I recently dug up, scanned and restored this cartoon I drew in 1984 for the Uni High yearbook. It makes me nostalgic not for school (for which I still carry much resentment*) but for the glorious escape drawing provided those years. There were no art classes at Uni while I was there, for which I am eternally grateful. While my liberal friends are mostly “arts education” boosters, I owe my survival to Art staying beyond the reach of school, teachers, and institutionalization. School ruined math, literature, physical exercise, social interactions, and pretty much everything else that could be beautiful – thank doG it didn’t ruin drawing too.
*Dropping out of the University of Illinois at the end of my Sophomore year was the first Great Decision I ever made. My second Great Decision was freeing Sita Sings the Blues and dropping out of Copyright. I’ve only made two Great Decisions in my life, but they’re plenty. Dayenu.
A few years ago I started thinking about taking a vow of non-violence: a commitment to never sue anyone over Knowledge (or Culture, Cultural Works, Art, Intellectual Pooperty, whatever you call it). Copyright law is hopelessly broken; indeed, the Law in the US is broken all over the place. Why would I resort to the same broken law to try to fix abuses that occur within it?
We live in a messed-up world. My choices, however principled, will not change that. People will continue to censor, suppress, and enclose Knowledge. Share-Alike – the legal requirement to keep Knowledge Free – has ironically resulted in the suppression of same.
I learned of Aaron’s death on Sunday; on Monday, the National Film Board of Canada told me I had to fill out paperwork to “allow” filmmaker (and personal friend) Chris Landreth to refer to Sita Sings the Blues in his upcoming short, Subconscious Password, even though Fair Use already freed the NFB from any legitimate fear of Share-Alike’s viral properties. I make compromises to my principles every day, but that Monday I just couldn’t. The idiocy of NFB’s lawyers was part of the same idiocy that Aaron fought in liberating documents from JSTOR. I couldn’t bear to enable more bad lawyers, more bad decisions, more copyright bullshit, by doing unpaid paperwork for a corrupt and stupid system. I just couldn’t.
So the NFB told Chris to remove all references to SSTB from his film.
There are consequences for taking a principled stance. People criticize you, fear you, and pity you. You get plenty of public condemnation. You lose money. Sometimes the law goes after you, and although that hasn’t happened to me yet, it could as I do more civil disobedience in the future.
But the real victim of my principled stance isn’t me, it’s my work. When I took a principled stance against Netflix’s DRM, the result was fewer people saw SSTB. When countless television stations asked for the “rights” to SSTB and I told them they already had them, the result was they didn’t broadcast it. When publishers wanted to make a SSTB-based book, the Share-Alike license was a dealbreaker, so there are no SSTB books.
My punishment for opposing enclosure, restrictions, censorship, all the abuses of copyright, is that my work gets it.
Not using knowledge is an offense to it.
So, to the NFB, to Netflix, to all you publishers and broadcasters, to you legions of fucking lawyers: Sita Sings the Blues is now in the Public Domain. You have no excuse for suppressing it now.
Am I still fighting? Yes. BUT NOT WITH THE LAW. I still believe in all the reasons for BY-SA, but the reality is I would never, ever sue anyone over SSTB or any cultural work. I will still publicly condemn abuses like enclosure and willful misattribution, but why point a loaded gun at everyone when I’d never fire it? CC-0 is an acknowledgement I’ll never go legal on anyone, no matter how abusive and evil they are.
CC-0 is as close as I can come to a public vow of legal nonviolence. The law is an ass I just don’t want to ride.
I cannot abolish evil. The Law cannot abolish evil; indeed, it perpetuates and expands it. People will continue to censor, silence, threaten, and abuse Knowledge, and our broken disaster of a copyright regime will continue encouraging that. But in fighting monsters, I do not wish myself to become a monster, nor feed the monster I’m fighting.
Neither CC-BY-SA nor CC-0 will fix our flawed world with its terribly broken copyright regime. What I can say is SSTB has been under CC-BY-SA for the last 4 years, so I know what that’s like and can share results of that experiment. Going forward under CC-0 I will learn new things and have more results to share. That seems like a win even if some bad scenarios come into play. I honestly have not been able to determine which Free license is “better,” and switching to CC-0 may help answer that question.
In 2008 I vowed that the only animation software I’d switch to, once I had to give up Macromedia Flash 8, would be Free software. Why? Because Adobe bought Flash and ruined it. Among their other unforgivable crimes was crippling Quicktime video output. Old Macromedia Flash could export to any video codec Quicktime supported, including the luscious and useful “Animation” codec. Adobe removed high quality output options to force users to process .swf files through After Effects. I could have lived with the insult and expense of being forced to buy After Effects, but not of having my workload and production time increased just so Adobe could try to squeeze more money out of its customers.
Now it’s 2013 and I’m still using the same copy of Macromedia Flash 8 from 2005, on an old Mac that supports OS 10.5, because old Flash doesn’t work on newer computers or newer operating systems. I’m frozen in time, and it’s starting to hurt.
5 years have passed and there’s no viable Free vector animation software for me to switch to. Synfig supposedly can do all sorts of wonderful things, but it’s simply not useable by anyone not actually developing the software. I devoted quite a bit of time and effort trying to switch, even getting a devoted Linux box for it; it didn’t suck from lack of effort on my part. That said, I do trust that the problem is with the user interface, not the back end; existing Synfig could conceivably serve as a starting point for making some really good software I could actually use.
Whether it’s a massive Synfig UI overhaul, or something new built from scratch, I need a good, Free vector animation program to switch to. I’m talking Free as in Freedom. It’s not the price of the software that puts me off. I’d pay to switch to ToonBoom, for example, if I thought it would be reliable. But no proprietary software is reliable. At any time its “owners” can cripple it and otherwise screw over their customers, in pursuit of whatever misguided business model they fancy at the time. It’s not the loss of my good money I can’t tolerate, it’s the loss of ALL MY WORK. Meanwhile the world moves on, new file formats and codecs are developed, and whether my work is compatible with progress remains at the mercy of my software’s corporate overlords. Even now I can’t export my Flash illustrations as .svg files; SVG wasn’t in demand when Macromedia released Flash 8, and because Flash is proprietary no one can add an SVG export feature to it now.
I need vector animation software I can use in the years and decades to come, that can grow with the times, and allow the future access to the work I do today.
What else do I need? Things like Flash 8*:
Mac compatible (I’m a pragmatist, not a purist)
Timeline similar to Flash 8
Visible audio waveform in timeline
“Symbol” grammar, where symbols can be animated and nested
good vector drawing tools
expansive video export options
and things Flash 8 doesn’t have, but should:
parent-child registration points
“bones” (maybe – aww, who cares)
custom vector strokes (beyond just dotted and dashed lines)
fewer bugs 😉
Time alone has not made this elusive software come into being. Could money? How much would I have to raise to commission an excellent programmer or two to give me what I want? Should I try a Kickstarter? A project like this should have a million dollars; I would aim for one tenth of that. Would even $100,000 be possible?
The result would be excellent Free vector animation software for everyone in the world.
If that doesn’t work I’m going to have to switch to some other proprietary software for the near future. That would be very disappointing. But I can’t stay in 2005 forever.
*What I don’t need is anything related to .swf files or the Flash Player or ActionScript. Almost all of Flash’s development since Flash 5 has been around “interactivity” and “web delivery”- things professional animators don’t use. If only we could separate the animation production part of Flash, from the “web player” part! The former has been almost perfect from the beginning, the latter has become a bloated monster that needs to die.
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 â€“ 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 opinionâ€”memoirs, editorials, and so onâ€”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 #ff0000;">(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.
2. 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 â€“ 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 â€“ are functionally as restrictive as unmodified copyright. Yet they are widely mislabeled “Free Culture,” or even “Copyleft.”
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.
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 â€“ 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 â€“ 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 â€“ those who currently best understand the Four Freedoms â€“ to champion the rest of Culture, not just Software. I want Freedom for All.
“Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.” — Frederick Douglass, August 4, 1857 (via Terry Hancock)