On the occasion of the Pirate Party’s first UK address

In The City

Opening Comments for the In The City P2P Panel, Manchester, on Sunday 18 October:

Although Rik [Falkvinge]’s in front of us in flesh and blood, he wouldn’t exist – the Pirate Party wouldn’t exist – without enforcement policies being the primary goal of the music business. The programme bills this as “two sides of a debate”, but as a journalist I get incredibly suspicious when I hear there are just two sides, because usually there are two, three or four more we don’t hear about. Let’s put this into context.

The Pirate Party exists because of a political vacuum. Politicians don’t do politics anymore. Compare them to Lenin and Thatcher, for example, who had ambitious programmes of what society should look like, that cut across social, economic and personal ideas of their time. If you look at what a politician does now, it’s focus groups.

So into this political vacuum you’ll have lots of fringe, single issue groups. The Pirate Party is the first and most successful.

Now Rik specifically evoked some Enlightenment values in his presentation – [individual rights against the church and state]. But I see this as a very conservative and reactionary movement in two quite specific ways. First it’s a techno-utopian movement that’s all about replacing politics. It presents itself as a political party, but it isn’t in politics at all. Politics is about people sitting down and working something out, a consensus.

It’s also reactionary in another way.

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Kick me again, RIAA!

“ The anti-copyright gaggle has an insatiable need to feel victimized. Injustice burns deep, and is triggered by the merest hint that “The Man” might be tampering with one’s “bits”. Another example of technology utopians trying to bypass politics and claim victimhood – the Net Neutrality” campaign – shows very similar characteristics.” A while ago … Read more

The Tragedy of the Creative Commons

The Creative Commons initiative fulfilled a major ambition last week – but it’s taken only days for the dream to turn to crap.

Google granted the wish by integrating the ability to search images based on rights licences into Google Image Search. Yahoo! Image Search has had a separate image search facility for years, but Google integrated the feature into its main index.

The idea of making the licences machine-readable was a long-standing desire of the project, and lauded as a clever one. It was intended to automate the business of negotiating permissions for using material, so machine would instead negotiate with machine, in a kind of cybernetic utopia. Alas, it hasn’t quite worked out.

As Daryl Lang at professional photography website PDN writes, the search engine is now choked with copyright images that have been incorrectly labelled with Creative Commons licences. These include world-famous images by photographers including Bert Stern and Steve McCurry. As a result, the search feature is all but useless.

Since there’s no guarantee that the licence really allows you to use the photo as claimed, then the publisher (amateur or professional) must still perform the due diligence they had to anyway. So it’s safer (and quicker) not to use it at all.

What’s gone wrong, as Lang explains, is the old engineering principle of GIGO, or Garbage In, Garbage Out:

“The system relies on Internet users to properly identify the status of the images they publish, Unfortunately, many don’t… Many Flickr users still don’t understand the concept of a Creative Commons licence, or don’t care.

“It’s time consuming to put a different label on every image [in their collection], and there are no checks in place [our emphasis] to hold users accountable for unauthorized copying or incorrect licensing labels.”

So Google won’t take responsibility for the accuracy of the licensing metadata, and Creative Commons, as a small private internet quango, says it can’t afford to. (The disclaimer on the website is simple: go find yourself a lawyer.)

Just as we predicted, in fact: the filtering is less than perfect, and it’s a lip-service to creators. Now, why did it have to fail?

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RIP, Pirate Bay (Notes on an Exit Strategy)

“So The Pirate Bay has executed the Web 2.0 business plan to perfection: give someone else’s stuff away for free – then find a bigger idiot to buy the company.” It’s actually not so different from the potted history of every media company that rises to popularity on the back of a new medium – … Read more

The murky world of Mozilla and Google

When the Mozilla Foundation turns to the public for money, it happily assumes the mantle of a penniless public institution asking for charity. Over 10,000 FireFox fans drew deep into their own pockets to place an expensive two-page advertisement for the browser in the New York Times 15 months ago.

But the Mozilla Foundation’s commercial wing, Mozilla Corp., is awash with cash, its accounts reveal. It’s just that in the spirit of openness and full disclosure – it er, … doesn’t like to talk about it.

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After Grokster: why (almost) everything we’re told about P2P is wrong

Emerging Bicycle

Grokster! Is it the end of the world as we know it? No, it isn’t. But before we examine how the two lobbies, the technology lobby and the recording industry lobby, have let us down so badly, let’s pause for a moment to consider how the press has let us down this week, too.

The first rule of punditry is that you must never, ever let the facts get in the way of an argument. Especially if it’s an argument you’ve been rehearsing for days, weeks or even years.

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On Computers, Creativity and Copyright

“We’d run out of ironic things to say”
Neil Tennant

Creative Commons is an intriguing experiment to granulize the rights a creator has over his or her work, and to formalize what today is largely spontaneous and informal. What we rarely see when it is discussed, is a genuine attempt to answer the question “Why is it needed?”

For a very self-consciously idealistic “movement” this, absence of an explanation is surprising.

Behind the scheme is the recognition of a very real problem. The permission mechanisms by which rights holders grant or deny the reproduction of artistic works haven’t kept pace with technology. It’s now very easy to reproduce an image or a piece of music, but it remains just as easy, or difficult, to get the permission to use it. We now have an abundance of material available to us, they ask, so can’t we do more with it?

It’s a reasonable question, and Creative Commons is an attempt to answer it.

Let’s look closer at what it is.

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