Why are the Freedoms guaranteed for Free Software not guaranteed for Free Culture?
Free software is a matter of the users’ freedom to run, copy, distribute, study, change and improve the software. More precisely, it means that the program’s users have the four essential freedoms:
The freedom to run the program, for any purpose (freedom 0).
The freedom to study how the program works, and change it to make it do what you wish (freedom 1). Access to the source code is a precondition for this.
The freedom to redistribute copies so you can help your neighbor (freedom 2).
The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this.
These are the Four Freedoms of Free Software. They are foundational principles, and they are exactly right. They have served and continue to serve the Free Software Movement very well. They place the user’s freedom ahead of all other concerns. Free Software is a principled movement, but Free Culture is not – at least not so far. Why?
1. The No Derivatives (-ND) Restriction
If you tinker with software, you can improve it. You can also break it or make it worse, but the Freedom to Tinker is one of the foundational 4 Freedoms of Free Software. Your software may also be used for purposes you don’t like, used by “bad people,” or even used against you; the Four Freedoms wisely counsel us to GET OVER IT.
Unfortunately, The Free Software Foundation does not extend “Freedom to Tinker” to Culture:
Cultural works released by the Free Software Foundation come with “No Derivatives” restrictions. They rationalize it here:
Works that express someone’s opinion—memoirs, editorials, and so on—serve a fundamentally different purpose than works for practical use like software and documentation. Because of this, we expect them to provide recipients with a different set of permissions (notice how users are now called “recipients,” and their Freedoms are now called “permissions” –NP): just the permission to copy and distribute the work verbatim. (link)
The problem with this is that it is dead wrong. You do not know what purposes your works might serve others. You do not know how works might be found “practical” by others. To claim to understand the limits of “utility” of cultural works betrays an irrational bias toward software and against all other creative work. It is anti-Art, valuing software above the rest of culture. It says coders alone are entitled to Freedom, but everyone else can suck it. Use of -ND restrictions is an unjustifiable infringement on the freedom of others.
For example, here I have violated the Free Software Foundation’s No-Derivatives license:
The Four Freedoms of Free Culture:
1. The freedom to run, view, hear, read, play, perform, or otherwise attend to the Work;
2. The freedom to study, analyze, and dissect copies of the Work, and adapt it to your needs;
3. The freedom to redistribute copies so you can help your neighbor;
4. The freedom to distribute copies of your modified versions to others. By doing this you can give the whole community a chance to benefit from your changes. (link)
Without permission, I’ve created a derivative work: the Four Freedoms of Free Culture. Although I violated FSF’s No-Derivatives license, they violated Freedoms # 2 and 4, so we’re even.
1. The Non-Commercial (-NC) Restriction
The Freedom to Distribute Free Software is essential to its success. It has given rise to many for-profit businesses that benefit the larger community.
Red Hat, Canonical – would the world be better if such companies were forbidden? Would Free Software benefit from a ban on those businesses?
Yet the Cultural ecosystem is stunted by the prevalence of Non-Commercial restrictions. These maintain commercial monopolies around works, and – especially for vocational artists like me – are functionally as restrictive as unmodified copyright. Yet they are widely mislabeled “Free Culture,” or even “Copyleft.”
Which of these things does not belong?
This is a still from the mostly excellent and popular documentary RIP:a Remix Manifesto. This film is many peoples’ introduction to the term “Free Culture” and “Copyleft.” But as you can see, the Non-Commercial restriction is lumped in with actual Free license terms.
This film is itself licensed under unFree Non-Commercial restrictions. As an artist and filmmaker, I have found confusion is rampant among my creative colleagues. Some filmmakers are beginning to think the term “Free Culture” is cool, but they still want to restrict others’ freedom and impose commercial monopolies on their works.
This doesn't help either
The book Free Culture by Lawrence Lessig its itself not Free culure, but it is widely looked up to. It sets an unfortunate and confusing example with its Non-Commercial license. It illustrates the absence of guiding principles in the Free Culture movement.
I have spoken to many artists who insist there’s “no real difference” between Non-Commercial licenses and Free alternatives. Yet these differences are well known and unacceptable in Free Software, for good reason.
Calling Non-Commercial restrictions “Free Culture” neuters what could be an effective movement, if it only had principles.
So what do I want?
I want a PRINCIPLED Free Culture Movement.
I want Free Software people to take Culture seriously. I want a Free Culture movement guided by principles of Freedom, just as the Free Software movement is guided by principles of Freedom. I want a name I can use that means something – the phrase “Free Culture” is increasingly meaningless, as it is often applied to unFree practices, and is also the name of a famous book that is itself encumbered with Non-Commercial restrictions.
I want a Free Culture ecosystem that allows artists to make money. I want anyone to be able to accept money for their work of remixing and building on Culture – just as a trucker can accept money for driving on a road. I want money to be among the many incentives to participate in building culture. Without the freedoms to Tinker and Redistribute without restriction, there is little incentive to build on and improve cultural works. There is little reward to help your neighbor, when you are guaranteed to lose money doing so. “Free Culture” with non-Commercial restrictions will remain a hobby for those with a surplus of time and labor, and those who only accept money from monopolists.
I want commerce without monopolies. I want people to understand the difference.
I want a Free Culture ecosystem that includes equivalents of businesses like Red Hat and Canonical. I want cultural businesses that give back to their communities, that work with their customers instead of against them. Only if we refuse to place Non-Commercial and No-Derivatives restrictions on our works will a robust Free Culture ecosystem be able to emerge.
I want the Free Software community – those who currently best understand the Four Freedoms – to champion the rest of Culture, not just Software. I want Freedom for All.
It seems the same people who can’t tell the difference between fraud and copying, also can’t tell the difference between anti-social disregard for authors and copyright reform. Folks invoking my name in the Cooks Source scandal are as clueless as Judith Griggs.
As usual, Techdirt has the best article on the topic:
…Cooks Source Magazine copied one woman’s blog post and published it as an article, without asking her permission or letting her even know about it. They did put her name on it, but she only found out after a friend spotted it and told her about it. Where the story takes a bizarre twist is after emailing with the editor of the magazine, Judith Griggs, asked the original author, Monica, what she wanted. Monica suggested a public apology (on Facebook) and a modest $130 donation to Columbia’s journalism school. That’s when Griggs responded like this:
“Yes Monica, I have been doing this for 3 decades, having been an editor at The Voice, Housitonic Home and Connecticut Woman Magazine. I do know about copyright laws. It was “my bad” indeed, and, as the magazine is put together in long sessions, tired eyes and minds somethings forget to do these things.
But honestly Monica, the web is considered “public domain” and you should be happy we just didn’t “lift” your whole article and put someone else’s name on it! It happens a lot, clearly more than you are aware of, especially on college campuses, and the workplace. If you took offence and are unhappy, I am sorry, but you as a professional should know that the article we used written by you was in very bad need of editing, and is much better now than was originally. Now it will work well for your portfolio. For that reason, I have a bit of a difficult time with your requests for monetary gain, albeit for such a fine (and very wealthy!) institution. We put some time into rewrites, you should compensate me! I never charge young writers for advice or rewriting poorly written pieces, and have many who write for me… ALWAYS for free!”
That response not only shows a rather confused understanding of copyright law, but also suggests someone who’s kinda sorta heard arguments about why copying can be beneficial, and jumbled them all together in her head. Now, we’ve spent plenty of time over the years showing how content creators can be better off allowing their works to be copied, but even so, Grigg’s response appears totally tone deaf to what Monica’s actual concerns were. But here’s where social mores and reputational value take over. Monica’s story made it onto Reddit and it got picked up by tons of others, leading the Facebook page of Cooks Source to be filled with angry comments from people supporting Monica.
So I missed my whole trip to California due to a badly-timed cold. Which means I have lots of time on my hands to bang my head into the wall that is the Mimi & Eunice web site.
I hired a developer who started building a beautiful new system in Ruby on Rails, only to discover that my web host, Media Temple, has a relatively wonky and outdated Ruby setup. That led the site to disappear for a few days. It’s potentially a really nice system (though it still has some kinks in it), but I may have to switch web hosts if I want to rely on it.
So I started uploading the strips in plain old WordPress, which is excellent in all ways but one some: the images don’t show up in all RSS feeders, they don’t show up in Facebook, and I can’t find a way to generate simple embed code for them. What am I talking about? Behold what I want, as shown on the fine comics site qwantz:
See that code it automatically generates that lets you embed any comic? I spent a day searching for a wordpress plugin that does that, and still can’t find one. Help?
And I don’t know why my Mimi & Eunice comics don’t show up in the RSS Feed in Firefox, but they do in other browsers. I already did this, and installed the AbsoluteRSS plugin. But I still can’t see the images in Firefox. Help?
I just want Mimi & Eunice to be as easily shared as possible. Help appreciated, but please don’t suggest ComicPress. Been there, done that, it has a lot of problems. Also my budget is exhausted of $$ to pay for consultants, since the Ruby on Rails project consumed it all. The nice thing about the simple WordPress setup is that each comic displays at a small size (640 pixels wide) but links to a high-res (2400 pixels wide) image suitable for printing. That’s important to me, because I want to encourage all kinds of sharing, including paper publishing. The current site has all the features I want except image embedding. Please tell me there’s a solution. Thanks. I love you.
Update:Brett Thompson has made an embed code generator for Mimi & Eunice! It looks big and text-y today but Brett says he will spruce up its appearance tomorrow. But you can start embedding Mimi & Eunice comics RIGHT NOW!
On Friday, May 28, I attended a NY Philharmonic performance of Ligeti’s Le Grand Macabre.
All patrons were required to pass through long “security” lines and have our bags searched by guards. Those carrying cameras were forbidden from entering the auditorium and ordered to check their bags in an even longer line.
New Yorkers tolerate “security” searches because they remember the falling of the World Trade Center on September 11, 2001. They are willing to be treated as suspected terrorists and “guilty until proven innocent” criminals because they fear for their physical safety. They rationalize Lincoln Center’s “security” policy because they don’t want anyone bringing a bomb or weapon into a large closed space containing thousands of vulnerable people.
But cameras are not a security threat. In fact, citizen cameras increase security, and their forced removal puts us in greater danger. In the unlikely event a terrorist were able to bring a weapon into the auditorium, citizens carrying cameras would document it. Presumably Lincoln Center has its own “security” cameras, but no fixed, closed surveillance system is as effective as citizens.
I don’t trust Lincoln Center’s “security” to protect me or anyone; they are incompetent at actual security, effective only at treating patrons like suspected criminals, creating long tedious lines, and converting what was once an uplifting cultural experience into something resembling a visit to an airport. I can visit the airport for free, but being treated like a criminal at Lincoln Center cost close to $100.
After being ejected from a very long security line to enter the theater, and redirected to stand in an even longer line to the coat check, I moved my camera from my large bag into my small purse and found another entrance to the auditorium. This line’s “security” guard did not see or feel a camera, so I was allowed in. That let me know how effective the “security” guards would be at detecting a weapon or any genuine threat: not at all. Lincoln Center’s “security” did not make me feel “secure” – quite the opposite – but it did make me feel harassed.
Why does Lincoln Center treat cameras its greatest threat to “security”? Does the organization believe that photographing its productions is “stealing”? Let me remind you that anyone who wants to copy images of Lincoln Center’s copyrighted material, is physically capable of doing so. Photos of Lincoln Center and its productions circulate in Lincoln Center’s advertising, in print and on the internet. Lincoln Center has Copyright law to protect them against such illegal image-copying. Copyright law also applies to any unauthorized photos taken by audience members. Lincoln Center may ban taking photographs in its auditoria without confiscating cameras themselves. Galleries and other performance spaces do this: they have signs that say NO PHOTOGRAPHS. Banning cameras in the theater does absolutely nothing to “protect” anyone. It does however abuse legitimate theater patrons, the ones who bought expensive tickets expecting a civilized experience. Furthermore, banning citizen cameras makes it impossible for citizens to document real danger, thereby lessening everyone’s real security.
People dress up to go to Lincoln Center. They pay hundreds of dollars. They believe it’s important to support the arts. In return, Lincoln Center treats its patrons like criminals, and exploits their fears of terrorism to enforce a misguided, dangerous, and invasive no-camera policy.
Lincoln Center should abandon its dangerous and harassing “security” policies and return to respecting its patrons.
Some of you are writing that I was forced to choose the Creative Commons Attribution Share Alike license because the film is violating copyright. That is completely untrue, but has become the dominant motif of stories I read about the project. The confusion is understandable, so I attempt to sort it out below.
Sita Sings the Blues is in complete compliance with copyright regulations. I was forced to pay $50,000 in license fees and another $20,000 in legal costs to make it so. That is why I am in debt. My compliance with copyright law is by no means an endorsement of it. Being $70,000 in the hole reminds me daily what an ass the law is. The film is legal, and that legality gives me a higher moral ground to stamp my feet upon as I denounce the failure that is copyright.
Note that in some ways the film is not, and never will be free. For each disc sold, distributors must pay $1.65 to these faceless money sinks. Transaction costs raise that amount to about $2.00 per disc. That is why my own Artist’s Edition is limited to 4,999 copies. I’ve already bled $50,000 into their vampiric maws; I have no intention of paying more.
The director of Sita Sings the Blues, Nina Paley, had to pay $50,000 to use old songs in her animation movie. She then put the movie online for free and turned herself into a free-culture activist. Composer Jaron Lanier was a digital pioneer in the ’90s, but in his new book he claims that open-source is destroying creativity and fostering vicious behavior. They join us to debate the pros and cons of free love in art-making.
My goodness, no one seems to know what grand juries are! I sure didn’t, until this week. Because they’re called “juries,” people think they’re trial juries. Not at all! Here’s a good article explaining how grand juries work by activist Craig Rosebraugh.
Grand Juries, often referred to as the “strong arm of the court system,” thrive off public ignorance, working behind closed doors and under seemingly little regulation. Often working in accordance with the Justice Department, the Grand Jury system has been, and continues to be, used for gathering intelligence and suppressing “radical” groups and organizations that oppose current governmental policies.
In my experience, the most fascinating aspect about Grand Juries is that the public is largely misinformed and kept in the dark about their true nature. Most citizens do not realize that an individual called before a Grand Jury has neither the right to counsel nor Fifth Amendment protection in the proceedings. I have found that people from all walks of life are outraged when they learn of this reality.
It is this very secrecy and deception that has allowed Grand Juries to persist. It is a simple rule that says if no one is informed, no one will object. (link)
I don’t know if it’s legal for me to write this, but I must say that so far my grand jury experience resembles the Milgram Experiment. That’s the one where an authority instructs an “average person” to administer painful electric shocks to someone else. As long as the authority figure tells them it’s ok, the “average person” just keeps pushing that shock button, ignoring the victims’ screams of agony because the authority instructs them to. Likewise, the prosecuting attorneys instruct us to ignore any details about cases they don’t control; if we ask questions about other charges, they say that’s none of our business. We don’t get to see or hear our victims; we have only authorities telling us to push the button. In a sealed, secret room. I’ve sat on my hands a number of times, but believe me, most people are happy to comply with the authorities. They know not what they do, and the system likes it that way.
Ordinary people, simply doing their jobs, and without any particular hostility on their part, can become agents in a terrible destructive process. Moreover, even when the destructive effects of their work become patently clear, and they are asked to carry out actions incompatible with fundamental standards of morality, relatively few people have the resources needed to resist authority.
Please understand what grand juries are. They need to be abolished, as they have been almost everywhere outside the United States.
“Most thinkers…hold that you own your own life, and it follows that you must own the products of that life, and that those products can be traded in free exchange with others,” claims Wikipedia’s latest entry on property. “Every man has a property in his own person,” says John Locke. Ayn Rand (who I generally can’t stand, but who I’m happy to quote as a passionate defender of the sanctity of property) wrote, “Just as man can’t exist without his body, so no rights can exist without the right to translate one’s rights into reality, to think, to work and keep the results, which means: the right of property.”
You also have a property in your own MIND. That which lives in your mind, is your property. And everyone deserves Rand’s “right to translate one’s rights into reality, to think, to work and keep the results” – in other words to freely think, express, and own the contents of their own mind. That is what “intellectual property” should (but doesn’t) mean: everyone’s right to their own mind.
Instead, legally defined “Intellectual Property” means exactly the opposite: it transfers ownership of the contents of your mind to others. It alienates the ideas in your mind, from you. Is there a song running through your mind right now? It doesn’t belong to you, it belongs to Warner-Chappell. You are forbidden to express it; “performance” requires permission. “To think, to work” – interpret – “and keep the results” – record and sell copies of - the song in your mind, are illegal.
Thus Intellectual Property gives alien, private owners title to our minds. We may think culture (songs, text, images) only in secret; any expressions of cultural thought belong not to the thinker, but to the IP owner. Your thoughts are “derivative works”; someone else has title to them. You may have “Porgy and Bess” in your mind, but interpreting or singing it out loud is forbidden. That part of your mind belongs to Gershwin’s heirs and their lackeys.
Wikipedia’s entry on Chattel Slavery states: “The living human body is, in most modern societies, considered something which cannot be the property of anyone but the person whose body it is.” The living human mind should be the same. Legally defined “Intellectual Property” is, quite simply, someone else’s ownership of your mind. If they own the right to express what lives in your mind, the right “to think, to work and keep the results,” then they own your mind; they own you. What can we call that, except slavery?
Note: Please, please continue uploading my comics to WikiMedia Commons, beloved uploaders! Nina’s Adventures is next. I completely endorse and support this work! Thank you! I love you! I post the rant below because, well, it’s on my mind now, and life isn’t perfect.
“Wearing them really works, by the way. I wore one on a train recently and wound up having a great conversation about copyright with two people, one of them a musician coming back from a gig, after they asked me about the front.” -Karl Fogel
“When the history of intellectual property law is written, January 12, 2009 should be marked as a decisive moment. It was the day that my friend, fellow House Next Door contributor and sometime filmmaking partner Kevin B. Lee saw his entire archive of critical video essays deleted by YouTube on grounds that his work violated copyright.” more…