'We, The Web Kids': Manifesto For An Anti-ACTA Generation

One of the striking features of the demonstrations against ACTA that took place across Europe over the last few weeks was the youth of the participants. That's not to say that only young people are concerned about ACTA, but it's an indication that they take its assault on the Internet very personally -- unlike, perhaps, older and more dispassionate critics. 

On Techdirt.

Recalibrating Intellectual Monopolies

For the last half-century or so, there has been an implicit acceptance that the more intellectual monopolies we have, the better (even if it's not framed in those terms, but of the cuddlier "intellectual property" lie.) Many of us are rebelling against that framing, and at last there seems to be some shift in perceptions. Here are two recent signs of hope.

First, we have a submission from Brazil to the World Intellectual Property Organization (WIPO) on the subject of of exceptions and limitations to patent rights, which contains the following remarkable passage:

The naïve assumption that providing IP title holders with stronger rights will, by itself, foster innovation or attract investments is no longer acceptable. The open and global economy has rejected this assumption and severely hit the very essence of the patent system, whereby a country would confer an artificial and temporary “monopoly” for the inventor in exchange of having the invention revealed allegedly benefiting the society. No such thing is currently taking place, with a few countries excepted. What, then, does a Member State get out of being part of WIPO? If contributing to the welfare of the society does not constitute a major aspect of what a country could get out of being part of a member-driven UN Organization such as WIPO, what could it possibly be?

Good question there, Brazil.

Meanwhile, in the world of copyright, we have The Public Domain Manifesto. This is a long and rich document that is worth reading in its entirety. Here's a taster:

The public domain, as we understand it, is the wealth of information that is free from the barriers to access or reuse usually associated with copyright protection, either because it is free from any copyright protection or because the right holders have decided to remove these barriers. It is the basis of our self-understanding as expressed by our shared knowledge and culture. It is the raw material from which new knowledge is derived and new cultural works are created. The Public Domain acts as a protective mechanism that ensures that this raw material is available at its cost of reproduction - close to zero - and that all members of society can build upon it. Having a healthy and thriving Public Domain is essential to the social and economic well-being of our societies. The Public Domain plays a capital role in the fields of education, science, cultural heritage and public sector information. A healthy and thriving Public Domain is one of the prerequisites for ensuring that the principles of Article 27 (1) of the Universal Declaration of Human Rights ('Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.') can be enjoyed by everyone around the world.

At the heart of the manifesto are the following simple, and yet sadly radical ideas:

1. The Public Domain is the rule, copyright protection is the exception. Since copyright protection is granted only with respect to original forms of expression, the vast majority of data, information and ideas produced worldwide at any given time belongs to the Public Domain. In addition to information that is not eligible for protection, the Public Domain is enlarged every year by works whose term of protection expires. The combined application of the requirements for protection and the limited duration of the copyright protection contribute to the wealth of the Public Domain so as to ensure access to our shared culture and knowledge.

2. Copyright protection should last only as long as necessary to achieve a reasonable compromise between protecting and rewarding the author for his intellectual labour and safeguarding the public interest in the dissemination of culture and knowledge. From neither the perspective of the author nor the general public do any valid arguments exist (whether historical, economic, social or otherwise) in support of an exceedingly long term of copyright protection. While the author should be able to reap the fruits of his intellectual labour, the general public should not be deprived for an overly long period of time of the benefits of freely using those works.

3. What is in the Public Domain must remain in the Public Domain. Exclusive control over Public Domain works must not be reestablished by claiming exclusive rights in technical reproductions of the works, or using technical protection measures to limit access to technical reproductions of such works.

4. The lawful user of a digital copy of a Public Domain work should be free to (re-)use, copy and modify such work. The Public Domain status of a work does not necessarily mean that it must be made accessible to the public. The owners of physical works that are in the Public Domain are free to restrict access to such works. However once access to a work has been granted then there ought not be legal restrictions on the re-use, modification or reproduction of these works.

5. Contracts or technical protection measures that restrict access to and re-use of Public Domain works must not be enforced. The Public Domain status of a work guarantees the right to re-use, modify and reproduce. This also includes user prerogatives arising from exceptions and limitations, fair use and fair dealing, ensuring that these cannot be limited by contractual or technological means.

"The Public Domain is the rule, copyright protection is the exception": sounds like a good encapsulation to me - let's start spreading it.

Follow me @glynmoody on Twitter or identi.ca.

Making Government IT Better - and Open

As I've noted many a time, the UK government has been one of the most backward when it comes to adopting open source solutions.

The fact that over the last few years it has started to make vague noises about doing so shows more that it's realised it looks pretty dumb compared to other governments as a consequence, not that it's serious about things. Indeed, it's still the case that closed-source software dominates government procurement. A leaked copy of the government's IT strategy has the following imaginative attempt to explain why that is...

On Open Enterprise blog.

Reclaim The Commons: A Manifesto

As long-suffering readers of this blog will have noticed, I rather like the concept of the commons. As well as being good in itself, it also provides a way of linking many disparate fields - software, content, data, knowledge, fisheries, forests, oceans, the atmosphere. That's not really surprising, since the thing these all have in, er, common is that we share them, and the commons offers a model for sharing without destroying.

It's a viewpoint that's becoming increasingly widely shared (sorry, these words just keep popping up), and now we have this splendid manifesto that is specifically about all the commons I mentioned above, and how we need to change our attitudes to them:

Humankind is suffering from an unprecedented campaign of privatization and commodification of the most basic elements of life: nature, culture, human work and knowledge itself. In countless arenas, businesses are claiming our shared inheritance - sciences, creative works, water, the atmosphere, health, education, genetic diversity, even living creatures - as private property. A compulsive quest for short-term financial gain is sacrificing the prosperity of all and the stability of the Earth itself.

The dismal consequences of market enclosures can be seen in our declining ecosystems: the erosion of soil and biodiversity, global climate change, reduction of food sovereingty. Agressive intellectual property politics harness those suffering from neglected deseases or who can't purchase patented medicines, reduce cultural diversity, limit access to knowledge and education, and promote a global consumerist culture.

...

a new vision of society is arising - one that honors human rights, democratic participation, inclusion and cooperation. People are discovering that alternatives and commons-based approaches offer practical solutions for protecting water and rivers, agricultural soils, seeds, knowledge, sciences, forest, oceans, wind, money, communication and online collaborations, culture, music and other arts, open technologies, free software, public services of education, health or sanitization, biodiversity and the wisdom of traditional knowledges.

The manifesto has a very concrete, practical aim alongside the more general one of raising awareness of the commons:

The signers of this Manifesto, launched at the World Social Forum of 2009, call upon all citizens and organizations to commit themselves to recovering the Earth and humanity's shared inheritance and future creations. Let us demonstrate how commons-based management - participatory, collaborative and transparent - offers the best hope for building a world that is sustainable, fair and life-giving.

This Manifesto calls upon all citizens of the world to deepen the notion of the commons and to share the diverse approaches and experiences that it honors. In our many different ways, let us mobilize to reclaim the commons, organize their de-privatization and get them off markets, and strengthen our individual initiatives by joining together in this urgent, shared mission.

I particularly liked the framing of commons-based management as "participatory, collaborative and transparent", since this applies perfectly to open source, open content, and all the other things this blog has been covering.

I've signed the manifesto, and I urge you to do so and spread - no, share - the news about this important initiative.

Follow me @glynmoody on Twitter or identi.ca.

The Mozilla Manifesto

It's either a sign of a growing maturity - or of great hubris - that the Mozilla Foundation under the guidance of the Chief Lizard Wrangler herself, Mitch Baker, feels moved to offer the world the Mozilla Manifesto:

The Manifesto sets out a vision of the Internet as a piece of infrastructure that is open, accessible and enriches the lives of individual human beings. It includes a pledge from the Mozilla Foundation about taking action in support of the principles of the Mozilla Manifesto. It extends an invitation to others to join us, either by working directly with the Foundation or through other activities that support the Mozilla Manifesto.

It adheres to the following principles:

1. The Internet is an integral part of modern life - a key component in education, communication, collaboration, business, entertainment and society as a whole.

2. The Internet is a global public resource that must remain open and accessible.

3. The Internet should enrich the lives of individual human beings.

4. Individuals' security on the Internet is fundamental and cannot be treated as optional.

5. Individuals must have the ability to shape their own experiences on the Internet.

6. The effectiveness of the Internet as a public resource depends upon interoperability (protocols, data formats, content), innovation and decentralized participation worldwide.

7. Free and open source software promotes the development of the Internet as a public resource.

8. Transparent community-based processes promote participation, accountability, and trust.

9. Commercial involvement in the development of the Internet brings many benefits; a balance between commercial goals and public benefit is critical.

10. Magnifying the public benefit aspects of the Internet is an important goal, worthy of time, attention and commitment.

I get the feeling that the lizard will continue to surprise in all sorts of ways in the years to come.