Walled Culture
Salvador Alcántar Morán: Mexican Copyright Unfit-for-purpose in the Digital age, the Public Domain, and the Need for a True Multistakeholder Approach and a Global Perspective on Copyright

Salvador Alcántar Morán: Mexican Copyright Unfit-for-purpose in the Digital age, the Public Domain, and the Need for a True Multistakeholder Approach and a Global Perspective on Copyright

January 6, 2022

Salvador Alcántar Morán is a lawyer, focused on digital copyright, educational technology and digital communications. He is the co-founder of Wikimedia Mexico and of Creative Commons Mexico. He was also manager of the General Direction of Digital Communications of the Mexico City Government. He talks about how the Mexican copyright framework is not adapted to the digital age and shaped mainly by the creative industries, the copyright industry’s scaremongering tactics. He also explains how the fact that Mexico has the lengthiest copyright term (100 years after the author's death) negatively impacts the country’s collective memory and the public domain. In his view, the public domain should be considered as a human right. He further emphasises the need for normal citizens and other stakeholders, that are currently neglected, to be more involved in shaping a copyright framework that works for the digital age based on a true multistakeholder approach. He also talks about the need for a more global perspective on copyright in general.

 

Key Takeaways:

0:00 Intro

2:15 Salvador talks about how copyright is locking up culture, especially in South America, and highlights the strong influence of the entertainment industry in shaping copyright laws

7:36 Salvador shares the most important lessons that he learned representing Creative Commons Mexico, including the lack of a multistakeholder perspective in the creation of copyright laws and the ignorance of the Internet by policymakers

13:14 Salvador explains how the copyright industry's campaigns induced copyright anxiety among Mexicans when sharing content online 

19:12 Salvador talks about the public domain, its importance, and how Mexico fails when it comes to protecting and feeding it by having the lengthiest copyright term (100 years after the author's death)

25:24 Salvador reflects on a particular moment that he experienced and where he felt that he hit a wall and that something was wrong, and which sparked his interested in copyright reform and activism 

32:22 Salvador shares what he feels need to change and needs to be done to make it work in the online world and how all this should look like in 2030: calling for the need for 'public hearings' on how copyright legislation is shaped, not only in Mexico but across the world 

38:58 Salvador closes off by emphasising the need for a global perspective on copyright. and the need for people to join forces to counter attempts to push through problematic copyright legislation

 

Shows Mentioned:

http://www.amazon.com/ 

Public Domain

https://iclg.com/practice-areas/copyright-laws-and-regulations/mexico  

 

Guests Social Media Links:

Website: https://wikimediafoundation.org/ 

LinkedIn: https://www.linkedin.com/in/salvadoralcantarmoran/?locale=en_US 

Twitter: https://twitter.com/salvador_alc 

Facebook: https://www.facebook.com/salvador.alcantar

Brewster Kahle: Libraries’ Role, 3 Internet Battles, Licensing Pains, the National Emergency Library, and the Internet Archive’s Controlled Digital Lending Efforts vs. the Publishers’ Lawsuit

Brewster Kahle: Libraries’ Role, 3 Internet Battles, Licensing Pains, the National Emergency Library, and the Internet Archive’s Controlled Digital Lending Efforts vs. the Publishers’ Lawsuit

December 16, 2021

Brewster Kahle is founder and Digital Librarian of the Internet Archive, one of the largest libraries in the world. Next to his mission to provide universal access to all knowledge, he is a passionate advocate for public Internet access, as well as a successful entrepreneur (Thinking Machines, Wide Area Information Server and Alexa Internet) and a member of the Board of Directors of the Electronic Frontier Foundation (EFF). The Internet Archive, which he founded in 1996, preserves petabytes of data - the books, Web pages, music, television, and software of our cultural heritage, working with hundreds of library and university partners to create a digital library, accessible to all. More than 1 million people use the Internet Archive every day. Most of them seek out the Wayback Machine, making 25+ years of web history accessible. He talks about the role of libraries, the Internet battles we’ve faced and are facing, licensing pains, the National Emergency Library, and how the Internet Archive’s efforts to make culture and knowledge accessible through controlled digital lending are threatened by the publishers’ lawsuit against the Archive.

Key Takeaways:
00:00 Intro
02:38 Brewster shares a little background on the technologies he developed, what inspired him to develop them, and what is happening with them
04:38 Brewster talks about the Internet Archives and the Wayback Machine and what inspired their developments
07:13 Brewster talks about link rot, what it is, how it impacts Internet Archive and other issues that they have also faced
11:42 Brewster talks about copyright and how they are approaching the controversial issue of copyright as the Internet Archive
16:32 Brewster reflects on how link rot affects the law field
18:52 Brewster shares the problem with industries understanding the concept of a digital library as opposed to a brick and mortar library and the role those libraries have with print materials
21:38 Brewster explains how new users of Internet Archive can easily use it and how the pandemic has affected it
28:37 Brewster talks about the evolution of the Internet, the three key battles it faced and what he learned from it
33:51 Brewster talks about how he would like to see copyright evolve to make knowledge, storage, and sharing easier and more widespread
37:19 Brewster suggests the way forward and why there’s still hope to turn the tide
40:26 Brewster expresses his hopes for the next 25 years for the Internet Archive

Books Mentioned: 
https://www.goodreads.com/book/show/7624.Lord_of_the_Flies 
Harry Potter

Shows Mentioned:
https://www.alexa.com/ 
https://archive.org/details/opencontentalliance 
https://www.internethalloffame.org/ 
https://www.wsj.com/ 
http://www.amazon.com/ 
https://en.wikipedia.org/wiki/Link_rot 
https://knightfoundation.org/ 

Guests Social Media Links:
Website: https://archive.org/ 
LinkedIn: https://www.linkedin.com/in/brewster-kahle-2a647652/ 
Twitter: https://twitter.com/brewster_kahle 
Facebook: https://www.facebook.com/brewster.kahle 

Lawrence Lessig: Internet Architecture, Remix Culture, Creative Commons, NFTs, Aaron Swartz and the Internet Archive

Lawrence Lessig: Internet Architecture, Remix Culture, Creative Commons, NFTs, Aaron Swartz and the Internet Archive

December 2, 2021

Professor Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School and notably a founding board member of Creative Commons. The New Yorker has called him the most important thinker on intellectual property in the Internet era. In this podcast episode, he shares his reflections on the interplay between copyright and Internet’s architecture, remix culture, the Creative Commons movement, the rise and benefits of NFTs, the work of Aaron Swartz and the attack on the Internet Archive.

Key Takeaways:
0:00 Intro
2:10 Lawrence talks about where his passion for copyright issues and their impacts came from and talks about architecture of the Internet with regards to intellectual properties 
4:57 Lawrence also talks about some of the ways in which copyright walls in culture and shares an example 
9:08 Lawrence talks about remixes, what they are and how they are impacting people, especially young people who have their whole lives online 
12:21 Lawrence talks about the Creative Commons license, what it is and what pushed him to its creation 
16:42 Lawrence talks about how the ecosystem is doing now that things are evolving and what could be improved about Creative Commons 
21:26 Lawrence talks about the NFTs within Creative Commons, what they are and his view on them
25:17 Lawrence talks about his book called Code, why he revised it to Code v2.0 in 2006, if he is going to revise it again and what he would change 
29:13 Lawrence also talks about his other books, Remix and Free Culture and why he decided to move on
33:13 Lawrence explains if he would argue differently the case he did 20 years ago with regards to changing the copyright laws 
36:22 Lawrence also shares his journey of running for presidency in the year 2015 and what he was pushing for 
40:58 Lawrence also talks about Aaron Swartz and the work that he was doing before committing suicide and if there are other people trying to push on with his work 
43:34 Lawrence also talks about where we are today in the state of copyright today, if things have improved 
46:57 Lawrence talks about what he would recommend others do to improve the copyright situation and access to knowledge 

Books Mentioned: 
Code v2.0: https://lessig.org/product/codev2 
Remix: https://lessig.org/product/remix 
Free Culture: https://lessig.org/product/free-culture 
Guerilla Open Access Manifesto: https://www.goodreads.com/en/book/show/22890903 

Shows Mentioned:
Equal Citizens: https://equalcitizens.us/ 
Creative Commons: http://www.creativecommons.org/ 
AXA Research Fund: https://www.axa-research.org/ 
Eyes on the prize: https://www.imdb.com/title/tt0092999/ 
CBS News: https://www.cbsnews.com/ 
Wall Street Journal: https://www.wsj.com/ 

Guests Social Media Links:
Website: https://lessig.org/ 
LinkedIn: https://www.linkedin.com/in/lessig/ 
Twitter: https://twitter.com/lessig 
Facebook: https://www.facebook.com/lessig.org/ 
Instagram: https://www.instagram.com/lawlessig/?hl=en 
Email: lessig_from_web@pobox.com 

Evan Greer & Lia Holland - Rethinking Copyright, Fighting Creative Monopolies, and Putting an End to Enforcement Excesses

Evan Greer & Lia Holland - Rethinking Copyright, Fighting Creative Monopolies, and Putting an End to Enforcement Excesses

November 18, 2021

Fight for the Future’s Director, Evan Greer, and Campaigns and Communications Director, Lia Holland, are both digital rights activists who have been active in the music industry. Based on their experience they talk about the need to rethink how artists can be fairly remunerated and the disconnect between the interest of big corporate entities, claiming to speak on behalf of artists, versus the actual needs of creators, especially those that have been marginalized by the music industry. They warn against the excesses from corporations and governments in trying to enforce copyright through massive and automated Internet censorship.

Key Takeaways:
0:00 Intro
2:20 Evan talks about their background as a traveling musician, and how a show in Prague brought them to where they are today with Fight For the Future
7:23 Lia goes into her life as a writer, and the struggle her family faced when the 2008 financial crisis and how she had to change her career mindset
14:09 Evan talks about Fight for the Future and the background of the organization and what exactly they fight for
17:41 Lia talks about some of the campaigns that Fight For the Future is currently working on and being recognized for
24:14 Lia describes content monopolies and the major companies and streaming services and the deep flaws they possess
26:51 Evan describes the changes in copyright over the years as we move into a more analog world rather than burning CD's and copying tapes
28:52 Evan talks about how artists truly aren't getting revenue from streaming, but instead the record labels
31:25 Lia describes how the focus in the industry is mostly all geared towards back catalogs now
38:01 Evan dives into the concept of centralization and how it's the main root of the harm in the industry
45:11 Lia goes more into current campaigns and what they are doing to truly fight back to save our future 
49:15 Evan explains how people need to get behind this movement of fighting for the future of the internet as much as they do for other social causes

Resources Mentioned:

Spotify - Spotify is a Swedish audio streaming and media services provider founded on 23 April 2006 by Daniel Ek and Martin Lorentzon. It is the world's largest music streaming service providers, with over 365 million monthly active users, including 165 million paying subscribers, as of June 2021.

Apple Music - Apple Music is a music and video streaming service developed by Apple Inc. Users select music to stream to their device on-demand, or they can listen to existing playlists.

Amazon Music - Amazon Music is a music streaming platform and online music store operated by Amazon. Launched in public beta on September 25, 2007, in January 2008 it became the first music store to sell music without digital rights management from the four major music labels, as well as many independents.

Myspace - Myspace is an American social networking service. From 2005 to early 2009, it was the largest social networking site in the world. Myspace was acquired by News Corporation in July 2005 for $580 million, and in June 2006 surpassed Yahoo! and Google to become the most visited website in the United States.

Napster - Napster is a set of three music-focused online services. It was founded in 1999 as a pioneering peer-to-peer file sharing Internet software that emphasized sharing digital audio files, typically audio songs, encoded in MP3 format.

RIAA - The Recording Industry Association of America is a trade organization that represents the recording industry in the United States. Its members consist of record labels and distributors, which RIAA says "create, manufacture, and/or distribute approximately 85% of all legally sold recorded music in the United States"

Guests Social Media Links: 
Website: fightforthefuture.org
Website: endcreativemonopolies.org
Evan Twitter: https://twitter.com/evan_greer
Lia Twitter: https://twitter.com/liaholland
FFTF Twitter: https://twitter.com/FightForTheFtr

Dr. Eoin O‘Dell - The Copyright Creation Myth, a Permission-Based Society, and EU vs US Copyright Law

Dr. Eoin O‘Dell - The Copyright Creation Myth, a Permission-Based Society, and EU vs US Copyright Law

November 4, 2021

Dr. Eoin O'Dell, Associate Professor of Law at Trinity College Dublin (Dublin University), explains some copyright fundamentals: its origins and basic premises, the creation myth, the shift to a permission-based society, and the differences between the EU and US approaches

Key Takeaways:
0:00 Intro
1:39 Eoin explains the basics of copyright and the lasting rights you have as an author after death
4:24 Eoin explains the origins of copyright in the US and UK dating back to the 1700's
8:01 Eoin starts to talk about how copyright has changed in the modern era with technology rapidly growing
11:33 Eoin gives examples of special protection in copyright including Mickey Mouse in the US
14:13 Eoin explains how the copyright industries created a self-sustaining system to their benefit
17:55 Eoin explains how copyright created a 'permission society' to consume content
22:32 Eoin talks about fair use and difference in it between countries
25:57 Eoin talks about how outdated laws put users in breach for day-to-day activities
29:28 Eoin explains how EU Member States' selective implementation of exceptions created a patchwork for users
31:35 Eoin explains the difference in fair use in the copyright industry vs user perspective
35:20 Eoin talks about Irelands long wait and delay to implement a parody exception
43:27 Eoin talks about the importance of intermediary liability to safeguard the Internet ecosystem
47:29 Eoin explains the future and what he'd like to see come from the European Union Directive

Resources Mentioned:

US Supreme Court: The Supreme Court of the United States is the highest court in the federal judiciary of the United States of America.

Sonny Bono: Salvatore Phillip "Sonny" Bono was an American singer-songwriter, producer, actor, and politician who came to fame in partnership with his second wife Cher as the popular singing duo Sonny & Cher.

Mickey Mouse: Mickey Mouse is a cartoon character created in 1928 by The Walt Disney Company, who also serves as the brand's mascot. An anthropomorphic mouse who typically wears red shorts, large yellow shoes, and white gloves, Mickey is one of the world's most recognizable fictional characters.

Digital Millennium Copyright Act: The Digital Millennium Copyright Act is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization. It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.

General Data Protection Regulation: The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA areas.

Guests Social Media Links: 
Website: https://www.tcd.ie/research/profiles/?profile=odelle
DRI: https://www.dri.ie/dri-team/eoin-odell 
Twitter: https://twitter.com/cearta

Rebecca Giblin - Reversion Rights, Out-Of-Print Books And How To Fix Copyright

Rebecca Giblin - Reversion Rights, Out-Of-Print Books And How To Fix Copyright

October 21, 2021

ARC Future Fellow and Associate Professor within the Melbourne Law School, an expert on e-lending, and co-author of "What if we could reimagine copyright?", Rebecca Giblin talks about the crucial but little-known area of reversion rights, how to rescue out-of-print books, and fixing some of the worst problems of copyright by making sure that creators are treated more fairly than they are currently.

Key Takeaways:
0:00 Intro
2:02 Rebecca talks about what made her focus on making copyright work better both for the users and for the creators when doing her research
3:26 Rebecca also talks about reversion rights, what they are and why they are important to her and what creators can do with the rights  and other types of rights 
11:04 Rebecca talks about more opportunities that come with being granted the reversion rights and in other spaces that they are applicable 
16:53 Rebecca also talks about two important cultural pieces to digitizing some of the books that were lost 
20:30 Rebecca talks about her book and if you had to reimagine or reinvent copyright from the start, what would be in it, what would not be in it and the book they have written with Cory Doctorow and when it’s coming out 
24:20 Rebecca shares her real-life experiences where she realized that she hit a wall and that there was something wrong and what she did to overcome that
27:12 Rebecca talks about things that she would love to see happen by 2030 in regards to copyrights 

Books Mentioned: 
What if we could reimagine copyright? https://press.anu.edu.au/publications/what-if-we-could-reimagine-copyright 

Shows Mentioned:
Kobo: https://www.kobo.com/ 
Kindle: https://www.amazon.com/Kindle-eBooks/b?ie=UTF8&node=154606011 
Overdrive: http://www.overdrive.com/ 
The National edeposit service: https://ned.gov.au/ 
Australian Literary Heritage Project: https://untapped.org.au/ 
Spotify: https://www.spotify.com/us/ 
Australian Research Council: https://www.arc.gov.au/ 

Guests Social Media Links: 
Website: https://www.unimelb.edu.au/ 
Twitter: https://twitter.com/rgibli 
Email: rebecca.giblin@unimelb.edu.au 

Mirela Roncevic - Open Access, Open Science, Scholarly Monographs, E-Book Lending

Mirela Roncevic - Open Access, Open Science, Scholarly Monographs, E-Book Lending

October 7, 2021

Scholar, writer, editor, content developer, and publishing and library consultant, Mirela Roncevic talks about the long journey of open access and open science, how to pay for scholarly monographs, and the complex challenges of e-book lending.

Key Takeaways:
0:00 Intro
1:54 Mirela talks about the open science movement, paywalls, and how researchers and their funders are trying to get around it 
6:17 Mirela talks about what she feels is special about scholarly monographs and books and business models such as crowdfunding 
10:42 Mirela talks about other interesting business models that have also emerged in this industry  
15:24 Mirela talks about the digitization of books and making them accessible to people at home and if digitizing books can pose new copyright challenges and lawsuits that have been there 
20:53 Mirela talks about e-book lending, what it is, how it works and how publishers not only use paywalls to restrict access, but also how they erect physical walls to block the access
26:35 Mirela explains if roles of libraries in the digital world are not only facilitating or making sure that users have a proper nice experience but also encouraging new business models and experimenting
30:04 Mirela talks about the particular moment when she hit the wall and knew that something was wrong and how she went around it 
34:26 Mirela talks about digital rights management of the book publishing industry, what it is, how it works, when it works and when it doesn’t 
40:34 Mirela talks about what she envisions the industry will look like in the next 10 years 

Shows Mentioned:
Opening the Future: https://www.openingthefuture.net/ 
Knowledge Unlatched: http://knowledgeunlatched.org/ 
Subscribe to Open: https://subscribetoopencommunity.org/ 
Creative Commons licenses: https://creativecommons.org/licenses/ 
Amazon: http://www.amazon.com/ 

Guests Social Media Links: 
Website: https://www.mirelaroncevic.com/ 
Company’s Website: http://www.noshelfrequired.com/ 
LinkedIn: https://www.linkedin.com/in/mirelaroncevic/ 
Twitter: https://twitter.com/noshelfrequired
Facebook: https://www.facebook.com/profile.php?id=100011368773357 

Cory Doctorow - Part 2: New publishing models for creators, Amazon as a frenemy, and the Internet Archive court case

Cory Doctorow - Part 2: New publishing models for creators, Amazon as a frenemy, and the Internet Archive court case

September 23, 2021

Author, journalist, and activist Cory Doctorow talks about the new publishing models available to creators, the consolidation of the publishing and distribution markets, the emergence of Amazon as a frenemy to publishers and the misunderstandings that led to the Internet Archive court case.

Highlights with timestamps:
1:26 Cory talks about the new publishing models for books, the Creative Commons license, and how other people can also make money even after putting their content online for free 
15:20 Cory also explains the reasons why his publishers asked him to stop using the Creative Commons licenses 
18:34 Cory talks about the Internet Archive, what it is, what it does, and why it was under attack by the publishers as an act of piracy claiming that they were acting as a library 
22:50 Cory talks about the Horthy Trust, what it is and what it does 
26:38 Cory talks about the particular moment when he hit the wall and now thought that there was something wrong there 
31:26 Cory talks about the things that he would like to see happen in the next five to 10 years so as to break the walls and move forward 

Shows Mentioned:
Open Rights Group: https://www.openrightsgroup.org/ 
Craigslist: http://www.craigslist.org/ 
Google: http://www.google.com/ 
Facebook: https://www.facebook.com/ 
Apple: https://www.apple.com/ 
Safari: http://www.apple.com/safari 
Nasdaq: https://www.nasdaq.com/ 
Google Book Search: https://books.google.com/books?uid=117522004192189783614 
AltaVista: http://www.altavista.com/ 
Yahoo: https://www.yahoo.com/ 
Digital Millennium Copyright Act: https://www.copyright.gov/dmca/ 
Barnes & Noble: http://www.barnesandnoble.com/ 
Macmillan: https://macmillanlibrary.com/ 
Amazon: http://www.amazon.com/ 

Quotes Mentioned:
“We should acknowledge that the press is in trouble financially.”
“If you don't know what's causing the problem, then simply doing something won't necessarily fix it.”
“A tractor without its software is just an inanimate lump of metal.”
“If you're not paying for the product, you're the product.”
“Publishing is connecting an audience with a work.”
“All the e-books are priced the same, thanks to various most favored nation deals between Amazon and the publishers and the other ebook stores.”
“One of the reasons e-book sales went down would probably be because people got tired of reading off of screens.” 

Guests Social Media Links:
Guests Social Media Links: 
LinkedIn: https://www.linkedin.com/in/cory-doctorow-a96558195/ 
Facebook: https://www.facebook.com/cory.doctorow.75 
Instagram: https://www.instagram.com/cory_doctorow/ 
Website: https://www.eff.org/ 
Personal website: https://craphound.com/ 
Email: doctorow@craphound.com 
Twitter: https://twitter.com/doctorow 

Call to Action Links:
website: www.walledculture.org
podcast: tbd

Cory Doctorow – Part 1: Newspapers, Big Tech, Link Tax, DRM and Right to repair

Cory Doctorow – Part 1: Newspapers, Big Tech, Link Tax, DRM and Right to repair

September 21, 2021

Author, journalist, and activist Cory Doctorow talks about the evolution of newspapers, the role and threats posed by big tech, the collateral damage created by link taxes and the impact of digital rights management systems (DRM) on our daily lives, including on our right to repair

Highlights with timestamps:
0:00 Intro
4:05 Cory talks about the link tax, Craigslist, monopolies and how this is impacting the press especially newspapers and also how the internet impacted the press and what needs to be done 
17:22 Cory explains why he feels that link taxes affect the smaller startups platforms more as compared to the big tech monopolies and why it’s a recurring motif in copyright fights involving monopolists
20:30 Cory talks about digital rights management or DRM, what it means generally and in specifics and what it is all about 
23:17 Cory talks about how the digital rights management don’t serve the user rights and how it also hurts the publishers 
28:06 Cory talks about the John Deere case that he wrote about recently and how it became the best sellers of tractors by using DRM 
33:58 Cory shares his thoughts on the John Deere case in terms of security and also talks about what could be done 

Shows Mentioned:
Open Rights Group: https://www.openrightsgroup.org/ 
Craigslist: http://www.craigslist.org/ 
Google: http://www.google.com/ 
Facebook: https://www.facebook.com/ 
Apple: https://www.apple.com/ 
Safari: http://www.apple.com/safari 
Nasdaq: https://www.nasdaq.com/ 
Google Book Search: https://books.google.com/books?uid=117522004192189783614 
AltaVista: http://www.altavista.com/ 
Yahoo: https://www.yahoo.com/ 
Digital Millennium Copyright Act: https://www.copyright.gov/dmca/ 
Barnes & Noble: http://www.barnesandnoble.com/ 
Macmillan: https://macmillanlibrary.com/ 
Amazon: http://www.amazon.com/ 

Quotes Mentioned:
“We should acknowledge that the press is in trouble financially.”
“If you don't know what's causing the problem, then simply doing something won't necessarily fix it.”
“A tractor without its software is just an inanimate lump of metal.”
“If you're not paying for the product, you're the product.”
“Publishing is connecting an audience with a work.”
“All the e-books are priced the same, thanks to various most favored nation deals between Amazon and the publishers and the other ebook stores.”
“One of the reasons e-book sales went down would probably be because people got tired of reading off of screens.” 

Guests Social Media Links:
Guests Social Media Links: 
LinkedIn: https://www.linkedin.com/in/cory-doctorow-a96558195/ 
Facebook: https://www.facebook.com/cory.doctorow.75 
Instagram: https://www.instagram.com/cory_doctorow/ 
Website: https://www.eff.org/ 
Personal website: https://craphound.com/ 
Email: doctorow@craphound.com 
Twitter: https://twitter.com/doctorow 

Call to Action Links:
website: www.walledculture.org
podcast: tbd

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