Posts about copyright

Geeks Bearing Gifts: The Link Economy and Creditright

Here (after a delay … sorry) is another free chapter from Geeks Bearing Gifts. This one explores the idea that we need a marketplace that values not just content but also the creation of an audience for it, and how that might occur. This is a critical topic as we look at distributing news off media’s own sites and through Facebook and other platforms and streams. You can read the entire chapter here; a snippet:

There have long been two creations of value in media: the creation of content, yes, but also the creation of a public — an audience — for it. In legacy news media, the two were usually attached: the creator and the distributor were one in a vertically integrated enterprise (read: a publication). We often debated whether content or distribution was king. The answer didn’t much matter because they were inseparable; they shared the throne. Now these two tasks are — like so much else online — unbundled. Anyone can make content. Anyone can distribute content: its creator (inside or outside an institution), a reader who recommends it, an aggregator or curator who collects it, a search engine that points to it.

Media people tend to believe that content has intrinsic value — that is why they say people should pay for it and why some object when Google quotes snippets from it. But in an ecosystem of links online, new economics are in force. Online, content with no links has no value because it has no audience. Content gains value as it gains links. That formula was the key insight behind Google: that links to content are a signal of its value; thus, the more links to a page from sites that themselves have more links, the more useful, relevant, or valuable that content is likely to be.

The problem for us in the media industry is that we have no marketplace to value the gathering of links and audiences. Our systems are still built primarily around extracting the value of content: paying creators to make it; buying or subscribing to publications that contain it; or syndicating it from one publication to the next. These models are being made obsolete. Huffington Post and Twitter can get thousands of writers — including me — to make content for free because it brings us audience and attention. Selling content is difficult when you compete against others who offer content for free. And syndication is all but outmoded, for why should I buy a piece of content if instead I can link to it for nothing?

Consider an alternative to syndication. I’ll call it reverse syndication. Instead of selling my content to you, what say I give it to you for free? Better yet, I pay you to publish it on your site. The condition: I get to put my ad on the content. I will pay you a share of what I earn from that ad based on how much audience you bring me. That model values the creation of the audience. When The New York Times complains about Huffington Post summarizing its articles, perhaps The Times would be better off offering Huffington Post this deal: Take our stories but keep them intact with Times branding, advertising, and links. We’ll give you a share of what we earn for each story based on the size — and perhaps quality, as measured in attention and demographics — of the audience you bring to it.

For that matter, why should media always force our readers to come to us? Why shouldn’t our content go to them? Before Gutenberg’s press, scholars had to travel to books; after Gutenberg, the books traveled to the scholars. We’ve long had home delivery for newspapers, magazines, and TV, so why not extend that service to content on the web? For years, I had wished for a means to make articles and blog posts embeddable on other sites, just like YouTube videos. If content could travel with its business model attached, we could set it free to travel across the web, gathering recommendations and audience and value as it goes, and thus ending at least part of the fight over the question of whether aggregation is theft.

Read the rest here.

If you can’t wait for the rest of the book, then you can buy it here.

Oh, those Germans

warover

German publishers warring with Google — and the link and the internet — have now completed their humiliation at their own hands, capitulating to Google and allowing it to continue quoting and linking to them. How big of them.

The pathetic sequence of their fight:

1. German publishers under the banner of a so-called trade group called VG Media and led by conservative publisher Axel Springer called in who knows what political chits to get legislators to create a new, ancillary copyright law — the Leistungsschutzrecht — to forbid Google et al from quoting even snippets to link to them.

2. In negotiations in the legislature, snippets were then allowed.

3. The publishers went after Google anyway, contending that Google should pay them 11 percent of revenue over the use of snippets.

4. Google, being sued over the use of the snippets, said it would take down the snippets from those publishers this week.

5. The publishers said that for Google to take down the snippets they were using to blackmail Google amounted to Google blackmailing the publishers. And you thought Germans were logical.

6. The publishers went to the government cartel office to complain that Google was using its market power against them.

7. Officials laughed the publishers out of the cartel office.

8. Now the publishers have said that Google can use its snippets for free while this legal matter is being ironed out.

Of course, the publishers never wanted the snippets taken down because they depend on those snippets and links for the audience Google sends to them … for free. It is all their cynical game to try to disadvantage their new and smarter competitor. Those who can, compete. Those who can’t, use their political clout.

Enough. Genug.

I have written a much longer essay about the damage these German publishers are doing to Germany’s standing that I am trying to place in a print publication — so I can speak to the print people. I’ll link to it when that happens. Here’s the lede:

I worry about Germany and technology. I fear that protectionism from institutions that have been threatened by the internet — mainly media giants and government — and the perception of a rising tide of technopanic in the culture will lead to bad law, unnecessary regulation, dangerous precedents, and a hostile environment that will make technologists, investors, and partners wary of investing and working in Germany.

LATER: Ah, there’s another chapter already.

9. Like Japanese soldiers stuck on an island thinking the war continues, Axel Springer has declared that Google must take down snippets from four of its brands: Die Welt, and the auto, sport, and computer subbrands of Bild. Note well that they didn’t do that with superbrand Bild, their largest newspaper and the largest in Germany. They need the eggs. So as it loses its argument that Google is a cartel, the German publishers’ cartel crumbles.

Learning the true value of content from Aaron Swartz

I must confess that at first I did not understand what the pioneers of rethinking content’s value—Lawrence Lessig, Joi Ito, Cory Doctorow, Aaron Swartz—had to teach me. When Lessig took to the courts—playing the net’s Quixote to battle Hollywood’s imperialistic expansion of copyright—I wondered whether his side was overreaching by implying that all creation is born of what came before.

I was in the content business. I believed in the value of content and authorship and ownership. So I posted a mock copyright notice under the content on my young blog:

It’s mine, I tell you, mine! All mine! You can’t have it because it’s mine! You can read it (please); you can quote it (thanks); but I still own it because it’s mine! I own it and you don’t. Nya-nya-nya. So there. COPYRIGHT 2001… by Jeff Jarvis.

But I soon learned. I placed a Creative Commons license on my blog. I came inevitably to see the wisdom in Lessig’s mission and the value in the tools he and Swartz and their allies created.

But I still thought I was in the content business. Well, I don’t anymore.

That lesson came in good measure from Aaron Swartz’s actions, particularly his freeing the whale from JSTOR’s tank. Even Lessig in his eloquent and powerful lament over the grave of his friend, can’t endorse what Swartz did when he downloaded countless academic articles. Alex Stamos, the expert witness who would have testified at Swartz’ trial, still calls it “inconsiderate.”

I took Swartz’ action not as a protest but instead as an object lesson in the true value of content. We from the content business think our value is encased in our content. That is why we sell it, build walls around it, protect it (and, yes, I will still happily sell you mine). Inside the Gutenberg Parenthesis, that is the only model we have known.

But the net has taught me that content gains value as it travels from person to person, just as it used to, before Gutenberg, when it wasn’t content but was just information.

Google and Facebook have taught me that content’s worth may not be intrinsic but instead may lie in its ability to generate signals about people, build relationships with them, and deliver relevance and value to them. In that, I think, is a new business model for news, one focused on value delivered over value protected, on service over content. For content is merely that which fills something—a page or a minute—while service is that which accomplishes something for someone.

Lessig and company have taught me that content’s value can lie in what it spawns and inspires. Locked away, unseen, unused, not discussed, not linked, it might as well not exist.

David Weinberger has taught me that knowledge confined in a book at a single address on a shelf is limited.

And Aaron Swartz has taught me that content must not be the end game for knowledge. Why does knowledge become an article in a journal—or that which fills a book or a publication—except for people to use it? And only when they use it does content become the tool it should be. Not using knowledge is an offense to it. If it cannot fly free beyond the confines of content, knowledge cannot reach its full value through collaboration, correction, inspiration, and use.

I’m not saying that content wants to be free. I am asking whether knowledge wants to be content.

Defend our net (from Germany, this time)

At long last, Google is standing up to fight the ridiculous ancillary copyright (Leistungschutzrecht) bill heading to law in Germany, a law that would require Google and others — you? — to pay publishers to quote them, to link to them (to benefit them).

On a site called “Defend Your Net,” this video shows a wealth of searches and answers and at the end says (my translation):
“For more than 10 years, anytime you want, you can find what moves you. A planned law will now change that. Do you want that? Take action. Defend your net. Continue to find what you seek.”

Sign the petition to defend our net here.

More information about the bill (in German) says it will hurt the German economy, threaten diversity of information, cause legal uncertainty (for bloggers, too), and cause a setback for innovative media. The paradox, Google says, is that publishers can pull their content off Google search — and lose the many clicks it sends their way — whenever they want.

This is a horrid collusion of two institutions — media and government — threatened by the disruption of technology.
I’ve been shouting about this travesty. I’m glad Google is finally — if tardily — making its voice heard.

Copyright v creditright

I wrote a post on Ev Williams’ and Biz Stone’s new Medium platform about rethinking copyright from a legal right not to be copied to a moral right to be credited: creditright. Please go read it there first. Then please join in the excellent discussion about the topic at Google+. Now I’ll add more points here…

* Content is not king. The assumption that content contains all our value in media leads us to sell it and prevent others from copying it, true — but it also leads to missing opportunities, such as realizing the value in relationships.

* If relationships have value, then creators want to assure connections to people through links and data: “Who read or commented on or shared my idea and what can we do together?”

* Those relationships can be exploited in a few ways: Events (see Togather for authors), direct sales (see — and buy — my Kindle Single, please), contributions (contribute to my entrepreneurial graduate on Kickstarter)…. None of that means riches are assured. In the copyright regime, they certainly weren’t either.

* This notion does not kill advertising support for creation. But it says that revenue should travel with content as it is shared. I’ve been arguing for sometime for the embeddable article, which would go to readers rather than making readers come to it. It would need to carry brand (i.e., credit), revenue (likely advertising), analytics (see data point above), and links. I was getting ready to build a demonstration when Debbie Galant found Repost.US, a cool company whose service does exactly this, carrying an article’s logo and its own ads and analytics with links back to the original (and a Repost.US advert added to pay the bills). I spoke with their CEO and he said that when an article is shared it receives by large measure a new, incremental audience. I have some networks and companies very excited about being able to share their content — that is, find new relationships — this way. I wish that media and entertainment companies would learn to go with the flow of links and make their content embeddable and spreadable now that some have shown how they can still get the benefit of brand, monetization, data, and links.

* When credit is given for ideas, then whole articles (or books) don’t need to be copied or embedded. Just the ideas are. The day after I talked with Repost.US, I went to see my friends at 33Across (where — disclosure — I am a mini/micro/nano investor), which just bought Tynt a company that appends a link to the source when you cut-and-paste content from a web page onto a blog or into an email. This is a way to make credit travel with ideas. When you enable and encourage that to happen, you learn a lot more about your content: what ideas are spread, by whom, where and how. That has value. As I’ve been saying, Facebook and Google know how to exploit those signals. Media — content creators — don’t.

* When copyright changes, the idea of plagiarism changes. As I said in the Medium post, the old sin was not rewriting enough; the new sin is not attributing *and* linking. All newspaper and magazine articles should carry footnotes to their sources. I learned that ethic of linking in blogs and the practice of footnoting in writing Public Parts. There’s every reason that other media should take it up. Readers deserve it. Sources and creators deserve it. The record deserves it.

* When creditright takes over, then fair comment becomes a different beast. No longer do we fight over how much — how long an excerpt – is necessary and fair for comment. Now, the more comment the better. Just credit.

* Under creditright, piracy is also redefined. The crime is not copying and sharing someone’s work, the crime is violating the means that creators provide — a la Creative Commons or Repost.US — for its use. This also infers that creators who do not provide those means — who do not make their content spreadable and embeddable — are just plain fools. That is in essence what is happening with much supposed theft and piracy today: How often do you hear people say they would buy the show or movie or record if they could, but when they can’t, they head to a torrent site? This is not to say that a creator *must* provide the means to make content spreadable. But it does say that once we have the means to take economic advantage of spreadable content, spreading it becomes acceptable, even the norm. Wouldn’t that be smart?

Finally, we need to recall the genesis of patent and copyright regimes: to encourage creation and the open sharing of knowledge. Each is becoming outmoded in its way. Patents are used to lock up even common practices — even the information that is our own genome — so they cannot be used. Copyright is used to prevent sharing and the creation that comes from inspiration of what came before. Creditright address at least the shortcomings of copyright by returning to the original purpose of encouraging creation, helping to support it given current technology and reality, and enabling creation upon creation.

: LATER: Related: How plagiarism helped fuel the American Revolution. Commonplace books as a predecessor to Pinterest.