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Session Notes from Free Speech and Free Culture

[Free Speech]

[May 30 5:20]

[Mike Linksayver, Jason Schulz], Presenters

[Brian Satterfield], Notetaker

 

 

-         Free culture vs. closed culture: Free culture can loosely be defined as one in which individuals have the ability to innovate and recreate; by its very nature, copyright impinges on free culture. On the other hand, closed culture is synonymous with pervasive and perpetual copyright, as well as anticircumvention laws. For example, you cannot show corporate logos in a documentary without legal clearance. In effect, copyright laws limit who can document and criticize reality.

 

-         Benefits of licensing content under Creative Commons: Creative Commons allows for flexible copyrighting of content: The various licenses cover things such as attribution, commercial use, and derivative works. Presenter and EFF attorney Jason Schulz belives that using Creative Commons encourages Web participation, as it puts an organization's constituents on solid legal footing, if for example they want to add your content to their own blogs. "The old school realizes that Creative Commons is a good way to do copyright" Schulz said, adding that even former RIAA head Hilary Rosen is now a supporter. Tools references, include CCMix.org, a music publishing tool, and mozCC, which adds Creative Commons licensing info directly in your Web browser

 

-         Instances in which Web 2.0 technologies have led to legal ramifications: Schulz believes that with the advent of Web 2.0, "more people are going to get in trouble and receive cease and desist letters." For instance, one blogger  got a C&D letter for changing an antigay billboard into a progay billboard but negative press chased the litigating party away. Also, when Diebold engineers posted negative emails (in a blog) about its voting machines, the site that hosted the blog was attacked by the company. Specific cases involving "mashups" include Mastercard vs. Nader, Ward vs. Rock Against Racism, and Margaret Mitchell vs. Wind Done Gone.

 

-         Tips for avoiding legal problems: The EFF's "Legal Guide to Podcasting" (http://wiki.creativecommons.org/Welcome_To_The_Podcasting_Legal_Guide) has advice for staying off of shaky legal footing. Schulz suggests concentrating on relaying a political effort with your blog or podcast instead of trying to raise money

 

-         Other key quotes: "We often think of ourselves as the 911 of the Internet" (Jason Schulz)



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