and social conscience act together, Milan Bans Private Vehicles To Fight Pollution. Rule number one, the environment is not fragile and does not need protecting, we are fragile and if the environment shifts too far from where it has been the last 2,000 years, it will not support us and we will die. That's a good enough reason to get sensible.

Someone trying to do that, and invoking the network is Jean-François Rischard, the author of High Noon: 20 global problems, 20 years to solve them, who talks to openDemocracy about his proposal for a new way of addressing the most intractable questions about the way the world is ruled. Frankly, if his solution is what is needed, and I would bet that it would work, the only problem we have to ocvercome is very powerful, unbelievable selfish and deeply stupid vested interests, so that'll be a snip then.

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Date:2003-01-20 21:59
Subject:Integrated Text-Based Communications Tool
Security:Public

What I'd really like is for someone to pull together under a single, integrated interface, all the text based communications tools that I use. I want something that gives me e-mail, IM [multiple sessions turning up as tabbed windows - Thanks Lisa Rein I think], blog, Syndirella and a standard text editor like word pad all tabbed on one screen and able to transfer content from one interface easily to the other, shipping a blog entry to an e-mail or linking from the blog to a news story or dumping some content from any source into the word pad and saving it as needed.

For more Lazy Web ideas, go here

Looks like HEP is well on the way, although it is a server based tool and I suspect I want something that runs on my system rather than having to route traffic via an extra server.

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Date:2003-01-20 22:28
Subject:The Network is Too damned Smart
Security:Public

Once upon a time, writing identical letter supporting or opposing a public position on any topic, putting it over different names and mailing a copy to every newspaper in the country might have been a clever move. But when half of those papers have a website, and publish the letter in full, and Google gets hold of it, you just look silly.

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