TUT-100-29: Free software, free culture

Office hours

My office, Noyce 3829, is on the Eighth Avenue side of the Science Building, on the top floor, at the east end of the long corridor.

Office hours for this semester are

My telephone number, on campus, is 3181. My e-mail address is stone@cs.grinnell.edu.

Citation guides

Readings

Alternative and optional readings

Current links

"Silentcoder," ``Re: I think you've already decided...'' Slashdot, December 1, 2009.

"Too Much Joy," ``My hilarious Warner Bros. royalty statement,'' December 1, 2009.

"Enigmax," ``Anti-piracy group refuses bait, DRM breaker goes to police,'' TorrentFreak, December 1, 2009.

Glyn Moody, ``Harnessing openness in higher education,'' Open ..., November 30, 2009.

About Grinnell's student evaluations:

Electronic Frontier Foundation, ``Terms of (ab)use,'' November 24, 2009.

Alexandros Stavrakas, ``When piracy isn't theft,'' The guardian, November 24, 2009.

Free Culture Forum, ``Charter for innovation, creativity, and access to knowledge,'' November 1, 2009.

Bennett Haselton et al., ``Your rights online: An inbox is not a glove compartment.'' Slashdot, November 2, 2009.

Robert McMillan, ``How to DoS a federal wiretap.'', TechWorld November 17, 2009.

John Perry Barlow, ``A declaration of the independence of cyberspace.'' February 8, 1996.

Lee C. Van Orsdel and Kathleen Born, ``Reality bites: periodicals price survey 2009.'' Library journal, April 15, 2009.

Andrea Brandolini and Timothy M. Smeeding, ``Inequality patterns in Western-type democracies: Country differences and time changes.'' Centre for Household, Income, Labour and Demographic Economics, April 17, 2007.

Eben Moglen, ``Software and community in the early 21st century.'' (text transcription)

Eben Moglen, ``Die Gedanke sind frei: Free software and the struggle for free thought.'' (text transcription)

Check your references!

``RIP: a remix manifesto'' -- recommended by J.N. from our class. The filmmakers invite donations; contribute whatever you think appropriate. Ogg Theora version

Relating to the Bilski patent case:

Steven Arntson, ``The absent second: an explanation.''

Bruce Lehman's ``White Paper'' and a contemporary commentary on it by Pamela Samuelson.

The Electronic Frontier Foundation

Berkman Center for Internet & Society

Current assignments

Drafts for writing assignment 5 can be submitted at any time between now and Tuesday, December 8. The finished paper is due at the last meeting of the class -- Thursday, December 10.

We'll hear oral presentations from members of the class on Tuesday, December 1; Thursday, December 3; and Tuesday, December 8. Each member of the class should have received an e-mail giving the date for which his or her presentation has been scheduled.

Grinnell College's copyright policy, as it applies to student works

Sections 4D and 4E of the College's copyright policy deal with the use of works created by students to fulfill assignments in their courses. Here's the general statement and the one important qualification:

Intellectual works eligible for copyright protection created by students of the College in the course of their academic pursuits (including works of art, original musical compositions, scientific posters, creative and scholarly writing, and like works) are owned by their creator(s) and any revenue derived from these works likewise belongs to the creator(s).

However, unless otherwise agreed in writing, such work may be reproduced by the College and its officers for distribution within the College community without fee for instructional or administrative purposes.

In effect (if I'm reading this correctly -- I am not a lawyer), the College sees students as licensing copying and distribution of their work, but only within the College and only to advance the educational mission of the College.

Fair use

In chapter seven, Lessig mentions that someone who is charged with copyright infringement can sometimes assert a "fair use" privilege, but he doesn't explain exactly what this is or how it would work as a legal defense. The legal basis for an assertion of fair use is a section of the federal copyright law, United States Code title 17, chapter 1, section 107, which says that

the fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

What distinguishes a "fair" use from an unfair and illegal one? The law gives guidelines rather than exact criteria:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

Since these are only "factors to be considered" rather than definitive specifications, it's pretty much left up to the courts to determine what counts as a fair use in practice, and the record so far is somewhat inconsistent and leaves many important questions unsettled. If you don't want to hire a lawyer, the best general advice I know of is the article Fair use produced by the Copyright and Fair Use Center at Stanford University.

Course abstract

Do works of popular culture belong to the artists and writers who create them, to the corporations that market and distribute them, or to the communities that take them to heart and sustain them? Who may read them or listen to them or watch them? Who may make copies of them to share with others? Who may adapt, remix, and repurpose them?

The last two decades of radical improvements in technologies for creating, storing, copying, and sharing works of popular culture in digital formats have undermined the legal and moral foundations for the previously accepted answers to these questions, forcing us to reconsider the underlying issues and raising the possibility that we might reach different conclusions.

We'll consider the views and interests of various parties in the debate and assess some well-grounded efforts to reconcile them, beginning with techniques originally contrived to protect the free development and exchange of software, including some programs that are well known and widely used (such as Firefox, OpenOffice.org, and Linux). Finally, we'll consider connections between the debate over popular culture and the traditional concepts of academic freedom and open exchange of ideas, reasoning, and evidence.

Acknowledgements

I am indebted to Daniel Blees and Paden Roder for pointing out typographical errors in earlier versions of this page.