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Intellectual Property

Call for Papers: International Journal of Communications Law and Policy

I've been meaning to post this for a while - a call for papers for the International Journal of Communications Law and Policy that's related to the Association of Internet Researchers conference I organised in September. For those who weren't able to make it to AoIR 2006, there's still some time to submit additional articles...

The International Journal of Communications Law and Policy and the Association of Internet Researchers is pleased to announce a call for further papers for a special issue on Internet regulation linked to the IR7 Conference ('Internet Convergences'). The selection committee - composed of the editorial board of the IJCLP and Matthew Allen (Curtin University of Technology), Fay Sudweeks (Murdoch University) and Axel Bruns (Queensland University of Technology) - will review and consider all submissions for publication. We have already received several papers from the conference, which are in the process of being reviewed, and would now encourage experts from all disciplines and nationalities to submit further papers for publication by 1 December 2006. Acceptance will be notified by the end of the year for publication in 2007 following strict double-blind peer review.

Media Education and Copyright Law

Cushla Kapitzke is the next speaker here at ATOM2006. She focusses on the implications of copyright law changes in the wake of the Australia-U.S. Free Trade Agreement, and how they may impact on media educators. She notes the rise of a large variety of neologisms - postindustrialism, fast capitalism, the information age, the creative economy, postmodernity, neoliberalism, globalisation, and McDonaldisation - even while the U.S. remains firmly routed in the traditional assumptions of modernity in a variety of ways. Libraries, for example, are often still excellently set up, but remain largely empty as they've failed to engage with the post-modern information needs of their clients. Cushla suggest a set of epochal shifts, from ancient ceremony to the traditional library of modernity, to the new 'libr@ry' which is being explored developed in a number of configurations by various organisations.

e-Voting, Media Consumption, and the Future of Intellectual Property

Tartu
Wolter Pieters starts the post-lunch session at CATaC 2006. He describes current moves towards e-voting as they have happened here in Estonia and elsewhere: is Internet voting the future? Estonia was the first country to use e-voting in local elections, but in the Netherlands and elsewhere there still exist many questions around it. There are promises that e-voting would increase voter turnout, but the Estonian experience does not necessarily support this - here, e-voting was introduced for its ease rather than to increase participation.

Towards More Democratic IT Infrastructures?

Dresden
We're continuing in a law and policy vein. The final session for today is on the potential for a democratisation of IT infrastructures. Dan Wielsch is the first presenter, focussing on infrastructure governance. He notes that the governance principles of distribution technology are changing - more people than ever before have access to the means of information production and exchange, drastically reducing entry costs to communication (also known as 'cheap speech'). This is markedly different from the previous industrial information economy, of course. In the new network information economy there is a serious increase in non-market content production, leading to more and more diverse content and content producers.

Dealing with Digital Content in a Convergent Environment

Dresden
We've now moved to a plenary session on converging media policy. Now that media convergence is finally starting to happen, there may be a number of crucial effects of this development, and there need to be new policy approaches to address them. The first speaker is Edgar Berger, the CEO of Sony BMG Germany. He begins by discussing the impact of digital technologies on the music industry. To begin with, business is now no longer done only with specialised retailers - music is also being licenced to telcos, games developers, online content providers, and many other partners. The music video market is also changing: videos are now being downloaded for a fee by users rather than being distributed for free to music television stations. For the consumer, the experience of music has also changed thoroughly - it is now available anywhere, anytime through the Internet and mobile devices in a wide variety of forms including ringtones, mobile video, and other new digital formats. There is special growth in the mobile world, and in what's called dual delivery - consumers buying a song once for access on mobiles and PC-based media. Digital media also changes the creative process: consumers discover musical acts on the Internet and it is only after this discovery that contracts are signed with music industry players. The question of 'piracy' is also raised here, and Berger restates very clearly Sony BMG's commitment to pursuing 'piracy', while balancing this with consumer rights (but remains vague on how he intends to do this). Is digitisation a risk or an opportunity for the music industry, then? There is a dual strategy here - of combatting copyright infringement while embracing the opportunities of digital media at the same time.

Towards an Intellectual Property Framework for Produsage

As I've mentioned previously, today I took part in an online event to mark World Intellectual Property Day, held within the Second Life space. Very interesting event, with only a small number of technical issues. I did make a recording of it, but I think there was also an official recording which I imagine will be available in due course... Anyway, here's (roughly) what I said:

Marking World IP Day in Second Life

Next Wednesday is World Intellectual Property Day - and I'm going to be part of an event which takes place within the virtual world of Second Life. This is my first venture into Second Life, and it should be an exciting event. We'll be meeting at Pooley Stage, Pooley (251, 16, 55), at 2 p.m. Australian Eastern Standard Time on Wednesday 26 April (which equates to 9 p.m. Server Time on Tuesday 25 April).

21st Century Creativity in a Copyright World: How Can the Potential Be Realised?

You are invited to join the QUT Law Faculty's Intellectual Property: Knowledge, Culture, and Economy Program, in conjunction with the ARC Centre of Excellence for Creative Industries and Innovation, for a free seminar on World Intellectual Property day at 2pm on Wednesday 26 April 2006. The rapid pace of technological change that we are experiencing requires us to always be aware of the balances inherent in copyright law; we must attempt to provide adequate protection to copyright owners, while at the same time allow for a rich culture of experimentation and innovation. Particularly, we must be careful not to close off new avenues for expression and creativity before they have a chance to develop. Join us for a discussion of the current context, covering fair use/fair dealing, blogs, mash-ups, parody, and much more.

Modchipping the Australia-U.S. Free Trade Agreement

Today I went to a meeting at QUT's Gardens Point campus which was centred in particular around the recent case of Sony v Stevens in Australia, and its implications in light of the recent Australia-U.S. Free Trade Agreement (AUSFTA).

Brian Fitzgerald from the QUT Law School begins by outlining the case. Sony alleged that Stevens, who operated a computer shop, had sold a circumvention device for a technological protection measure - that is, mod chips for the Sony Playstation 2 console. These chips enabled the console to play games from regions other than Australia, as well as backup or unauthorised copies. Playstations are coded (similarly to DVD players) for regional access; this is controlled by a Boot ROM chip in the console. This allegation hinges on the definition of a technological protection measure as defined by WIPO and encoded into Australian law by the Copyright Act - TPMs prevent or inhibit the infringement of copyright.

More DGM, Less DRM

I've been meaning to flag the fact that DGMLive has gone online. The site is the new online arm of Discipline Global Mobile, the record label founded by King Crimson guitarist Robert Fripp, and offers a growing number of Fripp and Crimson concerts and other goodies for purchase and download. This interests me as a fan, but also for other reasons: music purchased through DGMLive is available in MP3 and FLAC (lossless audio) formats, and is downloaded through the peer-to-peer filesharing software BitTorrent.

Neither of these facts sits well with standard music industry wisdom (now there's an oxymoron for you) that 1. the customer is the enemy, and cannot be trusted, 2. p2p filesharing tools of any kind are evil, and must be destroyed, and 3. because of 1. and 2., there is a need for new music formats which include strong digital rights management (DRM) measures to prevent unauthorised duplication, filesharing, or other supposedly illegal activities. At the same time, having been cheated by industry players at various times during his 40-odd-year career, Fripp can hardly be described as a friend of the music industry - which he has described repeatedly as being 'fulled by greed' -, so perhaps it's not so surprising that he would take a different approach to online distribution.

Some Exploratory Notes on Produsers and Produsage

This text was one of the outcomes of my research residency at the Institute for Distributed Creativity in Buffalo and New York City in late 2005. My thanks especially to my host Trebor Scholz, and the many colleagues and students I met during the residency. (You can also watch a brief video statement on produsage which I recorded during the residency.)

 

Some Exploratory Notes on Produsers and Produsage

Introduction

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