Review: Remix – Making Art and Commerce Thrive in the Hybrid Economy

continues Professor Lessig’s discussion about the role of copyright in contemporary Western societies. This time he is focusing on how digital tools are used by children and adults alike to ‘remix’ pieces of culture. ‘Remixing’ involves taking images, music, speeches, and video (for example) and manipulating and arranging them to create entirely new cultural artifacts. You see this in homemade music videos, funny YouTube clips that use music to mock or praise politicians, and in blogs where people appropriate content from various locations to create the narrative of each posting. These amateur cultural artifacts are significant, both because they are creative expressions and because they leverage the weight of the symbols that are used in remixing to create the new cultural artifact. There is very real value in the referential elements of remix culture.

Lessig distinguishes between ‘Read Only’ (RO) and ‘Read Write’ (RW) cultures. RO culture has been the traditional realm of copyright – here intellectual property is carefully fenced off from the public commons, and individuals must ask permission to use it. RW culture, on the other hand, thrives off of sharing and creatively adapting (and re-adapting) media. Neither is necessarily better or worse than the other – they are each useful in particular domains. The problem, however, is that the laws governing RO culture are now preventing RW culture from legally thriving; digital technologies enable culture to be remixed, while the laws of the land outlaw creating remixed digital artifacts without first asking the permission of rights holders. Lessig associates the RO and RW ‘culture models’ with commercial and sharing economies, arguing that the advent of digital technologies and spaces can drive a wedge between commercial and sharing economies to create hybrid cultures and economies. He points to wikipedia, craigslist, YouTube, Slashdot, and last.fm as operating within a hybrid economy between RW and RO culture. This economy thrives off of individuals’ shared participation that can stimulate commercial profits. If a company upsets the balance that makes possible this hybridity – by paying people when payment would be an insult, or mishandling the sharing of people’s contributions – there is a risk that the financial success of a company that operates in the hybrid economy will be (financially) endangered.

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Comment: To RFID or not to RFID, that is the question

The Vancouver Sun has an article that was written by Phil Chicola, U.S. Consul General in Vancouver. Entitled “To RFID or not to RFID, that is the question,” it is yet another part of the ongoing propaganda war surrounding the embedding of RFID chips in regular consumer products. In the recently released Canadian Border Services Agency (CBSA) Privacy Impact Assessment of the Enhanced Drivers License (EDL) program, we find that,

An effective external communications strategy will be developed by the [Provinces and Territories] with the assistance of the CBSA to ensure that the Canadian public is made aware of the significant privacy safeguards that will be put in place and the constraints that will be imposed on any subsequent use of personal information, especially sharing with the U.S. in consideration of the U.S.A. Patriot Act (29).

What this has amounted to in Ontario has been a persistent insistence by government officials that because the Radio Identifier that EDLs emit is not tied to any *other* piece of government information (e.g. the RFID number is not generated from an association with your driver license number, birth certificate, etc.) that the identifier isn’t personal information. Thus, while you will be broadcasting a number from your drivers license to anyone with a reader, that isn’t ‘personal’. Let’s turn to the Vancouver Sun article, and see how it squares up with the Canadian propaganda, shall we?

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Comment: Virgin Takes Aim At BitTorrent

In the US, Comcast is presently using what is referred to as ‘protocol agnostic’ filtering‘ – effectively, if you use the full amount of bandwidth that you are paying for for more than a few minutes, they decrease your available bandwidth for a while. This was, in part, a reaction to their sending RST packets to BitTorrent users – these packets would ‘kill’ connections that individuals had with other P2P users, but were also catching some other programs in the crossfire. What’s more, they were using a technique referred to as ‘packet forging’, which is involves changing packets in-stream. After a substantial amount of public criticism and backlash, Comcast stopped using their DPI equipment for this purpose and instead shifted to using them for protocol agnostic filtering.

Let’s turn to Virgin, who is currently implementing protocol agnostic filtering, but there are rumblings that the way that they’ve deployed it may not be the best solution to combatting what is perceived as the real problem: BitTorrent traffic. From a DSLreports article:

[A] customer on Virgin’s 10Mbps/512kbps “L” tier loses 75% of his throughput for five hours should he download more than 1200MB between 4 and 9PM. (Source)

There are several issues with this kind of agnostic filtering.

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Privacy: Available on Facebook for a cost (kinda)

This comment isn’t likely to win me any privacy-friends, but…Facebook’s privacy settings are really pretty good. Yeah, I went there – no other social networking service (that is widely used) has such a granular group of privacy settings. Now, whether you want to say that the setting of these settings is a complicated process, or an onerous, one, or whatever is another issue entirely, and it’s not the issue I want to address right now.

Facebook has what are called ‘applications’, and these delightful little pieces of code let users play mini-games, bother their friends, put up listings of the books, movies, and models that they love at the moment, etc. In essence, they greatly increase “the social” in Facebook’s social networking garden (surely I can refer to “the social” and Facebook given the b0rg’s massive investment in Facebook). What people, such as myself, take issue with concerning these applications is that when my friend adds an application, the developer of the application tends to grab a bunch of my information along with my friend’s. I didn’t agree to have the application installed, and I have no say over whether or not it gets to take some of my information. The cost for my friend to install the application is one that I have to pay.

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Comment: Media Attention to Blackberries In Mumbai

I need to begin this post, in an unambiguous fashion: I absolutely do not support the terrorist attacks in Mumbai that claimed the lives of hundreds, and injured many more.

Now that that disclaimer is out of the way….

How stupid is the media to have swallowed the nonsense concerning Blackberries that Indian and American security groups are spewing!?! I’m speaking about the apparent shock of Indian security forces that the individuals who launched the attacks in Mumbai used Blackberries to keep up-to-date about the effects of their actions. The Australian Sunday Mail, as an archetypical example, writes,

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Comment: Apple, encryption, and being uber-lame

So, there is a great new technology that all the newest TVs and computers have: it’s called HDCP. This technology is great – it offers incredible resolutions for you movies, bringing a level of clarity to them that hasn’t ever been seen before.

The problem is, you might not be able to watch movies from iTunes on your TV at home if you’re using one of Apple’s new Macbooks.

HDCP encrypts data from point A to point B, largely in an effort to prevent people from copying the data (i.e. making your own copy/backup of the data while it streams from point A to B). Ars is reporting that iTunes’ Fairplay Version 3 DRM requires that you have a HDCP source and destination to play content wrapped in this DRM. If you’re going from HDCP to analogue, then you’re out of luck.

While I can appreciate that Apple has a real need to ‘secure’ the content in the iTunes library if they’re to keep ‘Big Media’ happy, it seems unreasonable that customers may be prevented from watching their videos on non-HDCP enabled screens if they want to. No wonder Jobs was pushing the new Apple monitors so hard when he revealed the new macbooks…