| December 2006 Archives |
(previous | next) |
| |
| 12.29.2006 |
 |
|
|
|
|
Plane rides are for reading, so on my way to MT, I re-read the excellent artilcle by Prof. Mark Schultz and David Walker, HOW INTELLECTUAL PROPERTY BECAME CONTROVERSIAL: NGOS AND THE NEW INTERNATIONAL IP AGENDA.
The piece discusses what it calls "The New International IP Agenda" and its proponents, which have:
brought new controversy into international IP policy discussions. This broad agenda, united by a thread of skepticism regarding intellectual property and a common network of NGOs and activists, has been asserted in many different contexts. Discussions and negotiations regarding a wide variety of topics, including international development, pharmaceuticals, software patents, the digital divide, and cultural policy, now include contentious debates regarding the morality and efficacy of intellectual property rights. No one would deny that properly defining and delimiting intellectual property rights is devilishly difficult, but I don't think that is really the focus of the proponents of this new agenda, who are, basically, opposed to intelletual property. They do not want to solve the problems; they want to use the problems as a lever to undermine the basic institution of IP rights.
To a large degree, this attack uses the language of "human rights" -- the people of the world have a right to medicine, or knowledge, or whatever, and therefore anything that inhibits access RIGHT NOW, even in the interests of long run development, is immoral.
But what a crabbed view of human rights this represents. The peoples of the world have a right to be dependent, and to be doled out whatever goods and services the do-gooders and planners of the developed world decide they deserve, this year. (It may change next year.)
Those of us who are pro-property rights have a rather different view of human rights. We think everyone has a right to be a proud and producing member of the global economy, with an opportunity to reap the rewards of his/her actions and to decide for his/her self what goods and services he/she deserves in exchange. This seems not to be something the proponents of the new IP agenda want -- for whatever dark psychological reason.
But I will take our vision over theirs, any day, and under any criteria you want to apply, practical or ethical.
posted by James DeLong @ 12:34 PM | Big Tent , Free Culture Movement , International , Physical Property , Telecom
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| |
|
| Another Demotion For Social Production's Hype |
|
|
|
Professor Siva Vaidhyanathan from NYU has an excellent article on MSNBC that calls out the shortcomings of over-valuing social production in reference to the recent Time Magazine article that gave "You" the Person of the Year award. Well, thank you, Time, for hyping me, overvaluing me, using me to sell my image back to me, profiling me, flattering me, and failing to pay me…Time framed the Person of the Year as "you." That should sound familiar. Almost every major marketing campaign these days is about empowering "you." .."You" have freedom of choice... "You" could customize "your" mobile phone... After all, "you" are an "Army of One."..
But to quote the Who, "Who are You?" Are you the sum of your consumer preferences and MySpace personae? What is your contribution worth? It’s worth money to someone, if only as part of a whole. ..Google, for instance, only makes money because it harvests, copies, aggregates, and ranks billions of Web contributions by millions of authors who unknowingly grant Google the right to capitalize, or "free ride," on their work. Who are you to Google? To Amazon? Do "you" really deserve an award for allowing yourself to be rendered so flatly and cravenly? Do you deserve an award because media mogul Rupert Murdoch can make money capturing your creativity via his new toy, MySpace?...
...Time ...describes this "Web 2.0" phenomenon as a "revolution." Let’s be very careful about that term. First of all, a real revolution would be a radical rupture in the flow of history... what we now call "user-generated content" has always been a major part of the American media... ..Take a look at a copy from 1910 of the (New York) Daily Forward... and you will find a major portion of it devoted to letters from its community of readers. People wrote in asking for advice. Others responded with advice. The Forward... made itself essential by facilitating public deliberation and giving voice to the voiceless…
And ever since the rise of radio producers realized the value of the "real," the authentic, and the common. Audiences love to hear or see people whom are no more talented or important than they are. It’s comforting to know that with a little luck someone might care what I think… It’s part of a slippery slope between true democratic culture and crass commercial culture. Because we all matter equally in the polis we pretend we all might matter equally in the public square. Granting that illusory wish can be very profitable…
We do ourselves a major disservice when we exaggerate the revolutionary power of ourselves as individuals. Narcissism may be good marketing. But it’s not good for humanity. I could not have said it better. Perhaps I could have started an entry on Wikipedia on the limitations of social production…
posted by Noel Le @ 8:04 AM | Free Culture Movement
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.28.2006 |
|
| Social Production's Speed Limit- Itself |
|
|
|
Nick Carr recently commented on the prominence of social production in today’s digital media markets. Carr asks whether lowered economic barriers to producing, distributing and packaging digital media is preferable to traditional sources of creativity. As usual, Carr’s showcases his power of insight, by arguing that with the widespread proliferation of social production, valuable cuture may be lost in the pile rather than more accessible to society. It's often assumed that once you loosen big companies' chokehold over popular media, you'll make it easier for good work to find an audience… it's not so simple. The good stuff may get more lost than ever in the widening (expletive)stream. Citing another social observer’s comment that some social production is “proudly dorky” and in many ways not preferable to traditional media outlets, Carr refers to the “non-monetary” economy as one out of tune with the economic barriers and filters of supply/demand. Individuals who upload media to YouTube or MySpace are not amenable to traditional supply/demand economics and thus are not likely motivated to enrich culture.It would be a mistake to think the motivations of the artist and the craftsman can be reduced to a set of signals from the marketplace. But it would also be a mistake to think those motivations exist outside the influence of those signals. Even in the sphere of culture, demand drives supply. Out of ideology, social production proponents may want to remove all barriers to entry and production, oppose means of incumbency leveraged by "big media" and have a heightened sense of accomplishment clothed in “revolutionary” terms. While not all valuations of social production show a tendancy to be too easily impressed (social production *is important and valuable* at times), however, if somebody thinks they are the next creative genius, or symbolize cultural greatness, then fine. Just don’t ask for regulatory changes such as eliminating fair use criteria or repealing the DMCA when it’s the limitations of social production that hold it back.
posted by Noel Le @ 3:50 PM | Free Culture Movement
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.27.2006 |
|
|
|
|
|
A group of private equity firms had founded the Private Equity Council to serve as:
a leading advocate for the domestic and international private equity industry as well as a resource for those seeking to better understand the industry’s role in the rapidly evolving global economy. To that end, the Council will launch research, public affairs and government outreach initiatives to explain the multiple contributions private equity makes – to investors, to companies and their employees, to the economic well-being of communities and to public employee pension funds. I suppose it would be rude for the PEC to point out to Congress and the SEC that government's populist meddling with financial markets in the form of SOX, antiquated accounting standards, class action lawsuits, compensation restrictions, and other nostrums is making it increasingly expensive and risky to operate a public company. Hence capital is fleeing the public markets for the haven of private funds.
It would make little sense to respond to this problem by extending the scope of bad regulations, and thus render private U.S. equity markets as sclerotic as public ones are becoming. That would only send the smart money fleeing again, this time overseas, to London, Hong Kong, and Singapore.
posted by James DeLong @ 2:29 PM | Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
| Holiday Greetings from Kelo |
|
|
|
A holiday card from Susette Kelo of eminent domain fame sent to various people involved in her case.
posted by Amy Smorodin @ 2:24 PM | Physical Property
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
| Second Life Property Rights |
|
|
|
The WaPo cogitates on the disputes over property rights that are roiling the world of Second Life. Most amusing reference:
Earlier this month, U.S. Circuit Judge Richard A. Posner visited Second Life, appearing as a balding, bespectacled cartoon rendering of himself, and addressed a crowd of other animated characters on a range of legal issues, including property rights in virtual reality. Posner stressed that it was in Linden Lab's interest to ensure due process and other rights.
"They want people to invest in Second Life, and we know people won't invest if their rights are not reasonably secure," he told the audience, which included a giant chipmunk and several supermodels. He went on to predict the eventual emergence of an "international law of virtual worlds" similar to international maritime law. Thanks to Marginal Revolution.
posted by James DeLong @ 10:18 AM | Internet: P2P, Search Engines...
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| |
|
| Pretty Bubbles in the Air |
|
|
|
WSJ Online debates: "Is 'Web 2.0' Another Bubble?"
posted by James DeLong @ 9:13 AM | Internet: P2P, Search Engines...
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.22.2006 |
|
| Errors, Omissions and Short Book Reviews |
|
|
|
Getting ready for the holidays, I thought I’d search around for some light reading. I was pleasanty surprised to learn that copyright champion, Professor Paul Goldstein at Stanford, has released a fiction novel: Errors and Omissions.
Going to Dennis Crouch’s website, I find that Goldstein’s colleague, Professor Mark Lemley has written a review of Errors and Omissions.
What is this?! A 100 word book review that tells us almost nothing?! A legal thriller about copyright law? And not even about trial, but about rights clearance in order to get errors and omissions insurance? Not likely. But my colleague Paul Goldstein's new novel, "Errors and Omissions," grabs your attention from the first page and never lets it go. He manages to work murder, chases, love, McCarthyism, the Hollywood blacklist, and a trip to Europe into the otherwise mundane life of a down-on-his-luck copyright lawyer. Along the way, he keeps us entertained with a quick and enjoyable read.
I am reliably informed that Paul's next novel will be a thriller about patent law, featuring a Markman hearing. Talk about raising the bar . . Years ago, when I began my career as a legal assistant inside a corporate legal department, I was asked to print out some IP law reviews for policy folks to look over. One of those articles was by Lemley. I thought to myself: “hmm, looks interesting." Thereafter I’ve read almost all the writings by this enormously talented scholar. Lemley has definitely shaped my understanding of technology policy.
But of all the lengthy law reviews from Lemley I've charged through, why does he only write a 100 word review of Goldstein’s book?!
Strangely, looking at Lemley’s comments on Errors and Omissions, I find myself intrigued due to Lemley's vagueness. I'm more inclined to get the book. It appears mysterious and alluring now that I'm aware of it, yet know little about it.
If this is a ploy by the Stanford professors to sell Errors and Omissions, then fine. However, I’m not reading any more of Lemley’s 100 page law reviews now that I know his talent with brevity…
posted by Noel Le @ 3:05 PM | Academia
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
The Standard continues its story of Hong Kong and IP protection. (Part I is here.)
posted by James DeLong @ 8:59 AM | International
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
| A General Theory of Things Regulatory (Hedge Fund Division) |
|
|
|
Cafe Hayek examines proposed regulation of hedge funds, applying a mode of analysis that they won't teach you at the Kennedy School:
Suppose you want to figure out why a particular regulation passes and the way that it's written. Imagine the Legislature putting that regulation up for auction. Suppose people could bid on the terms of the regulation and the outcome went to the highest bidder.
Pretty crass, isn't it? But what a useful way to organize your thinking about the political process. There isn't a literal auction. But what the example does is focus your mind on two questions:
Who has the incentive to show up and be heard? Who is going to make the most noise? The answer is mutual funds and bank asset managers, which charge a lot for little in the way of service (and much of that little, poor). Of course, the hedge funds themselves are split, since the big ones know well that high compliance costs will help keep out smaller competitors.
posted by James DeLong @ 8:15 AM | Accounting
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.21.2006 |
|
|
|
|
|
posted by Noel Le @ 4:30 PM | International
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 1:00 PM | DRM & Watermarks, etc.
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 10:20 AM | International
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 9:20 AM | DRM & Watermarks, etc.
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 9:03 AM | Comments from Readers
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.20.2006 |
|
|
|
|
|
posted by Solveig Singleton @ 1:22 PM | DRM & Watermarks, etc. , Tax-Funded IP
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 9:23 AM | General
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 8:30 AM | International
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 8:13 AM | Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 8:00 AM | Telecom
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (3)
|
| |
| 12.19.2006 |
|
|
|
|
|
posted by James DeLong @ 3:55 PM | Software
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 3:22 PM | Telecom
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 2:31 PM | Internet: P2P, Search Engines...
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 11:58 AM | Legislation and Legislators
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 7:42 AM | DRM & Watermarks, etc.
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.18.2006 |
|
|
|
|
|
posted by Patrick Ross @ 11:20 AM |
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.16.2006 |
|
|
|
|
|
posted by James DeLong @ 11:15 AM | Markets: Business, Investment & Innovation , Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Noel Le @ 8:05 AM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.15.2006 |
|
|
|
|
|
posted by James DeLong @ 2:10 PM | Patents , Software
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 11:13 AM | Access: Commons, Fair Use, Orphan Works, Public Domain
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (2)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 8:53 AM | Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Noel Le @ 8:13 AM | Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Noel Le @ 7:15 AM | Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.14.2006 |
|
|
|
|
|
posted by James DeLong @ 4:10 PM | General
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 2:31 PM | Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 12:12 PM | Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 12:07 PM | Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Noel Le @ 8:00 AM | Academia , Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.13.2006 |
|
|
|
|
|
posted by Solveig Singleton @ 3:04 PM | Patents , Software
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (2)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 12:50 PM | Internet: P2P, Search Engines...
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 10:48 AM | Internet: P2P, Search Engines...
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 10:19 AM | Software
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Patrick Ross @ 9:39 AM | Markets: Business, Investment & Innovation , Prices, Terms, and Licensing
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12.12.2006 |
|
|
|
|
|
posted by Patrick Ross @ 9:56 AM | Legislation and Legislators
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Noel Le @ 7:30 AM | Free Culture Movement , Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| 12.11.2006 |
|
|
|
|
|
posted by Patrick Ross @ 11:51 AM | Enforcement & Remedies , Legislation and Legislators
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 11:51 AM | Pharma
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 11:39 AM | Big Tent , Physical Property
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12. 8.2006 |
|
|
|
|
|
posted by Noel Le @ 8:11 AM | DRM & Watermarks, etc.
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (2)
|
| |
| 12. 7.2006 |
|
|
|
|
|
posted by Solveig Singleton @ 10:46 AM | Access: Commons, Fair Use, Orphan Works, Public Domain
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 10:30 AM | DRM & Watermarks, etc.
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Noel Le @ 8:17 AM | Academia , International , Markets: Business, Investment & Innovation , Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| 12. 6.2006 |
|
|
|
|
|
posted by Patrick Ross @ 11:25 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , International
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Patrick Ross @ 11:15 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , Books , Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (9)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 10:09 AM | Big Tent
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12. 4.2006 |
|
|
|
|
|
posted by Patrick Ross @ 5:21 PM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Patrick Ross @ 10:55 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , International , Internet: P2P, Search Engines... , Legislation and Legislators , Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 10:40 AM | Pharma
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 10:25 AM | Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (1)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 9:03 AM | Free Culture Movement , Patents , Software
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 8:40 AM | Free Culture Movement , Patents , Software
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Noel Le @ 8:00 AM | Patents
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| 12. 1.2006 |
|
|
|
|
|
posted by James DeLong @ 3:34 PM | Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Patrick Ross @ 11:54 AM | General
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by James DeLong @ 7:39 AM | Internet: P2P, Search Engines...
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
| |
|
|
|
|
|
posted by Solveig Singleton @ 6:32 AM | Free Culture Movement , Markets: Business, Investment & Innovation
Link to this Entry |
Printer-Friendly |
Email a Comment |
| Post a Comment (0)
|
| |
