Facebook, Google, and Intellectual Property 77
Scott Jaschik sends us to Inside Higher Ed, where a librarian explains why the tradeoffs we're facing with social networking sites — e.g. privacy vs. a space to build one's personal "brand" — echo issues faced years ago by academics who publish in journals that their institutions' libraries can not then afford. The author argues that, as the Open Access movement is busily restructuring academic publishing, we need to find a way of retaining the personal value to the individual of social networking and Web 2.0 sites, and not allow that value to be eclipsed by the commercial worth of the data the sites obtain about us. In the author's view, the tension is in "...the fundamental relationship between the individual's desire to share their thoughts and experiences with others and the commercial entities that provide the distribution channel for that act of sharing."
Not wanted here... (Score:2, Insightful)
You cannot "sell" your smart. It's above any reasonnable freedom threshold.
Your neurons are patented!
Re:Not wanted here... (Score:5, Insightful)
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Re:Not wanted here... (Score:5, Informative)
I certainly espouse the ideals of human rights, but the gp points out that these rights are only as strong as any given government's will to protect them. Not only that, but it is possible to read this sort of protection as imposition (see the problems with Islamic head-scarfs in secular countries such as the Netherlands and Turkey).
I also disagree that the content of certain human rights spring up spontaneously. What we know as human rights is a Western import, and thus inspired by Christianity (not even stemming from Greco-Roman philosophy, which had no concept of the universal rights of human beings, only citizens).
I do believe that what we consider human rights are simply the embodiment of a 'beneficial' swing in the movement of what Nietzsche called the will to power. I mean (to put in the least technical language possible): the strongest wins, and luckily (for us) the winning side espouses human 'rights' that concur with our opinions, which is only natural because these our the basis of our culture.
Re:Not wanted here... (Score:4, Informative)
This is not entirely true--the first declaration of human rights [wikipedia.org] was written by a Zoroastrian [wikipedia.org], not a Christian.
That empire was the first in the world to guarantee liberty and religious freedom, and was not again matched until much, much later. (The legal abolition of slavery in any empire would not be repeated again until the 2nd millenium AD, to my knowledge.)
There is a compelling case to be made that Christianity gave birth to capitalism, which in turn spawned democracy and legal recognition of human rights. (Rodney Stark's book The Victory of Reason is perhaps the flagship of this philosophy.) And while Christian theologians certainly touched on the idea of natural rights, as afforded by the Creator, their integration into legal systems occurred in Islamic empires before they did in the Christian world.
It is very interesting, though, that you can directly trace the concept of human rights to monotheistic religion. Ultimately the doctrine of free will is the precursor to any philosophical recognition of human rights, and Zoroastrianism and Christianity are perhaps the two religions that focus most heavily on free will. (Personally I believe Islam does too, but the theology surrounding human will vs. God's will inspired a very fatalistic bend to modern Islam, which is unfortunate.)
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It is very interesting, though, that you can directly trace the concept of human rights to monotheistic religion.
Hm... this makes me wonder: can you really trace the concept of human rights to monotheistic religion, or is it just the formal declaration of such? I don't have any references handy, but I've read in many places about various different polytheistic cultures that believed in everyone's right to defend themselves from harm and some other of the basic human rights that we believe in (although, admittedly, not all of them). It was never set down in law because it just was. There was no declaration needed.
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Hm... this makes me wonder: can you really trace the concept of human rights to monotheistic religion, or is it just the formal declaration of such?
I think, for some rights, you can--or at least the universality of those rights. Often a tribe would recognize its members right to life or liberty, but a conquered people were not afforded those same dignities. Monotheistic religion generally makes absolute statements about the equality of all people. That's what makes the Cyrus Cylinder so impressive: in it, Cyrus declares that all people, regardless of race, creed, or even gender (women's rights were remarkably progressive during the Achaemenids), have
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I think, for some rights, you can--or at least the universality of those rights. Often a tribe would recognize its members right to life or liberty, but a conquered people were not afforded those same dignities. Monotheistic religion generally makes absolute statements about the equality of all people. That's what makes the Cyrus Cylinder so impressive: in it, Cyrus declares that all people, regardless of race, creed, or even gender (women's rights were remarkably progressive during the Achaemenids), have the right to live freely (not be enslaved), choose their ruler, and worship as they please. Now it's doubtful that Cyrus is promoting absolute democracy in this case, but he did allow his subjects considerable autonomy in determining their own governments. He collected a tribute, but in exchange he provided a great deal of protection (and ultimately prosperity, thanks to his organization of the empire).
Interesting... in the context of this conversation all I can think of is the way the Romans (after adopting Catholicism) treated some of their conquered peoples, which was admittedly not with universal rights. I guess that no religion or people is perfect in the enforcing/recognizing human rights. I still feel that there were recognized and enforced human rights before monotheism, but perhaps monotheistic cultures were the first to put them down so that now, many many years later, we can examine them.
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Christianity tries to coerce people into submission, by threatening them with eternal suffering. Christianity is thus not the "inspiration" for modern human rights, but the very opposite.
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Christianity is thus not the "inspiration" for modern human rights, but the very opposite.
That's not entirely true. Not that I'd like to promote any form of religion, but often religions at least restrain themselves by placing things we like to call "human rights" into their holy texts, e.g. the Bible or the Qur'an. Religions surely didn't place them into their texts to be nice, it's more likely that they were added to gain more followers because rights weren't such a common thing if we look back in history. Of course, the people who have invented religions were smart; otherwise, they would hav
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And so it begins...
BTW, you're slave to my meme: (Score:1)
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Personal Brand (Score:3, Funny)
Facebook look: grand.
With wave of the hand,
Appear spontaneously planned:
Burma Shave
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Aside from patents, I can't think of any form of IP that infringes on that right, and patents only prevent you from "expressing" yourself by creating and marketing a product using your "smarts" that someone has coincidentally created before you. It's not much, but it certainly makes patents the most questionable of IP forms. Still, I see little justification for calling all IP a "crude evil" without resorting to sloppy over-generalisation and irrationa
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You can have my basic human rights when you can pry it from my cold, dead hands . . . oh wait.
Right to speak freely (Score:1, Informative)
Therefore it takes an effort to stop me saying what I want.
That says "natural right" to me.
"IP" however, requires force to make exist. That's not a natural right. That's an enforcement of a right.
Room to shape personal brand (Score:5, Insightful)
The commercialization is to some degree inevitable--after all, it's unlikely that Facebook would have ever been launched but for the hopes of striking it rich--but as long as the data is limited to what YOU provide then it's hard to complain about Facebook doing exactly what it promised it would do (namely, using that data to support the servers, coders, tech support, etc).
I don't see why it has to be zero-sum. The author suggests that we need to avoid the personal value of the data being "eclipsed" by the commercial data, but they seem totally synergistic: If Facebook can afford to hire more coders to come up with more innovative new ways to connect to each other, then it doesn't matter to me if they make more use of my data for commercial purposes, so long as EACH commercial use is not harmful. This is like the debate over ad targeting all over again -- a lot of people prefer targeted ads ("commercial value") over broadcast ads because sites can recoup their costs with fewer and less intrusive targeted ads, and targeted ads are far less annoying than the v--gra sp-m that we all get by email.
In sum -- there's no reason why commercial and personal uses are in opposition to each other. If each commercial use is not harmful (i.e., my data isn't revealed or mis used) then it supports the personal use. Synergy, not parasitism.
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I fail to see how targeted ads based on the user's preferences is synergistic when
it only serves to enrich ONE side of the equation - the seller.
If perhaps they offered exclusive offers with such (lets face it, spam) marketing,
THAT might be synergy. As is, it's marketing targeted at one's privacy ignorance.
The user stands to gain nothing more than carefully selected spam. It's still spam.
Re:Room to shape personal brand (Score:5, Insightful)
Do you think Google could support 5 gig of storage for every Gmail account if it couldn't target ads? That's an indirect synergistic effect -- a service that wouldn't exist but-for creative commercialization.
And would Amazon be half as useful if it didn't provide the "users who viewed this product also bought ___" feature? That's a direct synergistic effect -- a service that is made more useful by creative commercialization.
I'm not saying every use of data by Facebook is great. They've gone way too far sometimes. But there's no inherent reason why, done RIGHT, commercial use of data can't make the service better. The ground rules still stand---each commercial use must not cause harm, nor may the aggregate---but if we assume that it's done right there's no reason why there must be tension between commercial and private. I want to use the best possible Facebook/MySpace/LiveJournal/etc service and I don't care if Zuckerberg makes a million or two in the process, so long as he doesn't do so by harming me.
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Josh
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The former is about combining inputs, the latter is about dividing the output.
Re:Room to shape personal brand (Score:5, Insightful)
"there's no reason why commercial and personal uses are in opposition to each other"
if a user values privacy, and it's profitable to sell/market users' data (as is generally the case now), then there's a fundamental opposition here.
At minimum, it is not in most companys' interest to invest large sums of money protecting users' data...
Also, I think there's a vast difference between targeted ads, and taking user generated content, packaging it, locking it down, and selling it back to everyone. It seems to me that the main point of value in sites like eBay, MySpace and facebook is simply that everyone uses them! It's not like the services they provide are that great. The same is true with academic journals. Academics write (and nowdays often render) the articles, other academics review the articles. What exactly are the journals even doing? Printing the damn thing - that's all. And institutions pay thousands of dollars per year to read the articles. What a racket!
To say it again - it's _only_ the users that give these companies value. They're on a total gravy-train, and they know it.
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Think they could help?
Coming up after the break, genie escapes from bottle.
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Re:Room to shape personal brand (Score:5, Insightful)
I've got no problem with companies making money out of user-generated data/effort/networking/etc. Jamendo, Google, MySpace are good examples. But.. I think it's really important that standards and sites are open. eBay/facebook/skype lock-in are (I think) bad for consumers, and those companies are leveraging their position/lockin to remain on top and stifle competition.
For example, compare skype to gizmo. Gizmo uses SIP (hence is open and operates with any other SIP phone. Skype operates with... Skype. I think consumers should consider inter-operability more when making their spending decisions.
Re:Room to shape personal brand (Score:4, Funny)
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You are very clever - well done.
Skype and Gizmo both have paid services. As does google. As do academic journals.
Users of facebook, while not paying cash directly, are paying with their privacy.
Re:Room to shape personal brand (Score:5, Insightful)
At minimum, it is not in most companys' interest to invest large sums of money protecting users' data...
Controlling the flow of data and making sure that your investment and your proprietary information doesn't give a free ride to your competitors sits at the very heart of an information-based economy.
They will invest a considerable amount of money protecting access to data, because if you make money from selling something, it doesn't do well not to build any fences or locks. Why would anyone enter into a financial partnership with, say, Facebook, if they could access that same information without doing so? You can bet they'll go to the mat for your privacy from unauthorized parties. The only conflict arises from who has the power to authorize.
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Re:Room to shape personal brand (Score:4, Insightful)
For example, the email address you use to sign up to slashdot may be shown or it may not - at your option. But would Aunt Mary, Joe Sixpack or Ditzy Teen grok that? And would the site make much of an effort to clarify it, given that from the site's POV more data is better?
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Basic hosting. (Score:1)
Re:Basic hosting. (Score:5, Insightful)
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Or completely free with no ads whatsoever http://pages.google.com/ [google.com]
Re:Basic hosting. (Score:4, Insightful)
Re:Basic hosting. (Score:4, Informative)
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Sorry... (Score:2)
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Sucky system, seems to me there must be some way to cut out the middlemen.
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You're saying that if people are worried about privacy, they should put their information on a completely public webpage, rather than making use of features on sites like Facebook and LiveJournal that allow you to restrict access to certain people?
OSN: An Open Source Social Network (Score:3, Interesting)
Obligatory marketing blurb follow: OSN [osnlive.com] is a shiny new open source open protocol distributed social network. From a user perspective all the individual sites in the OSN federation appear as one. Users can search, browse profiles, send messages, and link to each other without regard to which sites other users are using. S/MIME public key cryptography is used to unambiguously identify senders and is combined with the social network to make the system resilient to spam. Spammers get voted off the island. User profiles are based on the FOAF [foaf-project.org] XML file format and users can migrate their profile from one site to another. OsnLive.com [osnlive.com] is the first site running OSN.
Great work mate, but... (Score:1)
and interacting with other fb users, I really don't think that demographic gives a rats ass about
the whole proprietary vs open debate.
We care about that, but is there anything worthwhile for us to do on facebook? (other than finding all
the hot girls we used to know
lack of topic or direction, or the superficialness (if thats a word) of it all.
It's so dweebish (Score:2)
The only person on this "social network" seems to be the above poster. The "about" page is mostly a discussion of the cryptosystem, and the paper is worse. This is social networking designed by a crypto dweeb.
Peer to peer social networking may be a good idea, but it needs far better marketing than this.
Aren't there ample precedents that cover this? (Score:5, Interesting)
No.
Do UPS and FedEx get a share of the goods they ship?
No.
Do ISPs and carriers have a claim on the value of web content?
No.
Moving bits around entitles network providers to their monthly fee and that's all. People have been carrying, packing and storing other people's things for centuries. The fact that it's the Internet doesn't add any new complicated twists. The plumber has never had the right to use your bathtub.
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Which is why this needs to be fought hard, NOW
I'd cancel Facebook and move to an Open solution with a Mission Statement that included statements about never advertising (I support Wikipedia for the same reason that they don't generate revenue from adverts). I also want to be able to (a) Show a certain amount of content to public browsers, (b) Show a certain amount of content to registered users of the service, (c) Show a certain amount of content to "friends", and finally (d) Show a certain amount of content on a user-by-user basis. Of course, I wo
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Isn't advertising the "service fee" you pay for? My ISP doesn't advertise to me while I use the Internet, although some companies have tried that (remember NetZero?).
Inevitable escalation (Score:3, Insightful)
It's just that when *everyone* has one, you know, you're kind of back to square one. And similarly, when *every* commercial player has a hip social networking solution, they do kind of blend into background noise. I'm going to wait until the inevitable next step, 'social networking site networks' in which networks of social networking sites will busily build *their* brands. And three months later when that brand space is crowded, venture capitalists will eagerly announce netwros of social networking site networks and all the social networks (by that time everyone will have their own social network) will crowd to build their brands in this new tier...
*wakes up in a cold sweat*
Well lets take a look at slashdot (Score:5, Insightful)
The stories are submitted by the READERS (that is you), the comments are submitted by the READERS, the moderating is done by the READERS, the testing of new features is done by the READERS, the polls are suggested by the READERS, the new layout was created by a READER!
Who earns money from this site? NOT the READERS!
Normally you would expect a site to present content the site owner produced and then display it for money. Social sites, wether it is slashdot, youtube or facebook don't have any content of their own, instead they provide a space for the readers to present content to other readers. This is NOT that new. The letters page in any newspaper gives the paper "free" content as well, but it is nonetheless an odd thing.
There is an unspoken agreement that in exchange for giving you a space to voice your opinion, you allow the space provider to use your comment to make a profit. But slashdot trained monkeys who call themselves editors do occasionaly come up with their own stories, and add idiotic conclusions. Newspapers have other pages then the letter page.
But sides like youtube or myspace have NO content at all of their own. It then becomes a rather difficult question of exactly how much you own them for giving you a space to express yourselve. Remember "free" homepages? The one you probably still have with your ISP subscription? It seems pretty clear there that YOU own the contents of the page. Why should it be different for a social website?
I agree with the article, we seriously need to question just who owns what. Remember the writers strike? One of the things a lot of people mentioned was that reality shows would be on the increase because they don't employ writers. Actually reality shows are written as well (writers do more then just write dialogue), but you might even ask yourselve wether these "real" people that create content through their lives for the TV stations to sell don't qualify as writers as well.
Could the maintainer of a myspace site be listed as a writer? Why is a columnist a writer, but not a blogger? Who owns your content? When do you go from a letter writer to a journalist?
Just how much do you own the hoster of you content in exchange for this service. Myspace has a lot of nudie pics, say it decided to host all these pics on a pay-per-view portion of the site. You agreed for it to be public, but there is a difference between a flasher pic on your own page and it being displayed on a site with nothing but nudie pics. Just how far can myspace go with your content?
Intresting questions, and I fear that sooner or later we will find a story where a site owner goes to far.
Re:Well lets take a look at slashdot (Score:4, Funny)
No "tension", they won before the first shot (Score:3, Insightful)
Well, let's see... With scientific journals, the author pays to publish, has to pay if they want to receive the journal, and the journal retains all the copyrights. So...
and the commercial entities that provide the distribution channel for that act of sharing
I'd say this sounds pretty clear-cut - If you want your personal data to stay personal, pay for your own hosting with a privacy-friendly (which usually also means spammer-friendly, unfortunately) comapany. If you want free hosting, all your base are belong to Facebook.
I have an idea (Score:2, Insightful)
Intellectual property? (Score:1)