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Information Doesn’t Want to Be Free: the audiobook, read by Wil Wheaton (if you were to share this, I’d consider it a personal favor!)


I've independently produced an audiobook edition of my nonfiction book Information Doesn't Want to Be Free: Laws for the Internet Age, paying Wil Wheaton to narrate it (he did such a great job on the Homeland audiobook, with a mixdown by the wonderful John Taylor Williams, and bed-music from Amanda Palmer and Dresden Dolls.

Both Amanda Palmer and Neil Gaiman contributed forewords to this one, and Wil reads them, too (of course). I could not be happier with how it came out. My sincere thanks to Wil, the Skyboat Media people (Cassandra and Gabrielle de Cuir and Stefan Rudnicki), John Taylor Williams, and to Amanda for the music.

The book is $15, is DRM free, and has no EULA -- you don't need to give up any of your rights to buy it. It should be available in Downpour and other DRM-free outlets soon, but, of course, it won't be in Itunes or Audible, because both companies insist that you use DRM with your works, and I don't use DRM (for reasons that this book goes to some length to explain).


Information Doesn't Want to Be Free, read by Wil Wheaton,
with introductions by Neil Gaiman and Amanda Palmer

Too Little, Too Late?: Access Copyright Finally Acknowledges the Reduced Value of Its Licence

Michael Geist Law RSS Feed - Wed, 2014/12/10 - 10:27

Access Copyright announced a shift in its licensing approach for universities and colleges yesterday, unveiling what it described as “new market-focused services.” Access Copyright CEO Roanie Levy is quoted as saying “we recognize the advances many institutions have made on content dissemination and the centralized management of copyright. We hear you. We are changing.” Indeed, the copyright collective has changed its tune in some important ways.

Less than three years ago, Access Copyright believed that institutions simply could not opt-out of its licence, claiming that an opt-out would amount to “an absolute ban on all copying” since the only possible way to legally copy materials was to pay the collective. Over the past three years, Access Copyright has been proven wrong. The Supreme Court of Canada dismissed all of its key legal arguments in a massive defeat, the government expanded fair dealing with the inclusion of education, universities opted-out of the Access Copyright licence in droves, and dozens adopted fair dealing policies that called into question whether there was much value in the licence at all.

While Access Copyright is still suing York University (more about that below), the collective appears to recognize that the education sector has alternatives, including the enormous expenditures on site licences, open access publishing, fair dealing, public domain works, and individual licences for works not otherwise available. In other words, Access Copyright is an option, not a requirement, and the collective must prove value that extends beyond extolling the size of its repertoire. Rather, it must demonstrate that it offers value for money in an environment where the Supreme Court has emphasized the importance of users’ rights and adopted a liberal, flexible approach to fair dealing.

Access Copyright’s new approach appears to focus on two things: lower prices to reflect the reduced value of its licence and more options for universities and colleges. While the current model licence costs $26 per full time student at universities, its new “Premium” service drops the fee to $15 per student on a three-year commitment. That licence covers paper and digital copying of up to 20% of a work, which is greater than the 10% standard established in most fair dealing guidelines. Alternatively, Access Copyright is also offering a “Choice” service that costs $5 per student. It only covers handouts and email attachments. Coursepacks and digital uploads are charged at 12 cents per page, which is a 20% increase over the prior per-page fee set some years ago. Access Copyright says the “Choice” package is designed for universities that have centralized their copyright management.  In other words, those that have already opted-out of Access Copyright and might want back in.

Why the lower prices? Access Copyright finally admits that fair dealing should be more directly factored into its pricing:

The new rates are intended to reflect market uncertainty around fair dealing in education. As
such, they represent a sincere attempt to continue working with the education sector as we await greater clarity on fair dealing.

So will universities jump at the new offerings or is it too little, too late?

The “Premium” service is clearly targeting universities that currently operate under the Access Copyright licence. That licence will be expiring for many this summer (those who signed three year deals days before the Supreme Court ruling in 2012) and most were expected to stop using the collective. The new $15 price tag, which not-so-coincidentally starts just as the old licences expire, may prove attractive to those institutions. Indeed, fair dealing is not free as it costs real dollars to manage the system. One institution that I spoke with during the period when many were opting out (not my own school), estimated the cost at $12 per student. If that is accurate – and if the institution has not invested heavily in copyright management – the Premium service will likely find a few takers.  However, this new offer may come too late as many institutions will have prepared opting out and already budgeted for copyright management services.

The “Choice” service is targeting those that currently operate without an Access Copyright licence, so the question will be whether it provides enough value to justify the $5 annual fee. At the moment, covering handouts and email attachment is unlikely to viewed as providing much value. Those copies typically are shorter in nature and more likely to fall under the fair dealing guidelines. The value might come in providing certainty on transactional licences by effectively creating a per-page cost for work that would presumably only kick-in once fair dealing no longer applies – ie. for copying between 10 – 20% of a work. This isn’t a particularly cheap alternative, but it is convenient. That said, those universities in the Choice category will have already invested in copyright management and may not want to add new costs for relatively limited value.

All of this suggests that Access Copyright is gradually lowering its prices, but it may not  succeed in significantly altering the market for its licences since its best case scenario is merely to keep some universities within the fold (admittedly who were likely to leave) rather than bring back those that left several years ago. The Premium service comes closer to a rate that may find a market, but the Choice service may ultimately need to shift to a transaction-only model under which Access Copyright makes it easy to licence works not covered by fair dealing. By effectively charging a $5 administrative fee, it isn’t there yet.

Moreover, there is one further consideration that universities should factor into any decision: the York University litigation. For many years, the universities effectively funded Access Copyright’s litigation and Copyright Board costs, with the collective setting aside millions to pay for legal and lobbying fees. To return to that state of affairs while litigation is ongoing makes little sense. Before universities once again start sending millions to Access Copyright, they might demand that it stop suing them first.

The post Too Little, Too Late?: Access Copyright Finally Acknowledges the Reduced Value of Its Licence appeared first on Michael Geist.

Information Doesn’t Want to Be Free Audiobook

Information Doesn't Want to Be Free, read by Wil Wheaton
With introductions by Neil Gaiman and Amanda Palmer.

In sharply argued, fast-moving chapters, Cory Doctorow’s Information Doesn’t Want to Be Free takes on the state of copyright and creative success in the digital age. Can small artists still thrive in the Internet era? Can giant record labels avoid alienating their audiences? This is a book about the pitfalls and the opportunities that creative industries (and individuals) are confronting today — about how the old models have failed or found new footing, and about what might soon replace them. An essential read for anyone with a stake in the future of the arts, Information Doesn’t Want to Be Free offers a vivid guide to the ways creativity and the Internet interact today, and to what might be coming next.

 

Why Canada’s Communication Policy Misses the Forest for the Trees

Michael Geist Law RSS Feed - Tue, 2014/12/09 - 12:36

The Canadian Radio-television and Telecommunications Commission wrapped up its third major hearing in as many months last week, focusing on the wholesale market for broadband Internet services. Coming on the heels of the earlier hearings on broadcast television regulation (the “TalkTV” hearing that was highlighted by a showdown with Netflix) and wholesale wireless services, the proceedings followed a familiar script.

The incumbent providers urged the Commission to resist regulating access, claiming a competitive market exists with few barriers to new competitors. Meanwhile, independent Internet providers pointed to their relatively small share of the current broadband market and warned that failure to mandate access for faster fibre connections to the home would effectively eliminate future competition as Canadians gravitate to services offering faster speeds.

While it will take some time for the CRTC to issue its decisions in all three cases (the broadcast decision is expected before the end of the year), it is not too early to declare the entire system broken. The CRTC – Netflix battle prompted many to conclude that the Commission was a relic of the past, unable to adapt to the disruptions facilitated by the Internet. Yet the Commission’s difficulty dealing with the fast-moving changes throughout the communications sector is chiefly the result of an outdated regulatory structure that misses the proverbial forest for the trees.

The past three months has essentially involved the examination of bite-sized pieces of Canada’s communication environment without really digging into the whole. The conventional regulatory approach may dictate that the CRTC consider broadcast, wireless, and broadband services separately, but the silo approach makes little sense when both the technologies and the dominant industry players overlap every step of the way.

Canada’s communications market now stands as one of the most vertically integrated in the world. The same companies wear different hats before the Commission as they alternately appear as dominant broadcasters, broadcast distributors, wireless companies, and broadband Internet providers. While the regulatory world treats each market differently, companies such as Bell and Rogers strategize about the whole, not the parts, and are able to use the piecemeal approach to their competitive advantage.

The occasional witness raised this concern, urging the CRTC to consider issues that fall outside the conventional scope of the broadcast or telecom silos. For example, during the broadcast hearing, several emphasized that since a growing number of Canadians access “broadcast” through the Internet or wireless devices, the issue was really one of telecom regulation, not broadcast.

Similarly, witnesses at the broadband Internet hearing noted that issues of regulated access were fundamentally about delivering broadcast content or third party applications, not about specific speeds or pricing. As the Commission delved into technical questions over wholesale costs of Internet services that would be incomprehensible to most Canadians, discussion about the implications for new services from a monopoly-like access to the home for fast Internet was largely absent.

Solving these bigger issues may indeed be beyond the ability of the CRTC. There is a growing sense that the twin governing statutes – the Broadcasting Act and the Telecommunications Act – should be reformed into a single Communications Act that better reflects today’s Internet environment. However, legislative reform is the responsibility of the government, not the regulator, and Industry Minister James Moore has shown little interest in tackling the issue.

Similarly, the calls for “structural separation”, which would involve breaking up the larger companies into separate content and carriage companies are growing louder, but CRTC Chair Jean-Pierre Blais noted that those steps are also better suited to elected officials.

That leaves the Commission with system that largely ignores what is obvious to millions of Canadians who receive monthly bills that lump together everything from wireless services to broadband Internet to broadcast television. Communications now comes in a single bill and represents one very large policy forest that cannot be effectively addressed one tree at a time.

The post Why Canada’s Communication Policy Misses the Forest for the Trees appeared first on Michael Geist.

Why Canada’s Communication Policy Misses the Forest for the Trees

Michael Geist Law RSS Feed - Tue, 2014/12/09 - 12:15

The Canadian Radio-television and Telecommunications Commission wrapped up its third major hearing in as many months this week, focusing on the wholesale market for broadband Internet services. Coming on the heels of the earlier hearings on broadcast television regulation (the “TalkTV” hearing that was highlighted by a showdown with Netflix) and wholesale wireless services, the proceedings followed a familiar script.

The incumbent providers urged the Commission to resist regulating access, claiming a competitive market exists with few barriers to new competitors. Meanwhile, independent Internet providers pointed to their relatively small share of the current broadband market and warned that failure to mandate access for faster fibre connections to the home would effectively eliminate future competition as Canadians gravitate to services offering faster speeds.

While it will take some time for the CRTC to issue its decisions in all three cases (the broadcast decision is expected before the end of the year), it is not too early to declare the entire system broken. The CRTC – Netflix battle prompted many to conclude that the Commission was a relic of the past, unable to adapt to the disruptions facilitated by the Internet. Yet the Commission’s difficulty dealing with the fast-moving changes throughout the communications sector is chiefly the result of an outdated regulatory structure that misses the proverbial forest for the trees.

The past three months has essentially involved the examination of bite-sized pieces of Canada’s communication environment without really digging into the whole. The conventional regulatory approach may dictate that the CRTC consider broadcast, wireless, and broadband services separately, but the silo approach makes little sense when both the technologies and the dominant industry players overlap every step of the way.

Canada’s communications market now stands as one of the most vertically integrated in the world. The same companies wear different hats before the Commission as they alternately appear as dominant broadcasters, broadcast distributors, wireless companies, and broadband Internet providers. While the regulatory world treats each market differently, companies such as Bell and Rogers strategize about the whole, not the parts, and are able to use the piecemeal approach to their competitive advantage.

The occasional witness raised this concern, urging the CRTC to consider issues that fall outside the conventional scope of the broadcast or telecom silos. For example, during the broadcast hearing, several emphasized that since a growing number of Canadians access “broadcast” through the Internet or wireless devices, the issue was really one of telecom regulation, not broadcast.

Similarly, witnesses at the broadband Internet hearing noted that issues of regulated access were fundamentally about delivering broadcast content or third party applications, not about specific speeds or pricing. As the Commission delved into technical questions over wholesale costs of Internet services that would be incomprehensible to most Canadians, discussion about the implications for new services from a monopoly-like access to the home for fast Internet was largely absent.

Solving these bigger issues may indeed be beyond the ability of the CRTC. There is a growing sense that the twin governing statutes – the Broadcasting Act and the Telecommunications Act – should be reformed into a single Communications Act that better reflects today’s Internet environment. However, legislative reform is the responsibility of the government, not the regulator, and Industry Minister James Moore has shown little interest in tackling the issue.

Similarly, the calls for “structural separation”, which would involve breaking up the larger companies into separate content and carriage companies are growing louder, but CRTC Chair Jean-Pierre Blais noted that those steps are also better suited to elected officials.

That leaves the Commission with system that largely ignores what is obvious to millions of Canadians who receive monthly bills that lump together everything from wireless services to broadband Internet to broadcast television. Communications now comes in a single bill and represents one very large policy forest that cannot be effectively addressed one tree at a time.

Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can be reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.

The post Why Canada’s Communication Policy Misses the Forest for the Trees appeared first on Michael Geist.

SFLC and FSF File Brief with Supreme Court Arguing Against Hearing of Google v Oracle

SFLC News Releases - Mon, 2014/12/08 - 12:58
SFLC and FSF File Brief with Supreme Court Arguing Against Hearing of Google v Oracle

Expert Panel Report: A New Governance Model for Communications Security?

Freedom to Tinker - Fri, 2014/12/05 - 07:30
Today, the vulnerable state of electronic communications security dominates headlines across the globe, while surveillance, money and power increasingly permeate the ‘cybersecurity’ policy arena. With the stakes so high, how should communications security be regulated? Deirdre Mulligan (UC Berkeley), Ashkan Soltani (independent, Washington Post), Ian Brown (Oxford) and Michel van Eeten (TU Delft) weighed in on […]

CASL 2.0: The Computer Program Provisions (Part 2)

IPBlog (Calgary) - Thu, 2014/12/04 - 08:00
- By Richard Stobbe In Part 1 we looked at some basic concepts. In Part 2, we look at "enhanced disclosure" requirements. If the computer program that is to be installed performs one or more of the functions listed below, the person who seeks express consent must disclose additional information. This disclosure must ...

Alberta Privacy Law Update: PIPA on Death’s Door

IPBlog (Calgary) - Wed, 2014/12/03 - 16:00
By Richard Stobbe About a year ago on November 15, 2013, Alberta's Personal Information Protection Act (PIPA) was declared invalid on constitutional grounds. The Supreme Court of Canada (SCC), in its wisdom, deferred the effect of this order for a 1 year period, to permit the Alberta legislature to revisit and amend the legislation ...

When Ed Snowden met Marcus Yallow


Here's a scene from Citizenfour, Laura Poitras's acclaimed documentary on Edward Snowden, showing Snowden packing his bags to leave Hong Kong, showing the book on his nightstand: my novel Homeland.

I literally could not be more proud than I am right now. Thanks to Poitras and her helper, Maria, for this clip.

Why should we care about characters?

I appear in the latest edition of the Writing Excuses podcast (MP3), recorded live at Westercon in Salt Lake City last summer, with Mary Robinette Kowal, Brandon Sanderson, Dan Wells and Howard Tayler, talking about why we care about characters.

CASL 2.0: The Computer Program Provisions (Part 1)

IPBlog (Calgary) - Thu, 2014/11/27 - 14:00
- By Richard Stobbe It's mid-October. Like many businesses in Canada, you may be weary of hearing about CASL compliance. Hopefully that weariness is due to all the hard work you did 3 months ago to bring your organization into compliance for the July 1st start-date. If you're a software vendor, then you ...

Drafting IT Agreements: Oct. 14-15

IPBlog (Calgary) - Wed, 2014/11/26 - 14:00
- By Richard Stobbe I will be speaking next week at the 10th Essentials of Commercial Contracts Course in Calgary, Alberta (Download PDF) on the subject of IT contracting. This session will discuss key considerations in IT licensing and service agreements including: Key clauses in IT agreements and common mistakes Various models for licensing software Overlap ...
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