December 19, 2006
Jennifer Urban and Cory Doctorow spoke in tandem at the December 14 DIY Media seminar. I will post separate entries, although their presentations were closely related.
"DRM is broken," Urban declared, at the beginning of her talk about "Bits will never get harder to copy: the limits of copyright online." (Apparently, according to a separate report, Bill Gates agrees) The problem, as the graphic below illustrates, is that until DRM started building legal restrictions on the use of cultural products into the hardware used to access those products, the relationship between technological capabilities, laws, and social changes was flexible enough to allow copyright laws to evolve with the times. When radio came along and enabled the broadcast of music that had previously been accessed through live performance or sheet music, the legal remedy of compulsory licensing enabled rights owners to be compensated and for a new medium for musical performance to grow. DRM, together with the Digital Millennium Copyright Act, which criminalizes circumvention of DRM measures, puts an end to that flexibility by instantiating in technology a social agreement that used to be mediated by courts: "DRM stops the change process" that been evolving since the establishment of copyright laws.
"Fair use," fundamental to education, scholarship, and the arts, is broken because the rights holder, not a legal process, determines the boundaries, and "DMCA makes breaking DRM to enable fair use illegal."

In addition to the social damage caused by cutting the legal system out of the process of determining the limits of licenses for cultural products, Urban pointed out that DRM leads to disasters like the Sony rootkit fiasco, in which hundreds of thousands of Sony CDs were distributed with DRM protections that installed malware on the computers of people who simply wanted to listen to music -- compounded later by the exploitation of the malware by hackers.
Jennifer Urban is a Fellow at the USC Annenberg Center and a Clinical Associate Professor of Law at USC. She teaches Intellectual Property and classes related to Technology Law and Policy. She also is the Director of the USC Intellectual Property Clinic, where students learn intellectual property law through hands-on work with cutting-edge, real-world projects. She is a faculty member of the USC Center for Communication Law and Policy.
Originally posted by Howard Rheingold from DIY Media Weblog, remediated by yatta on Dec 19, 2006 at 12:08 AM
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unmediated.av:
The Weekly Show

drawing from extrastruggle.
We've been having a back channel conversation amongst the trackers at unmediated about how/whether to update the way in which we aggregate, present, and make useable the content on the site, in light of all the various aggregators, digg and its clones, and role model group blog sites that we all consume/use/hate/love. Since we all primarily support open media movements and the freedom of bits and so forth, and with all of us being busy with our primary projects, we are looking for ways to make getting content on the site easier and more streamlined, while making it obvious that we are presenting other sources content. With the availability of open API's for just about any type of media aggegration literally getting past the saturation point, and mashups taking every possible form, we are wondering, is it time to take a step back, or a step forward with how/what we do at umediated? In the course of my surfing today, i found this new site, Boxxet Which just might be the straw that breaks the camel's back in how we all perceive the current mix and match nature of the web as it now stands. What's different about Boxxet from other aggregators and mashups like the newest entry popurls, (which aggregates digg, slashdot, reddit, newsvine, tailrank, and flickr) is that Boxxet is a Website generator. Thats right, just pop in all the urls u want to aggregate (and WHAT from them) choose how u want to format it, plug in the url that u want it to be accessed at... and whammo: Your own site with everyone elses content, and all thats left to do is decide whether googleplex or yahooza is going to be the source of your linklove revenue. And if u have on older domain that u plug this into...well, we all know how the pageranking with search engines work by now. It used to be that u had to have a bit of code knowledge to make all this stuff work. Eyebeam's Re-blog engine which powers this site was not a simple undertaking at the time that Michael Frumin and Michael Migurski put it all together... a half a year before Marc Broadband-mechanicked the term Reblog as his latest buzzword before casting his attention on the ourmedia-meme. (kudo's, kudo's) But now, with the cut and paste mentality of webculture that we at unmediated have helped create, the pace at which people are remixing and repurposing code is accelerating at a rate similar to the curve that we saw with pro-sumer desktop video... almost anyone can do it. I have this sinking feeling in my gut that we will arrive sooner than later at the same existential threshold that the film studios and record labels are squirming under to our joyful cries of "die, dinosaurs, die!". What i am wondering, is how long until my hero of the open-information movement, Cory Doctorow, and the rest of our pals at BB will tolerate re-aggregation and repurposing of his content, (now that he is investing so much more time at the site) before he (or any of one us) screams, "FOUL!" Stewart Butterfield over at Flickr is dealing with this beast at the moment...and i have to admire the dryness with which he states, "I loaded the FlickrCentral pool and firefox got up to using 240mb of ram before dying. So that's not a great user experience, but it's really terrible for Flickr. If it catches on and you don't limit it, we'll have to cut you off :\" Sure, Stewart, blame it on the user experience and firefox. ;) I admire your candor, and personal attention/approach to what has become one of the hottest new BRANDS in Web 2.0 ...that u still have time to be personal and all flickr-fuzzy even after being acquired, but I am sure that your jeans feel like they're fitting a bit tighter all of a sudden. Pretty soon, I expect, a lot of us bell-bottomed infornistas are going to wake up in a similar pair of Jordaches. I'm curious which of us will cut the inseams and sew in another totally different material to keep our style,and which of us will claim that now that we're wearing skintight jeans ("they're really really comfortable...REALLY! You think i should get a pair of Reeboks to go with 'em?"), that the manufacture of bell-bottoms should be forbidden. I point this all out in good humour only to illustrate a point: The times, they are('nt) a changin'>, and Cory just might wake up one day soon in his magic kingdom, and say "Hey, man, where'd all my whuffie go? And he's going to have no choice but to join Walt's pinstripesuits in pushing for copyright extension. It's a pill i hope he (and we) never have to swallow. So i pose the question to our community readers: How do you see unmediated-Are we crossing the boundaries in how we repurpose content? Would you like to see more editorializing? Narrower/Broader scope? Are we a repository of information that you come back to use, or just part of your daily information addiction? Let us know... I, for one, would like to have an idea about what pair of jeans to wear this year ;) michael
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