Thursday, December 6, 2012

Mr. Hart: Copyright Creates Scarcity... and Scarcity Is [Often] Bad

Recently Terrence "Terry" Hart of Copyhype posted a flawed argument in regards to copyright and the nature of scarcity over at his blog. The scarcity model copyright encourages is one of its fatal flaws in the age of computer networks. Thus I feel the need to respond to his argument alleging that this is not so.

In his typical fashion, his argument is well written and well researched, complete with footnotes. I must commend him for having so much time to write such scholarly blogposts.

His argument revolves around disproving a trivial misconception (that copyright isn't about the copy, but the act of copying). In his odds and ends section, he proves that copying isn't infinite. While he provides an interesting and useful idea, this doesn't imply that something is equally scarce to something else because quantitatively they are both countable values. If I there exists 1 widget of type X, and there exists 1,000,000 widgets of type Y. It is safe to say because X < Y, X is more scarce than Y.

He explains that copyright is does not cause scarcity largely based on the premise that copying itself is scarce. I wondered, how does this make sense? For most of his post, he discusses X ("the rights associated with copyright") and Y ("property rights on the work itself"). Terry spends a lot of time focusing on proving X != Y and Scarcity(X) != ∞, to come up with the conclusion Scarcity(X) = 0. To elaborate:

  • If X != Y, it doesn't automatically follow that Y is a property of scarcity, ie. Scarcity(X, Y). He makes no any effort to prove the existence of a casual relationship, just inequality, X != Y. That is, his conclusion Scarcity(X) = 0 seems sort of tangential to his point.
  • If Scarcity(X) != ∞, it doesn't imply Scarcity(X) = 0, because Scarcity can be N where N != ∞.
He puts together a bunch of well written, supported arguments on the nature of copyright as property, and that there is indeed a finite limit to copying. I agree with both ideas. But he proceeds to use these ideas to reach an invalid conclusion.

Copyright produces scarcity because it enforces limits. In fact, that is literally what copyright is, a limitation on the public sans-copyright-holder to engage in various activities, included but not limited to copying. Any such argument about how copyright encourages creative activity, even if they are perfectly valid and reasonable, simply build on this fact.

In fact, copyright is a specific kind of artificial scarcity. (M: some pro-copyright'ers take offense to this idea, because the "artificial scarcity" seems to have some kind of negative connotation. But I would argue that it's copyright that gives artificial scarcity a negative connotation, not the other way around.) Natural scarcity is scarcity that exists given our understanding of nature and the limitations it imposes on us. The fact that there only exists a certain acreage of land on this planet implies that land is scarce (and ideally habitable land even more more scarce). Scarce, but naturally so. That doesn't make natural scarcity good or intuitively acceptable though.

Artificial scarcity is scarcity that only exists in the laws of man. Copyright is artificial scarcity because it exists only in the laws of man. Without copyright law, the limitations enumerated in copyright law wouldn't exist naturally. This isn't even making an argument, it's stating the obvious.

As Terry points out, the upper bound of copying is a natural finite scarcity, that is, Scarcity(X) != ∞. If you have a printing press, eventually you'd run out of trees to make paper from. Even Internet bandwidth is limited. So there is a natural scarcity in making copies... this is true.

But, technology exists to push the boundaries of scarcity. When we develop new farming techniques for instance, food becomes less scarce. More people can eat. This is good, especially for people who otherwise couldn't eat.

But the key thing for copyright is that technology has also made the the act of copying and distribution substantially easier and cheaper. No longer do you need an expensive printing press or media press to make large numbers of copies. Any old computer will do. Technology has pushed the natural scarcity inherent in copying to the stratosphere. While copyright has always been an artificial scarcity, it was never noticeable until the natural scarcity surrounding it was lifted as it was during the rise of computer networks.

It's like if you had a law preventing people from visiting Mars without the NASA's concurrence. This wouldn't be very controversial today. Who can go to Mars anyway, besides NASA (with a ton of funding)? But it would be controversial in a world where going to Mars was as easy and safe as going to the supermarket. Suddenly such a law would be an intolerable restriction on humanity's freedom of movement. Technology changes perspectives on the law.

Likewise, in the world of the printing press: who cares if they can not make copies of works? Who even owns a printing press? Only specialized companies.

This is no longer the case. We now live in a world where the technology exists to provide the sum of published human knowledge and culture to all the world's people. In such a world as it stands, copyright and specifically the scarcity it brings is an intolerable restriction. It's unfortunate Terry can't see this.

Friday, November 30, 2012

Copyright Is Self Defeating

I often find that copyright proponents are often several years behind when they talk about copying technology. They see the icebergs floating on the pirate waters, but fail to see all the piracy underneath.

All this talk always seems to ignore all the BitTorrent advancements over the last few years, especially the move to distributed hash table-based coordination systems, which are fully P2P. P2P by definition is not centralized, that is, P2P file sharing can’t be shut down by going to some central authority. You'd have to shut down all the peers (in the case of BitTorrent DHT, the millions of people around the world using it). Of course, mass monitoring of people’s communications would be a prerequisite to this copyright enforcement activity.

Some sites like The Pirate Bay assist in finding content, but they aren’t strictly necessary. The new BT sites are designed to be trivially mirrored. Even if you find where in the world TPB’s servers are (and they change perhaps multiple times per day, and are located in many dozens of places redundantly), TPB has designed itself such that anyone can trivially pick up and run a mirror without much money involved, because there is very little to host. In fact, the entire TPB can fit in a single cheap $10 USB stick. In practice, there are thousands of such mirrors currently active on the Internet in any given moment. In the end of the day, they know that powerful interests want them gone, and have already taken many actions all over the world to try to shut them down. So they’ve in turn taken many countermeasures to make that difficult.

All this technology means that it’s not impossible to to fight piracy. It does however, make it harder. Improving copying technology forces the enforcers methods to become increasingly intrusive and draconian. Which is exactly what has (and will) continue to make copyright itself controversial. This was pretty much my original point – copyright itself hasn’t changed much, but as technology makes copying even more easier, convenient and private, it forces copyright holders to do even more disagreeable things to counter. They don’t want to do it, but they have to if copyright will have any sort of enforcement anymore. Because of this it’s the copyright enforcers themselves that are chipping away at the concept of copyright.

The biggest allies of anti-copyright advocates are the copyright enforcers themselves. The actions they do to enforce their copyright are often useful triggers to change the public’s perceptions on copyright. This is what helps the bigger fish in the fight write articles that generate the outrage that causes anti-copyright protests. I like the latest one where some copyright group sued a 9-year old girl and stole her Winne the Pooh laptop. Even the artist who’s copyright there were apparently protecting condemned their actions as draconian and cruel. Copyright is in a way, self defeating.

I’ll just add that while this is one of many independent ways modern copyright is self-defeating, it’s not the certainly not greatest flaw. The ultimate copyright killer is that it represents a defect on potential inherit in what it is protecting. I could write a dissertation on that topic in particular that would fill many pages. But I’ll spare this because Lessigs and Stallmans of the world have written better treatises on that sort of thing.

Wednesday, November 21, 2012

It's Not About Copyright; It's About Copyright Enforcement

The arguments from pro-copyright people often revolve around copyright as a concept:
  • An author should be able to make money from their work!
  • Copyright enables a market for works, and this encourages the creation of new works! (M: This is actually basically the argument for copyright that is recorded in the Constitution.)
  • Copyright is property, and a property rights are essential to a modern society!
These are typical arguments I've seen and I think most if not all pro-copyright people agree with.  The strange thing, as someone that is skeptical of copyright, I agree with them too. They are sound arguments. Someone who makes something that is useful in some way, why shouldn't they be rewarded for their work? And doesn't rewards encourage the creation of useful works? These statements are quite sensible.

So what is the problem with copyright? The problem with copyright is when you scratch beyond the surface. The surface beyond these cheerful agreeable slogans is called copyright enforcement. Lets add copyright enforcement to the mix.
  • An author should be able to make money from their work. To enforce this, I should be able to spy on everyone's private communications!
  • Copyright enables a market for works, and this encourages the creation of new works! To enforce this, we should scour the web and search for things that potentially violate copyright and shut them down without even a court order!
  • Copyright is property, and a property rights are essential to a modern society! Therefore, we should sue single mothers and students for millions of dollars when we catch them violating copyright!
Whoa. These statements look a lot similar to the ones above, all I did was add copyright enforcement to the mix. Now these statements I don't agree with, and in fact, just reading them makes me nauseated with disgust.

Some pro-copyright'ers might be like "still looks good to me". Especially the few that supported SOPA/PIPA, Hadopi and thought record companies suing random Americans into life servitude is a noble cause. But once you add copyright enforcement to the mix, naturally the support for copyright starts to fall apart.

But that is real copyright enforcement. It's incredibly ugly, and even the most ardent pro-copyright'ers don't like to talk about it very much. You won't see any of this on a pro-copyright blog:
  • If you can't audit people's private communications, you can't know if what they are doing is copyright infringing. Therefore, you can not have a healthy copyright system. France has decided that mass invasion of privacy is an essential element of copyright enforcement - and the USA is following their lead even though this violates the Forth Amendment - by taking this system private via a conspiracy of ISPs and content companies called the "Center for Copyright Information".
  • Due process, proving infringement is difficult and expensive. Therefore content creators have helped pass an oppressive law called the Digital Millennium Copyright Act (DMCA) that allows them to remove content from the web without having to prove that actual infringement occurred. There are many example DMCA gung-ho philosophy to injunctions being used to outright censor speech, even political speech, including the Democratic National Convention's live feed. Other attempted bills such as SOPA/PIPA could have extend this idea to entire websites but were narrowly defeated.
  • Copyright damages that were designed for massive scale. Fines of up to $150,000 per instance of infringement are applied on the average citizen by copyright holders. Copyright holders don't even have to prove that damages occurred under the current law to get these kinds of judgements!

Without copyright enforcement, copyright law is worth less than the paper it is printed on. And the pro-copyright'ers are always hungry for new enforcement, because the crazy amount of leverage in the law that they have today (high statuary damages, injunctions without proof, suspension of privacy rights) is not sufficient against the tide of the information age.

Problem is you can't have real enforcement without violatating basic principles of liberty and privacy that we are accustomed to (feel free to correct me, but I haven't seen it).

So with enforcement, copyright shows it's ugly side. And since copyright and enforcement can not be separated, copyright itself is ugly. Don't support copyright.

Saturday, April 7, 2012

Pirate Party Founder Rick Falkvinge on Political Activism

Pirate leader Rick Falkvinge gives a TED talk on how a person can start and nurture a growing political movement. He also mentions many of the inconvenient truths about copyright enforcement on the Internet. Excellent talk.

Thursday, April 5, 2012

Mimi and Eunice

This is a very funny comic series by Nina Paley of Sita Sings the Blues fame.

Obviously, I especially like the cartoons that poke fun on the idea of "intellectual property" (or more correctly "intellectual poopery").

Tuesday, April 3, 2012

Long Copyright Terms Kill Culture to Benefit Glorious Creative Industry

Some people focus on the fact that long copyright terms help artists make more money from their work. But I don't see that as the real effect of long copyright terms. See this article on The Atlantic that shows the effect of long copyright terms. It's really profound what a small graph can tell you.

The effect of long copyright terms is a kind of artificial scarcity, I should call it artificial extinction. When an author or publisher is no longer interested in a book, yet it is still under copyright, it becomes very increasingly hard to find. This makes older works entirely unavailable for many. This is really bad for our culture, but it's good for the culture industry. Because the culture industry doesn't want to compete with the public domain. A healthy collection of public domain works which are de jure free will hurt the creation of new works because people can just tap into the public domain for content.

When you see pro-copyright people complaining about Creative Commons, they are actually channeling this idea. Creative Commons is an artifact of copyright itself, how could someone who is pro-copyright be against it?

The problem is Creative Commons is competition. You'll see some copyright crusaders promoting Britannica these days. Really? Why? I read and contribute to the free encyclopedia Wikipedia. I'm sure you've heard of it. I like most others have no need for Britannica, which contains a tiny fraction of the content available on Wikipedia. So really, why have they suddenly become Britannica fans? It's quite obvious because Britannica's business model is based on the typical artificial scarcity concept and it costs money (pre-Wikipedia it used to cost a lot of money). Attributes they like in their cultural works. Wikipedia has neither, it's actually a free culture project. Likewise, I don't see why I need to buy music from iTunes at 99 cents a track when I can download thousands of tracks from Jamendo for free. When you tell pro-copyright people this sort of thing, they get extremely uncomfortable. Because they have no easy way to react. Suddenly their usual rhetoric feels cheap.

Public domain is a threat for the same reason. And how do you kill public domain? Extend copyright durations of course. The public domain is essentially frozen in time, just the way they like it. But is that really good for society? Hell no.

And this sort of thing encourages piracy. Now if someone wants this content, they can't even pay for it. Suddenly file sharing looks less like "evil pirate activity" and more like the most effective systems for ensuring the preservation of human knowledge and culture.

Monday, April 2, 2012

You Can't Ignore Engineering and Mathematical Facts When Discussing Copyright

Unfortunately a lot of the pro-copyright crowd is totally tone deaf to the concerns of engineers. Some of them, especially the lawyer types, think there is some magical Internet fairy that can sniff websites for copyright infringement. If only Google knew about this, they could stop piracy overnight!

Devlin Hartline points out some sites Google blocked. Over 11 million domains blocked by Google! That's a HUGE number. Huge numbers conclusively prove that the Google censors can stop piracy, if they wanted to. Somehow.

It is only people who know nothing about Computer Science who would make such absurd claims. Those 11 million sites could be matched by a single trivial regular expression. Go ahead, write Google the regular expression needed to block piracy. I'm sure they'd put it into production right away.

In our debates about copyright, let us not ignore protocols which implement a peer-to-peer topology. This is where a lot of filesharing happens. P2P is the idea that various peers (filesharers in this case) connect to each other directly. There is no intermediary involved. P2P filesharing has been going on for 10 years unabated though networks like Gnutella and the copyright crusaders can do squat about it, Gnutella can't be shut down because there is nothing to shut down. It's a protocol, not an infrastructure.

TPB has engineered itself to be based on P2P technology, using the new BitTorrent DHT system based on the concept of magnet links. A $10 flash drive can carry the entire TPB website in your pocket. If they shut it down, anyone can just put it back up. That's why TPB hasn't been shut down despite being declared illegal in over 9000 jurisdictions.

Here is an example of the dreaded copyright-killing magnet link. With this information, you can download something via P2P BitTorrent:

magnet:?xt=urn:btih:5da07f31494caa08885fa019a7d83c83779a9259

There is nothing hidden, no secret link to TPB or some random cyber locker. That string of text you see in your face would work just as well tattooed on your butt.

First of all, how do you know what this gets you? It's a hex string that doesn't encode the contents it describes. It could be the latest Hollywood movie, it could be something even worse.

Remember, there is no magical way to know if something is copyright infringement. In fact, without telling you what that magnet link is, there is no way for you to even know what is until you actually try to download it. Copyright is not a natural trait of data, no matter how many laws you force down the legal system this will always be so.

In this case, this magnet link points to a popular open source Linux distro. Non-copyright infringing uses for P2P, who would have known?

Don't even get me started on DRM, the whole concept is built on mathematically unsound foundations. How the hell are you suppose to protect a decryption key when that key is needed to play the media?

When you are fighting against piracy, you aren't just fighting against an increasingly politically connected foe, you are fighting against a foe that has the technology and quite frankly the laws of nature and mathematics on their side. I'm glad I'm not in that camp, it must be frustrating as hell.