Corante

AUTHORS

Donna Wentworth
( Archive | Home | Technorati Profile)

Ernest Miller
( Archive | Home )

Elizabeth Rader
( Archive | Home )

Jason Schultz
( Archive | Home )

Wendy Seltzer
( Archive | Home | Technorati Profile )

Aaron Swartz
( Archive | Home )

Alan Wexelblat
( Archive | Home )

About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

What Does "Copyfight" Mean?

Copyfight, the Solo Years: April 2002-March 2004

COPYFIGHTERS
a Typical Joe
Academic Copyright
Jack Balkin
John Perry Barlow
Benlog
beSpacific
bIPlog
Blogaritaville
Blogbook IP
BoingBoing
David Bollier
James Boyle
Robert Boynton
Brad Ideas
Ren Bucholz
Cabalamat: Digital Rights
Cinema Minima
CoCo
Commons-blog
Consensus @ Lawyerpoint
Copyfighter's Musings
Copyfutures
Copyright Readings
Copyrighteous
CopyrightWatch Canada
Susan Crawford
Walt Crawford
Creative Commons
Cruelty to Analog
Culture Cat
Deep Links
Derivative Work
Detritus
Julian Dibbell
DigitalConsumer
Digital Copyright Canada
Displacement of Concepts
Downhill Battle
DTM:<|
Electrolite
Exploded Library
Bret Fausett
Edward Felten - Freedom to Tinker
Edward Felten - Dashlog
Frank Field
Seth Finkelstein
Brian Flemming
Frankston, Reed
Free Culture
Free Range Librarian
Michael Froomkin
Michael Geist
Michael Geist's BNA News
Dan Gillmor
Mike Godwin
Joe Gratz
GrepLaw
James Grimmelmann
GrokLaw
Groklaw News
Matt Haughey
Erik J. Heels
ICANNWatch.org
Illegal-art.org
Induce Act blog
Inter Alia
IP & Social Justice
IPac blog
IPTAblog
Joi Ito
Jon Johansen
JD Lasica
LawMeme.org
Legal Theory Blog
Lenz Blog
Larry Lessig
Jessica Litman
James Love
Alex Macgillivray
Madisonian Theory
Maison Bisson
Kevin Marks
Tim Marman
Matt Rolls a Hoover
miniLinks
Mary Minow
Declan McCullagh
Eben Moglen
Dan Moniz
Napsterization
Nerdlaw
NQB
Danny O'Brien
Open Access
Open Codex
John Palfrey
Chris Palmer
Promote the Progress
PK News
PVR Blog
Eric Raymond
Joseph Reagle
Recording Industry vs. the People
Lisa Rein
Thomas Roessler
Seth Schoen
Doc Searls
Seb's Open Research
Shifted Librarian
Doug Simpson
Slapnose
Slashdot.org
Stay Free! Daily
Sarah Stirland
Swarthmore Coalition
Tech Law Advisor
Technology Liberation Front
Teleread
Siva Vaidhyanathan
Vertical Hold
Kim Weatherall
Weblogg-ed
David Weinberger
Matthew Yglesias

LINKABLE + THINKABLE
AKMA
Timothy Armstrong
Bag and Baggage
Charles Bailey
Beltway Blogroll
Between Lawyers
Blawg Channel
bk
Chief Blogging Officer
Drew Clark
Chris Cohen
Crawlspace
Crooked Timber
Daily Whirl
Dead Parrots Society
Delaware Law Office
J. Bradford DeLong
Betsy Devine
Dispositive
Ben Edelman
EEJD
Ernie the Attorney
FedLawyerGuy
Foreword
How Appealing
Industry Standard
IP Democracy
IPnewsblog
IP Watch
Dennis Kennedy
Rick Klau
Wendy Koslow
Kuro5hin.org
Elizabeth L. Lawley
Jerry Lawson
Legal Reader
Likelihood of Confusion
Chris Locke
Derek Lowe
Misbehaving
MIT Tech Review
NewsGrist
OtherMag
Paper Chase
Frank Paynter
PHOSITA
Scott Rosenberg
Scrivener's Error
Jeneane Sessum
Silent Lucidity
Smart Mobs
Trademark Blog
Eugene Volokh
Kevin Werbach

ORGANIZATIONS
ARL
Berkman @ Harvard
CDT
Chilling Effects
CIS @ Stanford
CPSR
Copyright Reform
Creative Commons
DigitalConsumer.org
DFC
EFF
EPIC
FIPR
FCC
FEPP
FSF
Global Internet Proj.
ICANN
IETF
ILPF
Info Commons
IP Justice
ISP @ Yale
NY for Fair Use
Open Content
PFF
Public Knowledge
Shidler Center @ UW
Tech Center @ GMU
U. Maine Tech Law Center
US Copyright Office
US Dept. of Justice
US Patent Office
W3C


In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Copyfight

« RIAA bloodlust not satisfied with 12-year-old Brianna, sues 10-year-old downloader | Main | Grimmelmanniacs Rejoice »

November 15, 2004

On the Roots of Copyright Activism

Email This Entry

Posted by

As many of you already know, Siva Vaidhyanathan is one of the leaders of the current movement for balanced copyright, and his first book, Copyrights and Copywrongs, is among the handful of canonical texts for understanding what a number of us have been calling "the copyfight" -- not only what it is but why it matters.

The Nov. 19th edition of The Chronicle of Higher Education has a great new profile of Siva, exploring (among other things) why and when it began to matter to him:


Mr. Vaidhyanathan came to his academic career in copyright not through an interest in law but as a fan of hip-hop music. In college he loved how rappers used samples of recorded music to form the backbones of their songs, which brought new meaning to both the rap lyrics and the sampled, looped tune.

Despite poor grades, he slipped into graduate school -- also at Austin -- and took a course on American music. At the time, hip-hop was getting "bum rushed," he recalls. Established songwriters were threatening rappers with copyright lawsuits, effectively stripping a whole creative element out of the music.

"I decided I had to read everything I could on copyright," says Mr. Vaidhyanathan. "I went looking for a clearly written book for laypeople to read, and I found that there wasn't one. I thought I should probably write one."


What's intriguing to me about this is what it reveals about the people in this movement -- that what inspires many of us to become copyright activists is our admiration for the creative process. This is, of course, the opposite of what we hear from the "other side," which imagines/insists that people fighting for balance are a bunch of lazy freeloaders -- adherants to a morally suspect "Everything-For-Free" philosophy.

Yesterday, my Everything-For-Free colleague Seth Schoen, who is far more brilliant than he has any right to be, wrote an email to the Dave Farber IP list that is ostensibly about whether TiVo has betrayed its customers by selling out to copyright holders. What it's really about is the struggle to maintain creative freedom in the face of companies or organizations that would dearly love to own (control) the process. My friend and former boss, Harvard law professor Jonathan Zittrain, says watching TiVo is like "mainlining" television -- and for the copyright cartel, that's plenty good enough. It has decided it's It's time to stick a fork in the PVR and move on. Seth begs to differ:


I would not get so worked up about any one action that TiVo takes. We know their strategy, and it involves co-operating with movie studios to impose restrictions on end users. The reasons why they do this are not mysterious. If you want to criticize TiVo -- and that's fine with me! -- the right place to start is much earlier in the company's history.

But if you actually want to opt out of the DRM game, it seems to me that the thing to do is to spread the remaining unrestricted technologies as far and wide as possible while they're still legal.

People who got excited about "convergence" last decade often didn't mention DRM (and sometimes weren't even aware of it).

[...]

In terms of end user control, there is an opportunity for [Consumer Electronics] devices to converge up (enhancing customers' control) and a risk of PC devices converging down (eroding it). I think the world the entertainment companies have built is providing exactly the wrong incentive at every point as this question is worked out.


These are not the words of a freeloader. They are the words of someone who plans to spend his Friday evenings after work patiently guiding a group of volunteers in developing new recipes for something far better than mainline TV: technologies that allow us to continue to create as well as to consume.

There's a lot more to say about this, but alas -- the day calls. Do check out the Siva profile and Seth's IP list email in full. Both are rich in food for thought.

Comments (3) + TrackBacks (0) | Category: Interesting People


COMMENTS

1. Dr. wex on November 15, 2004 4:57 PM writes...

I appreciate the trackback ping, but I don't think I was trying to say "stick a fork" in the PVR. Heck, I haven't even bought one myself (yet) in part because I don't think I need to be mainlining television.

I view the Copyright Wars (or copyfight, if you prefer) as a long-term battle. I think it's a battle we have a fair chance to win. However, we don't win it by buying into the enemy's doctrine, which is what I was complaining about.

Permalink to Comment

2. Donna Wentworth on November 15, 2004 5:12 PM writes...

Sorry about that -- I was reading your post and meant to include a link, but not at that point in the text (now removed). What I meant to convey is that the copyright cartel is advocating sticking a fork in PVRs -- that is, it wants to decide unilaterally when it's "done" for everyone, stopping innovation in its tracks.

Permalink to Comment

3. joe on November 16, 2004 5:58 PM writes...

If you've ever wondered how to pronounce Siva's last name: mp3 clip of "Vaidhyanathan".

Permalink to Comment


EMAIL THIS ENTRY TO A FRIEND

Email this entry to:

Your email address:

Message (optional):




RELATED ENTRIES
Subscription Services for Books
Lest You Had Any Doubts, the ALA is on the Right Side Again
Deadly Effects of Unaffordable Medicines (TPP)
Planet Money on the Case Against Patents
FMC + Musicians vs FCC on Net Neutrality
Be the Potato Salad
These Businesses and Corporations are Not Your Friends
Aereo Loses