Youtube taking down Hitler parodies

It has been reported in several places, including the EFF, that Youtube is using its Content ID filtering system to take down the very popular parodies using footage from Downfall, the 2004 movie about Hitler’s last days.  This is bad news for everybody with a sense of humor and especially everybody who thinks a parody should at least get a chance at being judged on its fair use merits.  Youtube;s policy is apparently pretty automatic; someone who claims to own the rights to footage complains and an software tracker locates and takes down the material.  Here is an excerpt from the Electronic Frontier Foundation’s response:

If copyright owners want to block remix creativity, they should have to use a formal DMCA takedown notice (and be subject to legal punishment if they fail to consider fair use), rather than a coarse automated blocking tool. That is one reason we called on YouTube to fix the Content ID system so that it will not automatically remove videos unless there is a match between the video and audio tracks of a submitted fingerprint and nearly the entirety (e.g, 90% or more) of the challenged content is comprised of a single copyrighted work. That was over two years ago, and YouTube told us then that they were working on improving the tool. If YouTube is serious about protecting its users, it is long past time for YouTube to do that work.
Electronic Frontier Foundation

 


A Disturbing Ruling

A federal judge in New York has issued a ruling that a clipping service that sends clients excerpts from news articles based on keywords was violating the copyright of the news services being excerpted.  The reasoning could lead to serious restrictions on aggregators.  Read The Electronic Frontier Foundation’s analysis here.


Feynman, textbooks, and ipse dixitism

Maria Popova has an article about Richard Feynman and the Universal Responsibility of Scientists in the latest Brain Pickings.  Popova writes that “Speaking to the notion that Speaking to the notion that “every child is a scientist,” Feynman champions the true responsibility of science education — a responsibility and purpose sadly belied by the current education system”.   Feynman, as one would expect, emphasizes the importance of doubt and discovery as central to science.  In another Brainpickings article Popova cites Stuart Firestein:

There are a lot of facts to be known in order to be a professional anything — lawyer, doctor, engineer, accountant, teacher. But with science there is one important difference. The facts serve mainly to access the ignorance… Scientists don’t concentrate on what they know, which is considerable but minuscule, but rather on what they don’t know…. Science traffics in ignorance, cultivates it, and is driven by it. Mucking about in the unknown is an adventure; doing it for a living is something most scientists consider a privilege.

Which brings me to our educational system and the textbooks that serve it.  Despite small gestures toward ‘discovery activities’ or whatever, our textbooks are overwhelmingly compilations of statements that students are required to accept if they want to pass the test and move on to the next set of statements and, ultimately, to a life and career that bows to authority.  The ultimate argument in a dispute becomes ‘ipse dixit’: ‘he said it’, the ‘he’ in question being whatever authority  is currently in vogue in a particular community.   There is nothing wrong with presenting students with the state of contemporary scientific thought.  It is, in fact essential.  However, listing facts is not teaching science.  Students need to be presented with genuine challenges to explore the world, not just books.

What is needed is a healthy spirit of doubt and exploration.  As Bertrand Russell said:

Neither acquiescence in skepticism nor acquiescence in dogma is what education should produce. What it should produce is a belief that knowledge is attainable in a measure, though with difficulty; that much of what passes for knowledge at any given time is likely to be more or less mistaken, but that the mistakes can be rectified by care and industry. In acting upon our beliefs, we should be very cautious where a small error would mean disaster; nevertheless it is upon our beliefs that we must act. This state of mind is rather difficult: it requires a high degree of intellectual culture without emotional atrophy. But though difficult it is not impossible; it is in fact the scientific temper. Knowledge, like other good things, is difficult, but not impossible; the dogmatist forgets the difficulty, the skeptic denies the possibility. Both are mistaken, and their errors, when wide-spread, produce social disaster.  (Russell, Education and the Good Life)


Chomsky on education and privatization

Alternet has published the transcript of a recent speech by Noam Chomsky on the corporate takeover of American education and the common good.  The text is in two parts, here and here.   The entire speech is, as always with Chomsky, thought provoking but I especially enjoyed his analysis of the ideology of “efficiency” a business concept now being applied fairly ruthlessly to education

“Efficiency” is not really an economic concept. As I already mentioned, transferring costs to individuals is called “efficiency.” We see that all the time. So suppose you call a bank or an airline to check on an error or for information. You know what happens: You get a recorded message, which tells you “we love your business, we love you. Please hang on!” You hang on while this message is repeated every couple of minutes, you listen to some music, and finally, at the end of it all, you get some kind of a menu, which often doesn’t include the option you want. Finally, if you don’t give up, you get connected to an actual person.

For business, this increases efficiency. Their costs are lower, and for ideological reasons, that’s all that counts. For the consumer, it’s very costly. You’re wasting your time and energy. When those costs are multiplied across the population, they become quite large. But it is called efficiency. There are many other illustrations. For example, I just flew down here yesterday. Airlines no longer circulate air. That saves them money; it’s more efficient. It also spreads diseases among passengers. But that just transfers costs to individuals, and that doesn’t count under contemporary ideology.

The same applies when the corporate culture is imposed on universities. One way to achieve efficiency is to reduce the proportion of faculty to students. Replace faculty by cheap labor — temps — just like in the business world. In this case graduate students for instance. They are easily replaceable and exploitable. You don’t pay them much and they can’t ask for their rights. It is very good for the bottom line, the professional business administrators, who are running the colleges. The harm done to the students is not counted. That is part of the ideological character of cost estimates. Another strategy is eliminating programs that are too expensive. A recent discussion in the New York Times pointed out that state colleges around the country are eliminating programs in engineering, computer science and nursing, which happen to be the fields where there are job opportunities. But the courses are expensive. Therefore, by good corporate logic, you eliminate the programs that society and people need. There was a special twist in Florida, where the governor eliminated these programs at the university but increased funding for the football team, which produces revenue and therefore serves a valid educational purpose.

Throughout the speech Chomsky cites what he calls the “the new spirit of the age: “Gain wealth, forgetting all but self.”  I may not agree with him about how new that is, but I certainly agree that it is the message we are drowned in daily.

 


Monsanto before the Supreme Court

Alternet has a good article on a case currently before the US Supreme Court, pitting a 75 year old farmer against Monsanto’s seed patents.  As Katherine Paul and Ronnie Cummins point out in their article, the real issue in the case is not some legal nicety, but the principle of Monsanto’s enclosing a part of nature: the genetics of plants.

Read the article here.

 


“Online” & “MOOC” – codewords for privatization?

Aaron Brady has written an excellent article about MOOCs in The New Inquiry.  Written as a response to an article by Clay Shirky, he makes a series of astute observations of the MOOC phenomenon.  Among my favorites:

 I see a group of decision-makers who quite manifestly do not know what they are talking about and who barely try to disguise it, for whom “online” is code word for privatization. If I am against MOOC’s, I am against the way “MOOC” is being experienced in California, in practice: as an excuse to cheapen education and free the state budget from its responsibility to educate its citizenry.,,,,

When regents and administrators and edu-preneurs talk about MOOC’s, after all, they mean outsourcing classes at San Jose State to a for-profit corporation. That’s literally the privatization of a public resource. It is not a coincidence that San Jose State is a place where a lot of low-income, non-white students get their college degrees: it isn’t the children of the upper-middle class that go to Berkeley or UCLA who will be the canaries in this coal mine. And it’s also not a coincidence that SJSU’s press release uses the narrative of MOOC to describe a set of courses which are not free, and thus, not really “Open.” They’re not expensive, of course; for some students, they might actually be a better deal, if they stay cheap. But why would we presume that they will? For one thing, this MOOCification is explicitly a pilot project. If it works—and the self-fulfilling prophecy of these kinds of “experiments” ensures that they pretty much always “work”—it will be expanded. Unless the structural problem of California public education is solved—which is that it has to be paid for, and the state doesn’t want to pay for it—those classes will rise in price, as surely as the sun rises in the East.

In this way, the (misapplied) word MOOC becomes a license to privatize. When a public institution outsources its classes to a for-profit corporation, that’s not necessarily a bad thing—nor is it all that new—but that’s what it is: shifting the burden to educate the state’s citizens to a corporation who can make money from doing so. And yet, by using the magic word “MOOC,” the privatization disappears in a puff of euphemism. We are instead “expanding access.”

Read the entire article here.


More British Universities and the British Library join MOOC alliance.

The growth of the MOOC movement continues.  Futurelearn, the British alliance of traditional institutions planning to offer MOOCs from 12 to 18 institutions.  Most interesting is the inclusion of the British Library, demonstrating how the trend toward open, free online learning is opening up Higher Education to offerings from non-traditional sources.

Read the details here.


Is a hyperlink a violation of copyright?

The European Copyright Society has issued an opinion on an important case currently before the European Court of Justice.  The Svensson case involves a Swedish Journalist whose article was published by a Swedish paper in both print and digital format.  The article was subsequently linked to by a subscription service and Svensson is suing that service, claiming that the link constitutes a communication to the public and therefore violates his copyright.  The European Copyright Society, a group of scholars founded in January of 2012  January 2012 with the aim of creating an independent platform for “critical and independent scholarly thinking on European Copyright Law”, has issued its opinion that links are most emphatically not violations of copyright.  Their opinion reads in part:

The importance of this particular reference should be evident to the Court. Although hyperlinking takes many forms and has multiple functions, there can be no doubt that it is the single most important feature that differentiates the Internet from other forms of cultural production and dissemination. Hyperlinking is intimately bound to the conception of the Internet as a network, and hyperlinks constitute paths leading users from one location to another. […] The legal regulation of hyperlinking thus carries with it enormous capacity to interfere with the operation of the Internet, and therefore with access to information, freedom of expression, freedom to conduct business, as well – of course – with business ventures that depend on these types of linkages.

Read the story here.


A copyright battle over Sherlock Holmes?

Since all but a few of the stories in the last Sherlock Holmes collection, The Casebook of Sherlock Holmes, are in the public domain, one would think that the characters of Holmes and Watson would be public domain and ripe for rights free inclusion in new stories.  Think again.  The long, tangled tale of the rights to the Holmes Collection and its characters drags on.  As the Guardian reports, a Holmes scholar has filed a suit against the Arthur Conan Doyle estate seeking a ruling that the characters of Holmes and Watson are no longer covered by copyright.

Read the entire story here.