Archive - 2008

June 19th

Recent ma.noglia bookmarks

Here are pages I've recently bookmarked with ma.gnolia:

Great American Backyard Campout

Great American Backyard Campout

National Wildlife Federation's Great American Backyard Campout!

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June 19th

Establishing Best Practices Guidelines for Fair Use of Copyrighted Material on Blogs

The recent DMCA takedown request by the Associated Press and the related issues that have sprung up are being hotly debated in across the blogosphere, but what is mostly being lost in the debate is who should establish best practices guidelines for the Fair Use of Copyrighted Material on Blogs, and how the DMCA should be used in this debate.

Background

For those who haven’t been following, recently the Associated Press filed seven DMCA Takedowns against the Drudge Retort. The posts contained short excerpts of the articles -- ranging in length from 33 to 79 words. In addition, Drudge Retort a community site comparable in function to Digg, Reddit and Mixx where users contribute blog entries of their own authorship and links to interesting news articles on the web. One would think that an organization like the Associated Press would like people to link to their articles as being interesting.

My understanding is that Rogers Cadenhead of The Retort contacted Liza Sabater of Culture Kitchen about the best response, and Liza suggested that Rogers should contact the Media Bloggers Association, which has done great work defending bloggers in legal issues. In addition, the MBA has a long-standing relationship with the AP which might be useful in addressing the legal issues around the specific DMCA Takedown request.

Around the same time, Jeff Jarvis posted FU AP. A few days later, the New York Times ran this article. According to Jim Kennedy, vice president and strategy director of the AP “the company was going to meet with representatives of the Media Bloggers Association” and he hoped “that these discussions can all occur this week so that guidelines can be released soon.”

Kos hops in with this blog post about the fiasco by talking about dumbasses at the Media Bloggers Association and stating that The AP doesn't get to negotiate copyright law.

Cory Doctorow joins in by asking Who are the "Media Bloggers Association" and what gives them to right to negotiate copyright with the Associated Press?.

What both Kos and Cory miss are that the MBA is not negotiating copyright with the AP. Instead, the MBA is representing a blogger in a particular legal battle. Robert Cox, current head of the MBA posts his version of the back story on the Media Bloggers Association website.

Mary Hodder explains to Cory Doctorow a little bit about who the Media Bloggers Association is. Founding members included Jeff Jarvis, Jay Rosen, Rebecca MacKinnon and Micah Sifry.

Where do we go from here?

All of this seems to stem from a few key issues. First, how do we understand ‘Fair Use’? The Center for Social Media at American University’s School of Communications created a Documentary Filmmakers’ Statement of Best Practices in Fair Use.

Who is going to create such a statement for bloggers, citizen journalists and other users of online digital media? Perhaps the Associated Press, the Media Bloggers Association, Cory Doctorow, Kos, and members of many other organizations should work together to establish a statement of best practices that all the parties involved could come to basic agreement on.

Of course, this does not mean that there won’t be future conflicts. What is also needed is a way to address these conflicts in a more productive manner than filing DMCA takedown notices. There are lots of complaints about the DMCA, most notably the lack of due process in takedown notices. Many people are calling for revisions or repeal of the DMCA. Whatever happens, we would all be better off if organizations like the Associated Press and those that they are going after had better mechanisms resolving issues about what constitutes Fair Use for those areas not covered by a statement of best practices or where there is some disagreement about the best practices.

So, who is interested in working on addressing the bigger issues?

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Chip In Widget Du Jour

My good friend Stephen Wilmarth is organizing a bunch of students to go to China as part of Ningxia Dragon Student Ambassadors. He has sent out an email describing this:

On June 30th, students from communities across Connecticut will leave for China and participate in what will likely be a life-changing experience. We will arrive in Shanghai and travel to the city of Xi'an, a former capital of the very first Chinese emperor. Students will visit the incredible mausoleum of the Terracotta Army.

We will embark on a 10 day tour through the provinces of Ningxia and Inner Mongolia, visiting Buddhist, Taoist, and Islamic shrines, climbing 500 foot high dunes in the Gobi desert, hiking through a landscape of mountains and high plains rarely visited by westerners, and meeting peoples of many religious and ethnic minorities who call this land along the ancient Silk Road home.

Our students will engage Chinese students in high schools and universities across the region, spreading a message of shared values and goodwill, and will come to understand the cultural and educational communities that will make China a force to be reckoned with in the 21st century. Our students will stay in the homes of Chinese students, share meals, and learn what being Chinese is like in 2008.

And then, we will travel to the province of Sichuan and "adopt" a school that has suffered the trauma of the terrible earthquake of last month. Upon returning to the US, our students - representing the very students upon which our hopes and dreams for a better future depend - have devised plans to provide the emotional and moral support for their adopted school community.

Three of our 2008 Summer Camp students come from families that can ill-afford the cost of such an important experience. But that won't stop them. This message is intended to ask you to help. We know that these times have put pressure on all of us economically. It is difficult to ask you to provide these students with the support they will need to make this journey.

If you are interested in helping, please click on the Chip In Widget that I’ve added to the right hand column of this site.

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Heavy Hands and The Angry Villager Rule

Recently there have been a lot of stories about people or organizations reacting heavy-handedly to events online, where people have organized and pushed back. It seems common enough that a look at the underlying dynamics needs to be looked at.

The hottest right now is probably the DMCA takedown requests that the Associated Press has issued against Drudge Retort. A lot has been written about this already, and a lot more needs to be written and will be written. For those who have not followed this, I would encourage you to check out the UnAssociated Press website. As you might guess from the title, they have a particular slant, going so far as to call for a blogger boycott of the AP. Culture Kitchen is another site which is providing important coverage and attempting to keep focus on the larger issues.

A second organization that seems to be constantly stumbling over its heavy-handedness is Linden Lab. Whether you look at the recent flap over whether adults who wish their avatars to appear in the shape of children would be allowed to participate in birthday celebrations for Second Life, or there repeated struggles with trademark and currency issues, Linden Lab consistently appears to act heavy-handedly, most likely at the advice of their lawyers, and then find themselves in the middle of a major brouhaha with the residents of Second Life.

Then, of course, there is the administration of Lewis Mills High School, which reacted in a heavy-handed manner when a student wrote criticisms of the administration at home one evening. This case is continuing in the Federal Courts, and one member of the administration has already received disciplinary action related to the case, and the lawyer for the administration has received a major warning from the chairman of Connecticut’s Freedom of Information Commission.

Now, let us look for a moment at ‘The Angry Villager Rule’. This was a rule from the game Dungeons and Dragons in the early days, probably over thirty years ago. Essentially, the person running the game could invoke The Angry Villager Rule, where the villagers would gather together and defeat even a very strong player in the game, in a manner similar to how army ants by their sheer force of numbers, could defeat much larger prey.

I’ve always thought of the Angry Villager Rule in terms of the Mandate of Heaven, a Chinese view that a King’s ruled by the blessing of Heaven. This blessing was seen by good weather, good crops and content citizens. Floods and famines were a sign that the mandate had been repealed. The citizens, suffering from floods and famines always seemed to me to be like the angry villagers seeking a new leader.

Perhaps a more current version of the Angry Villager rule is Clay Shirky’s book “Here Comes Everybody”. Internet based tools are enabling angry villagers to organize in response to heavy-handed actions of regimes that are losing their power because of these new enabling tools. Perhaps the folks at the Associated Press, Linden Lab, and Lewis Mills High School should be given a copy of Shirky’s new book.

So, we have a dynamic of people used to using the Internet for more and more of their social interaction, including organizing when the existing institutions don’t understand and attempt to thwart online communities. It is a compelling narrative. However, the means of mediating this dynamic seems to be slow in appearing.

The Associated Press, after a backlash against their heavy-handed DMCA takedown orders, is now talking about engaging bloggers in a discussion about what constitutes ‘fair use’ in a digital age, and even these efforts are receiving criticism from the angry global villagers. They would have been wiser to start this discussion long before issuing any takedown orders.

Even with these feeble efforts, it seems that the Associated Press is making more progress in understanding the new millennium than Linden Lab or the administration at Lewis Mills High School have been.

So, how do we establish a meaningful dialog about how the Internet is changing our social structures? How do we find a space that helps older institutions evolve at the same time as not surrendering some of the boon that the Internet has provided?

Recent ma.noglia bookmarks

Here are pages I've recently bookmarked with ma.gnolia:

feedly: a more social and magazine-like start page

feedly: a more social and magazine-like start page

Note to self. Check out Feedly

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