Why Computer Companies Should Copy The Fashion Industry

Techdirt has had many posts pointing out that the huge and vibrant fashion industry is a perfect demonstration that you don't need monopolies to succeed, and that bringing in copyright for clothes and accessories now would be positively harmful. One of the people who's been making that point for years is Kal Raustiala (co-author of this month's Techdirt book club choice, The Knockoff Economy). NPR Books has just posted a short interview with him that succinctly explains why copyright would be a disaster for the fashion industry. Here are a couple of the key points. 

On Techdirt.

Daft Idea Of The Week: Giving People Copyright In Their Faces

Copyright maximalism has proceeded along two axes. The first is the term of copyright, which has been steadily extended from the basic 14 years of the 1710 Statute of Anne to today's life + 50 or 70 years, depending on the jurisdiction. The other is the scope of copyright, where there are constant attempts to make yet more fields of human endeavor subject to it – for example fashion or food. 

On Techdirt.

A Rational Way To Dispose Of Counterfeit Designer Clothes: Donate Them To The Homeless

The narrative around counterfeit goods usually ends with their seizure. We rarely get to hear or see what happens to them afterwards unless some token burning or breaking is laid on for the cameras' benefit. That makes the following story doubly noteworthy: we not only find out where fake designer clothes go after they have been seized in the UK, we discover that they are put to an excellent use: 

On Techdirt.

Fashion Industry Repeats Software's Mistakes

Software patents are stupid on both theoretical and practical grounds. Since software is just algorithms - that is, maths - software patents are intellectual monopolies on pure knowledge. Practically, they make coding almost impossible, since software patents have been given for so many trivial and common programming techniques.

Unbelievably, it looks like the fashion industry is going to allow big business to impose something similar there:

Let’s say we help you produce this line, you sell it and make your pile crumbs. Then -thanks to the influence of the Council of Fashion Designers of America (CFDA, membership by invitation only) and Congress- somebody can come out of the woodwork and claim it is their design, they own it and now you owe them. If they registered the design and you didn’t know it, this could be perfectly legal. Of course you didn’t copy them but it won’t matter. The fact that society designers have been copying nameless unknown independent designers for years doesn’t even register. Even Diane Von Furstenberg, the leading champion of this bill recently got caught doing it. Because you don’t have any money, this party will sue everyone in your production and retail chain. That means pattern makers, contractors and the stores who bought your stuff. So in the interests of avoiding law suits, any service provider is going to require you prove you own it. It’s even worse for retail buyers who face potential criminal prosecution for dealing in pirated goods. Everybody who helps you or buys from you is going to require you to prove ownership of your concept before they’ll have anything to do with it. If wealthy society designers like Diane Von Furstenberg have their way, this could become an unfortunate reality. Paradoxically, CFDA is telling Congress they’re protecting you.

The parallels with software are clear: the use of lawyers to bully smaller companies who employ software coding techniques that are obvious but have been wrongly granted patents in some jurisdictions.

The only consolation is that if this legislation is passed, and the fashion industry goes into meltdown, the obvious difficulties there will help legislators understand why software patents are such a stupid idea at all levels.

Follow me @glynmoody on Twitter or identi.ca.

GNU/Linux does "Fashion" Robotics

I'd not paid much attention to the Japanese "fashion" robot, until I came across this:

Japan's National Institute of Advanced Industrial Science and Technology (AIST) has demonstrated a Linux-based humanoid robot that will perform in a fashion show next week. The HRP-4C runs the robotics-focused hard real-time ART-Linux distro, which was released this week for Linux 2.6xx under GPL.

The HRP-4C robot and the open-source ART-Linux distro (see more farther below) were developed by AIST's Human Robotics Group (HRG). ART (Advanced Real-Time) Linux has been used in a variety of humanoid robot prototypes from the Japanese government-backed HRG/AIST, says the group. The newest HRP-4C model announced earlier this week has been a hit on YouTube (see below). Designed to look like a young Japanese woman, the robot stands (and walks) about five feet, two inches (158 centimeters), and weighs about 95 pounds (43 kilograms).

Inevitable, really: why would you use anything else?

Open Fashion

There is a theoretical framework (at least) around the fashion industry that supports the argument that nothing is an original idea. The fashion industry makes an excellent exemplar microcosm of this concept in action. Fashion trends gain popularity and then wane and over time different trends are re-appropriated (think the come back of fluro right now). When new ideas or concepts emerge if may become the next big trend if other designers analyse it, take influence from it and incorporate elements into their own works. Pretty soon this becomes a trend, and eventually a fashion convention.

But what if designers explicitly allowed this reuse and adaption? What if these kinds of activities and norms were formalised using the law as an instrument? What would this mean for the fashion industry?

Discuss....

The US Fashion Industry's Death-Wish

Another great post from Mike Masnic:

The fashion industry got jealous of the entertainment industry's ability to crack down on innovation with copyrights and pushed Congress to introduce new legislation that would add a copyright for fashion design. Recently such laws have been getting a big push from politicians who are pandering to the fashion industry. Of course, studies have shown that the very reason the industry has thrived was because the lack of IP protection. In fact, one bit of research showed that adding IP protections to fashion could kill the industry.