Walled Culture
Jean-Sébastien Caux: Rethinking Academic Publishing, Open Access & SciPost

Jean-Sébastien Caux: Rethinking Academic Publishing, Open Access & SciPost

June 30, 2022

Jean-Sébastien Caux is Professor in theoretical condensed matter physics at the University of Amsterdam. A Canadian citizen, he obtained his PhD in Oxford, was postdoctoral Fellow in All Souls, and moved to the Netherlands in 2003. Besides his research activities, he is actively involved in the reform of scientific publishing. He is the founder, implementer and current chairman of open access publication portal SciPost. Jean-Sébastien reflects on the current state of play of the scientific publishing landscape and copyright’s role. He talks about the open access movement and the major hurdles or speed bumps ahead. Jean-Sébastien unravels how his personal frustrations led to the creation of SciPost and discusses the effort’s long term sustainability. He makes a plea to change the institutional mindset and move towards Diamond Open Access.  Jean-Sébastien calls for academic rebellion and gives a word of warning about the next can of worms: publishers’ surveillance operations. Finally, he concludes by encouraging his fellow academics to educate themselves about copyright and the academic publishing machine.

📌Time Stamp
⏲️[00:00] Intro
⏲️[01:39] The current state of play of the scientific publishing landscape and copyright’s role
⏲️[06:18] The open access movement and the major hurdles or speed bumps ahead
⏲️[13:05] The story behind the SciPost publishing infrastructure
⏲️[20:10] Ensuring SciPost’s long term sustainability
⏲️[26:56] A plea to change the institutional mindset and move towards Diamond Open Access
⏲️[32:50] Calling for academic rebellion and a word of warning about the next can of worms: publishers’ surveillance operations
⏲️[38:47] Hitting the ‘Wall’
⏲️[41:15] Final thoughts

📌Guest of this Episode
🎙️Jean-Sébastien Caux
Professor in theoretical condensed matter physics at the University of Amsterdam
Founder of SciPost
🌐https://jscaux.org
🐦https://twitter.com/jscaux

Catherine Stihler: Creative Commons, the EU Copyright Directive, and Civil Society’s Role

Catherine Stihler: Creative Commons, the EU Copyright Directive, and Civil Society’s Role

June 2, 2022

Catherine Stihler OBE was appointed CEO of Creative Commons, in August 2020, a non-profit organisation that helps overcome legal obstacles to advance better sharing of knowledge and creativity to address the world’s pressing challenges. She has been an international champion for openness as a legislator and practitioner for over 20 years. She was a member of the European Parliament for Scotland representing the Labour Party. At the European Parliament, she became one of Scotland’s longest-serving and most respected legislators. Prior to joining Creative Commons, she served as the CEO of the Open Knowledge Foundation. Catherine reflects on this trajectory that led her to Creative Commons and the lessons learned from the EU Copyright Directive adoption. She talks about the growing importance of Creative Commons licences and the importance of various ongoing legislative developments (e.g. AI, disinformation). She highlights the value of Creative Commons for creativity and knowledge sharing. Finally, throughout the episode she emphasises the need for the community, from libraries to civil society organisations, that are seeking a progressive copyright reform to unite and stand together in order to ensure their voice is heard by policymakers.

📌Time Stamp
⏲️[00:00] Intro
⏲️[01:46] The road to joining Creative Commons
⏲️[09:54] Lessons learned from the EU Copyright Directive adoption
⏲️[16:26] The growing importance of Creative Commons licences
⏲️[22:14] Ongoing legislative developments and their importance
⏲️[27:51] The value of Creative Commons for creativity and knowledge sharing
⏲️[34:45] Hitting the ‘Wall’
⏲️[38:47] Final thoughts

📌Guest of this Episode
🎙️Catherine Stihler 
CEO of Creative Commons and former CEO of the Open Knowledge Foundation. She represented Scotland in the European Parliament for 20 years
https://creativecommons.org/author/catherine
https://uk.linkedin.com/in/catherine-stihler-a7b83711
https://twitter.com/c_stihler

Marc Rees: À la Française, de l’Hadopi par la copie privée, jusqu’aux algorithmes de l’Article 17

Marc Rees: À la Française, de l’Hadopi par la copie privée, jusqu’aux algorithmes de l’Article 17

May 5, 2022

Marc Rees est journaliste et rédacteur en chef de Next INpact, le site français traitant de tout ce qui est numérique, y compris les commentaires sur les questions actuelles de droit d'auteur. Il se spécialise en droit des nouvelles technologies, dont communication, LCEN, surveillance, données personnelles, et droit d’auteur. Marc est connu comme l’un des meilleurs commentateurs du droit d'auteur, dans le monde francophone. Sur notre podcast, il explique la stratégie de la France de mettre les droits d'auteur au premier plan. Il couvre le rôle de la Présidence Français dans les négociations du Digital Service Act (DSA). Marc réfléchit sur la création de l’Hadopi. Il parle passionnément à propos de la redevance copie privée et les aberrations qu'elle crée. Finalement, Marc souligne l'importance des utilisateurs dans les débats numériques et discute la responsabilité des intermédiaires techniques.

📌Time Stamp

⏲️[00:00] Intro
⏲️[02:15] La stratégie de la France de mettre les droits d'auteur au premier plan
⏲️[06:26] Le rôle de la Présidence Français dans les négociations du Digital Service Act (DSA)
⏲️[11:47] De la conception de l’Hadopi au nouveau super régulateur ARCOM
⏲️[19:25] La redevance copie privée est devenu une aberration économique, environnementale et sociale
⏲️[33:15] Réconcilier le droits d’auteur avec l’ère numérique: tenir comptes des utilisateurs
⏲️[36:36] La responsabilité des intermédiaires techniques: l’Article 17 de la Directive du droit d’auteur et le blocage de Russia Today et Spoutnik

📌Invité dans cet épisode
🎙️Marc Rees | Rédacteur en chef chez Next INpact.com

https://twitter.com/reesmarc

https://twitter.com/nextinpact 

https://www.nextinpact.com/ 

Katharine Trendacosta: The US DMCA, Upload Filters, SOPA-PIPA, Fanfiction, & Platform Competition

Katharine Trendacosta: The US DMCA, Upload Filters, SOPA-PIPA, Fanfiction, & Platform Competition

March 31, 2022

Katharine Trendacosta is Associate Director of Policy and Activism at the Electronic Frontier Foundation (EFF). Her areas of expertise are competition, broadband access, intellectual property, net neutrality, fair use, free speech online, and intermediary liability. She is the former managing editor of science fiction and science website io9, and spent many years writing about technology policy and pop culture for various publications. Katharine notably talks about the good and the bad of the DMCA and the issues surrounding upload filters. She reflects on why the SOPA-PIPA debate mattered and how the underlying issues still linger. Katharine recalls how fanfiction sparked her interest in copyright and shares her hopes to see more smaller platforms pop-up as alternative avenues for creators and users.

📌Time Stamp
⏲️[00:00] Intro
⏲️[02:14] Revisiting the US DMCA after 20 years, looking at Sections 512 and 1201 on limited liability and anti-circumvention
⏲️[10:17] The detrimental impact of upload filters
⏲️[19:27] Upload filters’ anti-competitive nature
⏲️[23:39] Big Content & Big Tech
⏲️[28:45] Reminding politicians of the SOPA/PIPA debacle
⏲️[37:40] Hitting the ‘Wall’
⏲️[40:47] Final thoughts

📌 Relevant Links
☑️Unfiltered: How YouTube’s ‘Content ID’ Helps Shape What We See Online (https://www.eff.org/wp/unfiltered-how-youtubes-content-id-discourages-fair-use-and-dictates-what-we-see-online)
☑️Robots Have No Place Filtering Creative Content, EFF Tells U.S. Copyright Office (https://www.eff.org/deeplinks/2022/02/robots-have-no-place-filtering-creative-content-eff-tells-us-copyright-office)
☑️It’s Copyright Week 2022: Ten Years Later, How Has SOPA/PIPA Shaped Online Copyright Enforcement? (https://www.eff.org/deeplinks/2022/01/its-copyright-week-2022-ten-years-later-how-has-sopapipa-shaped-online-copyright)
☑️When It Comes to Antitrust, It’s All Connected (https://www.eff.org/deeplinks/2021/08/when-it-comes-antitrust-its-all-connected)

📌Guest of this Episode
🎙️Katharine Trendacosta
Associate Director of Policy and Activism at Electronic Frontier Foundation
https://twitter.com/k_trendacosta
https://www.eff.org

Dr Andres Guadamuz: The EU Copyright Directive, Text & Data Mining, Web3, the Metaverse, & NFTs

Dr Andres Guadamuz: The EU Copyright Directive, Text & Data Mining, Web3, the Metaverse, & NFTs

March 17, 2022

Dr Andres Guadamuz is a Reader in Intellectual Property Law at the University of Sussex and the Editor in Chief of the Journal of World Intellectual Property. His main research areas are on artificial intelligence (AI) and copyright, open licensing, cryptocurrencies, and smart contracts. Andres has published two books, the most recent one of which is "Networks, Complexity and Internet Regulation", and he regularly blogs at Technollama.co.uk. He has acted as an international consultant for the World Intellectual Property Organization (WIPO), and has done activist work with Creative Commons. Andres notably talks about the EU Copyright Directive, addressing how the more controversial elements were pushed through and, on a positive note, how it enables text and data mining. He reflects on the interplay between copyright and new hypes like Web3, the Metaverse and NFTs. Andres further shares some thoughts on how copyright and digital policy is being shaped in general and on the copyright implications of Brexit.

📌Time Stamp
⏲️[00:00] Intro
⏲️[00:41] Guest introduction
⏲️[01:39] Reflecting on the EU Copyright Directive
⏲️[08:06] The EU Copyright Directive’s upside: Enabling text & data mining
⏲️[12:38] A closer look at Web3 & the Metaverse
⏲️[18:54] Web3’s looming danger for the public domain
⏲️[20:23] Debunking the NFT hype
⏲️[27:45] Hitting the ‘Wall’
⏲️[29:23] The disconnect in shaping copyright & digital policy
⏲️[31:44] Copyright implications of Brexit
⏲️[34:03] Final thoughts

📌Speakers of this Episode
🎙️Dr Andres Guadamuz | Reader in Intellectual Property Law at the University of Sussex and the Editor in Chief of the Journal of World Intellectual Property
https://twitter.com/technollama
https://www.technollama.co.uk

Jennie Rose Halperin: A Tech-Positive Future for Libraries, Controlled Digital Lending & US CASE Act

Jennie Rose Halperin: A Tech-Positive Future for Libraries, Controlled Digital Lending & US CASE Act

March 3, 2022

Jennie Rose Halperin, is a facilitator, digital strategist, writer, and editor, who currently serves as the Executive Director of Library Futures: a nonprofit organization that champions equitable access to knowledge. Trained as a librarian, she has worked in content, web development, and digital services of all types, including at the Harvard Law Library, Creative Commons, Safari Books Online/O'Reilly Media, and Mozilla. Jennie notably talks about promoting a technology positive future for libraries. She reflects on the bad and overly complex licensing deals libraries are presented with and looks at the dangers of the US Case Act for librarians. Jennie further explains the concept of controlled digital lending, and discusses the recent US eBook bills.

 

📌Time Stamp
⏲️[00:00] Introduction
⏲️[02:08] Copyright issues encountered
⏲️[07:17] Ebooks & Controlled Digital Lending
⏲️[10:50] Audiobooks vs Ebooks
⏲️[16:22] Digital ownership
⏲️[23:07] Defects in the system
⏲️[27:34] Recommendations from our guest
⏲️[33:39] Conclusion

 

📌People Mentioned in The Episode
☑️Kathleen deLaurenti
☑️Rich Prelinger
☑️Courtney Cook
☑️Chris Paulson 

📌Special Terms Mentioned in The Episode
☑️Ebooks - an electronic version of a printed book that can be read on a computer or handheld device designed specifically for this purpose.
☑️Audiobooks - an audiocassette or CD recording of a reading of a book, typically a novel.
☑️Control Digital Lending -  (CDL) is a model by which libraries digitize materials in their collection and make them available for lending. It is based on interpretations of the United States copyright principles of fair use and copyright exhaustion.
☑️Copyright - is a statute that grants you ownership of the work you produce.

 

📌Guest of this Episode
🎙️Jennie Rose Halperin | Executive Director of Library Futures
https://www.libraryfutures.net
https://twitter.com/library_futures
https://twitter.com/little_wow

Katherine Maher: The Monkey Selfie, Public Domain, Freedom of Panorama, the EU Copyright Directive, Remix Culture, & the 20th Century Black Hole

Katherine Maher: The Monkey Selfie, Public Domain, Freedom of Panorama, the EU Copyright Directive, Remix Culture, & the 20th Century Black Hole

February 3, 2022

Katherine Maher, advocate for free and open societies, is the former CEO and Executive Director of the Wikimedia Foundation. Her background is in the field of information and communications technology, and she works at non-profits in the international sector, focusing on the use of technology enabling human rights and international developments. She reflects on the ‘monkey selfie’ and its role to help educate people on the public domain, as well as on the complexity to push issues such as freedom of panorama. Katherine looks at how the EU copyright Directive played out, her early encounter with remix culture, and the difficulty of unlocking contemporary art and the 20th century black hole. She closes off by emphasising the need to make the legalistic copyright debate less daunting for citizens to grasp.

Key Takeaways:
00:00 Intro
01:42 Katherine talks about Wikimedia’s stance on the ‘monkey selfie’ controversy from a copyright perspective and questions if there wasn’t more behind the photographer’s initial story
04:08 Katherine explains how Wikimedia approach the case from a US perspective, being a US based entity that hosts its content under US jurisdiction
07:08 Katherine reflects on how the ‘monkey selfie’ became an avenue to educate people on the public domain and to move away from the dominant perspective of copyright and IP rights
11:30 Katherine explains the issue of freedom of panorama, with the Eiffel Tower’s light show and the Brussels Atomium as examples, and observes that the EU copyright Directive didn’t turn out as hoped 
16:58 Katherine talks about remix culture and shares a particular moment when she felt she hit the copyright wall and realised that something needed to change
21:52 Katherine notes that the opportunities to shape the copyright framework are rare, such as the EU copyright Directive debate, and have a long lasting impact. She is however hopeful to see the free knowledge movement thrive in the decade ahead
26:46 Katherine explains how creators can put their work in the public domain through the use of Creative Commons licences
28:30 Katherine emphasises the important values of sharing and crediting that shape the Creative Commons model
30:51 Katherine highlights how copyright can feel daunting for people due to the overly legalistic nature of the discourse that surrounds it

Shows Mentioned:

https://wikimediafoundation.org/news/2017/12/22/monkey-selfie/
https://www.copyright.gov/title17/
https://wikimediafoundation.org/news/2019/02/11/a-bunch-of-media-just-entered-the-public-domain-heres-why-that-matters/
https://whc.unesco.org/
http://www.nasa.gov/
https://commons.wikimedia.org/wiki/Commons:Freedom_of_panorama
https://en.wikipedia.org/wiki/The_Grey_Album
http://www.livrustkammaren.se/

Guests Social Media Links:

Website: https://wikimediafoundation.org/
LinkedIn: https://www.linkedin.com/in/krmaher/
Facebook: https://www.facebook.com/katherine.maher3
Twitter: https://twitter.com/krmaher

Picture of Katherine Maher by VGrigas (WMF) – Own work, CC BY-SA 3.0, Link

Alex Sayf Cummings: Music Piracy, Alternative Remuneration Models, Blurred Lines, SOPA, and Out of Control Copyright Terms & Penalties

Alex Sayf Cummings: Music Piracy, Alternative Remuneration Models, Blurred Lines, SOPA, and Out of Control Copyright Terms & Penalties

January 20, 2022

Alex Sayf Cummings is a historian of law, technology, labor, public policy, and American cities. A leading voice on pop culture and public history, she has published on a variety of topics, from music history to the information economy. Her teaching focuses on the history of media industries (such as music, publishing, broadcasting) and American legal and political institutions (such as copyright). She covers the music industry’s role in pushing for IP rights, talks about music piracy and how Napster pushed rightholders into the streaming model, and explores how alternative remuneration models are far more beneficial for creators. Alex also talks about the Blurred Lines case, the revolt against SOPA, how copyright terms and penalties have been out of control and why we should resist extending these protection terms. Finally, she calls out music companies’ bluff that they fight on behalf of artists.

Key Takeaways:
0:00 Intro
1:12 Alex shares her efforts to backtrack the origins of music piracy and bootlegging, and how this led to her book: ‘Democracy of sound’
4:27 Alex explores the music industry’s role in pushing for IP rights
11:06 Alex reflects on how we went from bootlegging in the 1960s to Napster pushing the music industry into streaming, and how streaming continues to keep artists locked into in the same battles as before
16:40 Alex explains why alternative models, such as Bandcamp or Patreon, are better for artists by cutting out the record labels as middleman
20:03 Alex discusses the lawsuit around the Blurred Lines song, and how this is a problematic case that could harm creation
22:45 Alex pinpoints the US Stop Online Piracy Act (SOPA) as a tipping point against rightholders' continued demands for more stringent copyright rules
26:42 Alex goes deeper into the revolt there was against SOPA from both citizens and tech
30:56 Alex talks about the shift that there has been towards targeting the wires and circuits of the Internet and why this is bad
33:18 Alex reflects on a particular moment that she experienced and where she felt that she hit a wall, as she talks about information scarcity 
37:35 Alex brings up the ‘Mickey Mouse Protection Act’, pointing out that copyright protection terms and penalties have spiralled out of control
46:08 Alex highlights how there is no need for the current conflictual copyright environment that is putting fans and artists, consumers and producers against each other. She also calls out music companies’ bluff that they fight on behalf of artists

Books Mentioned:
https://www.amazon.com/Democracy-Sound-Remaking-Copyright-Twentieth/dp/0199858225/ref=sr_1_1?s=books&ie=UTF8&qid=1344622653&sr=1-1 

Shows Mentioned:
https://www.deezer.com/us/?autoplay=true 
http://www.spotify.com/ 
https://us.napster.com/ 
http://www.ascap.com/ 
https://www.bmi.com/ 
http://bandcamp.com/ 
http://www.patreon.com/ 
https://www.pandora.com/ 
https://www.congress.gov/bill/112th-congress/house-bill/3261/text?q=hr3261 

Guests Social Media Links:
Website: https://tropicsofmeta.com/ 
Portfolio website: http://alexsayfcummings.com/ 
LinkedIn: https://www.linkedin.com/in/alexcummings/ 
Twitter: https://twitter.com/akbarjenkins 

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 

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