Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts

Freeing Information—But How?

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Last week I attended a talk by philosopher William "Trey" Brant III on a crisis in the academic publishing world involving either massive data piracy, or a blow for the freedom of information, depending on your point of view.  I was particularly interested in this topic because earlier in the day, I'd found out that the electronic version of one of my books had been "cracked," meaning people could now download it for free. 

The phrase "information wants to be free" was coined by Whole Earth Catalog author Stewart Brand in a conversation with Steve Wozniak in 1984.  Brand was a techno-optimist who participated in one of the first online communities in the San Francisco Bay area, and hoped that computer networks would foster a kind of egalitarian new age of togetherness and sharing.  That was before big money got involved.

As Brant described, and as I have been able to confirm since, the world of academic publishing, specifically scientific and technical papers, is now an exceedingly profitable one.  Here is the way it works.  People who write academic papers are not often great entrepreneurs, although there are exceptions.  They are typically in a situation where they have to publish a certain number of papers a year to keep their jobs—the old "publish or perish" paradigm, which has taken hold in more and more universities and colleges throughout the world.  In the old pre-Internet days, there were only so many journals, because the expense of printing and shipping pieces of paper around was nontrivial, and so the whole enterprise had a kind of natural limit.  The main subscribers to academic journals were either libraries (which had to subscribe to all the big ones) or individual academics (who typically subscribed to only one or two journals that matched their specialized interests).  If you go back far enough, say before World War II, academic publishing of journals was a very small business, not worth the time it would take for any major publisher to fool with. 

But then big money came to the hard sciences, professional organizations grew, and the Internet came along.  Now all you need to set up a journal is a website and connections to some academics willing to edit the thing.  And many of the established journals have now been liberated from the hard-copy page limits and can easily publish 10,000 pages a year—it's just more bits, not more trees.  So it's gotten a lot cheaper to run an academic journal, but it hasn't gotten any cheaper to subscribe.

Publishers such as Elsevier (full disclosure:  my latest technical paper was published through an Elsevier journal) have their profitable cake and get to eat it too.  The academics who write their content send their papers in for free, or in some cases even pay the publishers page charges.  The other academics who review the papers also usually review for free.  And then the publisher gets to charge five-figure subscription fees to the libraries of the same institutions where the papers were generated.  It is indeed good to be an academic publisher these days.  At least until Alexandra Elbakyan came along.

In 2011, Elbakyan was a neurotechnology graduate student in Kazakhstan, dismayed by the charges she had to pay per research article to places like Elsevier unless she was affiliated with a university whose library had a subscription.  (Anybody can get individual articles from these publishers, but unless you have a connection to a research library, they will ask you to pay on the order of $30 US per article.  Academics such as myself are shielded from these costs, which are borne by the libraries.)  So she found a willing hacker or two and started something called Sci-Hub.  According to Dr. Brant, you can find millions of documents on it that you'd otherwise have to pay for, and outside of North America and Northern Europe, especially in Russia and China, nobody fools with the official academic publishers any more.  They just go to Sci-Hub.

This is not a stable situation.  No matter what treaties and agreements say, if Country A harbors some folks who are violating Country B's copyright laws, and Country A doesn't want to cooperate, there's not much that anybody in Country B can do.  If everybody switches to using Sci-Hub, the academic publishers' revenue streams dry up and the whole system collapses.  It hasn't happened yet, but the house of cards is teetering.

The question is, who should pay for academic publishing, and how much is fair to charge for it?  Saying the free market will decide isn't going to work, because we're not talking about a commodity like oil or wheat.  Each academic paper is unique, and anyway, there are studies showing that only two or three other people ever read a typical journal paper anyway.  But if it's not in principle available to everybody, you can't say it's really published, so the availability has to be there.  In a way, academic publishing is a kind of vanity press, but one in which the writers don't typically pay up front.  Recently the concept of open-access publishing has made some headway, in which the author pays a lump sum (typically on the order of $1000 US), and the publisher promises to keep it on the Internet forever.  To my mind, that goes too far the other way, in that your typical English professor at a lowbrow college is not going to have that kind of money, and neither is his department. 

I don't know what the solution is.  Obviously, the peer-review process is still necessary, in which qualified experts pass judgment on what should be published, and it costs something to organize that and put papers in shape to go online.  But I seriously doubt that it costs as much as places like Elsevier are charging.  Maybe the pressure brought to bear by free-access sites such as Sci-Hub will lead to lower prices.  Or some mechanism or international agreement may be found in which people will still have access to information they need, but at a price which reflects something closer to the true cost of the service, and not just whatever the traffic bears.

And as for my book, well, there's something to be said for paper after all. 

Sources:  I thank Trey Brant for bringing my attention to this matter.  I referred to Wikipedia articles on "Information Should Be Free" and "Sci-Hub."  And no, I'm not going to tell you where to find my book for free, or what Sci-Hub's current domain name is.  You have to find those on your own.

When Is a TV Not a TV?

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When the U. S. Supreme Court says so, that's when.  Last Wednesday, June 25, the Court issued a split decision (6-3) against Aereo, a provider of over-the-Internet broadcast TV service which used a unique technology to get around the requirement to pay retransmission fees to program originators, as cable TV companies do.  Without such fees, Aereo's service was really cheap—as little as eight bucks a month—and over the last year or two the firm had expanded into several urban U. S. markets.  In response to the ruling, on Sunday June 28 Aereo's CEO Ken Kanojia pulled the plug on the service "temporarily," although it will be surprising if Aereo ever makes a comeback, at least in its present form.

For readers who missed my blog on Aereo last February 3, a little background is in order.  Copyright laws exist so that creators of original content won't starve to death while unscrupulous people copy or retransmit the content without paying for it.  It seems to this non-lawyer that there is a happy medium of copyright law between two extremes.  One extreme is that of no law at all, which stifles originality because nobody can make money doing creative stuff.  The other extreme is copyright control, by the originators, of everything in perpetuity, which leads to permanent monopolies that work against the interests of the consumer.  Copyright law is largely a federal matter, so the U. S. Congress is where it comes from, and the proper job of the courts, including the U. S. Supreme Court, is to interpret the law the way Congress intended.

When cable TV arose in the 1950s as a way of providing TV service for isolated communities beyond the reach of TV signals, the content providers (mostly the big three networks back in those days) were miffed, because here was a bunch of companies taking money from their customers for signals they didn't pay for.  In response, Congress amended the copyright laws in 1976 to make it clear that cable TV was a "public performance," legally speaking.  The basic idea is that if you as a content provider take somebody else's content and make it available to all comers, you are profiting from it and should compensate the parties that you got the content from.  Hence, the big retransmission fees that cable companies pay to content providers.  The only exception to this rule is the end user or consumer, for whom the whole system operates.  If you sit in your own house and watch an over-the-air broadcast on your own TV using your own antenna, then it's not a public performance, and you don't have to pay retransmission fees because you're not retransmitting.

It was Ken Kanojia's dream to take that exact situation, and just stretch it out technically while staying within what he thought was the letter of the law.  An Aereo subscriber was at the end of a long chain of technology that started with a paperclip-looking antenna at an Aereo "head-end."  Each head end had thousands of individual antennas, so that every active subscriber controlled a different antenna.  The signal the consumer selected was picked up by the assigned antenna, converted to digital form, and sent over the Internet to the receiver of choice—a phone or computer or iPad or what have you.  The effect, broadly considered, was not essentially different from what a cable TV company would do:  a lot of hardware delivering someone else's content to a lot of consumers.  But technically, each consumer controlled a virtual TV of his or her own, so Aereo claimed it wasn't like cable TV at all—it was just a whole lot of individual TVs controlled by individual consumers.  And therefore, Aereo didn't have to pay retransmission fees.

Naturally, the service providers hated this into the ground, and quickly got their lawyers to sue Aereo.  Back in February, the lawsuits were working their way up the legal ladder to the Supreme Court, which heard the arguments in April, and finally last week the Court issued its decision.

The basic argument of the Court's majority was what I would call the duck approach:  if it walks like a duck and quacks like a duck, it must be a duck.  If you ignore the technical insides of how Aereo provides its service and just treat it like a black box, it's not that much different from a cable TV provider.  Hence, Aereo has to pay up just like the cable companies.  With his whole business carefully tailored to the assumption that his firm would not have to pay such fees, Kanojia recognized that the jig was up, and shut it down.

Three conservative members of the Court—Alito, Thomas, and Scalia—sided with Aereo, but not because they think Aereo should be left alone to go about its business.  Even the dissenters agreed that what Aereo is doing smacks of copyright infringement, but the dissenters thought that the similarity argument with cable TV was a weak one.  The dissenters are concerned that the adverse decision against Aereo will stifle technological innovation, and wanted to see a more technically savvy argument as to exactly what Aereo was doing wrong besides looking broadly like a cable TV company.

They may be right, but frankly, I'm not sure Aereo's kind of innovation is the sort we need.  Remember, if it weren't for lawyers and copyright laws, Aereo never would have designed their system the way they did in the first place.  It was a brilliant technical dodge designed to evade the retransmission fees by configuring the system to imitate a legal technology.  Unfortunately for Aereo, a majority of the Supreme Court justices didn't think the technical details made that much difference.  And when all is said and done, I tend to agree with them.

It seems to me that we need people like Ken Kanojia engaged in technical challenges that really matter, rather than spending his time devising clever ways to avoid legal obstacles.  I'm sure Kanojia believes that what he was doing was a true service to the consumer, but at least in the U. S., his Aereo venture looks like it has made its final performance—public or otherwise. 

Sources:  I consulted these news items on the Supreme Court Aereo decision: http://www.huffingtonpost.com/2014/06/28/aereo-suspension-operatio_n_5539559.html
and http://www.businessinsider.com/aereo-supreme-court-ruling-2014-6.  As mentioned, I last blogged on Aereo on Feb. 3, 2014.