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UC Santa Barbara UC Santa Barbara Electronic Theses and Dissertations
UC Santa Barbara UC Santa Barbara Electronic Theses and Dissertations Title A Web of Extended Metaphors in the Guerilla Open Access Manifesto of Aaron Swartz Permalink https://escholarship.org/uc/item/6w76f8x7 Author Swift, Kathy Publication Date 2017 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA Santa Barbara A Web of Extended Metaphors in the Guerilla Open Access Manifesto of Aaron Swartz A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Education by Kathleen Anne Swift Committee in charge: Professor Richard Duran, Chair Professor Diana Arya Professor William Robinson September 2017 The dissertation of Kathleen Anne Swift is approved. ................................................................................................................................ Diana Arya ................................................................................................................................ William Robinson ................................................................................................................................ Richard Duran, Committee Chair June 2017 A Web of Extended Metaphors in the Guerilla Open Access Manifesto of Aaron Swartz Copyright © 2017 by Kathleen Anne Swift iii ACKNOWLEDGEMENTS I would like to thank the members of my committee for their advice and patience as I worked on gathering and analyzing the copious amounts of research necessary to -
IP4D – Sustainable Production of and Fair Trade in Creative Expressions
IP4D – Sustainable Production of and Fair Trade in Creative Expressions Dr. Volker Grassmuck, Ph.D. contribution to the Research Workshop on Free Culture Berkman Center for Internet & Society at Harvard University Cambridge, MA, 23 October 2009 The point is not giving more to the poor but stealing less from them. (Jean Ziegler) The digital revolution provides great opportunities for free culture, i.e. cultural expressions that are free to circulate and build on. In this brief text I want to highlight three points: the overall idea of a Social Contract as well as the Culture Flat-Rate and a system of Fair Trade in creative expressions as two of its components. The guiding question is: How can a global Social Contract between creatives and society be established that ensures the freedom of culture and the sustenance of those who create it? A new Social Contract Under conditions of the digital age a new Social Contract between creatives and audiences (Grassmuck, 2008b, 2009) has to be negotiated, a new arrangement for the reciprocal „creative contributions“ by authors and by society (Aigrain 2008). The current debate on culture is focussed on property rights and their enforcement. The Social Contract is intended to refocus the debate on the issues behind the existing legal rules. The shift from the analogue to the digital knowledge order calls into question the boundaries between private and public, professional and non-professional, commercial and non-commercial. These are fundamental issues that should not be decided by case law but discussed in a broad inclusive debate by all of society based on empiric data and research. -
Intellectual Property and Entertainment Law Ledger
NEW YORK UNIVERSITY INTELLECTUAL PROPERTY AND ENTERTAINMENT LAW LEDGER VOLUME 1 WINTER 2009 NUMBER 1 MIXED SIGNALS: TAKEDOWN BUT DON’T FILTER? A CASE FOR CONSTRUCTIVE AUTHORIZATION * VICTORIA ELMAN AND CINDY ABRAMSON Scribd, a social publishing website, is being sued for copyright infringement for allowing the uploading of infringing works, and also for using the works themselves to filter for copyrighted work upon receipt of a takedown notice. While Scribd has a possible fair use defense, given the transformative function of the filtering use, Victoria Elman and Cindy Abramson argue that such filtration systems ought not to constitute infringement, as long as the sole purpose is to prevent infringement. American author Elaine Scott has recently filed suit against Scribd, alleging that the social publishing website “shamelessly profits” by encouraging Internet users to illegally share copyrighted books online.1 Scribd enables users to upload a variety of written works much like YouTube enables the uploading of video * Victoria Elman received a B.A. from Columbia University and a J.D. from Benjamin N. Cardozo School of Law in 2009 where she was a Notes Editor of the Cardozo Law Review. She will be joining Goodwin Procter this January as an associate in the New York office. Cindy Abramson is an associate in the Litigation Department in the New York office of Morrison & Foerster LLP. She recieved her J.D. from the Benjamin N. Cardozo School of Law in 2009 where she completed concentrations in Intellectual Property and Litigation and was Senior Notes Editor of the Cardozo Arts & Entertainment Law Journal. The views expressed in this article are those of the authors and do not reflect the official policy or position of Morrison & Foerster, LLP. -
The United States-Australia Free Trade Agreement and the Copyright Term Extension
A SUBMISSION TO THE SENATE SELECT COMMITTEE ON THE FREE TRADE AGREEMENT BETWEEN AUSTRALIA AND THE UNITED STATES THE UNITED STATES-AUSTRALIA FREE TRADE AGREEMENT AND THE COPYRIGHT TERM EXTENSION DR MATTHEW RIMMER LECTURER FACULTY OF LAW THE AUSTRALIAN NATIONAL UNIVERSITY Faculty Of Law, The Australian National University, Canberra, ACT, 0200 Work Telephone Number: (02) 61254164 E-Mail Address: [email protected] TABLE OF CONTENTS Preface 3 Executive Summary 4 Part 1 An Act For The Encouragement of Learning 8 Part 2 Free Mickey: The Copyright Term and The Public Domain 12 Part 3 A Gift To IP Producers: The Copyright Term and Competition Policy 27 Part 4 Emerging Standards: The Copyright Term and International Trade 36 Part 5 Robbery Under Arms: The Copyright Term And Cultural Heritage 43 Conclusion 58 Appendix 1: Comparison Of Copyright Duration: United States, European Union, and Australia 62 2 "There is a whole constituency out there with a strong view against copyright term extension and we are arguing that case." Mark Vaile, Minister for Trade (December 2003) "Extending our copyright term by 20 years doesn’t really protect our authors, yet it still taxes our readers." Professor Andrew Christie, Director, Intellectual Property Research Institute of Australia, the University of Melbourne "Perpetual Copyright On An Instalment Plan" Professor Peter Jaszi, Washington University "A Piracy Of The Public Domain" Professor Lawrence Lessig, Stanford University "A Gift To Intellectual Property Producers" Henry Ergas "Intellectual Purgatory" Justice Stephen Breyer, Supreme Court of the United States "A No-Brainer" Milton Friedman, Nobel Laureate in Economics "Actually, Sonny [Bono] wanted the term of copyright protection to last forever." Mary Bono 3 EXECUTIVE SUMMARY • The first modern copyright legislation - the Statute of Anne - was an "Act for the encouragement of learning". -
Author and Activist Lawrence Lessig
Big Money Bulletin Author and reform activist Lawrence Lessig Inside to headline WDC annual meeting on May 2 Harvard University professor and campaign finance reform crusader Page 2 Lawrence Lessig will be the keynote speaker for the Democracy Supreme Court drops another bomb Campaign’s annual membership meeting to be held on Friday, May 2. Wisconsin communities move to amend Lessig is the author of Republic, Lost: How Money Corrupts Congress Page 3 — And a Plan to Stop It and founder of the national group Rootstrikers. Change in leadership coming at WDC He is the driving force behind the New Hampshire Rebellion that started Less for voters, more for lobbyists with a 185-mile walk across the state and now is working to make sure that every federal candidate in the 2016 primaries is asked one question: Page 4 “How are YOU going to end the system of corruption in Washington, Kissing the ring in Vegas D.C.?” Lessig also is well known for his dynamic TED talks. TED stands for Technology, Entertainment and Design and is a nonprofit devoted to spreading ideas, usually in the form of short, powerful talks of 18 minutes or less. Started in 1984, the group’s mission is promoted through conferences and videos in more than 100 languages that cover topics from science to April 2014 business to global issues. Edition No. 89 This year’s WDC membership meeting is being held at Madison’s Barrymore Theatre, located at 2090 Atwood Avenue on the city’s near east side. On the Web: Registration will begin at 5:30 p.m., with the evening’s program starting www.wisdc.org at 6. -
ELDRED V. ASHCROFT: the CONSTITUTIONALITY of the COPYRIGHT TERM EXTENSION ACT by Michaeljones
COPYRIGHT ELDRED V. ASHCROFT: THE CONSTITUTIONALITY OF THE COPYRIGHT TERM EXTENSION ACT By MichaelJones On January 15, 2003, the Supreme Court upheld the constitutionality of the Copyright Term Extension Act ("CTEA"), which extended the term of copyright protection by twenty years.2 The decision has been ap- plauded by copyright protectionists who regard the extension as an effec- tive incentive to creators. In their view, it is a perfectly rational piece of legislation that reflects Congress's judgment as to the proper copyright term, balances the interests of copyright holders and users, and brings the3 United States into line with the European Union's copyright regime. However, the CTEA has been deplored by champions of a robust public domain, who see the extension as a giveaway to powerful conglomerates, which runs contrary to the public interest.4 Such activists see the CTEA as, in the words of Justice Stevens, a "gratuitous transfer of wealth" that will impoverish the public domain. 5 Consequently, Eldred, for those in agree- ment with Justice Stevens, is nothing less than the "Dred Scott case for 6 culture." The Court in Eldred rejected the petitioners' claims that (1) the CTEA did not pass constitutional muster under the Copyright Clause's "limited © 2004 Berkeley Technology Law Journal & Berkeley Center for Law and Technology. 1. Sonny Bono Copyright Term Extension Act, 17 U.S.C. §§ 108, 203, 301-304 (2002). The Act's four provisions consider term extensions, transfer rights, a new in- fringement exception, and the division of fees, respectively; this Note deals only with the first provision, that of term extensions. -
CNN/WMUR/UNH Tracking Poll -1- January/February, 2016 1
Conducted by the University of New Hampshire Survey Center Interviews with 914 adults in New Hampshire conducted by land line and cellular telephone on January 27-30, 2016 including 409 who say they plan to vote in the Republican presidential primary and 347 respondents who say they plan to vote in the Democratic presidential primary. The margin of sampling error for results based on Republican primary voters is plus or minus 4.8 percentage points and for results based on Democratic primary voters is plus or minus 5.3 percentage points. EMBARGOED FOR RELEASE: Sunday, January 31 at 6:00 p.m. CNN/WMUR/UNH Tracking Poll -1- January/February, 2016 1. (UNDECLARED / INDEPENDENT LIKELY VOTERS ONLY) “"Which Presidential primary election do you think you will vote in ... the Republican Primary or the Democratic Primary?" PROBE: “As of RIGHT NOW, which primary do you think you will vote in?” Dec. Jan. Jan. 2015 13-18 27-30 REPUBLICAN PRIMARY 48% 44% 47% DEMOCRATIC PRIMARY 38% 48% 42% UNDECIDED 14% 8% 11% CNN/WMUR/UNH Tracking Poll -2- January/February, 2016 2. (REPUBLICAN PRIMARY VOTERS ONLY:) “Have you definitely decided who you will vote for in the New Hampshire primary … are you leaning toward someone … or have you considered some candidates but are still trying to decide?” June Sept Dec Jan Jan. 2015 2015 2015 13-18 27-30 DEFINITELY DECIDED 8% 13% 18% 31% 39% LEANING TOWARD SOMEONE 17% 28% 26% 26% 24% STILL TRYING TO DECIDE 75% 59% 56% 43% 37% 3. (REPUBLICAN PRIMARY VOTERS ONLY:) "I’m going to read you the names of the candidates who are either running or considering running for the Republican nomination. -
Remixology: an Axiology for the 21St Century and Beyond
Found Footage Magazine, Issue #4, March 2018 http://foundfootagemagazine.com/ Remixology: An Axiology for the 21st Century and Beyond David J. Gunkel – Northern Illinois University, USA Despite what is typically said and generally accepted as a kind of unquestioned folk wisdom, you can (and should) judge a book by its cover. This is especially true of my 2016 book with the MIT Press, Of Remixology: Ethics and Aesthetics After Remix (Gunkel 2016). With this book, the cover actually “says it all.” The image that graces the dust jacket (figure 1) is of a street corner in Cheltenham, England, where the street artist believed to be Banksy (although there is no way to confirm this for sure) appropriated a telephone booth by painting figures on a wall at the end of a line of row houses. This “artwork,” which bears the title “Spy Booth,” was then captured in a photographed made by Neil Munns, distributed by way of the Corbis image library, and utilized by Margarita Encomienda (a designer at MIT Press) for the book’s cover. The question that immediately confronts us in this series of re-appropriations and copies of copies is simple: What is original and what is derived? How can we sort out and make sense of questions concerning origination and derivation in situations where one thing is appropriated, reused, and repurposed for something else? What theory of moral and aesthetic value can accommodate and explain these situations where authorship, authority, and origination are already distributed across a network of derivations, borrowings, and re-appropriated found objects? Figure 1 – Cover Image for Of Remixology (MIT Press 2016) The following develops a response to these questions, and it does so in three steps or movements. -
Remix My Lit M T: Creative Commons & Text
remix my lit M T: Creative Commons & Text In defining ‘web 2.0,’ Tim O’Reilly espouses the remixing of multiple sources of information, text case studies including the personal, to create rich user experiences (http://radar.oreilly.com/ archives/2005/10/web-20-compact-definition. Aduki Press: Stick This In Your html). Memory Hole 141 Nowhere is user participation in the creation of The Age Blogs 144 meaning more lauded than in the blogosphere. Bloggers are recognised to be among the ANAT Filter 145 first groups truly to embrace the CC scheme, On Line Opinion 148 and remain some of its strongest proponents. As exemplars in this field, Human Resources A New Leaf Media: The Pundit 150 consultant Michael Specht and Malaysian free John Quiggin 152 culture advocate Aizat Faiz build their writings around the desire to foster open source and free Michael Specht 155 content. This advocacy is driven by the desire to cultivate new voices and alternative viewpoints, Mike Seyfang 156 challenging the enduring corporate dominance of Remix My Lit 159 mainstream media, as aided by CC. As blogger Robin Good puts it: Strange Symphonies blog 161 ‘Web 2.0 is turbo-charging our capacity to re-establish this vibrant, participatory, people- Nevertheless, as shown in these case studies, driven, creative culture. But we the use of CC licensing on blogs is not always nevertheless face greater threats uncontroversial. Prominent Australian economist than ever to our cultural liberties, John Quiggin sparked a debate on the value of as corporations in league with CC licences to blogging, when he introduced the legislators dream up new ways licensing on his eponymous blog johnquiggin. -
THE FUTURE of IDEAS This Work Is Licensed Under a Creative Commons Attribution-Noncommercial License (US/V3.0)
less_0375505784_4p_fm_r1.qxd 9/21/01 13:49 Page i THE FUTURE OF IDEAS This work is licensed under a Creative Commons Attribution-Noncommercial License (US/v3.0). Noncommercial uses are thus permitted without any further permission from the copyright owner. Permissions beyond the scope of this license are administered by Random House. Information on how to request permission may be found at: http://www.randomhouse.com/about/ permissions.html The book maybe downloaded in electronic form (freely) at: http://the-future-of-ideas.com For more permission about Creative Commons licenses, go to: http://creativecommons.org less_0375505784_4p_fm_r1.qxd 9/21/01 13:49 Page iii the future of ideas THE FATE OF THE COMMONS IN A CONNECTED WORLD /// Lawrence Lessig f RANDOM HOUSE New York less_0375505784_4p_fm_r1.qxd 9/21/01 13:49 Page iv Copyright © 2001 Lawrence Lessig All rights reserved under International and Pan-American Copyright Conventions. Published in the United States by Random House, Inc., New York, and simultaneously in Canada by Random House of Canada Limited, Toronto. Random House and colophon are registered trademarks of Random House, Inc. library of congress cataloging-in-publication data Lessig, Lawrence. The future of ideas : the fate of the commons in a connected world / Lawrence Lessig. p. cm. Includes index. ISBN 0-375-50578-4 1. Intellectual property. 2. Copyright and electronic data processing. 3. Internet—Law and legislation. 4. Information society. I. Title. K1401 .L47 2001 346.04'8'0285—dc21 2001031968 Random House website address: www.atrandom.com Printed in the United States of America on acid-free paper 24689753 First Edition Book design by Jo Anne Metsch less_0375505784_4p_fm_r1.qxd 9/21/01 13:49 Page v To Bettina, my teacher of the most important lesson. -
U6945 Item1-A2 Poster-Prof Lessig-V2
City University Distinguished Lecture Series Speaker Professor Lawrence Lessig Roy L. Furman Professor of Law and Leadership Harvard Law School Democracy — with American characteristics Distinguished Lecture Series on Monday, 8 October 2018 at 4:30 pm at Connie Fan Multi-media Conference Room 4/F Cheng Yick-chi Building City University of Hong Kong Tat Chee Avenue, Kowloon Abstract In this talk, Professor Lessig will describe the peculiar way that the idea of democracy has evolved in America, and the challenge that creates for America and the world. Biography Professor Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School. Prior to returning to Harvard, he taught at Stanford Law School, where he founded the Center for Internet and Society, and at the University of Chicago. Professor Lessig is a founding board member of Creative Commons. He serves on the Scientic Board of AXA Research Fund. A member of the American Academy of Arts and Sciences and the American Philosophical Association, he has received numerous awards, including a Webby, the Free Software Foundation's Freedom Award, Scientic American 50 Award, and the Fastcase 50 Award. Cited by The New Yorker as “the most important thinker on intellectual property in the Internet era,” Professor Lessig has focused much of his career on law and technology, especially as it affects Enquiries: copyright. His current work addresses “institutional corruption”—relationships which, while legal, Ofce of the Vice-President weaken public trust in an institution—especially as that affects democracy. (Research and Technology) His books include: Republic, Lost v2 (2015), Republic, Lost (2011), Remix: Making Art and Tel: 3442 9049 Commerce Thrive in the Hybrid Economy (2008), Code v2 (2006), The Future of Ideas (2001), Fax: 3442 0322 and Code and Other Laws of Cyberspace (1999). -
Lawrence Lessig
TRANSCRIPT Money in Politics 2009 Conference Pre-Luncheon Keynote Presentation: Lawrence Lessig Susan Liss: I'm director of the Democracy Program at the Brennan Center and our campaign finance work falls under our side of the aisle called Democracy. I am incredibly thrilled to be working with fantastic colleagues and I really want to thank all of my colleagues who have put this program together today. My mind is just twirling on the things that we can do and we've only had one panel and two wonderful kickoff speakers. I'm here to introduce our keynote, and we are delighted and honored that professor Lawrence Lessig from Stanford Law School has been willing to fly across the country to share his knowledge with us. I know many of you are very familiar with his contributions to this field already. He is currently a professor of law at Stanford Law School and the founder of the school's Center for Internet and Society. He is one of the foremost intellectuals on intellectual property and intellectual property law and the Internet; from what I understand that tremendous knowledge base has seguewayed into a fascination and interest with these very important underlying issues involving campaign finance reform. He will be moving to Harvard to start a study on ethics and to start a center on ethics and institutional corruption in the fall. We are really very honored and so pleased to welcome him here and thank him for coming. Professor Lessig. Lawrence Lessig: Thank you very much. The advertisements for this conference said that the first keynote would provide some statistics and I, quote, "would provide slides" so here I am to provide the slides.