Don't free Mickey

I doubt that this is exactly what Ross Douthat had in mind, but I have been thinking for a while about one version of extending the duration of a limited-scope copyright. I’d support a proposal that gave Disney unlimited duration ownership of Mickey Mouse and similar characters, both for economic and political reasons. The political reason is straightforward: if Disney got its own side deal, they would have no reason to keep up the push for indefinite extensions of copyright for books and other things I actually care about.

The economic reason is that Mickey Mouse is not a character in a black and white cartoon produced in the 1920s (and cribbed off someone else, IIRC), and his copyright protection does not (except incidentally) act to restrict people who want to reproduce or adapt Steamboat Willie today.

Mickey is, in the terminology of the industry, a franchise. Disney puts millions into producing and promoting Mickey every year, and reaps even more millions as a result. I think it’s plausible to claim that each individual franchise of this kind is a natural monopoly, and that we would be less well served with multiple Mickey suppliers, as opposed to competing franchises like Bugs Bunny (there’s an analogy here with the debate over sporting teams and leagues which I’m too lazy/busy to work out in full). So, I’d be happy to allow Disney, Warner Bros, DC, Marvel and so on to have permanent rights over their characters, as long as they kept on using them.

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Suicidally strong IP ?

The strong showing in the EU elections by Sweden’s Pirate Party

is the outcome of yet another Pyhrric victory for the strong IP movement, which succeeded, a couple of months ago in securing prison sentences for the Swedish operators of filesharing site Pirate Bay. This galvanised about 7 per cent of Swedish voters into supporting the Pirate Party, which reflects the typical feelings of Internet users: hostile to intrusive and aggressive IP, concerned about privacy for individuals and households, in favour of transparency for corporations and governments. These feelings are, of course, diametrically opposed to those of the elite groups that have historically driven policy on these issues. In the light of this public reaction, and the absence of any corresponding electoral support for the IP lobby, governments everywhere will think twice before endorsing criminal prosecution of IP violators.

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Summer research fellowship in NY, and other IP news

If you’re interested in the relationship between ideas, interests and institutions, the development of intellectual property law provides a fascinating (somewhat self-referential) case study. The intellectual debate has been running hard against strong IP [1] for a long time, and changes in technology have not only made copying and reproducing all kinds of material much cheaper and easier, but have revealed, on a scale much larger than before, the benefits that can be realised from free access to ideas.

Meanwhile the extension of IP rights, and the expansion of powers to protect them has rolled on as if none of this was happening, at national (DMCA), bilateral (as a standard condition of US-driven free trade agreements) and global (TRIPS) level.

However, there are some positive countervailing developments, one of which has a summer fellowship attached (over the fold).

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Putting the creativity back in creative capitalism

Although the conversation here takes place under the banner of ‘creative capitalism’ there has been relatively little discussion of creativity in the ordinary sense of the term. Yet the relationship between creativity and capitalism has rarely been more complex and interesting than it is today.

The central technical innovation of the past twenty years or so has been the rise of the Internet, and particularly the various incarnations of the World Wide Web. Without the Internet and the Web it is unlikely that we would have seen any significant recovery from the productivity growth slowdown of the 1970s and 1980s.

Yet neither the Internet nor the Web was a product of the market economy, and even now the relationship between market incentives and the social contribution made by Internet-related activities is tenuous at best.

Both the Internet and the Web developed as non-commercial activities, outstripping or absorbing a variety of commercial competitors (Genie, Delphi, AOL and so on) before being opened up to commercial use in the mid-1990s. And even since large-scale commercial involvement began, most of the exciting innovation continues to come from noncommercial users (blogs and wikis, for example) or from non-commercial content producers (YouTube, Flickr and so on). By contrast, heavily funded commercial innovations such as push technology and portals have failed or declined into insignificance.

The dominant driver of the Internet economy is not profit-seeking innovation but individual and collective creativity. Creativity is, and always has been, driven by a wide range of motives, some altruistic and others, like the desire to display superior skill, rather less so. Trying to tie all of these motives to direct monetary rewards is futile and, if pushed too far, counterproductive (More on this from me and Dan Hunter here, with discussion here and here).

Of course, corporations still have a large role to play in the economy of the Internet. A company like Google, for example, provides services that cannot easily be replicated by users acting either individually or collectively. But Google depends crucially and directly on the content created by users and more generally on the goodwill of the Internet community.

If these assets were lost, Google would be vulnerable to displacement; Microsoft’s loss of its seemingly unassailable dominance of both personal computing and the Internet software market is an illustration. Google’s slogan ‘don’t be evil’ and its sensitivity to criticism, for example over its compliance with Chinese censorship laws, illustrates the point. Equally, so do the many products Google creates and gives away, with no obvious path to future profit.

So, more than in the past, it makes sense for corporations to cultivate diffuse goodwill, rather than focusing solely on profit, perhaps modified by the need to buy off powerful interests. In the context of an economy where creative collaboration is central, this can’t be done through a neat separation of targets and instruments, with a charitable PR-oriented effort bolted on to a profit-maximising corporation.

Extending all of this to the challenge of helping poor countries develop creates further challenges. Companies will need to do more than bring corporate expertise to bear on the problem. They will also need to mobilise contributions of skills and resources from outside the company. If such contributors are not to feel exploited and abused, the project can’t be directly tied to the goal of profit maximisation. All this may yet be a bridge too far.

Richard Posner recognises much of this but argues that corporate managers should instead adopt a hypocritical pose of general concern until they have secured a userbase large enough to be locked in, then exploit it to maximise profits. There are a several problems here. First, sincerity is not as easy to fake as all that, particularly in an organisation where you can’t let everyone in on the joke. Second, setting up a monopoly by stealth, then extracting the maximum rent is a trick that can be pulled off at most once. Finally, if the managers of a company are chosen to be capable of successfully conning the public in the interests of shareholders, why would anyone expect them to forgo the chance to enrich themselves at shareholders’ expense.

Mickey and Winnie

My piece in Thursday’s Fin was on the malign influence of the Disney Corporation on copyright. My conclusion

there is room for a reasonable compromise … [but] the latest extensions of copyright have produced a system so lopsided that we would be better off scrapping the entire monopoly system and relying on the ingenuity of the free market to reward authors.

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Plug

Nicholas Gruen will be talking on social production and open source in Melbourne on Wednesday. It’s for the Fabian society (impressed that Race Mathews has kept this going).

Details:

“New Models of Social Production: Open Source and its economic and social significance.�

Meeting details are 6 for 6:30pm to 8pm, Wednesday, 13 September, in Meeting Room 1, Trades Hall (Victoria Street Entrance), Cnr Lygon and Victoria Streets, Carlton. Australian Fabian Society members $6, non-members $8, concession $3.

It sounds fascinating. I’ll chase the paper and report on it if I get time.

Theme competition

I finally got around to checking out the podcasting feature in iTunes today (I know I’m way behind the times, but I’m a texty kind of guy). It’s pretty kewl.

By coincidence, I also got an email today from Nicholas Gruen about a Theme Competition for The National Interest. The idea is to get an open-source theme that will allow podcasting of the show, by avoiding copyright problems with the existing theme.

Self-plagiarism

In the Media and Culture journal M/C, Lelia Green has an interesting piece on self-plagiarism, linking referring to a site called Splat which asserts

Self-plagiarism occurs when an author reuses portions of their previous writings in subsequent research papers. Occasionally, the derived paper is simply a re-titled and reformatted version of the original one, but more frequently it is assembled from bits and pieces of previous work.
It is our belief that self-plagiarism is detrimental to scientific progress and bad for our academic community. Flooding conferences and journals with near-identical papers makes searching for information relevant to a particular topic harder than it has to be. It also rewards those authors who are able to break down their results into overlapping least-publishable-units over those who publish each result only once. Finally, whenever a self-plagiarized paper is allowed to be published, another, more deserving paper, is not.

Splat also refers to

textual self-plagiarism by cryptomnesia (reusing ones own previously published text while unaware of its existence)

(I know all about this) Green takes a more nuanced view and has some interesting discussion.
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Academic exercises

Sinclair Davidson had a piece in the Fin the other day, attacking the Australian Research Council, which pays my salary (Davidson also gets ARC Grant Money, as he notes). The argument turns, not on specific deficiencies of the ARC but on the general claim that pure research undertaken with government funding has little economic benefit. In the good old days, when confronted with this sort of claim, we research types would wheel out a few trusty examples like cactoblastis and ENIAC, but they’re getting a bit old and tired nowadays.

I remember talking about this a decade or so ago, and somebody said the universities were developing this great new communications system that would revolutionise the economy. What was it called? Interweb? WorldWideNet? Mosaica? Can anyone remember what happened to it? If someone could find any evidence that this idea had an economic impact, it might help to counter Sinclair’s argument.
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