Selected Essays on Technology, Creativity, Copyright and the Future of the Future



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CONTENT:
Selected Essays on Technology, Creativity, Copyright and the Future of the Future
By Cory Doctorow, doctorow@craphound.com

A word about this downloadable file:


I've been releasing my books online for free since my first novel, Down and Out in the Magic Kingdom, came out in 2003, and with every one of those books, I've included a little essay explaining why I do this sort of thing.
I was tempted to write another one of these essays for this collection, but then it hit me: this is a collection of essays that are largely concerned with exactly this subject.
You see, I don't just write essays about copyright to serve as forewards to my books: I write them for magazines, newspapers, and websites -- I write speeches on the subject for audiences of every description and in every nation. And finally, here, I've collected my favorites, the closest I've ever come to a Comprehensive Doctorow Manifesto.
So I'm going to skip the foreword this time around: the whole book is my explanation for why I'm giving it away for free online.
If you like this book and you want to thank me, here's what I'd ask you to do, in order of preference:


  • Buy a copy: http://craphound.com/content/buy




  • Donate a copy to a school or library: http://craphound.com/content/donate




  • Send the ebook to five friends and tell them why you liked it




  • Convert the ebook to a new file-format (see the download page for more)

Now, on to the book!


Copyright notice:
This entire work (with the exception of the introduction by John Perry Barlow) is copyright 2008 by Cory Doctorow and released under the terms of a Creative Commons US Attribution-NonCommercial-ShareAlike license (http://creativecommons.org/licenses/by-nc-sa/3.0/us/). Some Rights Reserved.
The introduction is copyright 2008 by John Perry Barlow and released under the terms of a Creative Commons US Attribution-NonCommercial-ShareAlike license (http://creativecommons.org/licenses/by-nc-sa/3.0/us/). Some Rights Reserved.
Publication history and acknowledgments:
Introduction: 2008, John Perry Barlow
Microsoft Research DRM Talk (This talk was originally given to Microsoft's Research Group and other interested parties from within the company at their Redmond offices on June 17, 2004.)
The DRM Sausage Factory (Originally published as "A Behind-The-Scenes Look At How DRM Becomes Law," InformationWeek, July 11, 2007)
Happy Meal Toys versus Copyright: How America chose Hollywood and Wal-Mart, and why it's doomed us, and how we might survive anyway (Originally published as "How Hollywood, Congress, And DRM Are Beating Up The American Economy," InformationWeek, June 11, 2007)
Why Is Hollywood Making A Sequel To The Napster Wars? (Originally published in InformationWeek, August 14, 2007)
You DO Like Reading Off a Computer Screen (Originally published in Locus Magazine, March 2007)

How Do You Protect Artists? (Originally published in The Guardian as "Online censorship hurts us all," Tuesday, Oct 2, 2007)


It's the Information Economy, Stupid (Originally published in The Guardian as "Free data sharing is here to stay," September 18, 2007)
Downloads Give Amazon Jungle Fever (Originally published in The Guardian, December 11, 2007)
What's the Most Important Right Creators Have? (Originally published as "How Big Media's Copyright Campaigns Threaten Internet Free Expression," InformationWeek, November 5, 2007)
Giving it Away (Originally published on Forbes.com, December 2006)
Science Fiction is the Only Literature People Care Enough About to Steal on the Internet (Originally published in Locus Magazine, July 2006)
How Copyright Broke (Originally published in Locus Magazine, September, 2006)
In Praise of Fanfic (Originally published in Locus Magazine, May 2007)
Metacrap: Putting the torch to seven straw-men of the meta-utopia (Self-published, 26 August 2001)
Amish for QWERTY (Originally published on the O'Reilly Network, 07/09/2003, http://www.oreillynet.com/pub/a/wireless/2003/07/09/amish_qwerty.html)
Ebooks: Neither E, Nor Books (Paper for the O'Reilly Emerging Technologies Conference, San Diego, February 12, 2004)
Free(konomic) E-books (Originally published in Locus Magazine, September 2007)
The Progressive Apocalypse and Other Futurismic Delights (Originally published in Locus Magazine, July 2007)
When the Singularity is More Than a Literary Device: An Interview with Futurist-Inventor Ray Kurzweil (Originally published in Asimov's Science Fiction Magazine, June 2005)
Wikipedia: a genuine Hitchhikers' Guide to the Galaxy -- minus the editors (Originally published in The Anthology at the End of the Universe, April 2005)
Warhol is Turning in His Grave (Originally published in The Guardian, November 13, 2007)
The Future of Ignoring Things (Originally published on InformationWeek's Internet Evolution, October 3, 2007)
Facebook's Faceplant (Originally published as "How Your Creepy Ex-Co-Workers Will Kill Facebook," in InformationWeek, November 26, 2007)
The Future of Internet Immune Systems (Originally published on InformationWeek's Internet Evolution, November 19, 2007)
All Complex Ecosystems Have Parasites (Paper delivered at the O'Reilly Emerging Technology Conference, San Diego, California, 16 March 2005)
READ CAREFULLY (Originally published as "Shrinkwrap Licenses: An Epidemic Of Lawsuits Waiting To Happen" in InformationWeek, February 3, 2007)
World of Democracycraft (Originally published as "Why Online Games Are Dictatorships," InformationWeek, April 16, 2007)
Snitchtown (Originally published in Forbes.com, June 2007)
Dedication:
For the founders of the Electronic Frontier Foundation: John Perry Barlow, Mitch Kapor and John Gilmore
For the staff -- past and present -- of the Electronic Frontier Foundation
For the supporters of the Electronic Frontier Foundation
Table of Contents:



  1. Introduction by John Perry Barlow

  2. Microsoft Research DRM talk

  3. The DRM Sausage Factory

  4. Happy Meal Toys versus Copyright: How America chose Hollywood and

  5. Wal-Mart, and why it's doomed us, and how we might survive anyway

  6. Why Is Hollywood Making A Sequel To The Napster Wars?

  7. You DO Like Reading Off a Computer Screen

  8. How Do You Protect Artists?

  9. It's the Information Economy, Stupid

  10. Downloads Give Amazon Jungle Fever

  11. What's the Most Important Right Creators Have?

  12. Giving it Away

  13. Science Fiction is the Only Literature People Care Enough About to Steal on the Internet

  14. How Copyright Broke

  15. In Praise of Fanfic

  16. Metacrap: Putting the Torch to Seven Straw-Men of the Meta-Utopia

  17. Amish for QWERTY

  18. Ebooks: Neither E, Nor Books

  19. Free(konomic) E-books

  20. The Progressive Apocalypse and Other Futurismic Delights

  21. When the Singularity is More Than a Literary Device: An Interview with Futurist-Inventor Ray Kurzweil

  22. Wikipedia: a genuine Hitchhikers' Guide to the Galaxy -- minus the editors

  23. Warhol is Turning in His Grave

  24. The Future of Ignoring Things

  25. Facebook's Faceplant

  26. The Future of Internet Immune Systems

  27. All Complex Ecosystems Have Parasites

  28. READ CAREFULLY

  29. World of Democracycraft

  30. Snitchtown


Introduction by John Perry Barlow
San Francisco - Seattle - Vancouver - San Francisco
Tuesday, April 1, 2008
"Content," huh? Ha! Where's the container?
Perhaps these words appear to you on the pages of a book, a physical object that might be said to have "contained" the thoughts of my friend and co-conspirator Cory Doctorow as they were transported in boxes and trucks all the way from his marvelous mind into yours. If that is so, I will concede that you might be encountering "content". (Actually, if that's the case, I'm delighted on Cory's behalf, since that means that you have also paid him for these thoughts. We still know how to pay creators directly for the works they embed in stuff.)
But the chances are excellent that you're reading these liquid words as bit-states of light on a computer screen, having taken advantage of his willingness to let you have them in that form for free. In such an instance, what "contains" them? Your hard disk? His? The Internet and all the servers and routers in whose caches the ghosts of their passage might still remain? Your mind? Cory's?
To me, it doesn't matter. Even if you're reading this from a book, I'm still not convinced that what you have in your hands is its container, or that, even if we agreed on that point, that a little ink in the shape of, say, the visual pattern you're trained to interpret as meaning "a little ink" in whatever font the publisher chooses, is not, as Magritte would remind us, the same thing as a little ink, even though it is.
Meaning is the issue. If you couldn't read English, this whole book would obviously contain nothing as far as you were concerned. Given that Cory is really cool and interesting, you might be motivated to learn English so that you could read this book, but even then it wouldn't be a container so much as a conduit.
The real "container" would be process of thought that began when I compressed my notion of what is meant by the word "ink" - which, when it comes to the substances that can be used to make marks on paper, is rather more variable than you might think - and would kind of end when you decompressed it in your own mind as whatever you think it is.
I know this is getting a bit discursive, but I do have a point. Let me just make it so we can move on.
I believe, as I've stated before, that information is simultaneously a relationship, an action, and an area of shared mind. What it isn't is a noun.
Information is not a thing. It isn't an object. It isn't something that, when you sell it or have it stolen, ceases to remain in your possession. It doesn't have a market value that can be objectively determined. It is not, for example, much like a 2004 Ducati ST4S motorcycle, for which I'm presently in the market, and which seems - despite variabilities based on, I must admit, informationally- based conditions like mileage and whether it's been dropped - to have a value that is pretty consistent among the specimens I can find for a sale on the Web.
Such economic clarity could not be established for anything "in" this book, which you either obtained for free or for whatever price the publisher eventually puts on it. If it's a book you're reading from, then presumably Cory will get paid some percentage of whatever you, or the person who gave it to you, paid for it.
But I won't. I'm not getting paid to write this forward, neither in royalties nor upfront. I am, however, getting some intangible value, as one generally does whenever he does a favor for a friend. For me, the value being retrieved from going to the trouble of writing these words is not so different from the value you retrieve from reading them. We are both mining a deeply intangible "good," which lies in interacting with The Mind of Cory Doctorow. I mention this because it demonstrates the immeasurable role of relationship as the driving force in an information economy.
But neither am I creating content at the moment nor are you "consuming" it (since, unlike a hamburger, these words will remain after you're done with them, and, also unlike a hamburger you won't subsequently, wellÅ  never mind.) Unlike real content, like the stuff in a shipping container, these words have neither grams nor liters by which one might measure their value. Unlike gasoline, ten bucks worth of this stuff will get some people a lot further than others, depending on their interest and my eloquence, neither of which can be quantified.
It's this simple: the new meaning of the word "content," is plain wrong. In fact, it is intentionally wrong. It's a usage that only arose when the institutions that had fattened on their ability to bottle and distribute the genius of human expression began to realize that their containers were melting away, along with their reason to be in business. They started calling it content at exactly the time it ceased to be. Previously they had sold books and records and films, all nouns to be sure. They didn't know what to call the mysterious ghosts of thought that were attached to them.
Thus, when not applied to something you can put in a bucket (of whatever size), "content" actually represents a plot to make you think that meaning is a thing. It isn't. The only reason they want you to think that it is because they know how to own things, how to give them a value based on weight or quantity, and, more to the point, how to make them artificially scarce in order to increase their value.
That, and the fact that after a good 25 years of advance warning, they still haven't done much about the Economy of Ideas besides trying to stop it from happening.
As I get older, I become less and less interested in saying "I told you so." But in this case, I find it hard to resist. Back during the Internet equivalent of the Pleistocene. I wrote a piece for an ancestor of Wired magazine called Wired magazine that was titled, variously, "The Economy of Ideas" or "Wine without Bottles." In this essay, I argued that it would be deucedly difficult to continue to apply the Adam Smithian economic principles regarding the relationship between scarcity and value to any products that could be reproduced and distributed infinitely at zero cost.
I proposed, moreover, that, to the extent that anything might be scarce in such an economy, it would be attention, and that invisibility would be a bad strategy for increasing attention. That, in other words, familiarity might convey more value to information that scarcity would.
I did my best to tell the folks in what is now called "The Content Industry" - the institutions that once arose for the useful purpose of conveying creative expression from one mind to many - that this would be a good time to change their economic model. I proposed that copyright had worked largely because it had been difficult, as a practical matter, to make a book or a record or motion picture film spool.
It was my theory that as soon as all human expression could be reduced into ones and zeros, people would begin to realize what this "stuff" really was and come up with an economic paradigm for rewarding its sources that didn't seem as futile as claiming to own the wind. Organizations would adapt. The law would change. The notion of "intellectual property," itself only about 35 years old, would be chucked immediately onto the magnificent ash-heap of Civilization's idiotic experiments.
Of course, as we now know, I was wrong. Really wrong.
As is my almost pathological inclination, I extended them too much credit. I imputed to institutions the same capacities for adaptability and recognition of the obvious that I assume for humans. But institutions, having the legal system a fundamental part of their genetic code, are not so readily ductile.
This is particularly true in America, where some combination of certainty and control is the actual "deity" before whose altar we worship, and where we have a regular practice of spawning large and inhuman collective organisms that are a kind of meta-parasite. These critters - let's call them publicly-held corporations - may be made out of humans, but they are not human. Given human folly, that characteristic might be semi-ok if they were actually as cold-bloodedly expedient as I once fancied them - yielding only to the will of the markets and the raw self-interest of their shareholders. But no. They are also symbiotically subject to the "religious beliefs" of those humans who feed in their upper elevations.
Unfortunately, the guys (and they mostly are guys) who've been running The Content Industry since it started to die share something like a doctrinal fundamentalism that has led them to such beliefs as the conviction that there's no difference between listening to a song and shop-lifting a toaster.
Moreover, they dwell in such a sublime state of denial that they think they are stewarding the creative process as it arises in the creative humans they exploit savagely - knowing, as they do, that a creative human would rather be heard than paid - and that they, a bunch of sated old scoundrels nearing retirement would be able to find technological means for wrapping "containers" around "their" "content" that the adolescent electronic Hezbollah they've inspired by suing their own customers will neither be smart nor motivated enough to shred whatever pathetic digital bottles their lackeys design.
And so it has been for the last 13 years. The companies that claim the ability to regulate humanity's Right to Know have been tireless in their endeavors to prevent the inevitable. The won most of the legislative battles in the U.S. and abroad, having purchased all the government money could buy. They even won most of the contests in court. They created digital rights management software schemes that behaved rather like computer viruses.
Indeed, they did about everything they could short of seriously examining the actual economics of the situation - it has never been proven to me that illegal downloads are more like shoplifted goods than viral marketing - or trying to come up with a business model that the market might embrace.
Had it been left to the stewardship of the usual suspects, there would scarcely be a word or a note online that you didn't have to pay to experience. There would be increasingly little free speech or any consequence, since free speech is not something anyone can own.
Fortunately there were countervailing forces of all sorts, beginning with the wise folks who designed the Internet in the first place. Then there was something called the Electronic Frontier Foundation which I co-founded, along with Mitch Kapor and John Gilmore, back in 1990. Dedicated to the free exchange of useful information in cyberspace, it seemed at times that I had been right in suggesting then that practically every institution of the Industrial Period would try to crush, or at least own, the Internet. That's a lot of lawyers to have stacked against your cause.
But we had Cory Doctorow.
Had nature not provided us with a Cory Doctorow when we needed one, it would have been necessary for us to invent a time machine and go into the future to fetch another like him. That would be about the only place I can imagine finding such a creature. Cory, as you will learn from his various rants "contained" herein was perfectly suited to the task of subduing the dinosaurs of content.
He's a little like the guerilla plumber Tuttle in the movie Brazil. Armed with a utility belt of improbable gizmos, a wildly over-clocked mind, a keyboard he uses like a verbal machine gun, and, best of all, a dark sense of humor, he'd go forth against massive industrial forces and return grinning, if a little beat up.
Indeed, many of the essays collected under this dubious title are not only memoirs of his various campaigns but are themselves the very weapons he used in them. Fortunately, he has spared you some of the more sophisticated utilities he employed. He is not battering you with the nerdy technolingo he commands when stacked up against various minutiacrats, but I assure you that he can speak geek with people who, unlike Cory, think they're being pretty social when they're staring at the other person's shoes.
This was a necessary ability. One of the problems that EFF has to contend with is that even though most of our yet-unborn constituency would agree heartily with our central mission - giving everybody everywhere the right to both address and hear everybody everywhere else - the decisions that will determine the eventual viability of that right are being made now and generally in gatherings invisible to the general public, using terminology, whether technical or legal, that would be the verbal equivalent of chloroform to anyone not conversant with such arcana.
I've often repeated my belief that the first responsibility of a human being is to be a better ancestor. Thus, it seems fitting that the appearance of this book, which details much of Cory's time with the EFF, coincides with the appearance of his first-born child, about whom he is a shameless sentimental gusher.
I would like to think that by the time this newest prodigy, Poesy Emmeline Fibonacci Nautilus Taylor Doctorow - you see what I mean about paternal enthusiasm - has reached Cory's age of truly advanced adolescence, the world will have recognized that there are better ways to regulate the economy of mind than pretending that its products are something like pig iron. But even if it hasn't, I am certain that the global human discourse will be less encumbered than it would have been had not Cory Doctorow blessed our current little chunk of space/time with his fierce endeavors.
And whatever it is that might be "contained" in the following.
Microsoft Research DRM Talk

(This talk was originally given to Microsoft's Research Group and other interested parties from within the company at their Redmond offices on June 17, 2004.)


Greetings fellow pirates! Arrrrr!
I'm here today to talk to you about copyright, technology and DRM, I work for the Electronic Frontier Foundation on copyright stuff (mostly), and I live in London. I'm not a lawyer -- I'm a kind of mouthpiece/activist type, though occasionally they shave me and stuff me into my Bar Mitzvah suit and send me to a standards body or the UN to stir up trouble. I spend about three weeks a month on the road doing completely weird stuff like going to Microsoft to talk about DRM.
I lead a double life: I'm also a science fiction writer. That means I've got a dog in this fight, because I've been dreaming of making my living from writing since I was 12 years old. Admittedly, my IP-based biz isn't as big as yours, but I guarantee you that it's every bit as important to me as yours is to you.
Here's what I'm here to convince you of:
1. That DRM systems don't work
2. That DRM systems are bad for society
3. That DRM systems are bad for business
4. That DRM systems are bad for artists
5. That DRM is a bad business-move for MSFT
It's a big brief, this talk. Microsoft has sunk a lot of capital into DRM systems, and spent a lot of time sending folks like Martha and Brian and Peter around to various smoke-filled rooms to make sure that Microsoft DRM finds a hospitable home in the future world. Companies like Microsoft steer like old Buicks, and this issue has a lot of forward momentum that will be hard to soak up without driving the engine block back into the driver's compartment. At best I think that Microsoft might convert some of that momentum on DRM into angular momentum, and in so doing, save all our asses.
Let's dive into it.
--
1. DRM systems don't work
This bit breaks down into two parts:
1. A quick refresher course in crypto theory
2. Applying that to DRM
Cryptography -- secret writing -- is the practice of keeping secrets. It involves three parties: a sender, a receiver and an attacker (actually, there can be more attackers, senders and recipients, but let's keep this simple). We usually call these people Alice, Bob and Carol.
Let's say we're in the days of the Caesar, the Gallic War. You need to send messages back and forth to your generals, and you'd prefer that the enemy doesn't get hold of them. You can rely on the idea that anyone who intercepts your message is probably illiterate, but that's a tough bet to stake your empire on. You can put your messages into the hands of reliable messengers who'll chew them up and swallow them if captured -- but that doesn't help you if Brad Pitt and his men in skirts skewer him with an arrow before he knows what's hit him.
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