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Copyright term extensions might be coming to Canada

By Kyle Thompson on February 4, 2015

This jumps off our discussions from last week. According to this post by Michael Geist, a law professor at the University of Ottawa and one of the foremost Canadian experts in this area, it looks as though Canada may be considering extending its copyright terms as part of its negotiations in the Trans-Pacific Partnership Treaty (TPP):

“If new reports out of Japan are correct, however, Canada may have caved to U.S. pressure to extend copyright term. The U.S. extended its term to life plus 70 years in 1998 in response to demands from the Disney Corporation (Mickey was headed to the public domain) and has since pressured other countries to match. NHK reports that a deal on copyright term has been reached within the TPP with countries agreeing to a life plus 70 term. Alongside Japan, Malaysia, New Zealand, and Vietnam (the TPP countries that adhere to the Berne standard), it appears that Canada has dropped its opposition to the change.”

Geist flags some interesting research by the EFF that suggests that on the whole, copyright term extensions cost consumers millions in extra royalties. My hunch is that these additional profits largely accrue to large multinational media conglomerates, since the author is, by definition, dead during those additional twenty years. This is, to my mind, textbook rent-seeking. What is rent-seeking, you may ask? I’m partial to the Economist’s definition: “cutting yourself a bigger slice of the cake without making the cake bigger.” Or, to mangle the metaphor, getting cake sent to you for an additional 20 years because of work done by a dead person at least 50 years ago.

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The Digital World Reviving Old News

By Ryan Vogt on February 4, 2015

Today in class, we briefly discussed how the BCTV footage of the 1994 Stanley Cup riots is available on YouTube, and how the digital age has a memory that seems to predate the (widespread) digital age.

There was an even more amazing example of that memory which came out just today. The handwritten notes of Dr. Alan Turing — the father of computing science and a great British codebreaker, who was tragically taken from us in 1954 — were found being used as insulation at Bletchley Park. Perhaps appropriately, given Dr. Turing’s amazingly creative contributions in life, those notes have been uploaded to the Internet for everyone to ponder.

Cheers!

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“We want privacy, but we can’t stop sharing”

By tbud on February 2, 2015

Here is a link to Lawrence Lessig’s video interview with Edward Snowden. It may become relevant to our discussions of privacy/lack of privacy and its potential chilling effects on digital creativity, expression, and even the process of gaining/accessing knowledge through the Internet as a medium.

A New York Times article entitled “We Want Privacy, But We Can’t Stop Sharing” also points out:

“So it’s not surprising that privacy research in both online and offline environments has shown that just the perception, let alone the reality, of being watched results in feelings of low self-esteem, depression and anxiety. Whether observed by a supervisor at work or Facebook friends, people are inclined to conform and demonstrate less individuality and creativity. Their performance of tasks suffers and they have elevated pulse rates and levels of stress hormones.

An analogy in the psychological literature is that privacy is like sleep. Just as being unconscious for a portion of the day is restorative, so is being unselfconscious. The arousal associated with being observed and the implicit judgment drain cognitive resources. We worry about how we are perceived, which inhibits our ability to explore our thoughts and feelings so we can develop as individuals.”

 

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Class 3 & 4 Slides; January 20 & 27, 2015

By Jon Festinger on February 1, 2015

Have done a remix of our last two sets of class slides to make them flow into the single set they were always intended to be  😉

jon

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News of the Week Top 5; January 28, 2015

By Jon Festinger on February 1, 2015

1. 4 Ways Copyright Law Actually Controls Your Whole Digital Life

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2. Canadian spy ops targeted global file-sharing services, drowned in Glee episodes: Canada’s version of the NSA targeted RapidShare, MegaUpload, and SendSpace.

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3. College Claims Copyright On 16th Century Michelangelo Sculpture, Blocks 3D Printing Files

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4. Zoë Keating vs YouTube: The End of an Artist’s Right to Choose Where Their Music Appears on The Internet.

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5. Can robots break the law? (Andres Guadamuz)

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jon

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The Super Bowl, and What is Legal

By Ryan Vogt on February 1, 2015

This article by Sherwin Siy is an amusing piece looking at the NFL’s copyright warnings, in light of “The Big Game” today.

You may not make comments on this post I’ve written without my explicit consent.

…which you can only get by giving me a cookie. And it better be oatmeal raisin (the best cookie), not that peanut-butter cookie nonsense.

Cheers!

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Feb. 3 Student Presentation Matierials

By Alex B on January 31, 2015

For the class presentation on Tuesday, we will be examining the philosophical underpinnings of IP law, and their relation to creativity and creation. The brief assigned reading below is a brief introduction to the 3 brief common philosophical justifications for IP. Did I mention the reading is brief. I will be referring to the other sources during my presentation, so I provided the links in case anyone wants them. Briefly.

Assigned Readings

  • http://plato.stanford.edu/entries/intellectual-property/
  • only read these sections
    • 1. History of Intellectual Property
    • 3. Justifications and Critiques
    • 3.1 Personality-Based Justifications of Intellectual Property
    • 3.2 The Utilitarian Incentives-Based Argument for Intellectual Property
    • 3.3 Lockean Justifications of Intellectual Property

Other Sources

  • US report on patent system efficiency: http://mises.org/sites/default/files/An%20Economic%20Review%20of%20the%20Patent%20System_Vol_3_3.pdf
  • Fox Film Corp. v. Doya https://supreme.justia.com/cases/federal/us/286/123/case.html#127
  • Kendall v. Winsor https://supreme.justia.com/cases/federal/us/62/322/case.html#327
  • Millar v. Taylor http://www.commonlii.org/uk/cases/EngR/1769/44.pdf

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Science Magazine on Mathematical Creativity

By Ryan Vogt on January 30, 2015

There was a great article published today in Science about mathematicians, where their funding comes from, and how it affects the research they do (and I’ll unabashedly say that I think mathematics is one of the most beautiful forms of creativity in the world 🙂 ).

This article also serves as an interesting follow-up to my earlier post about whether the government is helping or hurting cryptographers. It talks about the flawed DUAL_EC_DRBG PRNG that the NSA pressured NIST to approve as a standard (it was mind-blowingly slow, so thankfully it was never widely used, except by RSA; but this is a very ugly example of the “hurt” side of the flip-flop).

And there’s your acronym soup for the day — hopefully, it helps with the cold going around Allard Hall right now (as a substitute for chicken-noodle soup), heh.

Cheers!

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Sim City’s Simulacrum of Poverty

By Michael Jud on January 30, 2015

I was recently thinking over an article that appeared in News of the Week some time back, one dealing with the phenomenon of homelessness in the recently released video game Sim City. (In case anyone missed it, it’s available here.) As it turns out, many of the player-crafted cities within the game have been suffering from an intractable homelessness problem. The homeless clog the streets and parks, reducing property values and disturbing simulated citizens. The players’ online discussions about their attempts to come to grips with the digital homeless have apparently now been transcribed and turned into a book by a scholar named Matteo Bittanti.

As quoted in the article, Bittanti asks whether our inability to solve homeless in the real world fatally impairs our ability to solve it in a simulated context. Bittanti’s thought is apparently much in debt to French theorist Jean Baudrillard, who wrote, among other things, on the role of “simulacra” in the contemporary cultural context of the globalized world. For Baudrillard, Disneyland was a perfect example of a simulacrum whose artificiality and infantile quality are meant to point to a more sober “real”- the “real America” which is itself an ideological construct. The simulacrum thus gives rise to the reality of which it claims to be a simulation. Baudrillard refers to this phenomenon as the “precession of simulacra”. Bittanti apparently sees video games playing a similar role, reducing the capitalist culture of neo-liberalism to a caricature of the “real” in which we are immersed.

How does this relate to our class? I suppose this one could be filed under “Philosophical limits on creativity”. It’s a bit of a detour from legal concerns but it may be an interesting one. In video game law last semester we discussed the possibility of looking at video games through the lens of post-structuralist theory. Upon reflection it’s not too difficult to see how the concept of de-centering or the Derridean notion of “play” would readily relate to video games, and the potential legal implications seem considerable if challenging to describe in specifics. What I found interesting about the Sim City article is the suggestion that the range of creative freedom may be somehow influenced by the psychological tendency to create simulated worlds that reflect our concept of the “real” world and its cultural and ideological components. As Baudrillard might say, simulations of what we consider the real world serve both to give us a context we recognize as well as to reinforce the essential reality of the cultural and ideological context simulated. I cannot help but think of the recent Call of Duty title which, despite its pretensions to a certain kind of realism, nonetheless has the player “press X to pay respects” before a fallen comrade, a laughable and parodic gesture which interestingly just seems to reinforce the sober reality being simulated.

In the case of the new Sim City this might be what we are seeing in the video game cities plagued by chronic homelessness and other ills, and which offer only economistic solutions along the lines of “click to add more jobs”. In a more abstract sense, this may also be reflected in the surprising fact that such a huge preponderance of video games basically amount to “an abstract representation of the logic of capitalist production and efficiency”. (That line comes from the great talk linked at the bottom, also from video game law last semester and extremely worth listening to.)

Of course, many people would tend to dismiss Baudrillard’s thought as specious nonsense. But I think it offers an interesting perspective on creative media that involve simulation, such as video games. And just as some post-structuralist ideas have gradually begun to influence the larger culture (including legal culture), it’s difficult to predict how these things may influence our perception of creativity in the future.

[vimeo]http://vimeo.com/86738382[/vimeo]

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Online Monitoring

By Ryan Vogt on January 29, 2015

We’ve been hearing for a long time about NSA surveillance online. Turns out, our own CSE was at it as well. Not so much a constraint on online creativity, but certainly the monitoring of online creativity.

Cheers!

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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


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