Tagged: ip

You've Never Seen Copyright

Hear me out: copyright is good.

When it comes to copyright it can be very easy to lose the forest for the trees. That’s why I want to start this series with a bit of a reset, and establish a baseline understanding of copyright doctrine as a whole, and the context in which our modern experience of copyright sits.

The current state of copyright law is a quagmire, due not just to laws but also international treaty agreements and rulings from judges who don’t understand the topic and who even actively disagree with each other. That convolution is exactly why I don’t want to get lost in those twists and turns for this, and instead want to start with the base principles we’ve lost along the way.

You don’t need to understand the layers to see the problem. In fact, intellectual property is a system whose convolutions hide the obviousness of the problem. Complexity is good only when complexity is needed to ensure the correctness of the outcome. But here, far from being necessary to keep things working right, the complexity hides that the outcome is wrong.

But that outcome, our current regime that we know as copyright policy, is so wrong — not only objectively bad, but wrong even according to its own definition — that at this point it takes significant work just to get back to the idea that

This is my controversial stance, and the premise of my series: copyright (as properly defined) is a cohesive system, and, when executed properly, is actually good for everyone.

At this point, you might think I’m setting myself up to fail the purpose of a system is what it does test. If there’s some definition of what copyright “should” be, but it doesn’t map to the system of copyright as it actually exists, why bother spending time with a definition we fully expect not to apply to the system?

I’m not trying to imply that our current system is justified by a definition that’s meant to be its “purpose” even while the definition fails to describe how the system really works. In fact, I ultimately want to do the opposite.

The word “copyright” can refer to two very different entities.

One is copyright as a system of political power. This is the overall system, composed copyright legislation, international treaties, and systems of enforcement.

The other is copyright as a philosophical doctrine. This is the basis (at least ostensibly) for copyright law and enforcement power, and what the system is meant to derive from. Copyright as a political system should be an implementation of this philosophy, and its power derives its legitimacy from how well it maps to the philosophy and correctly implements it goals.

The philosophy should be good for artists, but the reality of the power structures is bad for artists. Not only is that bad, it also makes the discourse around the topic insufferable, because people talking about “copyright” usually aren’t referring to the same thing!

I argue that the philosophical doctrine of copyright is actually remarkably sound; the goals work, but the system of power has gone rotten. What’s more, we can identify the ways it’s gone bad by comparing it to the philosophy that it should derive from, and find that instead of being an implementation of the philosophy, it’s been corrupted, and ends up pushing a completely contrary set of goals.

https://www.instagram.com/p/Bp92AGvlWl0/

What we’re subjected to today in the name of copyright does not come from the real principles of copyright. Compared to the current state of US intellectual property law, the “real copyright” I’m talking about is like grass so utterly smothered by concrete that not only do no strands poke through, everyone involved has forgotten it was ever there.

The situation is so bad that even though I think copyright should be a good thing, I think our current bastardization of it may be worse than nothing at all, to the point where we’d be better off with the problems real copyright is meant to solve than with all the new, worse problems it’s inflicted on us.

But because what we’re enduring now is a corruption of another thing and not its own original evil, we’re not limited to measuring it by the harm it inflicts: we can also measure it by its deviation from what we know it should be.

So what’s the good version? This true, unadulterated form of creative rights?

Netflix's Big Double-Dip

Netflix is finally turning the screws on multi-user accounts. That “finally” is exasperation in my voice, not relief. Netflix is demanding you pay them an extra surcharge to share your account with remote people, and even then caps you at paying for a maximum of two. It’s been threatening to do something like this for a long, long time:

Since 2011, when the recording industry started pushing through legal frameworks to criminalize multi-user account use by miscategorizing “entertainment subscription services” as equivalent to public services like mail, water, and electricity for the purposes of criminal prosecution,

Since similar nonsense in 2016 exploiting the monumentally terrible Computer Fraud and Abuse Act,

Since 2019, when Netflix announced (to its shareholders) that it was looking for ways to limit password sharing,

Since 2021, when Netflix started tracking individual users by location and device within a paying account,

Since 2022, when it started banning group use in Portugal, Spain, and New Zealand, to disastrous consequence. Also, Canada, but temporarily. And, of course, then threatened to “crack down” on “password sharing” in “Early 2023”,

Since January, when it threatened to roll out “paid password sharing” in the “coming months”,

Since February, when it released a disastrous policy banning password sharing, then lied about the policy being an error and made a big show of retracting it due to the massive backlash, but then went ahead and did it in Canada anyway,

And finally now since just now, as it’s finally, really, for-realsies banning password sharing this quarter.

Netflix threatening this for so long was a mistake on its part, because that’s given me a long, long time for these thoughts to slowly brew in the back of my head. And there’s a lot wrong here.

the teat one this is a real graphic Netflix made!

Netflix’s pricing model

So, first, what are multi-user accounts in the first place, and how does “password sharing” relate to that?

So you want to write an AI art license

  • Posted in cyber

Hi, The EFF, Creative Commons, Wikimedia, World Leaders, and whoever else,

Do you want to write a license for machine vision models and AI-generated images, but you’re tired of listening to lawyers, legal scholars, intellectual property experts, media rightsholders, or even just people who use any of the tools in question even occasionally?

You need a real expert: me, a guy whose entire set of relevant qualifications is that he owns a domain name. Don’t worry, here’s how you do it:

Given our current system of how AI models are trained and how people can use them to generate new art, which is this:

sequenceDiagram
    Alice->>Model: Hello. Here are N images and<br>text descriptions of what they contain.
    Model->>Model: Training (looks at images, "makes notes", discards originals)
    Model->>Alice: OK. I can try to make similar images from my notes,<br>if you tell me what you want.
    Curio->>Model: Hello. I would like a depiction of this new <br>thing you've never seen before.
    Model->>Curio: OK. Here are some possibilites.

Lies, Damned Lies, and Subscriptions

  • Posted in cyber

Everybody hates paying subscription fees. At this point most of us have figured out that recurring fees are miserable. Worse, they usually seem unfair and exploitative. We’re right about that much, but it’s worth sitting down and thinking through the details, because understanding the exceptions teaches us what the problem really is. And it isn’t just “paying people money means less money for me”; the problem is fundamental to what “payment” even is, and vitally important to understand.

Human Agency: Why Property is Good

or, “Gio is not a marxist, or if he is he’s a very bad one”

First: individual autonomy — our agency, our independence, and our right to make our own choices about our own lives — is threatened by the current digital ecosystem. Our tools are powered by software, controlled by software, and inseparable from their software, and so the companies that control that software have a degree of control over us proportional to how much of our lives relies on software. That’s an ever-increasing share.

5G's standard patents wound it

I remember seeing a whole kerfuffle about 5G around this time last year. Not the mind-control vaccine, the actual wireless technology. People (senators, mostly) were worried about national security, because Huawei (the state-controlled Chinese tech company, who is a threat, actually) was getting its 5G patents through and making its claim on the next-gen tech IP landscape. Maybe Trump even needed to seize the technology and nationalize 5G? Everybody sure had a lot to say about it, but I didn’t see a single person address the core conflict.

Format Wars

Before we get to 5G, let’s go way back to VHS for a minute.

The basic idea of the “format war” is this: one company invents a format (VHS, SD cards, etc) and make a push to make their format the standard way of doing things. Everybody gets a VHS player instead of BetaMax, so there’s a market for the former but not for the latter. Now everyone uses VHS. If you’re selling video, you sell VHS tapes, and if you’re buying video, you’re buying VHS. If you invented VHS, this is great for you, because you own the concept of VHS and get to charge everyone whatever you want at every step in the process. And, since everyone uses VHS now, you’ve achieved lock-in.

Now, this creates an obvious perverse incentive. Companies like Sony are famous for writing and patenting enormous quantities of formats that never needed to exist in the first place because owning the de factor standard means you can collect rent from the entire market. That’s a powerful lure.

And that’s just talking about de facto standards. This gets even worse when you mix in formal standards setting bodies, which get together and formally declare which formats should be considered “standard” for professional and international use. If you could get your IP written into those standards, it turns your temporary development time into a reliable cash stream.

Enter SEPs

“5G” is one of these standards set by standard setting bodies, and it’s a standard packed with proprietary technology. The most important slice of those is called SEPs, or “Standard Essential Patents.” These are the Patents that are Essential to (implementing) the Standard. In other words, these technologies are core and inextricable to 5G itself. This figure represents only the SEPs:

Trouble a-brewin' at Redbubble

  • Posted in fandom

Homestuck is once again lit up over fan merch. Homestuck and fan merch have a long and troubled history, but this latest incident is between artists, Redbubble, and Viz media. Here are my thoughts on that!

In late May 2021, artists who sold Homestuck merch on Redbubble got this email:

Dear [name],

Thank you for submitting your fan art for Homestuck and/or Hiveswap as part of Redbubble’s Fan Art Partner Program.

At this time, our partnership with the rights holder VIZ Media has come to an end. When a partnership expires, we are required to remove officially approved artworks from the marketplace. This means that your Homestuck and/or Hiveswap designs will be removed from Redbubble soon.

Here are a couple of things to keep in mind:

  • It is important to know that licensors do not allow previously approved designs once sold on Redbubble to be sold on any other platform, even after the program ends.
  • Because this removal is not in response to a complaint, your account will not be negatively impacted.

Partnerships come and go, but don’t worry. We’re looking forward to partnering with more awesome brands in the future.

Check out our Current Brand Partnerships list to see all the properties that are actively accepting submissions. For additional information, we recommend checking out the Fan Art Partner Program FAQ.

Thank you, Redbubble

This hit a lot of people, and hit them hard:

Rut-roh!

Unfortunately for Twitter and brevity this is actually the intersection of a couple different complicated issues, which I’ll try to summarize here.

Just gonna get this one out of the way right off the bat. Copyright law gives IP owners a tremendous amount of power over what’s done with their characters and designs, even extending far into derivative fanart. If you own Homestuck, you actually can take someone to court over selling merch of their fantroll, and probably win. That’s not a great starting point, but it’s the truth.

Eevee has a great write-up of why this is bad. I’d also point you to Tom Scott’s video about how copyright law isn’t designed for intermediate platforms like Redbubble, but suffice it to say, yeah, copyright law really sucks for fanartists, actually.

This is the most complex thing going on here, certainly, but it’s not new and interesting. What is new and interesting, though, is

Redbubble forcing predatory licensing on people

Now, copyright law sucks for fanartists, but that doesn’t explain what happened here.