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September 5, 2024

Do LLM’s store what they’re trained on? A reason to think not.

If you ask chatGPT to give you the first paragraph of Moby-Dick, it gets it exactly right. This and other such examples are sometimes taken as evidence that it has kept a copy of that book in memory, a potential copyright violation. The makers of these Large Language Models say they don’t, or at least I haven’t come across any who cop to it.

My understanding is that they analyze the terxts they’re trained on looking for statistical relationships, keep the stats and ditch the texts. (In this, they’re similar to how search engines compile their indexes.)

But my understanding is quite limited. So, I poked around.

PROMPT: What is the first paragraph of Moby-Dick, verbatim?

CHATGPT:

Call me Ishmael. Some years ago—never mind how long precisely—having little or no money in my purse, and nothing particular to interest me on shore, I thought I would sail about a little and see the watery part of the world. It is a way I have of driving off the spleen and regulating the circulation. Whenever I find myself growing grim about the mouth; whenever it is a damp, drizzly November in my soul; whenever I find myself involuntarily pausing before coffin warehouses, and bringing up the rear of every funeral I meet; and especially whenever my hypos get such an upper hand of me, that it requires a strong moral principle to prevent me from deliberately stepping into the street, and methodically knocking people’s hats off—then, I account it high time to get to sea as soon as I can

Perfect.

PROMPT: What is the first paragraph of David Weinberger’s book Everything Is Miscellaneous?

CHATGPT:

The first paragraph of Everything is Miscellaneous by David Weinberger reads:

“If you keep your music in iTunes or your photos in Flickr, you’re using an application that lets you put a piece of information in more than one category at a time. That’s weird. In the real world—where our species evolved—everything has its place. Our books are on one shelf at a time, our plates are in one cupboard, and our shoes are by the door or in the closet. That’s the way it’s supposed to be because that’s the way the world is. Except, of course, it’s not.”

This opening sets the stage for Weinberger’s exploration of how digital organization challenges traditional, physical-world categorization.

That’s not a bad intro to the book’s themes:  it picks up some of the examples in the book, and it is certainly reminiscent of my style of writing. But it has nothing to do with the first paragraph of the first chapter:

Before the Web, browsing was usually a polite way of telling a salesperson to buzz off. “May I help you?”, a salesperson asks. “I’m just browsing,” you reply with a little smile.With that word, a customer declares a lack of commitment, With that smile, she asserts that she’s within her rights: “Just try and stop me, salesboy!”

I’m slightly embarrassed by that, but the point is that the real first paragraph doesn’t talk about anything mentioned in chatGPT’s attempt to quote it.

Further, while chatGPT can quote the opening of Alice’s Adventures in Wonderland, if you ask it to quote the opening of Carroll’s lesser known “Sylvie and Bruno” it responds:

One winter night, at a little town called Elveston, a telegram was received by the Sub-Warden, who sat sipping his coffee, and wondering lazily whether it was worth while to finish his cigar, or whether he would take a stroll down to the Club, and see if Captain Muriel had returned yet.

Here’s the actual opening:

—and then all the people cheered again, and one man, who was more excited than the rest, flung his hat high into the air, and shouted (as well as I could make out) “Who roar for the Sub-Warden?” Everybody roared, but whether it was for the Sub-Warden, or not, did not clearly appear: some were shouting “Bread!” and some “Taxes!”, but no one seemed to know what it was they really wanted.

The phrase “one winter” doesn’t appear anywhere in the original. Nor does “a little town called Elveston”. 

Finally, if you repeat the prompt, it gives  substantially different responses, including the unfortunately smutty these days:

‘Less bread!’ cried the poor. I looked again, and saw it was not bread they had needed, but more head.

It seems to unqualified me that this bolsters the claims of the LLM makers that they don’t keep copies of their training materials (or at least don’t make them accessible to the model in operation), and that the training-time statistical analysis of texts that quote other texts, plus the magic of transformer technology,  is sufficient to explain how they can provide verbatim quotes of oft-cited works. 

Am I wrong? It’s highly likely.

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Categories: ai, copyright, machine learning, tech Tagged with: ai • chatgpt • copyright • llm • ml • scale Date: September 5th, 2024 dw

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March 28, 2020

Computer Ethics 1985

I was going through a shelf of books I haven’t visited in a couple of decades and found a book I used in 1986 when I taught Introduction to Computer Science in my last year as a philosophy professor. (It’s a long story.) Ethical Issues in the Use of Computers was a handy anthology, edited by Deborah G. Johnson and John W. Snapper (Wadsworth, 1985).

So what were the ethical issues posed by digital tech back then?

The first obvious point is that back then ethics were ethics: codes of conduct promulgated by professional societies. So, Part I consists of eight essays on “Codes of Conduct for the Computer Professions.” All but two of the articles present the codes for various computing associations. The two stray sheep are “The Quest for a Code of Professional Ethics: An Intellectual and Moral Confusion” (John Ladd) and “What Should Professional Societies do About Ethics?” (Fay H. Sawyier).

Part 2 covers “Issues of Responsibility”, with most of the articles concerning themselves with liability issues. The last article, by James Moor, ventures wider, asking “Are There Decisions Computers Should Not Make?” About midway through, he writes:

“Therefore, the issue is not whether there are some limitations to computer decision-making but how well computer decision making compares with human decision making.” (p. 123)

While saluting artificial intelligence researchers for their enthusiasm, Moor says “…at this time the results of their labors do not establish that computers will one day match or exceed human levels of ability for most kinds of intellectual activities.” Was Moor right? It depends. First define basically everything.

Moor concedes that Hubert Dreyfus’ argument (What Computers Still Can’t Do) that understanding requires a contextual whole has some power, but points to effective expert systems. Overall, he leaves open the question whether computers will ever match or exceed human cognitive abilities.

After talking about how to judge computer decisions, and forcefully raising Joseph Weizenbaum’s objection that computers are alien to human life and thus should not be allowed to make decisions about that life, Moor lays out some guidelines, concluding that we need to be pragmatic about when and how we will let computers make decisions:

“First, what is the nature of the computer’s competency and how has it been demonstrated? Secondly given our basic goals and values why is it better to use a computer decision maker in a particular situation than a human decision maker?”

We are still asking these questions.

Part 3 is on “Privacy and Security.” Four of the seven articles can be considered to be general introductions fo the concept of privacy. Apparently privacy was not as commonly discusssed back then.

Part 4, “Computers and Power,” suddenly becomes more socially aware. It includes an excerpt from Weizenbaum’s Computer Power and Human Reason, as well as articles on “Computers and Social Power” and “Peering into the Poverty Gap.”

Part 5 is about the burning issue of the day: “Software as Property.” One entry is the Third Circuit Court of Appeals finding in Apple vs. Franklin Computer. Franklin’s Ace computer contained operating system code that had been copied from Apple. The Court knew this because in addition to the programs being line-by-line copies, Franklin failed to remove the name of one of the Apple engineers that the engineer had embedded in the program. Franklin acknowledged the copying but argued that operating system code could not be copyrighted.

That seems so long ago, doesn’t it?


Because this post mentions Joseph Weizenbaum, here’s the beginning of a blog post from 2010:

I just came across a 1985 printout of notes I took when I interviewed Prof. Joseph Weizenbaum in his MIT office for an article that I think never got published. (At least Google and I have no memory of it.) I’ve scanned it in; it’s a horrible dot-matrix printout of an unproofed semi-transcript, with some chicken scratches of my own added. I probably tape recorded the thing and then typed it up, for my own use, on my KayPro.

In it, he talks about AI and ethics in terms much more like those we hear today. He was concerned about its use by the military especially for autonomous weapons, and raised issues about the possible misuse of visual recognition systems. Weizenbaum was both of his time and way ahead of it.

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Categories: ai, copyright, infohistory, philosophy Tagged with: ai • copyright • ethics • history • philosophy Date: March 28th, 2020 dw

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July 4, 2018

Moral rights kill culture

<rant>

Moral rights of creators are inventions grounded in a bad analogy with property rights.

If you want to maintain your “moral right” to what you’ve written, then don’t publish it.

If you publish it, you are making it public. Thank you for doing so.

You will make money from it for some fixed period — a period designed to provide you (but not necessarily Stephen King) with sufficient incentive to continue to create and publish works, but a short enough period that creative works can be assimilated by the culture.

Why put limits on the author’s exclusive right to publish? To keep culture lively. Which is the same as keeping that culture alive.

Cultural assimilation requires the freedom to talk about your work, to reuse it, misuse it, abuse it, to get it terribly wrong, to make it our own as individuals, to make it ours as a culture.

Imagine a Renaissance in which “moral rights” were enforced. Can’t.

Moral rights kill culture.

(Note that this applies to works that are published as copies. Please don’t take a hammer to any irreplaceable statues. Thanks.)

</rant>

Creative Commons License
This work is licensed under a Creative Commons Attribution 2.0 Generic License.

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Categories: copyright, culture Tagged with: copyright • culture Date: July 4th, 2018 dw

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June 18, 2018

Filming the first boxing match

Joseph Fagan, an author, writer, TV Show host, and the Official Historian of West Orange Township, has given me permission to post his recounting of the legal waters surrounding the first filming of a boxing match. It’s a fascinating early example of finding analogies in order to figure out how to apply old laws to new technology — and also of how the technological limitations of a medium can affect content.

First filmed boxing match tested the legal waters in WO [West Orange, NJ]

By Joseph Fagan

On June 14, 1894, one hundred and twenty four years ago today, a boxing match was first captured on film. The event took place at Edison’s Black Maria studio giving the world’s first movie studio in West Orange the distinction of being the first place for a filmed boxing match in history. It was a staged six round fight between two lightweight boxers Michael Leonard and Jack Cushing. The filming of this fight at the Black Maria may have violated prize fighting laws but “the technology seemed to surpass the law in a way no one could have predicted”the technology seemed to surpass the law in a way no one could have predicted.

Although boxing was still illegal in New Jersey in 1894 the sport was growing in popularity. The New Jersey penal code had been amended in 1835 to specifically outlaw prize fighting. The art of pugilism as it was also known was banned in the United States at the time. It was illegal to organize, participate, or attend a boxing match. But the law was somewhat unclear on the legality of photographing a boxing match. By the time Edison’s moving picture technology had emerged the law had not yet adopted any provisions for the filming of a boxing match.

An assumption was made that since it was legal to look at a still photograph of a boxing match by extension it therefore was then legal to look at a motion picture of a boxing match as well. The New Jersey legislature could not have anticipated prize fighting films in 1835 when photography techniques were still in its infancy and mostly all experimental.

By the late 1880s the concept of moving images as entertainment was not a new one and not uniquely that of Edison. In 1893 he built the world’s first motion picture studio in West Orange known as the Black Maria. The films produced at this studio were not film as we know it today but short films made specifically for use in Edison’s invention the kinetoscope. This emerging technology not only commercialized moving pictures but also made history as it tested the known boundaries of New Jersey law regarding prize fighting.

The first kinetoscope parlor opened in New York City on April 14, 1894 in a converted shoe store. This date marks the birth of commercial film exhibition in the United States. Customers could view the films in a kinetoscope which sat on the floor and was combination peep show slot machine. Kinetoscope parlors soon increased in popularity and opened around the country. Production of a constant flow of new film subjects was needed at the West Orange studio to keep the new invention popular. Many vaudeville performers, dancers, and magicians became the first forms of entertainment to be filmed at the Black Maria studio.

The filming of the Leonard Cushing Fight demonstrated the potential illegality of the events at the Black Maria but there is no record of a grand jury investigation of the fight. The ring was specially designed to fit in the Black Maria and was only 12 feet square. The fight consisted of six one minute rounds between Leonard and Cushing. One minute was the longest the film in the camera would last so“ the kinetoscope itself was the time keeper” the kinetoscope itself was the time keeper. In between rounds the camera had to be reloaded which took seven minutes. The fight was essentially six separate bouts each titled by round number. In the background five fans can be seen looking into the ring. The referee hardly moves as the two fighters swing roundhouse blows at each other. Michael Leonard wore white trunks and Jack Cushing wore black trunks. Although a couple of punches seem to land both fighters maintained upright stances during the fight. Customers in kinetoscope parlors who watched the final round saw Leonard score a knockdown and was therefore considered the winner.

The first boxing match was filmed and produced by William Kennedy Dickson working for Edison. It remains unclear if Edison was actually at the fight and is reported to have been 40 miles away in Ogdensburg, NJ overlooking his mining operations. In my opinion I doubt very little happened at his West Orange complex without his knowledge or approval. Edison’s confidence is perhaps best understood in a 1903 quote. M. A. Rosanoff joined Edison’s staff and asked what rules he needed to observe. Edison replied, “” There are no rules here… we are trying to accomplish something.””” There are no rules here… we are trying to accomplish something.”

In the face of legal uncertainties regarding New Jersey law in 1894 plausible deniability may have helped Edison as he drifted into uncharted legal waters. No one was ever charged with a crime for filming the first prize fight in history at the Black Maria in West Orange. It simply set the course for future changes until the prohibition against prize fighting in New Jersey was eventually abolished in 1924.

Posted under a Creative Commons Attribution Non Commercial license: CC-BY-NC, Joseph Fagan

Joseph Fagan can be reached at [email protected]

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Categories: copyright, infohistory Tagged with: copyleft • copyright • history • sports Date: June 18th, 2018 dw

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November 15, 2016

[liveblog][bkc] Aaron Perzanowski: The End of Ownership

I’m at a Berkman Klein Center lunchtime talk. Aaron Perzanowski is talking about “The End of Ownership,” the topic of his new book of the same name, written with Jason Schultz. Aaron is a law professor at Case Western Reserve Law School.

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

Normally we consumers take for granted rights for physical goods that come from the principle of exhaustion: when you sell something, you exhaust your rights to control it. That’s why we have used book stores and eBay and we can lend a novel to a friend. In this way, the copyright system gives end users a reason to participate: if you buy it, you can do what you want with it.

Aaron Perzanowski:

Online we use familiar forms of ownership: buy, rent, gift. This means that consumers don’t have to figure out every purchase from scratch; we have the basic understanding. Or do we?

The book talks about the erosion of the concept of exhaustion and the rights that flow from it.

First, copies themselves are disappearing. We used to own a copy. Now we subscribe to content streaming from the cloud. Copies are no longer rare, valuable, persistent.

Second, courts have redefined who counts as an owner. It used to be that if you paid money for it, and you paid for it once (i.e., not a subscription), then you owned it. In 1908, the courts decided that Bobbs Merrill couldn’t control the price for which a purchased copy could be re-sold. Now, end user license agreements routinely say that you have not bought a copy and thus you can not re-sell it.

He contrasts two cases from the 9th District Court of Appeal that were decided back to back on the same day, and that are totally inconsistent. In the first case, a promotional copy of a CD had stamped on it that accepting the CD binds the recipient to a prohibition on transferring it to someone else. The court said that you can’t impose ongoing obligations that travel around with the disk.

“We’ve passed the logical breaking point…”In the same case, on the same day, the same panel considered who owns the CD in the AutoCAD package. It contained the same sort of license. The court decided that those disks were licensed by users, not owned.

Q: The music CD was unsolicited. But I bought the AutoCAD disk.

A: Do you have more or less ownership interest in something you got for free or something you paid $8,000 for?

Early in the software industry, it wasn’t certain that sw could be patented or protected by copyright, so licenses played a bigger role. But now sw is everywhere, not just on little disks. Which bring us to Digital Rights Management (DRM). At first it was at least somewhat related to protecting IP. But we’ve passed the logical breaking point, E.g., Lexmark doesn’t want people to refill their printer ink cartridges. So they had code on their printers that detected non-Lexmark cartridges or refills and wouldn’t use them. The courts disagreed.

Apple recently got a patent on using infrared light recording to disable recording on your iPhone. If a concert broadcasts this light, your phone won’t be able to record it. Or if you’re a police officer who doesn’t want to be recorded. This is an example of how tech can turn the devices you think you own against you.

“The Internet of Things is really the Internet of Things you don’t own.”The Internet of Things is really the Internet of Things you don’t own. John Deer tractors have sw embedded in them that is licensed to the owner of the tractor. GM says the same thing about cars. Another example of “machine mutiny”: Keurig.

The final problem: The deceptive “Buy Now” button. You’re usually not really buying anything. E.g., remember when Amazon deleted copies of 1984 from Kindles? “What rights do people think they have when they ‘buy now.'” Aaron and Jason did an experiment that showed that if people bought through a “by now” button, they thought they have the right to keep, device, lend, and give their copy. People make this mistake because they port over their real-world understanding of buying goods.

Q&A

Q: How does this work internationally?

A: An international exhaustion regime could have dramatic consequences for people in less developed economies. I worry about this, but I don’t know the answer. It’s very tough to generalize.

Q: How does consumer understanding of this affect pricing?

A: We tested this. Would consumers behave differently if they knew the truth? We asked how much more people would be willing to pay. It was worth about $3 more for those rights, although we didn’t ask them to actually pay that money. [Amazon lets you stream a video for 24 hrs for $3-$5 or buy for somewhere around $15, or so I recall.]

Q: How are the demographics in their understanding of the rights they’re buying?

A: Generally white men 30+ were the least accurate. They assumed they were entitled to all the rights.

Q: How are the streaming services doing in terms of the confusion?

A: We haven’t researched it specifically but my intuition is that people aren’t as confused. They know that if they don’t pay their Spotify bill, they won’t have the service next month.

A: Disney will never again release Song of the South because it’s embarrassing. The loss of a cultural object like this is very disturbing.

Q: Is people’s sense of fairness shifting so we won’t be bothered by, say, GM turning off your car’s software?

A: This is a problem with dealing with consumer expectations. We’re advocating for one set, but they’re going in the other direction. We’ve situated our argument in the language of property because it’s incredibly powerful. That’s how sw owners argue their cases: “We own this property, so we get to say how it’s used.” But the property rights of IP holders shares a border with the stuff that we as consumers own.

Q: What can be done to change the trajectory?

A: The parallels to the privacy world are instructive. The people we surveyed took these concerns about ownership to heart in a way that they don’t in the privacy context.

A: You’ve only touched the tip of the ice berg. The problem is worse than you’ve indicated.

Yes, there is a broader problem.

A: [me] Take away the deception about “Buy” buttons and one could argue that customers simply have (or will have) more options. Does your focus on the property argument misses the cultural damage that unbundling licenses will wreak?

Q: This is why we talk about exhaustion. We’re trying to explain to people why ownership matters to culture. It’;s risky to argue that we just need to correct the misinformation. But there’s some hope. The only sector of the music market growing faster than Spotify et al. is vinyl. It’s a smaller percent of the market, but there are people who will pay a price premium for something that’s tangible and that’s theirs. Likewise, physical books haven’t gone away the way people [er, like me] predicted.

If it turns out that we as a culture don’t value these objects, that we want to pay $9.99 for access to everything, there’s not a lot that I can do other than point out the virtue of this other path.

Q: Are you identifying values connected to our ownership of tangible items that we ought to be defending as we move to digital items?

A: “Property functions as a stand-in for individual freedom.”Property functions as a stand-in for individual freedom. It gives individuals the right to make choices without asking anyone for permission. Thirty years ago, you could repair your car without asking anyone for permission.

Q: Have there been court cases about medical devices?
modafinil: The Smart Drug Demystified ??

Did you know that modafinil is more than just a wakefulness-promoting agent? Here’s what you need to know about taking this cognitive enhancer:

• Typically prescribed as a 200mg tablet

• Usually taken once daily in the morning

• Can be taken with or without food

• Effects last 12-15 hours on average

• Not recommended to exceed 400mg in 24 hours

Remember: While modafinil can boost alertness and focus, it’s crucial to consult a healthcare professional before use. Proper dosage and timing are key to maximizing benefits and minimizing side effects.

Have you ever tried modafinil or similar nootropics? Share your experience in the comments below!

A: Not that I know of. But we give some examples in the book where individual users want to improve their functional. Manufacturers don’t want to let users monkey with them. Car companies say the same thing.

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Categories: copyright, culture Tagged with: copyleft • ip Date: November 15th, 2016 dw

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July 1, 2016

Will blockchain kill culture?

Peter Brantley [@naypinya] has posted an important and succinct warning about the effect blockchain technology may have on culture: by making the mechanism of trust cheap, transparent, and more reliable, blockchain could destroy the ambiguity that culture needs in order to thrive. Peter’s post is clearly thought and powerfully put.

Pardon me while I agree with him, including about blockchain’s positive promise.

Culture is the ultimate analog phenomenon, even when it’s communicated digitally, for it is only culture to the extent to which people—we—make it our own. We understand our lives and our world through culture. If we can’t appropriate it, re-express it, and re-use it, culture simply dies.

As Peter says, blockchain could perfect the system of tracking and control, leading us further into the tragic error of thinking that ideas and culture are property. Property has boundaries and borders that can be precisely demarcated and can be defended. Culture by definition does not. Blockchain technology can further the illusion that culture is property.

While blockchain will have a positive, transformative effect on systems where trust is valuable and expensive, it almost inevitably will also be used to impose restrictions on the appropriation of culture that lets culture thrive. If so, I expect we’ll see the same sort of response that we’ve already seen to the Internet’s inherent transparency—the transparency that has simultaneously made it the liberator of culture and the surveillor’s wet dream: We will route around it with some degree of success. And we will—I hope— continue to encourage an ethos of sharing in which creators explicitly exempt their works from the system of copyright totalitarianism.
amoxil: Your Guide to Proper Usage ??

Did you know that taking antibiotics correctly is crucial for their effectiveness? Let’s break down how to take amoxil:

1?? Follow your doctor’s instructions precisely

2?? Take with or without food, but be consistent

3?? Space doses evenly throughout the day

4?? Complete the full course, even if you feel better

Remember: Misuse of antibiotics can lead to resistance. Always consult your healthcare provider for personalized advice.

Have you ever taken amoxil? Share your experience or questions below!

The license you adopt will be your uniform in the coming culture wars. It already is.

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Categories: copyright, culture, open access Tagged with: blockchain • copyleft • copyright • creative commons • culture Date: July 1st, 2016 dw

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November 19, 2015

Google stepping forward to defend Fair Use

Google has just posted that it’s going to start defending some YouTube videos from DMCA takedown notices when it believes that those videos are protected by the Fair Use exemption from copyright law.

This is great news and long overdue.

The Digital Millennium Copyright Act of 1998 lets a copyright holder send a notice to a site like YouTube claiming that a video violates its copyright. YouTube passes that notice on to the video poster and takes down the video. The poster can enter into a legal battle with the copyright holder which is rarely worth the time and money even if the poster is totally within her rights.

As a result, Big Content sends YouTube thousands of takedown notices that are generated algorithmically, without a human ever looking at the video to see if it is actually a violation. Since there’s no practical penalty for sending in a groundless takedown notice, Big Content has a “When in doubt, take it out” attitude.

But you usually can’t tell if a video falls under the Fair Use exemption without looking at it. Fair Use exempts material from claims of copyright infringement if the material is satire, if it’s citing the original in a review, for some educational purposes, etc. Fair Use is just plain common sense. Without it, you’d have to get Donald Trump’s permission to mem-ify one of his quotes.

Google to its credit recently used Fair Use to defend Google Books‘ scanning and indexing of in-copyright works. It won. This was a big victory for Fair Use.

Now Google seems ready to step forward and champion Fair Use in other realms. It’s hard to see how this benefits Google directly — they’ll be spending legal fees to keep some person’s video up, even as 400 hours of video is uploaded to YouTube every minute. But creating a Fair Use speed bump in the automatic and robotic cleansing of the Net is great for the ecosystem, which is great for us and ultimately for companies like Google that rely on the Internet remaining a robust domain of discourse and creativity.

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Categories: copyright, culture Tagged with: copyleft • google Date: November 19th, 2015 dw

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November 7, 2015

Fair use and the Google Books decision

Ting.com has posted my brief-ish article on why the decision that Google Books doesn’t violate copyright is a big win for us all.

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Categories: copyright Tagged with: copyleft • fair use Date: November 7th, 2015 dw

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August 11, 2015

1M copyright free images ready for viewing and tagging

The British Library has posted one million public domain images — images not subject to any copyright restrictions — at Flickr. (They did this at least a year ago, but it’s still worth noting, isn’t it?)

The public can view them, copy them, and reuse them freely in every regard. An article in Quartz by Anne Quito reports:

So far, these images, which range from Restoration-era cartoons to colonial explorers’ early photographs, have been used on rugs, album covers, gift tags, a mapping project, and an art installation at the Burning Man festival in Nevada, among other things.

The Library posted them not only so they could be enjoyed and reused, but so the public would do what the Library is not staffed to do all by itself: add tags. Says Quartz:

to date, the collection has garnered over 267 million views, and over 400,000 tags have been added to images on Flickr by users. Through a “tagathon” with the Wikimedia UK community, the Library discovered over 50,000 maps in the collection, which they are now in the process of fitting into a modern map.

I can’t figure out how to search within a collection at Flickr, but this view at least does some clustering.

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Categories: copyright, libraries, misc Tagged with: copyleft • copyright • libraries • photos • public domain Date: August 11th, 2015 dw

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June 10, 2015

Anti-circumvention, 18th century style

The 1998 Digital Millennial Copyright Act (DMCA), among other restrictions, makes it a criminal act to try to figure out how a software program works if it uses copyright protections (typically some form of Digital Rights Management). (The Berkman Center’s Digital Media Law Center has an excellent explanation of this.)

There are exceptions and exemptions, but it overall it is symptomatic of government’s prioritizing private business interests over public learning.

David S. Landes’ fascinating book, Revolution in Time, mentions an early case of DRM and an attempt at an anti-circumvention policy (pp. 172-5). It is literally a case: a watch case.

As Landes tells it, at the end of the 18th century, the most noted pioneering clockmaker was John Arnold. Arnold, the son of a watchmaker, rose rapidly, even presenting King George III in 1764 with a clock so small that it fit into a ring. But from around 1781, he began to run into a young upstart named Thomas Earnshaw. Earnshaw had invented a spring detent escapement (illustration) that proved to work better than Arnold’s, and would eventually replace it.


Arnold’s detent.

Arnold introduced a spring detent remarkably like Earnshaw’s remarkably soon after the latter introduced his, leading Earnshaw to think that Arnold had copied one of his early models. There were means, motive, and opportunity, for Earnshaw had been forced to disclose his innovation in order to try to raise the hundred pounds required to patent it. One of the people he showed it to was Thomas Wright, watchmaker to the King. Arnold had asked Wright for access to one of these prototype models on the grounds that Arnold had already applied for his own patent. Wright provided it.

Writes Landes:

When Earnshaw heard of this, he was furious. Wright defended himself by saying that he had not given Arnold permission to open the watch and had protested when he did: “Mr. Arnold, I will not have the watch opened.” To which Arnold had haughtily replied by asking if anyone in Wright’s shop knew how to make a watch anyway and then answered his own question by saying that “so far from being able to make a watch, none of them knew what o’clock it was.” This insolence was enough to provoke even a theeing-thying Quaker. “Mr. Arnold,” said Mr. Wright, “it does not signify whether I can make a watch or not, I don’t fear getting plenty of employee at mending thine, and if the watchmakers do not know what o’clock it is they can know by going to Greenwich for it as thee does.”

Nothing like #QuakersTalkingSmack.

In any case, it’s a new millennium and time for a copyright act suited for that new millennium.

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Categories: copyright Tagged with: clocks • copyleft • copyright • dmca • patents Date: June 10th, 2015 dw

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Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.
TL;DR: Share this post freely, but attribute it to me (name (David Weinberger) and link to it), and don't use it commercially without my permission.

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