Tagged: IP

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:

CurioModelAliceCurioModelAliceHello. Here are N images andtext descriptions of what they contain.Training (looks at images, "makes notes", discards originals)OK. I can try to make similar images from my notes,if you tell me what you want.Hello. I would like a depiction of this new thing you've never seen before.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.