What AI can teach us about copyright and fair use; Freethink, May 8, 2023

Brandon Butler , Freethink; What AI can teach us about copyright and fair use

"So what have we learned? Copyright may protect authors in the first instance, but ultimately its role is to further the public good. Copyright regulates competition, but only in specific ways. Fair use is an essential bulwark against copyright literalism in the digital age. And finally, fair use can help technology to unlock free aspects of protected works. I can’t say, yet, whether I welcome our new robot overlords. I’m not even sure if they will be our overlords. But I have certainly appreciated the way that thinking about them has helped to sharpen my own thinking about copyright."

David Boggs, Co-Inventor of Ethernet, Dies at 71; The New York Times, February 28, 2022

 Cade Metz, The New York Times; David Boggs, Co-Inventor of Ethernet, Dies at 71

Thanks to the invention he helped create in the 1970s, people can send email over an office network or visit a website through a coffee shop hot spot.

"David Boggs, an electrical engineer and computer scientist who helped create Ethernet, the computer networking technology that connects PCs to printers, other devices and the internet in offices and homes, died on Feb. 19 in Palo Alto, Calif...

Before becoming the dominant networking protocol, Ethernet was challenged by several other technologies. In the early 1980s, Mr. Metcalfe said, when Mr. Boggs took the stage at a California computing conference, at the San Jose Convention Center, to discuss the future of networking, a rival technologist questioned the mathematical theory behind Ethernet, telling Mr. Boggs that it would never work with large numbers of machines.

His response was unequivocal. “Seems Ethernet does not work in theory,” he said, “only in practice.”"

193 countries adopt first-ever global agreement on the Ethics of Artificial Intelligence; UN News, November 25, 2021

UN News; 193 countries adopt first-ever global agreement on the Ethics of Artificial Intelligence

"Artificial intelligence is present in everyday life, from booking flights and applying for loans to steering driverless cars. It is also used in specialized fields such as cancer screening or to help create inclusive environments for the disabled.

According to UNESCO, AI is also supporting the decision-making of governments and the private sector, as well as helping combat global problems such as climate change and world hunger.

However, the agency warns that the technology ‘is bringing unprecedented challenges’.

“We see increased gender and ethnic bias, significant threats to privacy, dignity and agency, dangers of mass surveillance, and increased use of unreliable Articificial Intellegence technologies in law enforcement, to name a few. Until now, there were no universal standards to provide an answer to these issues”, UNESCO explained in a statement.

Considering this, the adopted text aims to guide the construction of the necessary legal infrastructure to ensure the ethical development of this technology.

“The world needs rules for artificial intelligence to benefit humanity. The Recommendation on the ethics of AI is a major answer. It sets the first global normative framework while giving States the responsibility to apply it at their level. UNESCO will support its 193 Member states in its implementation and ask them to report regularly on their progress and practices”, said UNESCO chief Audrey Azoulay."

Want to Reverse Inequality? Change Intellectual Property Rules.; The Nation, February 8, 2021

 Dean Baker, February 8, 2021; Want to Reverse Inequality? Change Intellectual Property Rules.

Changes in IP have done far more than tax cuts to increase inequality—and US protection of IP could lead to a cold war with China.

"While the Reagan, George W. Bush, and Trump tax cuts all gave more money to the rich, policy changes in other areas, especially intellectual property have done far more to redistribute income upward. In the past four decades, a wide array of changes—under both Democratic and Republican presidents—made patent and copyright protection both longer and stronger."

Einstein’s ‘God Letter,’ a Viral Missive From 1954; The New York Times, December 2, 2018

James Barron, The New York Times;
Einstein’s ‘God Letter,’ a Viral Missive From 1954

[Kip Currier: This article is interesting in and of itself, but as someone teaching IP, where we frequently look at issues of digitization, I was especially intrigued to learn about the ongoing Einstein Papers Project. Knowing how phenomenally useful Cambridge University's Darwin Correspondence Project's digitized letters were for my own dissertation research exploring Charles Darwin's information behaviors, I can imagine the treasure trove of insights relevant to many disciplines that will be gleaned--and now made accessible to diverse worldwide users--from Einstein's digitized writings.

These kinds of massive "knowledge access for the public good" projects (--like Harvard's recently inaugurated Caselaw Access Project) are commendable exemplars of the positive intersections that technology, academic scholarship, and research institutions like CalTech and Cambridge can promote and achieve on behalf of global audiences.]

"Diana L. Kormos-Buchwald, a professor of history at the California Institute of Technology and the director of the Einstein Papers Project, said that Einstein was “not particularly thrilled at the special place that Gutkind devotes to Einstein’s science as the — how shall we put it — the best example of Jewish deterministic thought.”"

Professor Tells UN, Governments Of Coming “Tsunami” Of Data And Artificial Intelligence; Intellectual Property Watch, February 21, 2018

William New, Intellectual Property Watch; Professor Tells UN, Governments Of Coming “Tsunami” Of Data And Artificial Intelligence

"[Prof. Shmuel (Mooly) Eden of the University of Haifa, Israel] said this fourth revolution in human history is made up of four factors. First, computing power is at levels that were unimaginable. This power is what makes artificial intelligence now possible. The smartphone in your hand has 1,000 times the components of the first rocket to the moon, he said, which led to a chorus of “wows” from the audience.

Second is big data. Every time you speak on the phone or go on the internet, someone records it, he said. The amount of data is unlimited. Eden said he would be surprised if we use 2 percent of the data we generate, but in the future “we will.”

Third is artificial intelligence (AI). No one could analyse all of that data, so AI came into play.

Fourth is robots. He noted that they don’t always look like human forms. Most robots are just software doing some function...

 Eden ended by quoting a hero of his, former Israeli Prime Minister Shimon Peres, who told him: “Technology without ethics is evil. Ethics without technology is poverty. That’s why we have to combine the two.”

Eden challenged the governments, the UN and all others to think about how to address this rapid change and come up with ideas.

He challenged the governments, the UN and all others to think about how to address this rapid change and come up with ideas. Exponentially."

Happy birthday open source: A look back at the software that's pushing tech forward; TechRepublic, February 7, 2018

Jack Wallen, TechRepublic; Happy birthday open source: A look back at the software that's pushing tech forward

"Twenty years. It's been 20 years since the Open Source Definition (based on the Debian Free Software Guidelines) was published. That definition sought to uphold 10 ideas:

• A license shall not restrict free redistribution
• The source code must be included with the program
• The license must allow for derived works
• The license protects the integrity of the author's source code
• No discrimination against persons or groups
• No discrimination against fields of endeavor
• The rights attached to the program must apply to all to whom the program is redistributed
• License must not be specific to a product
• License must not restrict other software
• License must be technology-neutral

From that original definition, the idea of "free" (as in "freedom," not "price") software was born. In part, because of the Open Source Definition, plenty of game-changing software has been developed."

Without intellectual property licensing, where would we be?; CIO, June 19, 2017

Roger Kay, CIO; Without intellectual property licensing, where would we be?

"Intellectual property (IP) is a lot like taxes: you don’t care about the legal niceties until they apply to you. IP (not to be confused with the IP in TCP/IP, which stands for Internet Protocol) is the fuel that runs our information economy, the wellspring from which a thousand flowers bloom in the form of a plethora of products based on IP previously created, established, and licensed to all comers.

When an inventor creates a valuable technology and patents it, there are two ways to go:

• exploit the technology directly and try to profit from being the sole supplier, or

• license it to anyone on a “fair, reasonable, and non-discriminatory” (FRAND) basis and nurture an entire industry.

There are plenty of examples of both.

IP licensing can enable not just one company, but an entire industry."

Patents harder to obtain now, attorney [sic] say; Tulsa Business & Legal News, March 17, 2017

Ralph Schaefer, Tulsa Business & Legal News; 

Patents harder to obtain now, attorney [sic] say

"Back in 1899, Charles H. Duell, then-commissioner of the U.S. patent office, said “everything that can be invented has been invented” and the office should be closed.

Duell should have fast-forwarded 118 years to look at what has happened as technology has exploded and changed the face of the world. He would get a different perspective from four GableGotwals lawyers who are facing challenges the 19th century commissioner could not have imagined.

Todd A. Nelson, Scott R. Zingerman, James F. Lea III and David G. Woodral are registered patent attorneys."

Jonathan Nolan Responds To That Westworld Location Theory; Slashfilm.com, 10/17/16

Peter Sciretta, Slashfilm.com; Jonathan Nolan Responds To That Westworld Location Theory:

Minor spoilers re "Westworld" plot themes

[Kip Currier: Viewers of Season 1 of the popular new HBO series "Westworld"--a reimagined reboot of the 1973 film, based on Michael Crichton's eponymous novel--have increasingly seen the protect-at-all-costs value of Westworld's Intellectual Property, as well as privacy concerns. Showrunners Jonathan Nolan and Lisa Joy Nolan touch on these issues below:]

"In regards to the computer terminals where the Delos staff communicate to their loved ones back home, [Lisa Joy Nolan] says:

Regardless of where they are, the park is very, very vast, and you don’t rotate home often. You don’t have open communication where you can just pick up a phone. Even senior people have to go to the coms room – because [the park is] protecting their intellectual property. We’re hoping to paint a portrait of the culture of the corporation.

[Jonathan] Nolan (who was a showrunner on Person of Interest, a series about a computer system that could analyze all forms of public and private data to predict the future) seems to be very interested in the aspect of big brother looking in on our communications. As for how it relates to Westworld, he says the Delos corporation wants to protect its intellectual property and the privacy of the park’s guests:

In Westworld, the value of the park is all in its intellectual property, it’s all in the code. So regardless of the park’s location, they would be extremely careful with that code and making sure its virtually impossible to smuggle it out of the park. And there’s the privacy of the guests – you’re not going to have a good time in Westworld if somebody is Instagramming your activities. I’m amazed [th]at [sic] Las Vegas has survived the Instagram age. In episode 2, when the guests come in, we don’t see this, but we assume these guys have cell phones that they’re not allowed to bring in the park. We very much think this is a path where culture may be going – that we’ll get over-exposed and sick of the interconnectedness of our lives that we’ll hunger for places [that offer disconnected privacy]. We’ll hunger for a moment where we can go back toward having some privacy."

Murder (or not) at the Library of Congress?; Washington Post, 10/31/16

David Post, Washington Post; Murder (or not) at the Library of Congress? :

"We’ll likely never know the details of Pallante’s departure from her job. I’ll go out on a limb and suggest that the logical explanation is probably the actual one. I have no difficulty believing that Hayden and Pallante are both principled, independent, capable people who disagreed on a structural matter so fundamental to the future of the library and the Copyright Office that it was simply not possible for them both to continue in the jobs to which they had been appointed. The Copyright Act gives the librarian supervisory authority over the register of copyrights: “The Register of Copyrights, together with the subordinate officers and employees of the Copyright Office, shall be appointed by the Librarian of Congress, and shall act under the Librarian’s general direction and supervision.” (17 U.S.C. § 701.) Hayden operated within her authority when she reassigned Pallante to another position within the Library of Congress. The register graciously and understandably declined the new appointment.

Those of us who care about the future of the copyright system and the important cultural values it is intended to further — and we are a big tent full of strong-minded people — should get to work finding the next register of copyrights. It’s past time to move beyond the suspicion and rancor that have come to dominate debates over copyright policy. We have a new librarian of Congress, and we will soon have a new register of copyrights. As a community of big and small creators and technologists, we should help the librarian and the register work together to build a more technologically advanced and operationally focused Copyright Office."

President Obama to Host White House Frontiers Conference in Pittsburgh; University of Pittsburgh Press Release, 8/30/16

Joe Miksch, University of Pittsburgh Press Release; President Obama to Host White House Frontiers Conference in Pittsburgh:

"President Obama will travel to Pittsburgh Oct. 13 to host the White House Frontiers Conference, a national convening that the White House is cohosting with the University of Pittsburgh and Carnegie Mellon University to explore the future of innovation here and around the world. The convening will include topics in the November issue of WIRED, which will be guest-edited by the president on the theme of “Frontiers.” The conference will focus on building U.S. capacity in science, technology, and innovation, and the new technologies, challenges, and goals that will continue to shape the 21st century and beyond.

The White House Frontiers Conference will bring together some of the world’s leading innovators in Pittsburgh to discuss how investing in science and technology frontiers will help improve lives, including progress and investments that are keeping America and Americans on the cutting edge of innovation."

Senate Passes 10 Year Term for Librarian of Congress; Library Journal, 10/13/15

Bob Warburton, Library Journal; Senate Passes 10 Year Term for Librarian of Congress:

"As President Obama ponders his choice for the next Librarian of Congress, the first time in nearly three decades that such a nomination will be necessary, the U.S. Senate has passed a bill to put a 10-year term on the position. If passed by the House and signed by the president, the bill will strip the job of the lifetime tenure it has carried since 1802...

Politics aside, another reason supporters feel the limit is now necessary is the accelerating rate of change—in library service, in technology, and in the demands on and challenges to copyright law that tech brings in its wake."

At Comic-Con, Bring Out Your Fantasy and Fuel the Culture; New York Times, 7/15/15

A.O. Scott, New York Times; At Comic-Con, Bring Out Your Fantasy and Fuel the Culture:

"The deeper mythology of Comic-Con is that fans and creators are joined in communion, sharing in the holy work of imagination. The logic of popular culture today suggests that every fan is also an artist. This is literally true in the blossoming fields of fan art and fan fiction, in which devotees of intellectual properties (the ubiquitous San Diego shorthand for books, comics, movies and shows) make their own images and stories involving their favorite characters. Cosplay is a live-action form of fan art, or maybe fan nonfiction, and the owners of the intellectual property rights are careful not to interfere too much.

The organizers of Comic-Con, meanwhile, provide encouragement for fans who dream of professionalizing their passions. A smattering of panels offered advice on how to pitch an idea, how to market a product, how to make a living in a crowded marketplace. Social media and digital technology encourage the fantasy that everyone can make stuff and put it out there for everyone else.

Or maybe it isn’t a fantasy. The world of popular culture only gets bigger, and as it does it grows more diverse, more inclusive and more confounding."

Copyright Law Is Being Rewritten Right Now, and You Can Help; Wired.com, 12/8/14

Kyle Wiens, Wired.com; Copyright Law Is Being Rewritten Right Now, and You Can Help:

"Strap in, folks—because we’re about to talk copyright law. I’m aware that as soon as I string the words “copyright” and “law” together, eyes start to glaze over. I get it. Copyright law isn’t Kim-Kardashian’s-oiled-butt level stuff; it doesn’t break the internet. But important things hardly ever do. Believe it or not, copyright law is shaping up to be the next big battleground in technology. And its fundamentally redefining ownership.

Copyright isn’t just about pirating music or downloading DVDs anymore. Like a creature alive, copyright is evolving and expanding. Traditional “dumb” products are being replaced by an internet of things — and copyright is hitching along for the ride. Its DNA is being woven through the programming that powers your car, the firmware in your phone, the code in your kid’s talking teddy bear, and the software that calibrates your hearing aid."

Review of Lawrence Lessig: Decriminalizing the Remix, Time, 10/17/08

Via Time: Review of Lawrence Lessig: Decriminalizing the Remix:

"In his latest book, the Stanford professor and Wired columnist rails against the nation's copyright laws — regulations he believes are futile, costly and culturally stifling. Citing "hybrid" economies like YouTube and Wikipedia (both of which rely on user-generated "remixes" of information, images and sound), Lessig argues in favor of what he calls a "Read/Write (RW)" culture — as opposed to "Read/Only (RO)" — that allows consumers to "create art as readily as they consume it."

http://www.time.com/time/business/article/0,8599,1851241,00.html