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Saturday, July 17, 2004:
Microsoft's new Reader for the Pocket PC
The just-released Pocket PC edition of the Microsoft Reader finally offers screen rotation capablitity between portrait and landscape views. Other new wrinkes show up, too. In the case of the roation, there's a catch. Only people with the second edition of Windows Mobile 2003 can use it. If you want this feature and a bunch of others--and don't need to be able to read Microsoft-format e-books--try Mobipocket. (Found via the pda-ebook list.)
posted by David Rothman at 8:09 PM | permanent link
Can we INDUCE the RIAA to wise up about DRM and dreck?
"John and John from They Might Be Giants speak to Newsweek about, amongst other things, digital rights management. My favorite exchange? 'How would you eat, then?' 'That’s my problem.' When are record companies going to realize that DRM isn't going to help them sell more of the bad music that dominates the airwaves?" - Slashdot. The TeleRead take: In character, the RIAA has endorsed the INDUCE Act. Would that Netfolks could INDUCE the big music studios to stop gouging people for dreck.
posted by David Rothman at 6:29 AM | permanent link
The ANTI-Bono case for longer Euro copyright terms for musicians
What? TeleRead, a pro-school, pro-library effort, is calling for longer copyright terms for British musicians and other recording artists across the Pond? Keep reading. This posting is not to support the Sonny Bono Copyright Term Extension Act here in the United States; in fact, just the reverse. An explanation will follow, but first here is some background for those late to the debate: Both Al Capone and the Sheriff of Nottingham would have loved the Bono Act, a massive transfer of wealth from the American public to rich heirs and entertainment conglomerates. It stretched out terms by 20 years, meaning that society over time would pay billions of extra dollars to the copyright elite, not the best news for the cash-strapped schools and libraries that politicians claim to support. Bono was a masterful con job on the American public and a press distracted by the Monica Lewisky scandal and less eager to cover the corporate species of copyright pirates. Buccaneering K Street lawyers claimed that Bono would simply harmonize U.S. law with legislation in Europe, where books and movies--different from sound recordings--were now protected for life plus 70 years, in the case of individual creators. Guess what: the same black hats had lobbied Europe earlier! Passed in 1998, Bono is just as repugnant now as then. Kerry-Edwards must come out against this misbegotten law if these friends of Jack Valenti are to show they are not wholly owned human subsidiaries of the Motion Picture Association of America and allies such as the Recording Industry Association of America. Our cowardly media have wimped out in failing to make Bono an election issue in the wake of the many millions that Hollywood has thrown at members of both parties, especially Kerry-Edwards and others of my fellow Democrats (just big D, not small d, alas). Fair treatment of creators, however, is also essential if we are to have balanced copyright law. That is why I personally--I do not necessarily speak for my friends in the public domain movement--believe that 50-year Euro terms for recording artists are too short. A Billboard story out of London is what prompts my comments:
Fifty years after it was first released in the United States, Elvis Presley's "That's All Right" is a hit in Great Britain. The single entered the British charts last week at No. 3. But for BMG, thecompany releasing the track, the celebration might be short-lived. If there are no changes in European copyright law, the track will fall into public domain Jan. 1, 2005. Anyone will be able to release it without paying royalties to the owners of the master or the performer's heirs. BMG will start losing a significant piece of its catalog income in Europe. As "That's All Right" is being hailed by some as the beginning of rock 'n' roll, the implications are that every year after 2005, more recordings that defined the genre will fall into public domain. In the United States, BMG will continue to own the rights to the recording. Under the 1998 Sonny Bono Copyright Term Extension Act, sound recordings are protected for 95 years from the day of recording in the United States--for post-1976 recordings, coverage is the artist's life plus 70 years. In most of the European Union, the duration is 50 years after the first release of a sound recording. The Elvis case illustrates the importance of the issue for record companies in Europe. It also highlights the discrepancy between Europe and the United States. "I regard this week's anniversary as a wakeup call and a call to arms to step up a gear or two in our campaign to lobby for a similar term in the EU," said Peter Jamieson, executive chairman of British Phonograph Industry, in a recent speech. Jamieson added, "The end of the sound recording copyright on the explosion of British popular music in the late '50s and '60s, not just the Beatles, but many other British artists, is only a short period away. If nothing is done they will suffer loss of income not just for their sales in the U.K. but their sales across the globe." So does this mean Europe should "harmonize" with Sonny Bono in the case of sound recordings? Absolutely not. Bono-level terms are overkill and bad not just for the U.S. public but also for creators themselves, who, as shown by Walt Disney's films, often thrive on adapatations and well-digested borrowing of each other's works. But a case can be made for stretching out sound-related copyright past 50 years in the U.K. and elsewhere so that at least works will be protected during the lives of recording artists and some decades beyond, so as to help surviving members of their families. Fairness is key. One compromise in Europe and the States could be copyrights lasting life plus 50 years for individual creators, the pre-Bono length in the U.S. That would not mean creative incentives for musicians, writers and other--do you really think that starving novelists and future rock stars consult with estate attorneys?--but would be an act of fairness. Most works are not of monetary value after five decades. But a need exists for balance even in the case of rich Elvis heirs. The life+50 approach could happen without creating a copyright gentry--Michael Hart's frightfully descriptive term--which appears to be the goal of Jack Valenti, Mary Bono and other Tories who believe in eternal or near-eternal copyright. Also, keep in mind a condition that any extension should have. Past a certain time, maybe 50 years, copyrights in any country should not remain in effect without payment of taxes, as Stanford Law Prof. Lawrence Lessig and others have wisely recommeded. That way, obscure works without anyone's continued financial interest in them could still enter the public domain. As for copyrights owned by corporations, 50 years is sufficient for the U.K. and elsewhere, or maybe the pre-Bono 75 years that we had in the States. Furthermore, given the pressure of many rapacious dark suits to coerce creators into work-for-hire arrangements that deprive them of long-term ownership, I would love to see copyright law changed to punish abusive treatment of writers, recording artists and others. Terms should be far shorter for corporations with more than a certain percentage of work-for-hire deals with creators. If corporations really care about recording artists as something more than flesh-and-blood revenue centers, a dubious possibility, then they will not mind. Meanwhile, let's hope that people in the international public domain movement will understand the advantages of terms longer than 50 years for creators of all stripes--just so the tax wrinkle is in effect, and just so the extensions are not done to the point of Bono-level theft. If we are to make the case for balanced copyright law and respectful treatment of creators, then we need to live up to our own rhetoric. The more credible our side is, the more effective we can be against the move to Bono-ize the lengths of the terms for recordings in the U.K. and on the Continent. Update, July 17: My friend Jon Noring of Project Gramophone reminds me that it's important to remember other nuances such as the fact that corporations in Europe, not just the U.S., own just about all rights to sound recordings. One also needs to consider factors such as rights to ownership of compositions and lyrics, which the musicians in many cases will not own. Agreed! As a matter of principle I want the actual human creators of all kinds to enjoy rights longer than 50 years, however, even if they are just a minority right now for all practical purposes within the world of sound recordings. One great idea Jon has is that after a certain period of time, rights for corporately owned material would revert to the artists or their estates. I love that concept as long as there are ways to for the individuals involved to be easily contacted by people wanting to use material; the Lessig tax idea would help. If the material were still popular, the artists could simply sell the material back to the studios. More on this and Jon's other thoughts in the next few days. If nothing else, I want to discuss the retroactivity issues of sound recordings which are now public domain--and the evils of applying copyrights retroactively to PD material. In the original essay, I should have explicitly said I did not want retroactivity--given the threat of the applicability of the idea to other parts of copyright law. The last thing we need is for heirs of, say, Dickens to suddenly start siphoning off cash from schools, libraries and the rest of us. While I favor longer than 50-year terms for creators of all kinds, I want this to happen within disrupting the very concept of a meaningful public domain. As a European compromise to the recording companies, there might be an Elvis exception through which material from Jan. 1, 1953, on could still covered by extension. But hopefully there would be ways to rationalize this as a one-time matter.
posted by David Rothman at 1:02 AM | permanent link
Friday, July 16, 2004:
If you really want a Librie...
...you can get one for $489US from Japan Direct, complete with a manual in Japanese, as well as the now-famous "170dpi 800x600 reflective display." Ah, but there's a nice wrinkle: "Contact us if you are interested to supply English conversion instructions." Just be very clear about the DRM and format limitations, and about the true meaning of the preceding sentence. Meanwhile, from Tokyo, Wall Street Journal writer Phred Dvorak (related to John?) joins the chorus of complaints against the Sony's DRM and also has other gripes such as the about the book selection: Where the Librie really fails is in its handling of digital content. It can only view content that comes from a site run by Publishing Link, a Sony-affiliated company with investments from most of Japan's big publishers. Users download digital books to their computers from there and then transfer them to the Librie, but only about 600 are available. What's more, your right to that content expires after 60 days. The only English-language books I saw being offered were textbooks.
The rental model keeps prices relatively low. I paid 315 yen ($2.89) to "rent" the autobiography of comic artist Shigeru Mizuki, which was selling for 609 yen ($5.60) new on Amazon Japan. Still, even at $2.89, a major problem arises: the denial of a basic right--to own books. We'll see what the U.S. version does if or when it appears. Detail: Over on the Librie list, Sven Neuhaus says the price directly from Japn appears to be less than 40,000 yen, or $365. Meanwhile list members continue to compare hacking notes in their efforts not to steal copyrighted material but rather to be able to read books of their choice. One member's thinking is focused on the possibility of an internal serial port as a point of entry for making consumer-friendly tweaks.
posted by David Rothman at 8:51 AM | permanent link
Microsoft's antique browser: The e-book angle
One of the biggest reasons for the OpenReader initiative is that current Web browsers just are not right for reading e-books. You can only scroll, for example, rather than pressing a PgUp or PgDn and ending up at what's truly a previous or next page in the traditional book sense. Hacker-prone Internet Explorer, especially, is showing its age. In a wild column, John Dvorak has made some interesting arguments suggesting that Microsoft may eventually decide to shut down. Not sure about that, but guess what: He uses the antique browser as a core argument in suggesting that Microsoft can't do R&D well:
The company is already saving a tremendous amount of money by offshoring jobs and using cheap H1-B visa holders for U.S. jobs. This is well documented. So what does Microsoft do with the profits besides bank them? It talks a big game about R&D but its most mundane product, the Internet Explorer browser, is full of holes and is essentially a bunch of cobbled-together old code. Here's an interesting exercise for you: Open Internet Explorer. Go to Help, then About, and you'll see that Microsoft still acknowledges that Internet Explorer is the old Spyglass browser based on Mosaic. This was thrown together years ago. Then look at the copyright notice. It ends in 2001. Unless I'm mistaken, that means that there has been no real update since then, just patches. To get a bigger laugh, click on Acknowledgements and see how long you can endure the laundry list of people who worked on the code. It's as if the entire state of Washington did some coding. Why?
The fact is this software, which has been mostly stagnant since the marginalization of Netscape, is just coasting. So where is all the R&D? I don't see it. In fact, I see the entire company coasting along making more and more money with possibly one concept ahead: to close down. It will be interesting to see if Microsoft can truly reinvent the browser. If not, that could be bad news for shareholders, but good news for the world of open source. Detail: OpenReader is not a replacement for a Web standards browser. But the shortcomings of the present browsers--well, IE at least--are one reason why we should be looking ahead to new ways of reading e-books. The present proprietary e-book reading systems, of course, are also not the answer, given such problems as lo-fi typographical reproduction and insufficient control for the reader (not of the reader!).
posted by David Rothman at 5:05 AM | permanent link
Think Kerry and Edwards don't pal around with Hollywood lobbyist Jack Valenti? Here's proof
First, a caveat. Washington runs on friendships. Nothing evil there. So I will not condemn John Kerry or John Edwards simply for being buddies with Hollywood lobbyist Jack Valenti. What does annoy me endlessly, however, is that Kerry and Edwards are stoningwalling us on copyright matters and refuse to speak out against such Hollywood-bought wonders as the Sonny Bono Copyright Term Extension Act, the DMCA and other beauts. That, not their mere friendship with Valenti, is why I'm reproducing some material from Sharon Theimer's Associated Press story of March 1, 2004:
Edwards' portrayal of himself as a Washington outsider annoys the Democratic front-runner, John Kerry, who pointed out in a debate Sunday that Edwards has been in the Senate for the past five years: "That seems to me to be Washington, D.C.," Kerry said... Edwards accepted $2,000 from Mary Margaret Valenti, wife of top Hollywood lobbyist Jack Valenti, head of the Motion Picture Association of America. The Valentis also each gave $2,000 to Kerry."I can tell you without a doubt they are both friends and friendly with both the Kerrys and the Edwardses," MPAA spokesman Rich Taylor said of the Valentis.
Now combine the above information with the $5 million that Kerry-Edwards received from a recent Hollywood-organized fund-raiser. Also factor in the so-far-unexplained $900,000+ donation that Edwards' New American Optimists PAC got from a producer who relies on the goodwill of the motion picture industry. Don't Kerry and Edwards owe us a statement on Bono, the DMCA, and the new and outrageous Inducing Infringement of Copyrights Act? If nothing else, I'd like Edwards, the supposed Washington outsider, to stop his Clintonian hair-splitting. As reported by AP:
While Democrat John Edwards boasts that he hasn't taken a dime from Washington lobbyists for his presidential campaign, he has accepted thousands of dollars from individuals or groups registered to lobby in Washington, or their spouses and children. The lobbyist givers range from former Clinton White House chief of staff John Podesta to the head of the National Education Association, the nation's premier teachers' lobby, an Associated Press review of Edwards' campaign finance reports found. Edwards' campaign said it accepted the money because the donors weren't registered to represent a specific client at the time of their donation, even though they may have been listed as Washington lobbyists beforehand or afterward. "Senator Edwards' policy is to refuse money from people who might lobby in front of him or other government officials," campaign spokeswoman Kim Rubey said. Hmm. So Valenti and friends were outside that category? This is legalistic insanity of an only-in-Washington magnitude. Detail: Valenti will continue as CEO of the Motion Picture Associaton of America until September 1 when Dan Glickman takes over.
posted by David Rothman at 4:27 AM | permanent link
Thursday, July 15, 2004:
New York Times Web mess: The pitfalls of a closed approach--and a lesson for e-bookers
The New York Times site is one of the most popular on the Web, given the richness of content there. But in search engine ranking, it's a laughingstock. A Times article on a certain topic may be hundreds of listings down from those of rival publications. Why? Because the Times has insisted on a closed approach--with password registration and expiring pages.
The e-book parallels
No, this isn't the same as proprietary formats for e-bookdom, but there is something important that the Times has in common with them: balkanization. It's broken the unity of the Web. Plus, the Times is protective of its relationship with Lexis-Nexis--Proprietary Central--and charges readers an outrageous $3 an article. That's definitely in the spirit of those $25 e-books. Short-term profits count more than the long term.
If the Times and other publications stick to the closed approach, they may find themselves overtaken by more nimble rivals--including some from outside the existing newspaper industry.
The Gaston atrocity
The Times at least has the advantage of a global reputation to compensate for its ineptness in the search engine world. Most other papers don't. Among the very worst is a North Carolina atrocity named the Gaston Gazette, which charges readers for a PDF version and makes a fraction of its contents available via the usual Web. When my wife dropped by it the other day, the Gazette insulted her further by covering most of the home page with a pop-up ad for a political candidate at his desk. "Whenever you returned to the home page," recalls Carly, "it popped up again. Once was not eough." So while I'm grouchy about the Times, the Newspaper of Record could be far worse. It's just that the Times also could be far better without expiring pages and the like.
Digital economics vs. the Times
In Searching for the New York Times, a story in Wired News, New York University Asstistant Journalism Professor Adam L. Penenberg observes about the Times: The economics of digital media are certainly working against it--even though Nielsen ranks The New York Times on the Web as the No. 1 newspaper site on the Internet. (And contrast the Times with the Tribune, which spent $600 million to develop an online presence, without much to show for it.) The Times attracts 9 million unique visitors a month, while only about 1 million read the daily paper. But the dot-com makes a scant $11 per user, while the printed paper earns the Times a whopping $900 per reader (in subscription fees and advertising). One problem: Readers often are far more interested in individual articles than in a whole paper. I'm an example. I no longer subscribe to the Washington Post except on Sundays. RSS items are a far more efficient way to keep up with what I want. I do miss articles but more than make up for this in saved time.
Penenberg compares entire newspapers to record albums, which, on the Net, are less popular than individual downloads. That would be a lesson for e-bookers offering or thinking about subscription plans. Subscriptions are a great idea, but readers should also have the option of limiting choices to individual books.
The search engine advantages of a TeleRead-style approach: A coherent national digital library in the TeleRead vein could make it much easier to find newspaper articles and books alike.
Related: The New York Times link generator--a way for bloggers to help readers bypass the expiration process. Alas, it isn't as fast for bloggers as direct linking, but I'm glad it's around; I may use it in the future.
(Wired News article found via LISNews.)
posted by David Rothman at 5:20 AM | permanent link
Reagan, Clinton biggest draws for Questia e-library users in June
"The death of President Ronald Reagan and President Bill Clinton's newly published memoirs not only occupied national news in June but also occupied the mindshare of ebook readers and their online research habits." - News release from Questia Media.
Details: Below are ten of the top 20 books from the research-oriented service: 1. "Ronald Reagan: The Great Communicator," by Bernard K. Duffy. Greenwood Press, 1992.
2. "We Now Know: Rethinking Cold War History," by John Lewis Gaddis. Oxford University Press, 1998.
3. "Writing with Power," by Peter Elbow. Oxford University Press, 1998.
4. "The Clinton Legacy," by Colin Campbell. Chatham House, 2000.
5. "Classic Cult Fiction: A Companion to Popular Cult Literature," by Thomas Reed Whissen. Greenwood Press, 1992.
6. "The Cold War: The United States and the Soviet Union, 1917-1991," by Ronald E. Powaski. Oxford University Press, 1998.
7. "Domestic Violence: Facts and Fallacies," by Richard L. Davis. Praeger, 1998.
8. "Buddhism: A Very Short Introduction," by Damien Keown. Oxford University Press, 1996.
9. "Exit with Honor: The Life and Presidency of Ronald Reagan," by William E. Pemberton. M.E. Sharpe, 1998. According to Questia, the company now offers "over 49,500 books and 392,000 journal, magazine, and newspaper articles." The collection is still just a fraction of the size of a good public library, but given the low survival rate of e-book companies over the years, we're glad that Questia is still around, period. Needless to say, a standardized consumer format for the industry could reduce costs and increase readership and contribute to Questia's prosperity and other companies'. That's a good part of what the OpenReader Consortium is about.
Related: Open eBook bestseller list for June. Once again, The Da Vinci Code led this list, as well as the list from eReader.com. Librarian readers may be interested in the role that an Ohio University librarian played in the research for the book.
posted by David Rothman at 4:52 AM | permanent link
E-books: A CyberKey to more underperformance
Those proprietary DRM people won't stop. CyberKey is talking up an "agreement with EMI Recorded Music Holdings, Inc. (EMI) for digital music and video content" as well as other varieties, including e-books. Jim Plant, CyberKey founder, tells about "investing resources for some time into our proprietary patent pending DRM technology." He's hoping that a number of convent providers will sign up.
Alas, CyberKey is hardly the only company with this approach. What this means is that consumers will have to deal with yet more complexities--the last thing that content providers need, especially e-book publishers.
Of course, if an e-book consortium in the vein of Digital Radio Mondiale starts up and Jim Plant wants to contribute to a common standard, he'll be most welcome. But please--e-books need less balkanization, not more. A confusing maze of DRM schemes and related formats is one of the major reasons why revenue from e-books is a mere $20-$30 million a year globally, a fraction of sums once predicted.
Simply put, Plant's proprietary approach is a CyberKey to more confusion for consumers and underperformance for investors in e-book-related endeavors. It would be wonderful if he were open-minded about a OpenReader alternative picking up the best lessons from Digital Radio Mondiale.
posted by David Rothman at 4:30 AM | permanent link
Wednesday, July 14, 2004:
The Hollywood-Edwards connection: Senator's Judiciary Committee role merits close scrutiny if Valenti statement applies
So far neither Sen. John Edwards nor Steve Bing has told why the Hollywood millionaire gave at least $900K to Edwards' New American Optimists Political Action Committee--very early on in the presidential campaign. Remember, Edwards sits on the Senate Judiciary Committee. It has jurisdiction not just on copyright matters but also on consumer and anti-trust ones, and all those topics could figure in discussions of such issues as the Digital Millennium Copyright Act, a competition killer.
Lest anyone doubt the importance of the House or Senate Judiciary Committee to Hollywood, here's a snippet from a recent Washington Post story about Dan Glickman's succeeding Jack Valenti as head of the Motion Picture Association of America:
Valenti said that after a months-long search, the seven studios unanimously chose Glickman from a field of 25 candidates and offered him the job on June 25. Two reasons stood out for the choice, he said: Glickman's international experience while he was a Cabinet officer and his familiarity with Congress, especially his membership on the House Judiciary Committee, which handles copyright matters. No, Valenti's statement to the Post presumably did not mention Edwards in the slightest. But the applicability is clear. Membership on the House or Senate Judiciary Committee matters plenty to Hollywood. Time for the press to do its job? Mere lists of Edwards' contributions don't count. In journalism, the big questions are "who," "what," "why," "when," "where" and "how." So far I don't see any meaningful "why" about those donations from Bing, a creature of the copyright industries.
Keep in mind that even merely as vice president, not president, Edwards could influence Internet policy just as Al Gore did. Under Clinton-Gore, copyright lobbyist Bruce Lehman continued to act out his old professional role while serving as the Clinton Administration's intellectual property czar for cyberspace. I testified at a Lehman-run hearing on copyright and saw how stacked the odds were against consumers. Hence my intense interest in Kerry-Edwards copyright policy.
Meanwhile I'll make no accusations of illegality but just express some essential curiosity. Both Edwards and Steve Bing, one of the biggest contributors to the Democratic Party, owe us an accounting. One must keep in mind that Bing snared some major contracts from a branch of Time Warner. Did anyone directly or indirectly suggest to Bing or his business managers or other contacts that donations to Edwards would be very good for the producer's career?
The matter isn't just whether Edwards has written or will write any pro-Hollywood legislation. Rather it is what he won't say. The People's Senator refuses to take a stand on the DMCA or the sleazy Sonny Bono Copyright Term Extension Act despite all his pro-consumer rhetoric.
I find Edwards' silence to be most disappointing and disquieting, given the many billions that just the DMCA alone could cost the public by threatening third-party service contracts on, say, computerized cars that required service people to bypass copy protection. The same holds true of Kerry, whose 22-year-old policy advisor for the Internet--so he's said to be!--is stonewalling me on Bono and the DMCA. Meanwhile the media would also do well to question Edwards and Kerry very closely about their exact position(s) on the Inducing Infringement of Copyright Act.
Some copyright context--especially Bono-related
Reminder: No right-wing conspiracy here. I'm a lifelong liberal Democrat who, given the alternatives, will hold his nose and vote for Kerry-Edwards in November. Sad that our so-called democracy has come to this. As I've said before, however, I'm a great believer in redemption. My goal here is not to hurt Kerry-Edwards but to encourage them to care more about education and small business than about the special interests benefiting from Bono and the like.
None other than Forbes Magazine publisher Steve Forbes feels that Bono is excessive. Bono even prevents schoolchildren from being able to download copies of the Great Gatsby (1925) from, say, Project Gutenberg--run on servers in Edwards' own state. Why isn't the People's Senator speaking out for repeal of the Bono Act or at least mitigation of it through the proposed Public Domain Enhancement Act, about which Stanford law professor Larry Lessig has almost surely briefed him? Edwards and his wife, Elizabeth, an active campaign participant, a UNC law school graduate and a self-described lover of literature, might also want to consider the idea of another Bono countermeasure, the Walt Disney Text Access Act.
Big corporations and rich heirs, not typical writers, are the main beneficiaries of such special interest legislation like Bono. Talk of creative incentives for authors is bunk when it comes to Bono. All the laws in creation won't make Scott Fitzgerald leap out of his grave to finish The Last Tycoon--or reincarnate North Carolinian Thomas Wolfe who died just shy of 38. But the wrong laws will interfere with the use of cyberspace to educate future Fitzgeralds and Wolfes, and the "People's Senator" needs to take a stand.
Thomas Wolfe once wrote a novel called You Can't Go Home Again. Perhaps, however, in serving the copyright needs of the Tar Heel state and other nonglittery regions, instead of wimping out on Hollywood-bought legislation, Sen. Edwards can be an exception.
Related: Mickey's Mine!, from Forbes, which ran a wonderful table showing how Bono wreaked havoc on the public domain. The table tells when works such as Gatsby would have been free if it hadn't been for this special-interest legislation. Also see Term Limits for Copyright--scroll down a screen or so--where Steve Forbes says: "It is fitting and proper that your creations be protected by law for your lifetime and a reasonable period afterward. But there is no justification for what Congress has been doing: transforming a limited monopoly into an unlimited one. Creativity and culture are enhanced by having works ultimately become public domain, particularly with the advent of the Internet."
Update, July 18: Read Think Kerry and Edwards don't pal around with Hollywood lobbyist Jack Valenti? Here's proof. Next consider Edwards' famous "two Americas" speech. Ideally both Kerry and Edwards will oppose the Hollywood-bought copyright laws that so directly benefit Jack Valenti's well-connected clients at the expense of the "forgotten" America. Just what is dearer to John Kerry and John Edwards? Affordable knowledge for young students in urban ghettoes, mountain hamlets and decaying mill towns--or multibillion-dollar copyright giveaways for their friend Jack Valenti?
posted by David Rothman at 9:30 AM | permanent link
Needed: A public list of Kerry-Edwards' REAL advisors on Net and copyright matters
Brian Levine, shown in this photo of Kerry policy advisors, is all of 22 years old. Maybe he's handling Net policy as his colleagues assure me. If so, however, how much rubber stamping is he doing? The Net comes with all kinds of technical, legal, economic and diplomatic complexities, and I'd love to know which Power People may be pulling his strings directly or indirectly. Any campaign donors with Hollywood connections?
Suppose Kerry-Edwards wins. Will K-E be more scrupulous in including representatives from schools, libraries and consumers in Internet policy bodies than the Hollywood-pleasing Clinton Administration was at times? Or will the RIAA and the MPAA set copyright policies as is happening, too, under the Bush Administration? Today's Washington Post is running an article called Kerry's Inner Circle Expands: Campaign Team Encompasses a Growing Army of Policy Advisers. I see a reference to the existence of dozens of Kerry advisory groups. So will Kerry publish the lists of the groups' members, especially those in Net-related areas? How much attention will he pay to schools and the rest, as opposed to the Hollywood crowd that dominated Clinton's 37-member National Information Advisory Council (with just one educator and one librarian included).
Mere body counts, of course, aren't enough. This is just a dream, but I'd love to know how much time a wunderkind like Levine is spending reading memos from Jack Valenti types and investment bankers vs. librarians, educators and the rest, including hardcore techies with pronounced concerns beyond commercial ones. And if Levine is spending so much time looking beyond the commercial interests, why isn't K-E speaking out against Bono, the DMCA and the Inducing Infringement of Copyright Act?
posted by David Rothman at 9:15 AM | permanent link
Copyright for Dutch murderer who charges for some blog content?
From inside a Dutch prison, a double murderer is serving up a blog and charging for content. He is not online directly but relies on visitors to get his story out. The Register reported earlier this year: The blog itself isn't particularly controversial. Martin K. basically describes life in prison with no reference to his killings. But what has aggravated many is that it offers premium content. To access any of his police dossiers you have to pay, listening to a distressing phone call from a witness of one of his killings. Accessing a picture of his victims requires a fee too.
Some Dutch blogs have copied the premium content and made it available for free to prevent Martin K. from further profiting from his site. As none of this material is copyrighted, there is little he can do about it. But what happens if he does try to copyright future content that he originates? Should he be allowed to? Is it time for a Dutch Son of Sam law that applies not to revenues per se from criminal acts, but rather to the very right to copyright material about them? No comments one way or another from me right now. Opinions welcome.
Detail: I'm basing the above facts on an April article, so some or all of the above information could no longer apply. Updates, anyone?
posted by David Rothman at 3:26 AM | permanent link
Tuesday, July 13, 2004:
Why can't e-books be like international digital radio?
The initials "DRM" actually can stand for something unequivocally positive--at least if it's the Digital Radio Mondiale consortium, which began in '98 to harmonize international digital broadcast standards.
DRM, complete with its open-source business model, is just what Jon Noring and I and others have in mind for the OpenReader consortium. DRM in this case means that if a consumer buys a DRM-compliant radio, he or she can reliably enjoy music and news from a radio station observing the standard--quite a contrast to the balkanized e-book world, where Microsoft-format e-books are just gibberish to, say, Adobe Reader software. Guess what? Among the biggest supporters of the white-hat DRM is Sony, the maker of the super-proprietary Librie e-book system. A few details: Since DRM’s Inaugural Broadcasts in June 2003, more than 50 broadcasters have started transmitting their daily, weekly or periodic DRM programs. In August 2003, DRM and the World DAB Forum announced their cooperation, paving the way for DRM- and DAB-capable receivers. And Sony has committed to help expand the markets for digital radio in Europe, pledging its active support in the commercial sectors of both DRM and the World DAB Forum.
With clear, near-FM quality sound and excellent reception that offers a dramatic improvement over analogue, DRM will revitalize radio in markets worldwide.
Some DRM receivers and equipment are already available to broadcasters and consumers, with more expected throughout 2004. Oh, and you'll notice that DRM came about during the late '90s. Just think how far along the Open eBook Forum would have been by now if it hadn't let proprietary software systems prevail.
Detail: The digital standard offers high-fidelity sound, of course, and user friendliness. By contrast, e-books suffer from either lo-fi typography (eReader) or lack of ease of use (Adobe PDF, especially on PDAs). Systems like eReader were designed for use on puny PDAish machines with bad displays. Alas, this limits eReader on better machines.
Speaking of PDAs: The DRM people are eagerly looking ahead to the era of wide-area broadcasts to PDAs. Let's hope that the greedsters from the RIAA don't thwart the spread of this technology here in the States. It could mean a virtually unlimited number of channels, except there would be so many choices that the term "channel" would be obsolete.
posted by David Rothman at 3:35 PM | permanent link
The Storage Tek case: How can Kerry-Edwards not speak out against the anti-consumer DMCA and the rest?
You make tape drives and you don't want third-party maintenance companies to compete and make it harder for you to overcharge customers? You've got a dandy weapon in the DMCA, at least if a preliminary injunction holds up for Storage Tek. The same concepts, of course, could apply in more consumerish areas such as increasingly computerized automobiles. We're talking about billions and billions in future consumer gouges.
Where is Kerry-Edwards on the DMCA and the proposed Inducing Infringement of Copyrights Act? Perhaps too busy sucking up to Hollywood campaign donors and others interested in Draconian copyright law.
(Details on StorageTek case from CNET.)
posted by David Rothman at 2:12 PM | permanent link
New voices for the dead: The library angle
"A new technology under development in Berkeley could help thousands of long-dead Americans to 'speak' again." - San Francisco Chronicle, via LISNews.
The TeleRead take: "So," an LISNews reader asks, "how do you think your CD's and DVD's are going to look in 40 years?" The same issues arise in the case of e-book preservation. Another argument for a library-style approach with due attention paid to archival issues from the start? The questions won't just be about physical preservation but changing formats and DRM-related access problems for future generations. Needless to say, OpenReader could help in both those areas.
Related: Delete our cultural heritage? (The Telegraph, via LISNews.)
posted by David Rothman at 12:42 PM | permanent link
Monday, July 12, 2004:
Naderites interested in Edwards-Hollywood connection
A Nader campaigner listened with interest to the grubby details of John Edwards' $900K in so-far-unexplained PAC gifts from Hollywood producer Steve Bing. Will something happen? I don't know; but so far, so good.
Given the indifference of most in the media to the buyability of Congress, I'm delighted that we don't have just a Coke-Pepsi choice. "Minor" party candidates could be a great media bypass. I myself will most likely just hold my nose and vote for Kerry-Edwards--because I'm so eager for at least some change in Washington in the near future. But I'll certainly understand the motives of those who do vote for Nader as a protest against DC's sleaze. "Minor" parties are not a nuisance. They are a "must" as a precaution against the smugness and moral lapses of Republicans and Democrats alike. I wish Nader luck in qualifying for ballots in all 50 states so voters can more easily act out their convictions.
Sorry, Kerry-Edwards people. If you want my full support, not just my vote, then you need to speak up for citizen-consumers in net.copyright matters rather than wimping out to reel in more millions from Hollywood. I'm less interested in the details of the Bing donation--however much they might reveal about our political system--than in a consumer-friendly stand on copyright. It is actually more risky for Kerry-Edwards not to take a chance on incurring the wrath of Washington's powerful lobbyists. Believe me, I haven't been that far removed from just sitting out the election. Candidates' lobbyist-bought wimpiness on crucial issues is no small reason why so many Americans do not vote. I'd love for Kerry-Edwards to be an exception among pols.
Interesting detail about PAC donations to Edwards: Several hundred thousand of the money raised in 2002 by the New American Optimists PAC went to State Democrat Parties whose members potentially could be Edwards' allies in Iowa and New Hampshire. Forget all the BS about PAC money not being campaign money. In Edwards' case, the lines were thin enough to be meaningless.
Related: Still wanted: Copyright answers from John Kerry's policy people in photo below.
posted by David Rothman at 4:00 PM | permanent link
Why Tablet PC prices are so high--with e-books suffering
Tablet PCs are still more expensive than they should be, and one reason is the cost of the operating system. But Microsoft, to its credit, is said to be considering more rational prices. If that happens, e-books should benefit--given the ergonomic advantages of the tablet form factor. Good embedded linux tablets from a variety of vendors wouldn't hurt, either! (Via Engadget.)
posted by David Rothman at 3:39 PM | permanent link
Next? Copyright zealots to make Amazon illegal?
Well, I doubt that. But already some are comparing Amazon to the old Napster just because it features used books along with new ones. Talk about whining, unimaginative industries. All too often publishers--and, yes, authors--remind me of buggywhip makers.
A TeleRead-style approach could send millions of extra dollars in the direction of books and literacy. But certain trogs in publishing care more about fighting the old copyright wars than about teaming up with librarians and others to come up with newer and more profitable business models. (New York Times (reg. required) Via LISNews.)
posted by David Rothman at 9:43 AM | permanent link
Graphic novels, e-books and the literacy crisis
"...there is something like a critical mass of artists, young and old, uncovering new possibilities in this once-marginal form, and a new generation of readers, perhaps, who have grown up staring at cartoon images on their computer screens and in their video games, not to mention the savvy librarians and teachers who now cater to their interests and short attention spans." - Charles McGrath in the New York Times Magazine, writing on graphic novels.
The TeleRead take: Pain text alone won't cut it these days. Alas, McGrath is right about the need to cope with short attention spans. Furthermore, as shown by Art Spiegelman's Maus, the graphic novel has potential as art. OpenReader will strive to be responsive to the needs of graphic novelists, among other creators. What's more, I believe that well-chosen movies with conspicuous book tie-ins could be one way to use a well-stocked national digital library system to build interest in traditional e-books that contained only text or just a few illustrations. The Oprah effect, you know. One way or another, we have a literacy crisis on our hands when it comes to young people's appreciation of plain old text--and even adults' appreciation. We'd better act. And not while letting graphic novels displace traditional novels!
posted by David Rothman at 9:04 AM | permanent link
Will Ralph Nader fight Bono, DMCA, other anti-Net laws?
Ralph Nader presumably wants to stand apart from the pack and fight the special-interest laws that big media bought. Even more important, core principles count. So he would do well to consider speaking out against the Sonny Bono Copyright Term Extension Act, the DMCA and other anti-Net, anti-consumer measures that will cost the public many billions and reduce the free flow of information needed in our democracy.
The Kerry-Edwards people claim to be for the small guy, but refuse to take meaningful public stands on the above legislation--all while pocketing millions and millions in campaign donations from Hollywood. An Edwards PAC received more than $900,000 from just one Hollywood producer early in the campaign, and yet neither the "People's Senator" nor producer Steve Bing would offer me an explanation despite Edwards' supposed interest in campaign reform. Perhaps Ralph Nader can press them for the full story--assuming that he does care nowadays about copyright. I'd hope so.
Zero mention of copyright debate
Alas, however, when I searched through the VoteNader.org site today under "Bono" and "DMCA", I could not find one copyright-related item. Even the word "copyright" brought forth just "All rights reserved internationally..." Did I miss something?
Just what's up, Ralph? You endorsed John Edwards--who sits on a copyright-related committee in the Senate--as John Kerry's vice presidential choice. Perhaps you can now hold him accountable for his stands or lack of stands on copyright. Given all the free speech and economic implications, not to mention the educational and cultural ones, I'd hate to think that balanced copyright was at the bottom of your priorities. Maybe if you speak out, the Kerry-Edwards people can catch up. For that matter, perhaps even the White House can listen to law professor's blogger Glenn Reynolds and understand that the real political payoff could be in doing the right thing. But I'd especially like to think that at least a little conscience survives among my fellow Democrats.
Getting Democrats to be democrats again
When it comes to the entertainment business, Democrats, not Republicans, tend to collect the most dollars. Part of this has to do with the liberalism of Hollywood. But mightn't part of it be that the Democrats have struck a Faustian bargain with Hollywood greedsters? Here is a chance for Nader to help the Democrats be democrats again and say no to past and future special-interest legislation.
Via existing laws and new threats like the INDUCE proposal, the standard corporate interests are trying to rewrite the rules at the expense of our liberties, cultural heritage and pocketbooks. Ralph Nader's participation in the counterattack would be most welcome.
Related: Glickman Rex, LA Times columnist Michael Kingsley's dissection of Washington's infatuation with powerful Hollywood lobbyists. We've reached the point where pols are asking for favors from lobbyists rather than the other way around. I live across the Potomac from DC, and even from here, the smell is overpowering--part of the general pollution. In the two parties' attitudes toward copyright, we have a Coke-Pepsi choice of tainted water. What better example for Nader to use in his efforts to be Dr. Pepper? For a general overview of the issues, his people can read Free Culture if they haven't already.
posted by David Rothman at 6:56 AM | permanent link
Sunday, July 11, 2004:
Hollywood-bought law stars in professor's nuts-and-bolts guide to Washington sleaze
Wanna be an influence-peddler and make big bucks lobbying Congress against the public interest while the press snoozes? Or do you just want to learn more about how Washington screws the rest of humanity? With perhaps the Sonny Bono Copyright Term Extension Act as a prime example?
You could do worse than to study a Powerpoint presentation by Daniel Diermeier, IBM Professor of Regulation and Competitive Practices--and former director of the Ford Center for Global Citizenship at the Kellogg School of Management at Northwestern University. Sorry for that mouthful. But it's rather germane since Diermeier is hardly a Naderite and consults for Fortune 500 companies--and yet still describes copyright extension as the beneficiary of pubic ignorance. Major publicity, he said, would have focused "on the extent to which Disney" was "buying legislation that is harmful to public interests."
Matter of factly, his analysis for MGMT-450 tells how Disney and friends prevailed in 1998 over the schools and libraries and consumers in the Bono debate. Yes, business should enjoy influence in public discourse--I myself am an unabashed capitalist. But have we overdone it? Diermeier's presentation unwittingly suggests that we have, especially in copyright matters.
Here are some of the tidbits there for his students reliving the Bono debate for his course known as "Strategic Management in Non-Market Environments":
--The "pro groups" on his "Distributive Politics Spreadsheet" included not just Disney but also "other media" companies. Beyond the Clinton impeachment hearings and the complexities of the debate, could this be one reason why the press let Bono slide through without major coverage? That's not his question. Just mine. No, I'm not into conspiracy theories. But do you really think that journalists rise to the top of their profession without being aware of the self-interests of the owners? Although in a far more subtle form, the problems chronicled in Upton Sinclair's The Brass Check are still alive and well.
--Consumers enjoyed just "small" influence in the case of HR2589.
--Lobbying targets were House Speaker Newt Gingrich and Senate Minority Leader Trent Lott. "Message: Maintaining equity with Europe; do not focus on profits."
--Campaign contributions indeed mattered. One of the potential pitfalls was, "Will Clinton sign the legislation?" Diermeier's conclusion for his students in this exercise was, "President may not sign if legislation is portrayed as serving special interests; however, Disney and other entertainment companies are major democratic constituencies and sources of money." There! You don't have to be Nader or a blogger to say Washington is bought, bought, bought. Of course, I would quarrel with Diermeier's lack of capitalization of the "D" in "Democrat." I'm a lifelong member of the species but must confess that the small-d concept is more or less obsolete among my brethren.
--The Bono legislation thrived on lack of media exposure--to the extent that pro-Hollywood discussion of the legislation could have backfired. "What about grassroots mobilization/media campaign? NO! Avoid bringing the media into this. Media scrutiny will simply focus on the extent to which Disney is buying legislation that is harmful to public interests." Yes, that's a direct quote! Credit Diermeier with candor. While presumably not involved in the Disney efforts, he understands how the black hats hate scrutiny.
--"What about Orrin Hatch? Powerful committee chair. Received $50,000 from seven major studios, the Motion Picture Association of America and ASCAP. Second career as songwriter."
--"After concessions were made to restaurants and libraries, the Bill passed quickly through committee (adding amendment split the opposition; consumers were not organized)." Interesting, no? Consumer and library interests were perceived here as not quite the same. One wonders what would have happened if libraries had worried less about immediate institutional concerns and more about society as a whole. While exempting small bars and restaurants and small stores from certain copyright-related obligations, the legislation also said that during the extra two decades, libraries could reproduce and distribute items that otherwise would not be available through the usual commercial channels. See 17 U.S.C. 108(b). Did libraries sell out consumers? And in ways that we don't know about, did libraries reap rewards or avoid budget-related punishments for not fighting Bono as aggressively as they might have otherwise? Those are my questions, not Diermeier's.
"On Oct. 27, 1998," Diermeier notes, "President Clinton quietly signed the Bill into law (Sonny Bono Copyright Term Extension Act)." Note the operative word here: "quietly." What if libraries had waged a better media campaign to overcome the built-in conflict of interest of the press?
Obligingly Diermeier noted the obscene amount of money working for Bono and other pro-Hollywood measures. "In the 1997-1998 election cycle, media companies and their political action committees contributed more than $6.5 million to members of Congress." Those statistics come from the Center for Responsive Politics.
Just to clarify one point, I'm not saying, "Diermeier is pro-bribery." He is merely laying out how to work within a corrupt system, and his candor should also be useful to white hats.
Of course, it isn't as if Diermeier is conducting his course for future Naderites. The Powerpoint or at least "Section 9" bears the title "Political Analysis for Business." Furthermore, the professor's course description for "Strategic Management in Nonmarket Environments" says among other things: "The concepts, skills, and analytical tools that students will learn in the course rest upon a foundation of economic principles, political analysis, and, to a lesser extent, social psychology and law. They identify patterns of behavior and outcomes, ways of thinking about those patterns and outcomes, methods of analysis that facilitate understanding and prediction, and, ultimately, the shaping of strategies to improve business performance."
Presumably Bono improved Disney's performance at least a smidgen despite Michael Eisner's generally mediocre record in recent years. He personally took time to lobby the pols. Mightn't he have better invested his efforts in, say, improving his relationships with the creative community? Or perhaps in making Disney more clueful in its Net-related activities? I'm all in favor of corporate profitability. But mightn't there be more effective ways of achieving it than bribing DC with massive campaign donations? Along the way, another question arises about Disney's copyright jihad against the public. Is it just history? Not necessarily in the case of this company and others. John Kerry and the Democratic National Committee received $5 million from one show-biz fund-raiser. And John Edwards got more than $900,000 in PAC donations early in the presidential campaign from producer Steve Bing--and sits on a copyright-related committee. No legal violations alleged. But I am curious if Bing felt compelled to make his contribuitons for career purposes. Just as importantly, will the Kerry-Edwards donations buy more legislation in the vein of Bono? Ditto for Hollywood's money for the Bush campaign and Republicans on the Hill.
Meanwhile the media are not asking Edwards and Bing to explain the latter's generosity, and so far they've both stonewalled me. I'd welcome more curiosity from the media about the two men. Remember, Hollywood's bad guys thrive on secrecy. And, just as in the Bono debate, the press has been obliging so far regard to copyright and the 2004 presidential campaign.
I can hardly wait for Diermeier's future analysis of copyright-related lobbying, especially his comments on the sleepy and easily distracted press.
Revealing: The Ford Center's home page says the center "subsumed the Center for the Study of Ethics in Business and the Environmental Research Center." Hmm. It isn't as if the Diermeier presentation abounded with ethics-related material. If the Powerpoint is typical, I don't buy the argument that the Center "It is dedicated to an interdisciplinary approach that combines ethical with strategic and organizational concerns." While the Diermeier presentation is useful to all sides in the Bono debate, it isn't as if his presentation dwelt on the ethical concerns other than to aknowledge that Bono Act was against the public interest. Although Diermeier teaches Values and Crisis Decision-Making, the big emphasis seems to be more on topics like "Crisis Management" than on the encouragement of moral actions. Students learn, for example, how to "Develop strategies for managing stakeholders, public opinion, media relations, and public officials." Hmmm. Do the press and public really need to be "managed" this way?
Still on the way--perhaps later this week: An essay on the harm that longer copyright terms can do to writers. But first I couldn't resist sharing with you the material above.
posted by David Rothman at 2:27 AM | permanent link
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