The University of British Columbia
UBC - A Place of Mind
The University of British Columbia
Peter A. Allard School of LawLegal Constraints on (Digital) Creativity
  • Home
  • Thoughts
  • News of the Week
  • Class Presentations
  • Course Outline
  • Knowledge Themes
  • Resources
    • Media
    • Jon’s Talks
  • About
    • Thanks
    • Community/Participate
    • Jon’s Bio

Impact of twitter’s “mass shaming” problem

By liris on February 13, 2015

This article does a great job of showing the real-life impact of online harassment in the context of “naming and shaming” people on Twitter (it focuses on people who have said unintentionally offensive or stupid things which went viral and usually resulted in them losing their jobs, etc.). It gives some interesting insight into the point of view of the “shamers” who engage in this type of online bullying, and in particular the extent to which they de-humanize their victims and fail to really consider the impact of their actions. One such person is quoted as saying he’s sure the victim is fine and has moved on, while we learn that she has in fact lost her job, suffered PTSD and severe anxiety, and become essentially a recluse in her own home.

Interestingly, the author also draws parallels to the public shaming practices in vogue in the 18th and 19th centuries, their decline, and their re-emergence on modern social media platforms.

http://www.nytimes.com/2015/02/15/magazine/how-one-stupid-tweet-ruined-justine-saccos-life.html?_r=2

Read More | 1 Comment

A possible solution to toxic internet comments

By aminglum on February 11, 2015

Also on point to today’s online harassment discussion, Tablet Magazine is apparently trying to combat offensive comments by imposing a nominal fee to post comments to its articles.

http://www.theverge.com/tldr/2015/2/9/8007483/tablet-magazine-comments

Logistically, I doubt this would work in the context of real-time gaming but it’s an interesting approach that essentially regulates “free” speech by not making it “free”. It also reminded me of how the same speech in different forums can take on very different connotations. A racist comment, while still offensive, flippantly made in online communications during gameplay would be felt far more acutely in the comments section of a Jewish cultural publication. With this in mind, perhaps this type of regulation would be more effective in a gaming context where comments are made more for the sake of being offensive than for expressing a gamer’s genuine racist or misogynistic beliefs?

I’m rather surprised that the Editors of the magazine were willing to implement this “comment tax”. It will be interesting to see if there is a significant freezing effect and if there is any change in the relative proportion of offensive comments compared to non-offensive comments.

Read More | No Comments

Combating online harassment

By Yue Fei on February 10, 2015

Came across with this piece relevant to our discussion on online harassment today:

http://mybroadband.co.za/news/internet/116590-online-harassment-is-a-serious-problem.html

Based on this article, it seems that government intervention may not be a good solution to this problem. The author states that many states (in the US) already have laws that apply to some forms of online harassment, however enforcement is usually ineffective. Without a clear understanding of the digital world, strong regulations likely will violate people’s privacy and the principle of free speech. Better ways to combat online harassment may not involve the government, ex.:

(1) encouraging people to speak out against harassment (this probably requires stronger protection of online anonymity), &

(2) providing tools to empower users to act for themselves (requires companies that offer the social platforms to create these features).

Read More | No Comments

Online harassment and “digital rape”

By liris on February 10, 2015

I came across this article which was cited in one of our assigned readings earlier in the course and found it really interesting.

http://www.juliandibbell.com/articles/a-rape-in-cyberspace/

It’s pretty relevant to what we talked about in class today so I thought I would share it. Basically, the author describes an early version of online trolling/harassment in which a player committed “virtual rape” on a number of characters in a text-based online multiplayer game. It’s a bit hard to describe exactly how this worked in the context of the game so I’d highly recommend reading the article which does a great job of explaining it.

This article really highlights some of the issues we discussed today (and relates strongly to the Second Life reading assigned). It raises and discusses questions surrounding what type of response, if any, is appropriate to take against online harassment/sexual harassment (and whether this action should be taken by players, admins, or both); whether the behaviour of “trolls” or harassers can be modified or changed by community response; how online harassment impacts its victims and its universe/game world (some great quotes from the victims themselves in the article); and the ultimate futility of repercussions such as “banning” in the online environment where perpetrators can simply create a new account and continue their trolling behaviour.

Read More | No Comments

Keurig’s attempt to “DRM” their new coffee maker

By liris on February 10, 2015

Here is a link to the article mentioned in class today about Keurig’s attempt to “DRM” their new coffee machine and the general public dissatisfaction with this approach.

http://www.theverge.com/2015/2/5/7986327/keurigs-attempt-to-drm-its-coffee-cups-totally-backfired

Something I noticed upon re-reading the article is that they are actually being sued by some competitors for anti-trust violations after releasing this new machine (http://www.usatoday.com/story/news/nation/2014/04/22/lawsuits-claim-k-cup-maker-violates-antitrust-laws/8028197/). That seems like an interesting approach since, as we discussed in class, there doesn’t seem to be any other ‘remedy’ available to prevent this type of behaviour – what is essentially an attempt to expand of patent protection through the use of (D)RM technology.

Alternatively, I wonder if the market will sort this out on its own in the end, since if they frustrate enough consumers and lose enough market share they may realize that this approach isn’t going to work and go back to the old “open” system.

Read More | No Comments

Results of Paper Airplane Study

By Alex B on February 10, 2015

Class presentation from last week, including results of our in-class exercise. For those of you who missed it, this was the class we made paper airplanes.

Empirical Exercise in Philosophical Underpinning of IP

Read More | No Comments

This American Life – Online Trolling as a Limit on Expression

By Alex B on February 10, 2015

Interesting piece referred to in class today, about a blogger and how she was impacted by online trolls.

http://www.thisamericanlife.org/radio-archives/episode/545/if-you-dont-have-anything-nice-to-say-say-it-in-all-caps?act=1#play

Read More | 1 Comment

DailyDirt: Paper Airplanes For Fun And Profit | Techdirt

By Jon Festinger on February 9, 2015

image1

After last weeks festivities it’s a bit hard to ignore this piece from techdirt: DailyDirt: Paper Airplanes For Fun And Profit | Techdirt.

jon

Read More | No Comments

News of the Week Top 5; February 4, 2015

By Jon Festinger on February 9, 2015

1. Why Does Facebook Censor Gay Images?: Photographer Michael Stokes, among others, says his work is regularly censored by Facebook even when the images clearly don’t break the rules. Who makes these decisions?

Screen Shot 2015-02-09 at 1.18.32 PM

2. When Musicians Unintentionally Steal: Sam Smith’s hit single sounds an awful lot like a Tom Petty song, but that doesn’t make him some kind of artistic hack.

Screen Shot 2015-02-09 at 1.17.44 PM

3. Gag order prevented Google from disclosing WikiLeaks probe for 3 years: Search giant says its policy always contests secrecy orders tacked to data requests.

Screen Shot 2015-02-09 at 1.22.02 PM

4. “No Fast Lanes and Slow Lanes”: CRTC Rules Bell’s Mobile TV Service Violates Telecommunications Act (Michael Geist)

Screen Shot 2015-02-09 at 1.25.31 PM

5. The NFL wants you to think these things are illegal: Yes, you can record Sunday’s game. And you can talk about it.

Screen Shot 2015-02-09 at 1.27.11 PM

jon

Read More | No Comments

Feb. 10 Class Presentation

By Michael Jud on February 9, 2015

For my presentation on Tuesday we are going to be looking at some of the ways in which online harassment impacts digital creativity. In terms of readings I would very highly recommend The Development and Failure of Social Norms in Second Life, published by Phillip Stoup in the Duke Law Journal. For anyone feeling particularly keen I would also suggest taking a quick look at Bragg v. Linden Research, 487 F. Supp. 2d 593. Reading Bragg isn’t totally necessary, but I will be making reference to it and (in my opinion) it’s quite interesting.

Read More | No Comments

  • Previous
  • 1
  • …
  • 7
  • 8
  • 9
  • …
  • 13
  • Next

UBC Open Badges More information about UBC Open Badges can be found at http://badges.open.ubc.ca/

Subscribe2


 

Check out the UBC Video Game Law Course
LEGAL CONSTRAINTS ON (DIGITAL) CREATIVITY: The Course
This is the website for the course "Legal Constraints on Digital Creativity" being offered at the Allard School of Law, UBC. Among the purposes of this website is near real-time engagement with and about course materials. As well as to solicit additional comments, reactions and thoughts from students as well as academic and creative colleagues regarding the content, pedagogy and delivery of the course. The course is a cousin to Video Game Law which has recently completed its 8th academic year. That course examines how legal constructs apply to a particular advanced form of interactive media. This course is not fixed on any one digital form. It asks how law is altering, circumscribing and entwining our creative instincts and powers. The course description reads: This course examines the implications to the human creative process engendered by law and legalities. The invention of digital worlds has resulted in changes and advancements that could scarcely be imagined, with much more still to come. As significant as was the coming of the Internet, the development of software languages, and the growth of social media, they are only part of the story. Among the most profound changes is a fundamental shift in our conception and understanding of what “creativity” means and how it manifests. With today’s tools it is clearer than ever that everyone is a content creator. It is particularly in this light of the democratization of creativity that this course seeks to understand the content realms. Today many legal perspectives are rights based. Rather than another dialectic on rights, we will catalogue and debate the myriad ways creativity is in fact restrained, shaped, and altered even while “freedom of speech/expression” is acknowledged. Above all we will seek to specifically identify the roles of law & regulation in this process. In so doing we will deepen our understanding of censorship, its conventions and guises. We will travel with the creator on the journey their content traverses. In particular we will focus on how intended and received meanings are altered as a consequence of the constraints we identify. We will in every class proceed from the inside out, from the creation of an idea through stages of gestation, fixation, distribution, communication, reception, comprehension, interpretation, and understanding. Our classes will examine different levels of creative constraint, as well as cataloguing their consequences to creators, the creative process, and democracy itself. We will, employing various methods, survey the following layers of control, moving from purely private to state sponsored: a. Creative Models & Community Constraints (extra-legal) b. Technological & Structural Constraints c. Copyright, Remixing & Modding d. Trademarks, Patents & the IP Business (including "IP trolling”) e. Contractual Constraints (EULA’s, ToS’ and the “Post IP World”) f. Privacy, Defamation, & Personality Rights  g. Industry & Medium Regulation in a Digital Age (net neutrality, neg regulation & the future of “Broadcasting”) h. Consumer Protection (“Big Data” as well as psychological manipulations or “brain-gaming”) i. Criminal/Obscenity/Taxation/Currency/Gambling Law & Regulation j. Internet Governance & Surveillance (and the meanings of “Hacking”) On the site you will find sections for the Syllabus and for the materials. Both are, of necessity in this fast moving digital world, always works in progress. jon


Tweets by @jonfestinger
#ubclcc Tweets


Creative Commons License

CONSTRAINTS RELATED TO THIS WEBSITE

You agree that the comments you contribute to this website may find their way into the course, other iterations of the course, other courses, lectures, books, or anywhere at all, without any acknowledgment or obligation to you. That said, you are legally responsible for your comments you make to this site under all applicable laws. This site is not intended and must not be used as a source of legal advice. Please see the Terms of Use referenced at the bottom of the page for additional constraints. As well you will find a version of these words on the submission forms (unless you are a student in the course, in which case you will have full authorship privileges).  And no, the irony of this disclaimer having regard to the subject matter of this website and the course to which it relates, is not lost on the writer.

Your ideas are greatly appreciated.

Peter A. Allard School of Law, University of British Columbia
1822 East Mall
Vancouver, BC Canada V6T 1Z1
Tel 604 822 3151
Fax 604 822 8108
Website allard.ubc.ca
Back to top
The University of British Columbia
  • Emergency Procedures |
  • Terms of Use |
  • Copyright |
  • Accessibility