The nonlinear history of copyright

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Presentation by Rasmus Fleischer at FSCONS, october 2008

Transcript of The nonlinear history of copyright

The nonlinearhistory of copyright

– and some thoughts about abundance.

Rasmus Fleischerrasmus@piratbyran.org

www.copyriot.se

FSCONS, Göteborg, 2008-10-26

History of copyright

The standard narrative:

A gradual expansion of rights,

an ”immaterial colonialism”,

an ongoing commodification of culture

There has never been a time in our history when more of our “culture” was as “owned”as it is now. And yet there has never been a time when the concentration of power to control the uses of culture has been as unquestioningly accepted as it is now.

Lawrence Lessig

History of copyright

The alternative, nonlinear narrative:

Copyright law has been appropriated forvery different purposes, at different times,by a variety of actors in tactical alliances.

Copyright has changed its fundamental character more than once.

History of copyright

• from 1800: texts

• from 1900: works

• from 2000: tools

Condensed version:

History of copyright

• from 1800: texts

• from 1900: works

• from 2000: tools

History of copyright

• from 1800: texts

• from 1900: works

• from 2000: tools

History of copyright

• from 1800: texts

• from 1900: works

• from 2000: toolsCopyright as ”intellectual property” with market value for the individual

or

Copyright as a strategic weapon against ”mechanisation”

to be used collectivaly by unions

History of copyright

• from 1800: texts

• from 1900: works

• from 2000: tools Different media,

different contexts

= different economic models

recordsradio ≠

downloadingstreaming ≈

recordsradio ≠

downloadingstreaming ≈

History of copyright

• from 1800: texts

• from 1900: works

• from 2000: tools

Downloading massive amounts of music,without given permission,

is practically accepted.

Making massive music archives meaningful is not accepted.Tools for indexing are under attack.

but

Copyright since 2000:regulating tools, rather than works,

uncopyrighted metadata, rather than copyrighted ”content”

Making massive music archives meaningful is not accepted.Tools for indexing are under attack.

The war on file-sharing undermines free licensing.

Creative Commons operates on the level of individual works, not on the level of tools.

Digital piracy is largerthan just online P2P networks!

Darknets, sneakernet...

1998: 8 GB1999: 15 GB2000: 30 GB2001: 55 GB2002: 100 GB2003: 175 GB2004: 250 GB2005: 450 GB2006: 600 GB2007: 900 GB2008: 1,5 TB2009: 2,5 TB2010: 4,5 TB2011: 7 TB2012: 12 TB2013: 20 TB2014: 35 TB2015: 60 TB2016: 100 TB2017: 175 TB2018: 320 TB

1998: 8 GB1999: 15 GB2000: 30 GB2001: 55 GB2002: 100 GB2003: 175 GB2004: 250 GB2005: 450 GB2006: 600 GB2007: 900 GB2008: 1,5 TB2009: 2,5 TB2010: 4,5 TB2011: 7 TB2012: 12 TB2013: 20 TB2014: 35 TB2015: 60 TB2016: 100 TB2017: 175 TB2018: 320 TB

In 10-15 years:All recorded music that has ever been released

will fit in a pocket, ready for copying.

...but will it have any value for us?

When all music can be listened towherever, whenever...

...we start to desire musical experiencesspecific to a time and a place.

When all music can be listened towherever, whenever...

...we start to desire musical experiencesspecific to a time and a place.

When stuff that can be copied become superabundant...

...stuff that can not be copied becomes more relevant.

Creating meaning out of superabundance:selecting, indexing, interconnecting,

contextualizing, actualizing...

Provisional communities:between public and private,

between commercial and non-commercial

Copyright law distinguishes between

1) Private use, privat copying;2) Public distribution, public performance.

The first is left free,the second thoroughly licensed.

Nothing is recognized in between.

public | private

Copyright must draw a straight line between1) Private use, privat copying;

2) Public distribution, public performance.

Nothing is recognized in between.

public | private

commercial | non-commercial

Result:Cultural activities must either be for-profit-only

or strictly “non-commercial”.

Copyright materializes in the city,as well as in computer networks.

“Creative industries”:content without context

There are no digital products.

KOPIMIcopy me

How to integrate the infinite abundance of informationinto our finite lives?

the end

The nonlinearhistory of copyright

– and some thoughts about abundance.

Rasmus Fleischerrasmus@piratbyran.org

www.copyriot.se

FSCONS, Göteborg, 2008-10-26