[HN Gopher] Cory Doctorow: IP (2020)
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       Cory Doctorow: IP (2020)
        
       Author : akkartik
       Score  : 130 points
       Date   : 2021-01-30 17:35 UTC (5 hours ago)
        
 (HTM) web link (locusmag.com)
 (TXT) w3m dump (locusmag.com)
        
       | visarga wrote:
       | The author makes a point about interoperability, and I wholly
       | agree. But it must be balanced with diversity, we don't care just
       | about being interoperable, we want a thousand flowers to bloom.
        
       | jbotz wrote:
       | Cory nails it. Or at least part of it.
       | 
       | I've long had a nagging feeling that there was a deep connection
       | between the current state of our "post truth" society and the
       | continuously widening scope of "IP" (digital monopoly)
       | protections. Cory disentangles some of those connections and
       | shows some of the ways IP has become a tool for restricting
       | freedoms. But there's more: I think that those same mechanics are
       | narrowing the overton window and putting all thinking that's
       | outside on the same level... and we end up in a world where the
       | ordinary person can't distinguish between the credibility of un-
       | approved ideas.
        
         | breck wrote:
         | Truth is bad business.
         | 
         | Truth lasts for years, centuries even.
         | 
         | You need to bury truth, so you can keep selling people a stream
         | of "novel" information. Truth doesn't get you monopoly profits,
         | only novelty. Rearrange the truth every couple decades into
         | crappier versions and profit.
         | 
         | Incentives matter.
         | 
         | #ImaginaryProperty is the worst. #IntellectualFreedom YOLO!!!
        
       | stonecraftwolf wrote:
       | "IP is any law that I can invoke that allows me to control the
       | conduct of my competitors, critics, and customers."
       | 
       | Doctorow never uses this word, but the dynamic he describes --
       | where tech companies, rather than try to keep customers by
       | offering good products, prefer to keep customers by making it
       | impossible for them to leave -- is fundamentally abusive.
       | 
       | The entire essay is a detailed explanation of the ways that tech
       | companies exploit and abuse their customers and society as a
       | whole, but he never uses those words.
       | 
       | I'm in agreement -- they are abusive; they are exploitive; they
       | are preying upon society and need to be regulated -- but it's odd
       | that he doesn't use the words.
        
         | onethought wrote:
         | So he is referring to copyright. Books do the same thing, do
         | you find books abusive as well?
         | 
         | I don't quite buy the leap that "software companies being
         | exploitative" is at all related to "protecting IP through the
         | use of copyright". Cory does not link the two successfully in
         | my mind.
        
           | NobodyNada wrote:
           | > Books do the same thing
           | 
           | Huh? If I have a book, I can lend it to a friend, sell it on
           | eBay, or even put it in a library where thousands of people
           | can read it for free. If I "own" a book on a Kindle, I can do
           | none of those things -- and if our corporate overlords decide
           | they don't want me to read that book anymore, then they can
           | remotely remove it from my device, even if I paid for it [0].
           | The abuse is that DRM is being weaponized to criminalize fair
           | use and other consumer rights that copyright law otherwise
           | would not give corporations authority over -- and because of
           | DMCA 1201, it is illegal to work around DRM even for fair-use
           | purposes.
           | 
           | In fact, DRM does next to _nothing_ to prevent piracy, as
           | evidenced by the thriving piracy  "industry" today. Every DRM
           | system can eventually be bypassed, somehow -- there has to be
           | _some_ way to decrypt the content, otherwise I wouldn 't be
           | able to watch it. It's akin to putting up a "no stealing"
           | sign outside my house -- sure, it means that thieves are
           | technically trespassing now -- but they were already breaking
           | the law to begin with and no flimsy little sign is going to
           | stop them. It could be argued that DRM only makes piracy
           | _more_ enticing, because consumers can use pirated content in
           | completely normal, fair-use ways that are blocked by DRM.
           | 
           | As Doctorow explains in the article, DRM was never about
           | protecting copyright, it's about protecting monopolies. DRM
           | means I can only watch a movie with an approved web browser
           | on an approved operating system on an approved computer using
           | an approved cable to connect to an approved monitor, and that
           | I can only repair a tractor at an approved tractor
           | dealership.
           | 
           | [0]: https://www.nytimes.com/2009/07/18/technology/companies/
           | 18am...
        
             | onethought wrote:
             | In your book example... I don't think you can (legally)
             | redistribute your book. It's just publishers don't really
             | care if you do, because cost of enforcement is too high.
             | That's why they like kindles.
             | 
             | Software used to be like this too, back when it was
             | distributed as a physical thing (disks).
             | 
             | DRM was about protecting copyright, your book/kindle
             | example was a perfect illustrator of that. But I agree, it
             | has been weaponised and misused.
        
               | namibj wrote:
               | You can't distribute copies of the book (outside of
               | limited exceptions). First Sale doctrine says you can
               | pretty much do whatever you want with the physical item.
        
               | onethought wrote:
               | Huh, I wasn't familiar with that (again another US nuance
               | to Copyright). This isn't globally accepted.
        
               | fabianhjr wrote:
               | It is globally accepted. There are many community
               | libraries throughout the world that consist on a small
               | shelf on a sidewalk where people leave books for others
               | and take the ones they are interested in.
               | 
               | https://littlefreelibrary.org/
        
               | onethought wrote:
               | No it isn't. As law. It might be accepted as practice.
               | 
               | They are different.
        
               | boomboomsubban wrote:
               | Examples of where it is not?
        
               | dmurray wrote:
               | And plenty of used bookstores, who do the same thing
               | commercially and generally don't even get nasty letters
               | from publishers.
        
           | a1369209993 wrote:
           | > So he is referring to copyright. Books do the same thing,
           | do you find books abusive as well?
           | 
           | If by "books" you mean "copyright on books, as enforced
           | against people rather than corporations[0]", then yes, yes
           | 'they' are.
           | 
           | 0: Nitpick: legal action against a corporation for printing
           | something by request from a particular customer is legal
           | action against that customer, the same as if you'd prosecuted
           | 15'000$ that you stole from their car for being drug money.
        
           | stonecraftwolf wrote:
           | If you read the essay in full, you'd see that he
           | distinguishes between copyright laws meant to encourage
           | authorship and what is currently meant under the "IP
           | umbrella," which is more about protecting monopoly power.
        
             | onethought wrote:
             | Yes, he does conflate a bunch of behaviour into IP. But
             | that's just his conflation.
             | 
             | Monopolistic practices exist with or without IP laws, terms
             | of service, etc.
             | 
             | Take a look at some other industries: energy companies have
             | protected fossil fuel exploitation and stifled research and
             | adoption of nuclear and green alternatives.
             | 
             | Finance industry have maintained monopoly and avoided
             | regulation despite there being obvious harm to their
             | practice.
             | 
             | These behaviours are related to capitalism... not
             | intellectual property.
        
               | stonecraftwolf wrote:
               | It really seems you haven't read the essay. He does not
               | conflate them; he distinguishes between them, at length.
               | I encourage you to read it.
        
         | bscphil wrote:
         | If you're willing to connect the dots in this way, where
         | anything that gives you legal authority to control the conduct
         | of others (competitors, critics, customers) in specific ways is
         | "abusive", then you should realize that this sort of argument
         | is very easily extended, because that's exactly what _all_
         | property does.
         | 
         | Intellectual property is the right to say how others are
         | allowed to use an abstract thing that belongs to you. Ordinary
         | property is the right to say how others are allowed to use a
         | physical thing that belongs to you. It's effectively the same
         | concept, just extended.
         | 
         | Of course, it doesn't immediately follow from _either_ physical
         | property or intellectual property that it will be abused in the
         | way Doctorow describes (by  "keeping customers by making it
         | impossible for them to leave"), but it certainly could be. For
         | example, suppose a relatively small number of individuals or
         | companies owned most of the land, and most of the industrial
         | machinery, and all the investment capital - then everyone else
         | would have to go work for them, and produce whatever the
         | property owners wanted to produce, instead of what they wanted
         | to make for themselves. Someone might describe such a dynamic
         | as fundamentally abusive in exactly the same way that
         | intellectual property is.
        
           | breck wrote:
           | If you believe that #ImaginaryProperty makes any sense at all
           | I've got some "Dry Water" to sell you.
        
           | fabianhjr wrote:
           | > Of course, it doesn't immediately follow from either
           | physical property or intellectual property that it will be
           | abused in the way Doctorow describes (by "keeping customers
           | by making it impossible for them to leave"), but it certainly
           | could be. For example, suppose a relatively small number of
           | individuals or companies owned most of the land, and most of
           | the industrial machinery, and all the investment capital -
           | then everyone else would have to go work for them, and
           | produce whatever the property owners wanted to produce,
           | instead of what they wanted to make for themselves. Someone
           | might describe such a dynamic as fundamentally abusive in
           | exactly the same way that intellectual property is.
           | 
           | I completely agree it can be extended in that way and it has
           | been done so in the past; There are even countries that have
           | political parties that generally agree with such a statement
           | and work towards (albeit imperfectly) to limit or abolish
           | such monopolies of capital.
           | 
           | (The US on the other hand left their anti-trust laws to rust
           | on the side and let monopolistic entities gain power such as
           | Amazon and Facebook; here is a report on how Amazon has been
           | using sale and review data to launch AmazonBasics products
           | undercutting other brands:
           | https://www.wsj.com/articles/amazon-competition-shopify-
           | wayf... on the "Amazon's Version" section)
        
           | pdonis wrote:
           | _> It 's effectively the same concept, just extended._
           | 
           | No, it isn't, because ordinary physical property can't be
           | copied the way digital "property" can be. And the whole
           | scheme of property rights with regard to ordinary physical
           | property only makes sense _because_ ordinary physical
           | property can 't be copied. If I steal your car, you are
           | deprived of the car; that's why it's a crime for me to do it.
           | But if I make a digital copy of some computer file you have,
           | I'm not depriving you of it; you still have your copy and can
           | still use it exactly as you did before. So why should it be a
           | crime for me to make the copy?
           | 
           | The corporations that are pushing "intellectual property"
           | rights over digital "property" would _like_ it to be a crime,
           | of course, but that doesn 't mean we, the people, should
           | agree.
        
           | stonecraftwolf wrote:
           | No. The ability to abuse comes specifically from power
           | imbalances, and that's what we need to take into account when
           | designing policy. This is something that can't be explicitly
           | enumerated in all cases, but that doesn't mean it can't be
           | addressed. We do have anti-trust law for a reason (even if it
           | hasn't been enforced).
        
             | zepto wrote:
             | What power imbalances are you thinking of in the case of
             | tech companies?
        
         | b0rsuk wrote:
         | Maybe he counts on the reader to connect the dots?
        
       | ylkdhruei wrote:
       | am I only one who find it diffucult to get what IP referred?
       | 
       | it is not about internet protocol it is intellectual property !
       | wuh
        
       | akkartik wrote:
       | _" Forty years ago, we had cake and asked for icing on top of it.
       | Today, all we have left is the icing, and we've forgotten that
       | the cake was ever there. If code isn't licensed as "free," you'd
       | best leave it alone."_
        
       | naringas wrote:
       | what worries me is that our mind (at the very least mine and all
       | like it) are ultimately intellectual constructions. thus
       | intellectual property leads the way to mind property.
       | 
       | how can it be that if I know something, this knowledge is not
       | mine?
        
         | onethought wrote:
         | Copyright is concerned with the (specific) expression of
         | ideas... by definition if it is in your mind it's unexpressed.
         | So copyright cannot apply.
         | 
         | I don't quite follow what you're worried about...
        
           | naringas wrote:
           | My point is not about copyright but about "Intellectual
           | Property"
        
             | onethought wrote:
             | But ALL IP laws are concerned with expression.
             | 
             | Even patents which protect an idea, cannot be enforced
             | unless there is a concrete expression of that idea.
        
           | rhn_mk1 wrote:
           | Th point of knowledge is being able to make use of it -
           | express it.
           | 
           | If knowlege cannot be legally expressed, it's useless and not
           | really yours.
        
         | nfoz wrote:
         | Agreed. For example, a device which augments my memory by
         | allowing me to replay and record my own experiences, would
         | invariably violate copyright. Which is offensive to me.
        
         | kmeisthax wrote:
         | What you're talking about isn't a problem until and unless
         | whole-brain emulation becomes a thing. You cannot assert
         | copyright over a human brain because you cannot copy a human
         | brain; and insamuch that brain is capable of copying other
         | works, that's already covered by standard copyright law. It
         | would be a good plot for a 2000s-retro-futuristic cyberpunk
         | book (P2Ppunk?) but I suspect the Supreme Court would rule that
         | the 14th Amendment overrides copyright interest in human brains
         | were that to become a problem.
         | 
         | (If you wanted a 2010s-retro-futuristic cyberpunk sequel book
         | you'd have some far-right militia group arguing for bringing
         | back slavery to protect author's rights or something. Call it
         | Twitterpunk.)
        
           | naringas wrote:
           | I disagree, what you describe is the extreme version of what
           | I am worried about.
           | 
           | I'm not worried that about an external entity owning my
           | entire mind. I'm worried about a society in which
           | institutions and corporations have ownership over some parts
           | of what I know.
           | 
           | And this is already happening, so many engineers and
           | academics have signed NDAs, essentially giving up ownership
           | (the ability to determine how to use) of certain information
           | they have learned, in some cases even their own original
           | ideas.
        
           | bookofjoe wrote:
           | You might enjoy "Replicas," -- https://youtu.be/ze_ANsckvS0
           | -- a 2018 sci-fi thriller starring Keanu Reeves, which
           | centers on whole-brain emulation. No spoiler review here!
        
           | bencollier49 wrote:
           | I disagree with this - if I've memorised a tune, I'm not
           | allowed to replay it without paying a fee. But the line
           | between biological and physical memory seems arbitrary to me,
           | and this will become increasingly so.
           | 
           | We can already read basic images from a brain using AI to
           | reconstruct the image[1]. If that device shows an image which
           | is copyrighted, who is liable, the person with the scanner,
           | or the brain that was scanned?
           | 
           | How about if I create a device which helps people who are
           | physically disabled - or locked in - to communicate by
           | projecting sounds from their brains - but not at will? If the
           | person thinks about a tune ("Happy Birthday"), have they
           | "performed" it?
           | 
           | What happens if they think something which is considered
           | enough to have you banned from popular platforms? What about
           | if the technology is forced to remove their services because
           | the thoughts you're creating are unacceptable?
           | 
           | These things don't seem at all unlikely within the next 10-20
           | years.
           | 
           | 1. https://www.sciencemag.org/news/2018/01/mind-reading-
           | algorit...
        
       | onethought wrote:
       | It's also worth pointing out that different countries have
       | nuanced interpretations and applications of Copyright Law. The US
       | is only one. For instance "Fair Use" is a US inspired thing that
       | other countries don't have. Rather than having a "defence" (when
       | prosecuted) some countries actually give permission to copy
       | things (as a right, not a defence)
        
         | [deleted]
        
         | sircastor wrote:
         | Yes, but we aggressively export the unbalanced rights all over
         | the world via trade agreements.
        
       | kmeisthax wrote:
       | Software copyright was an absolute mistake that fundamentally
       | misunderstood the delicate balances between copyright owners, the
       | market for creative works, and the public at large. I have no
       | faith in Congress to fix it.
        
         | II2II wrote:
         | Keep in mind that copyright also enables free software. Without
         | it, there would be no incentive to share source code since
         | there would be no mechanism to stipulate that modified versions
         | must be shared. That would significantly diminish the role of
         | collaboration and significantly increase the role of
         | opportunism. It is also worth noting that copyright increases
         | the financial incentive to progress the state of the art.
         | 
         | The real problem with the current IP regime is its use to
         | impose restrictions that go beyond reproduction.
        
           | sounds wrote:
           | Copyleft is generally regarded as a clever "fix" because of
           | the brokenness of software copyright. Cory Doctorow even
           | addresses this at the beginning of this article. He mentions
           | that the GPL came out around the same time software copyright
           | was first implemented. He distinguishes between copyleft (the
           | "icing") and interoperability (the "cake") to point out how
           | the new software copyrights took away interoperability. By
           | the end of the article, he suggests we have no more cake and
           | the icing may vanish soon.
        
       | b0rsuk wrote:
       | I get an unpleasant feeling that Free Software was never really
       | popular. It was somewhat popular early on, because it formalised
       | the way things were done at the time. This is why it received
       | relatively little friction. So it wasn't really _accepted_. It
       | was _ignored_.
        
       | lazulicurio wrote:
       | A very good article. A section that really spoke to me:
       | 
       | > Prior to the rise of the "intellectual property" as an umbrella
       | term, the different legal regimes it refers to were customarily
       | referred to by their individual names. When you were talking
       | about patents, you said "patents," and when you were talking
       | about copyrights, you said "copyrights." Bunching together
       | copyrights and trademarks and patents and other rules wasn't
       | particularly useful, since these are all very different legal
       | regimes. On those rare instances in which all of these laws were
       | grouped together, the usual term for them was "creator's
       | monopolies" or "author's monopolies."
       | 
       | > The anti-IP argument leans into the differences between the
       | underlying rationale for each of these rules:
       | 
       | > * US copyrights exist to "promote the useful arts and sciences"
       | (as set out in the US Constitution); that is, to provide an
       | incentive to the creation of new works of art: copyright should
       | offer enough protection to create these incentives, but no more.
       | Copyright does not extend to "ideas" and only protects
       | "expressions of ideas";
       | 
       | > * Patents exist as incentive for inventors to reveal the
       | workings of their inventions; to receive a patent, you must
       | provide the patent office with a functional description of your
       | invention, which is then published. Even though others may not
       | copy your invention during the patent period, they can study your
       | patent filings and use them to figure out how to do the same
       | thing in different ways, or how to make an interoperable add-on
       | to your invention;
       | 
       | > * Trademarks exist as consumer protection: trademarks empower
       | manufacturers to punish rivals who misleadingly market competing
       | products or services that are like to cause confusion among their
       | customers. It's not about giving Coca-Cola the exclusive right to
       | use the work "Coke" - it's about deputizing Coca-Cola to punish
       | crooks who trick Coke drinkers into buying knockoffs. Coke's
       | trademark rights don't cover non-deceptive, non-confusing uses of
       | its marks, even if these users harm Coca-Cola, because these do
       | not harm Coke drinkers.
       | 
       | > Seen in this light, "intellectual property" is an incoherent
       | category: when you assert that your work has "intellectual
       | property" protection, do you mean that you can sue rivals to
       | protect your customers from deception; or that the government
       | will block rivals if you disclose the inner workings of your
       | machines; or that you have been given just enough (but no more)
       | incentive to publish your expressions of your ideas, with the
       | understanding that the ideas themselves are fair game?
       | 
       | > When you look at how "IP" is used by firms, a very precise -
       | albeit colloquial - meaning emerges:
       | 
       | > "IP is any law that I can invoke that allows me to control the
       | conduct of my competitors, critics, and customers."
        
       | breck wrote:
       | Down with #ImaginaryProperty. Up with #IntellectualFreedom.
       | 
       | YOLO!
        
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