DMC2 Session 05: Online Sharing Politics

DMC2: Session 05: Online Sharing Politics
Ti 17.11 - 09.00-11.30

Sharing and Caring

Original Zune-cookie ad

Exercise: Sharing and Caring


Social Media are..
“the online tools and platforms that people use to share opinions, insights, experiences, and perspectives with each other.”

Social media. Introduction to the tools and processes of participatory economy
Lietsala, Katri & Sirkkunen, Esa, Tampere University Press, 2008

Which media types?
for example: photograph images, videos, computer games, media-messages, video-clips, digital images, mp3 music files, audio 'podcasts'

What are you using?
for example: Cassette, VHS Video, Micro-Radio Broadcast, CD, DVD, Flash-stick, Email, Blogs, Wiki, Facebook, Youtube, IRC-Gallery, DeviantArt, Indymedia, Jaiku, Flickr, MySpace, Streaming webcam,, Last.FM,

Internet, Mobile Message, Bluetooth,


What if anything is stopping you from sharing?

Don't Copy That Floppy (HIGH QUALITY version!) 1992.

Japanese Anti-piracy PSA

Movie Piracy - It's a crime

Anti Piracy (Finland)


What is Intellectual Property?

According to WIPO (World Intellectual Property Organisation):

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Intellectual property is divided into two categories:

Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source;

and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.

Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs”


IFPI (International Federation of the Phonographic Industry) represents the recording industry worldwide with some 1400 members in 72 countries and affiliated industry associations in 44 countries… Says..

“Copyright is the means by which a person or a business makes a living from creativity.

Copyright springs from a simple notion:

the people that create, produce or invest in creative work should be the ones that decide how that work should be reproduced and made available to the public.

Enshrined in international law for more than 200 years, copyright provides the economic foundation for creating and disseminating music, literature, art, films, software, and other forms of creative works.
Copyright also protects culture and fosters artistic integrity.
Copyright provides that the rights holders determine whether and how copying, distributing, broadcasting and other uses of their works take place.
This gives talented people the incentive to create great works, and entrepreneurs the economic reasons to invest in them.”
IFPI: What is Copyright?


According to Wikipedia..

“Although many of the legal principles governing intellectual property have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the United States”


Berne Convention for the Protection of Literary and Artistic Works (1886/1896/1908/1914/1928/1948/1967/1971/1979):

Instigated by Victor Hugo, influenced by french idea “right of the author” (droit d'auteur)

“Under the Convention, copyrights for creative works are automatically in force upon their creation without being asserted or declared. An author need not "register" or "apply for" a copyright in countries adhering to the Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work and to any derivative works, unless and until the author explicitly disclaims them or until the copyright expires.”


Stallmann's criticism: Did you say Intellectual property?

Copyright, Patents, Trademarks: 3 separate and different entities, involving 3 separate and different laws.

The term intellectual property, according to Prof. Mark Lemley followed 1967 founding of UN-org World Intellectual Property Organisation (WIPO).

Analogy with property rights for physical objects (although this is at odds with legal philosophies of copyright, patent and trademark laws)

Stallmann claims that these 3 entities have been collapsed into 1 term—Intellectual Property—and that this bias towards physicality suits those who wish to benefit companies who wish to benefit from exercising the powers.

**“Copyright law was designed to promote authorship and art, and covers the details of expression of a work.

Patent law was intended to promote the publication of useful ideas, at the price of giving the one who publishes an idea temporary monopoly over it-a price that might be worth paying in some fields.

Trademark law, by contrast, was not intendede to promote any particular way of acting, but simply to enable buyers to know what they are buying.**

Legislators under the influence of 'ntellectual property' however have turned it isnto a scheme that provides incentives for advertising.”

Each of these laws developed independently and are different in detail, purpose and method.

“People often say 'intellectual property' when they really mean some larger or smaller category”.

“The term.. leads to simplistic thinking.

It leads people to focus on the meager commonality in form that these disparate laws have—that they create artificial priviledges for certain parties—and to disregard the details which form their substance: the specific restrictions each law places on the public, and the consequences that result”

This according to Stallmann encourages an economistic approach, and makes invisible the specific issues raised in each law.

“Neither of these issues is solely economic in nature and their non-economic aspects are very different.
There are assumptions about values (unexamined assumptions)..

“such as thtat amount of production matters, while freedown and way of life does not, and factual assumptions which are mostly false, such as that copyrights on music supports musicians, or that patents on drugs support life-saving research”

Richard Stallmann (2004,2006), Did you say Intellectual Property? Its a seductive mirage,


Revolution or reform? Pirate & Kopimi perspecitves

WATCH: 'Steal This Film Part II'
(Historical print and copy culture: 0:00:00-0:15:50)

Debate on pirate movement and copyright reformism



I wouldn´t steal a film - Response to anti piracy ads

WATCH: Sharing is Caring - Pro Piracy Commercial


PiratByrån (Sweden)

“Piratbyrån (The Bureau of Piracy) is not an organization, at least not primarily. First and foremost, Piratbyrån is since its beginning in 2003 an ongoing conversation. We are reflection over questions regarding copying, information infrastructure and digital culture. Within the group, using our own different experiences and skills, as in our daily encounters with other people. These conversations often bring about different kinds of activities. (Here we have collected some of these activities from the year 2007”



Powr Broccoli Kopimi

The [Powr Broccoli Kopimi] manifesto can be seen as a guide on how to live life as a true Kopimist, summarized in a list of 100 principles or guidelines.
“In the shadow of the culture industry's final crisis of the 20th-century, grows a larger portrait of the POwr, broccoli and Kopimi.
Each step of the culture industry's failures is followed by the uncanny successes of the structurally diffused spread of an Internet elite, spread worldwide.

The book you're about to read has no author, no designer, no translators, no distribution channel. Nevertheless, you have it in front of you. How did it happen?

Read the frightening instructions of a loosely coherent core of IT specialists grafted into an unsuspecting generation of youths, and how the group stole the eggs, dollars and jpegs in front of the powerless establishment and strong financial interests. Learn how servers, seeders, trackers, e-mail, company formation, foreign investors, Ikko's weekly allowance, scandalous advertisements, links and search services, infiltrated and destroyed an entire world that had nowhere to run, no one to consult, and no one to trust…”

The Kopimi team came up with the idea [one] Sunday afternoon.
012. Don’t think outside the box. Build a box.
057. At a trial, deny everything.
069. Take care of small animals.
100. Stop using IRL. Use AFK instead.
The .torrent for the manifesto is available on The Pirate Bay.
Everyone is encouraged to ’share, translate, remix, bend, modify, copy, trash, bash, move, publish, burn, hide, remake’ – in true Kopimi style


PiratByrån: Embassy of Piracy (May 2009)

"Time is epic, the ecosystem of the Internet is tested and we are here to defend it. Old regimes are passing new laws and new regulations to uphold a failing system that nobody really wants.

An internet today is not some virtual entity, but a network that can materialize in everything from court systems, parliaments and phone networks to memes, music and art systems. Internet is a methodology, not a place.
The idea of an Embassy of Piracy came up when Piratbyrån and The Pirate Bay got invited to contribute to first Internet Pavilion that will be part of this years Venice Biennial. As an Embassy our task is to represent the freedom of Internet and pirates of Internet and to promote the Kopimi way of life.
The Embassy
The Embassy has multipliable and modifiable form in shape of a pyramid. By downloading and printing out the foldable paper model you can make the Embassy materialize anywhere; in public spaces, in the forest, at work, school or on your dinner table or for your pets.
Remember, when you form an Embassy, you are legally within internet territory. Together we will multiply a growing number of Embassies all over the world. Share your photos of The Embassy on the
We are all the Embassy, we are all Ambassadors of the freedom of Internet. This adventure is ours to swarm, modify and share.”

Embassy of Piracy: Call for Venice Biennale - Making Worlds

Inviting the 'Internet' (and the people who support The Pirate Bay) to take the role of being an ambassador for the symbolic Embassy of Piracy, they share the media, the files, the data not only of their product, and their raw materials, but to create a space for other peers to use, remix, upload and publish, call, communicate and develop.

On their wiki webpages, they give a list of things that they need: A place to stay in Venice, a place to host events. There are a list of things that you as a peer/ambassador can do: code, write/review/translate text, graphics work, communication, spread the word, make remix of theme-tune, “Cutmi Pastemi Kopimi” paper-pyramid embassy models. And ways to extend the network are suggested, to create a 'buzz' and more: Join Facebook group, Twitter, sms, IRC, adjust your online avatar image/status.

They are cleverly and efficiently employing and encouraging the use of all the social capital enhancing tools and social-networking platforms available, both open-source and for-service corporate. After the negative Pirate Bay court-case in Stockholm in April 2009, for this generation of young people and adults, distributed around the globe, they are making their collective argument and statement: keep the infrastructure of open BitTorrent and unrestricted media sharing alive.


PiratByrån: Kiosk of Piracy (September 2009)

“Dear users and abusers, dear Elders of the Internet,

the Kiosk of Piracy is proud to announce the launch of “The Pirate Kiosk”! From last night own, a copy of the infamous Pirate Bay is available to the public, but – here comes the catch – offline-only. Yes, offline, the Kiosk is not connected to the Internet in any way, but the interested public is invited to use the service in a wifi-radius around it.
With our newest project, we are joining the work of the dear people and groups which managed to duplicate the contents of The Pirate Bay on other places in the Net. We want to show in a very physical way that the Internet is neither a machine nor controllable in any way – it is just a system of agreements which work in any circumstances. We don’t need the Internet – the magic can happen anywhere.



Piraattipuolue (Finland, founded 2008)

“Piraattipuolue (Pirate Party of Finland) is a registered political party devoted to protecting privacy and freedom of speech as well as upgrading the copyright laws to meet the reality of the 21st century.

Copyright legislation must not restrict non-commercial use of creative works. Pharmaceutical and software patents should be abolished as harmful to society and the entire patent system should be reconsidered. Neither copyrights nor external threats ought to be used as an excuse to excessive curtailment of fundamental rights such as privacy. States and the European Union should act more transparently and more democratically.

Prevalent political trends are counterproductive. More strict copyright laws are introduced that are threat to privacy, try to make the current absurd copyright terms even longer and are breaching consumer protection by encouraging DRM. Patents create more jobs only to law firms. Those frightened of the free speech in the Internet demand service providers and admins to take responsibility of their customers' opinions. States collect more and more information of their citizens while often operating behind closed doors themselves.

Non-commercial filesharing and other normal use of cultural works cannot be restricted without tampering with people's privacy. Such development towards a surveillance society must be stopped in Finland and in Europe.
Our political agenda in a nutshell:
1.Complete decriminalization of all non-commercial use of creative works
2.Shortening the copyright protection to 5–10 years
3.Abolition of software and pharmaceutical patents
4.Protection of individual rights, especially privacy and the freedom of speech
5.Guaranteeing consumer protection in digital trade (as opposed to such schemes as the DRM)

Piraattiliitoo (Finland)


Case of Pirate Cinema

Pirate Cinema (Berlin DE)

'Pirate Cinema – yhdessä ja yksissä tuumin'
Valtamedia, 08.04.2008:

Pirate Cinema Helsinki
(Helsingin Sanomat, 17.08.2007)


Legal sharing


"Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials forpurposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist's work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.

Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute will have to be resolved by courts or arbitration. If it's not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages.

The only guidance is provided by a set of fair use factors outlined in the copyright law. These factors are weighed in each case to determine whether a use qualifies as a fair use. For example, one important factor is whether your use will deprive the copyright owner of income. Unfortunately, weighing the fair use factors is often quite subjective. For this reason, the fair use road map is often tricky to navigate."

From "Stanford Copyright and Fair-use Centre":

Note: Fair Use doesnt apply in Finland..

Copyright vs "Academic Fair Use", University of Tampere

More information from Wikipedia:

A Fair(l)y use Tale [May 18 2007; 10.13 mins]

From "Professor Eric Faden of Bucknell University"



We see from last session in Revolution OS documentary, the ideas of Stallman and Free Software Foundation..

"Copyleft is a general method for making a program or other work free, and requiring all modified and extended versions of the program to be free as well." - From "GNU Operating System":

"Copyleft licences are non-restrictive and provide creators with greater control over their work, research and projects and a more reasonable remuneration for their work while also giving end users greater access to, and enjoyment of, works released in this way." -

From "Fundacion Copyleft":


Creative Commons (CC)


"Creative Commons defines the spectrum of possibilities between full copyright 'all rights reserved' and the public domain 'no rights reserved. Our licenses help you keep your copyright while inviting certain uses of your work, using a *'some rights reserved' copyright*."

"Creative Commons provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry'" - From "Creative Commons":

'Larry Lessig: How creativity is being strangled by the law'
[March 2007; 19.07 mins]


Deven Desai's Concept of Individual Branding

“Much of the current intellectual property system can be explained as meeting the needs of a culture industry based on individual authors who look to corporate entities to mass produce and distribute cultural products.

Today, however, as digital technology decreases the cost of both the production and distribution of cultural products, individuals have taken on previously corporate roles.

Authors now seek copyright and trademark protection for their work in ways that expand authorial control at the expense of the intellectual property system as a whole.

In this essay [he] argues that these new modes of generating value may require protection but that the current intellectual property system is not equipped to provide such protection without upsetting the balance between creators and users.”
Deven R. Desai - Individual Branding: How the Rise of Individual Creation and Distribution of Cultural Products Confuses the Intellectual Property System,

His example of Monty Python & the Finland Clip..


RIP: A Remix Manifesto

In RiP: A remix manifesto, Web activist and filmmaker Brett Gaylor explores issues of copyright in the information age, mashing up the media landscape of the 20th century and shattering the wall between users and producers.
The film’s central protagonist is Girl Talk, a mash-up musician topping the charts with his sample-based songs. But is Girl Talk a paragon of people power or the Pied Piper of piracy? Creative Commons founder, Lawrence Lessig, Brazil’s Minister of Culture Gilberto Gil and pop culture critic Cory Doctorow are also along for the ride.
A participatory media experiment, from day one, Brett shares his raw footage at, for anyone to remix. This movie-as-mash-up method allows these remixes to become an integral part of the film. With RiP: A remix manifesto, Gaylor and Girl Talk sound an urgent alarm and draw the lines of battle.
Which side of the ideas war are you on?

Video available via YouTube
Part 1,
Part 2,
Part 3,
Part 4,
Part 5,
Part 6,
Part 7,
Part 8,

Further Resources

Zeropaid (blog)

TorrentFreak (blog)


Example of Podcasting

'The Politics of Podcasting' (2008)
by Jonathan Sterne, Jeremy Morris, Michael Brendan Baker and Ariana Moscote Freire

More from FibreCulture Journal Issue 13: After Convergence


Other Viewing

A documentary by Andreas Johnsen, Ralf Christensen, Henrik Moltke about the current state of copyright and culture (2007).


'C30 C60 C90 Go - Bow Wow Wow'

Freedom of Expression: Resistance and Repression in the Age of Intellectual Property
From Kembrew McCleod (, 2007.

"Freedom of Expression (6 Min Preview) [Oct 04 2007; 06.55 mins]
From "Challenging Media":

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