Last week, Senator Omar Fayad presented one of the prime examples of a poorly redacted law that, if enacted, will make basically any way of computer use illegal. And yes, even if he states this is merely a draft, it has so many factual and conceptual errors that there is no way to trust sanity can be regained at any point. Oh, and before I continue with this rant: If the topic interests you, I suggest you to read the 10 key points about Ley Fayad, the worst Internet initiative in history, published by r3d.mx.
[update] An English equivalent of the work at r3d, at revolution-news.com: #LeyFayad: The Worst Bill in Internet History
The full text (in Spanish, of course) for the law initiative is available at the Senate webpage; the law will be called Ley Federal para Prevenir y Sancionar los Delitos Informáticos (Federal law to prevent and punish informatic felonies<) — A bad name to start with, as there are many laws already in that contested area. I started reading with the preamble (Exposición de motivos), which already shows bad signs of imprecise redaction and is plagued with factual errors (i.e. asserting that the real danger stems from the Web migrating to the Web 2.0, from which stems that this migration and not any previous one. Or by stating that (quoting+translating a full paragraph):
Activities such as electronic commerce, digital periodism, publicity and the opinions, messages or elements written in social networks can lead to patrimonial, reputation, honor or professional activity losses for people.
He continues by stating that only 16% of the countries have some kind of cybersecurity strategy (and, of course, Mexico doesn't). That... Well, is very hard to believe, as Mexico has two separate policial groups devoted to cybersecurity, and laws regulating from electronic signatures, commerce, identity, privacy, use and abuse, and a long list.
Of course, as most law proposals go, it quickly decays into a dry, boring document... And I must admit I didn't fully read it, but picked here and there. I won't copy in full the note I mentioned at the beginning at r3d.mx, but will continue with some strange points, such as:
- Article 16
- Every person that, without the corresponding authorization or exceeding the authorization confered, accesses, intercepts, interfers or uses an information system, will be punished by one to eight years of prision and fined by 800 to 1000 days of minimum wage
So, yes, borrowing your computer without getting explicit permission, or playing around with the options in kiosks, or tons of whatever we curious people do with systems we encounter are basis for jail. (And yes, fines in this country are expressed in "days of minimum wage", which goes at ~MX$70 per day, which is ~US$4). But it gets funkier quickly:
- Article 17
- Whoever fraudulently destroys, disables, damages or in any way alters the working of an informatic system or any of its components, will be punished by fice to fifteen years of jail and fined by up to a thousand minimum wage days
The same punishment will be given to whoever, without authorization, destroys, damages, modifies, divulges, transfers or disables information contained in any Informatic System or any of its components.
The punishment will be ten to twenty years in prision and a fine of up to a thousand days of minimum wage if the effects here mentioned are done by the creation, introduction or fraudulent transmission, by any means, of an informatic weapon or malicious code
This law is meant to protect against cyberfelonies, if such a thing exists. However, here we are putting at risk people even for accidental equipment destructions. I dropped your portable hard disk with my elbow off the table? Accuse me of acting fraudulently, and I'm up for a serious jail time. And yes, laws are meant to be interpreted... And I don't want to be at the receiving end of this one!
In this last article, Fayad mentions informatic weapons, which are defined in the preamble as any informatic program, informatic system, or in general, any device or material created or designed with the purpose of committing an informatic crime. So the very next article makes me, as it should make all of my fellow students and researchers, very uneasy:
- Article 18
- Whoever uses informatic weapons or malicious code will be imprisioned by two to six years, and fined with 200 to 500 days of minimum wage.
- Article 19
- Whoever builds, distributes, commerces with informatic weapons or malicious codes will be punished by three to seven years of prision and 200 to 500 days of minimum wage.
If we need to analyze malware for our classes (or for paid work, or as a hobby), we clearly fall in article 18. If we write something that can be classified as malware (without even releasing it, as an academic excercise only!), we are covered by article 19. If I give my students code that's known to be malicious (which could be as inofensive as linking to a well-known Web comic), I'm also covered by article 19.
I'll jump all the way to article 31 (reproduced only partially):
- Article 31
- Whoever, by any means, creates, captures, records, copies, alters, duplicates, clones or deletes the information contained in a credit or debit card (...) will be punished by 8 to 14 years of prision and 300 to 500 days of minimum wage. (...)
This clearly disincentivates any way of e-commerce. When I try to buy anything online, I have to capture+copy my (rightfully owned) credit card data. The services provider has to copy, process and then delete said information. Any e-transaction is punished by jail!
Well... But thinking about this again, maybe I shouldn't be so worried about the malware distribution issue at my classes. There are clearer and more contundent articles. Say...
- Article 35
- Whoever convenes, organizes, is part of, or executes a cibernetic attack, will be punished by 20 to 30 years of prision and fined with 100 to 1000 days of minimum wage
Of course we have convened, organized, been part of and executed cibernetic attacks at the computer security lab at ESIME. Why would there be such a lab otherwise?
Then, there are clear indications that the Senator didn't understand the topic his team was working on:
- Article 37
- Who manipulates the digital seals used by command of the public authority will be punished with 240 days of community work
Now... What is a digital seal? It's not a phisical one that does not allow opening the doors to a business found at fault, but something that just proves a document is legitimate and pristine. How can I manipulate them? Of course, if the seals are MD5-based, I can easily forge them (and SHA1-based, it seems they will be broken enough soon to be considered no longer trustable)... But that's about it!
And there is more, lots more. I'm swamped with work, and have to get back to it. But chapters the following chapters have a lot of potential for finding holes.
PS - And yes, the only use I do of Twitter is via the headlines in my blog ;-)
[update] Ley Fayad is dead, yay! \o/ The senator withdrew the proposal.
I am very glad and very proud that the community I am most involved in, the Debian project, has kept its core identity over the years, at least for the slightly-over-a-decade I have been involved in it. And I am very glad and very proud that being less aggressive, more welcoming and in general more respectful to each other does not counter this.
When I joined Debian, part of the mantra chants we had is that in order to join a Free Software project you had to grow a thick skin, as sooner or later we'd all be exposed to flamefests. But, yes, the median age of the DD was way lower back then — I don't have the data at hand, but IIRC I have always been close to our median. Which means we are all growing old and grumpy. But old and wiser.
A very successful, important and dear subproject to many of us is the Debian Women Project. Its original aim was, as the name shows, to try to reduce the imbalance between men and women participants in Debian — IIRC back in 2004 we had 3 female DDs, and >950 male DDs. Soon, the project started morphing into pushing all of Debian to be less hostile, more open to contributions from any- and everyone (as today our diversity statement reads).
And yes, we are still a long, long, long way from reaching equality. But we have done great steps. And not just WRT women, but all of the different minorities, as well as to diverging opinions within our community. Many people don't enjoy us abiding by a code of conduct; I also find it irritating sometimes to have to abide by certain codes if we mostly know each other and know we won't be offended by a given comment... Or will we?
So, being more open and more welcoming also means being more civil. I cannot get myself to agree with Linus' quote, when he says that respect is not just given to everybody but must be earned. We should always start, and I enjoy feeling that in Debian this is becoming the norm, by granting respect to everybody — And not losing it, even if things get out of hand. Thick skins are not good for communication.
My good friend Felipe Esquivel is driving a crowdfunded project: the first part of the "Natura" short film. I urge every reader of my blog to support Felipe's work!
Not only that: It might be interesting for my blog's readers that a good deal of the work of Chamán Animation's work (of course, I am not qualified to state that "all of" their work — But it might well be the case) is done using Free Software, specifically, using Blender.
So, people: Go look at their work. And try to be part of their work!
I have long wanted to echo Gregor's beautiful Debian Advent Calendar posts. Gregor is a dear project member and a dear friend to many of us Debianers, who has shown an amount of stamina and care for the project that inspires everybody; this year, after many harsh flamefests in the project (despite which we are moving at a great rate towards a great release!), many people have felt the need to echo how Debian –even as often seen from the outside as a hostile mass of blabbering geeks– is actually a great place to work together and to create a deep, strong social fabric — And that's quite probably what binds the project together and ensures it will continue existing and excelling for a long time.
As for the personal part: This year, my Debian involvement has –once again– reduced. Not because I care less about Debian, much to the contrary, but because I have taken several responsabilities which require my attention and time. Technically, I'm basically maintaining a couple of PHP-based packages I use for work (most prominently, Drupal7). I have stepped back of most of my DebConf responsabilities, although I stay (and will stay, as it's an area of the project I deeply enjoy doing) involved. And, of course, my current main area of involvement is keyring-maint (for which I have posted here several status updates).
I have to say that we expected having a much harder time (read: Stronger opposition and discussions) regarding the expiry of 1024D keys. Of course, many people do have a hard time connecting anew to the web of trust, and we will still face quite a bit of work after January 1st, but the migration has been a mostly pleasant (although clearly intensive) work. Jonathan has just told me we are down to only 306 1024D keys in the keyring (which almost exactly matches the "200-300" I expected back at DC14).
Anyway: People predicting doomsday scenarios for Debian do it because they are not familiar with how deep the project runs in us, how important it is socially, almost at a family level, to us that have been long involved in it. Debian is stronger than a technical or political discussion, no matter how harsh it is.
And, as a personal thank-you: Gregor, your actions (the GDAC, the RC bug reports) inspire us to stay active, to do our volunteer work better, and remind us of how great is it to be a part of a global, distributed will to Do It Right. Thanks a lot!
Much ink has been spilled lately (well, more likely, lots of electrons have changed their paths lately — as most of these communications have surely been electronic) on the effects, blame, assurance and everything related to the (allegedly) North Korean attack on Sony's networks. And yes, the list of components and affectations is huge. Technically it was a very interesting feat, but it's quite more interesting socially. Say, the not-so-few people wanting to wipe North Korea from the face of the Earth, as... Well, how did such a puny nation dare touch a private company that's based in the USA?
Of course, there's no strong evidence the attack did originate in (or was funded by) North Korea.
And... I have read very few people talking about the parallels to the infamous Stuxnet, malware written by USA and Israel (not officially admitted, but with quite a bit of evidence pointing to it, and no denial attempts after quite a wide media exposure). In 2010, this worm derailed Iran's nuclear program. Iran, a sovereign nation. Yes, many people doubt such a nuclear program would be used "for good, not for evil" — But since when have those two words had an unambiguous meaning? And when did it become accepted as international law to operate based on hunches and a "everybody knows" mentality?
So, how can the same people repudiate NK's alleged actions and applaud Stuxnet as a perfect weapon for peace?
The line of BASIC code that appears as the subject for this post is the title for a book I just finished reading — And enjoyed thoroughly. The book is available online for download under a CC-BY-NC-SA 3.0 License, so you can take a good look at it before (or instead of) buying it. Although it's among the books I will enjoy having on my shelf; the printing is of a very enjoyable good quality.
And what is this book about? Well, of course, it analizes that very simple line of code, as it ran on the Commodore 64 thirty years ago.
And the analysis is made from every possible angle: What do mazes mean in culture? What have they meant in cultures through history? What about regularity in art (mainly 20th century art)? How would this code look (or how it would be adapted) on contemporary non-C64 computers? And in other languages more popular today? What does randomness mean? And what does random() mean? What is BASIC, and how it came to the C64? What is the C64, and where did it come from? And several other beautiful chapters.
The book was collaboratively written by ten different authors, in a Wiki-like fashion. And... Well, what else is there to say? I enjoyed so much reading through long chapters of my childhood, of what attracted me to computers, of my cultural traits and values... I really hope that, in due time, I can be a part of such a beautiful project!
The following text is not mine. I'm copy-translating a text a dear friend of mine just wrote in Spanish, in Facebook. He writes far better than I do (much better than most people I have known). I am not also a great translator. If you can read Spanish, go read the original.
I hate my country. I want to get the hell out of here. This country stinks.
Phrases that appear in talks between Mexicans since yesterday. On the network and outside of it. And to tell the truth, I would have put them between quotation marks if I had not thought them as well. At some point. Because that is the edtent of the pain. Enuogh to hate, to insult, to give up.
But we talk and write without realizing that it might be the most terrible thing in all this mess. That the pain makes us give up and consent to play a role in the game that they, the executioners, would pleasedly look at from their tribunes, laughing at us while they hand each other the popcorn. That would be over the line. So lets not give them that joy.
Because they surely don't realize we have the obligation to notice it from the very beginning and do something to avoid falling there: The root of the pain they caused us yesterday is because that's how the annihilation of hope feels like.
The shout "Alive they were taken" –they do not realize but we do– is a shout of hope. A pronouncement for the possible goodness in the human being. A testimony of hope in the future. A bet for life. And with his cold address, the federal attorney yesterday wanted to finish the killing of our already aching hope. We cannot grant him that joy.
They say it's the last thing that dies. I'd say it's the only thing that should not die. Ever. It finishes and everything finishes.
There is no possible justice for the parents of the 43. Much less for the 43. Not even however much the official discourse wants to gets us dizzy with the propaganda saying "we will not rest until". Not even if the president quits that would bring back to their classrooms even one of those that by today are just ashes. And sadly, that's the excuse that man wields to not stop boarding his plane and travel wherever he pleases. The farthest from Mexico, the better. Lets not do the same.
Lets remind the world this country is full of us, not of them. That the face of a persn is not the dirtyness on his forehead and cheeks, but the skin that's below, that feels and throbs. Lets show the world Mexico is more the verse than the blood, more the idea than the terror.
And to them...
Lets not give them the joy.
To them, lets make them see that, however hard they try, there are things they will never take from us.
Our love for this country, for example.
The country, over all things.
- Antonio Malpica. After what appears to be the bitter and sadly expected end of a sad, terrible, unbelievable collective social rupture we have lived for ~50 days.
And what comes next? How can it come? How can we expect it? I have no way to answer. We, the country's people, are broken.
Two causally unrelated events which fit in together in the greater scheme of things ;-)
In some areas, the world is better aligning to what we have been seeking for many years. In some, of course, it is not.
In this case, today I found our article on the Network of Digital Repositories for our University, in the Revista Digital Universitaria [en línea] was published. We were invited to prepare an article on this topic because this month's magazine would be devoted to Open Access in Mexico and Latin America — This, because a law was recently passed that makes conditions much more interesting for the nonrestricted publication of academic research. Of course, there is still a long way to go, but this clearly is a step in the right direction.
On the other hand, after a long time of not looking in that direction (even though it's a lovely magazine), I found that this edition of FirstMonday takes as its main topic Napster, 15 years on: Rethinking digital music distribution.
I know that nonrestricted academic publishing via open access and nonauthorized music sharing via Napster are two very different topics. However, there is a continuous push and trend towards considering and accepting open licensing terms, and they are both points in the same struggle. An interesting data point to add is that, although many different free licenses have existed over time, Creative Commons (which gave a lot of visibility and made the discussion within the reach of many content creators) was created in 2001 — 13 years ago today, two years after Napster. And, yes, there are no absolute coincidences.
I stared at Noodles' Emptiness, where I found a short rant on the currently most used forms of communication. No, into the most socially-useful forms of communication. No, into what works best for him. And, as each person's experience is unique, I won't try to correct him — Noodles knows himself much, much, much, much better than I do. But some people have wondered recently (i.e. at conferences I have been at) why I give such an atypical use to social networks (...a term which I still hold to be grossly misused, but that's a topic for a different rant...One that's been had too many times).
So, although my blog is syndicated at Planet Debian, and I know a good deal of readers come from there, this post is targetted at the rest of the world population: Those that don't understand why many among us prefer other ways of communication.
Noodles mentions seven forms of communication he uses, arguably sorted by their nowadayness, low to high: Phone call, text (SMS) message, email, IRC, Skype, Google Hangouts and Facebook messenger.
Among those, I strongly dislike two: Phone call and Skype (or any voice-based service, FWIW). I do most of my communication while multitasking, usually at work. I enjoy the quasi-real-timeliness of IRC and the instant messengers, but much more, I like the ability to delay an answer for seconds or minutes without it breaking the rules of engagement.
Second, if the ordering is based on what I found, the reason for my little rant should become obvious: We had kept a great job so far building interoperable technology.1 Up until now, you could say «drop me a mail», and no matter if you had your mail with GMail and I insisted on self-hosting my gwolf.org, as long as our communications adhered to simple and basic standards, we would be perfectly able to communicate.
Skype is a bit of a special case here: They did build a great solution, ~ten years ago, when decent-quality VoIP was nowhere to be found. They have kept their algorithm and mechanisms propietary, and deliberately don't operate with others. And, all in all, there is a case for them remaining closed.
But Google Hangouts and Facebook Messenger do piss me off. More the first than the second. Both arrived to the instant messenger scene long after the experimentation and early stages, so they both took Jabber / XMPP, a well tried and tested protocol made with interoperability and federability in mind. And... They closed it, so they can control their whole walled garden.
PS- Interestingly, he left out the face-to-face communication.I am quite an anchorite in my daily life, but I still think it's worth at least a mention ;-)
So, Noodles: Thanks for the excuse to let me vent a rant ;-)
- 1. Interestingly, a counterexample came up on me. One I do not remember, but I have seen printed information that make me believe it: Back in the 1940s/1950s, Mexico (Mexico City only perhaps?) had two parallel phone networks. If I'm not mistaken, one was Ericsson and the other was AT&T. Businesses often gave you both of their numbers in their ads, because you could not call one network from the other. And now that seems so backwards and unbelievable!
John states some very important reasons for people everywhere to verify the identities of those parties they sign GPG keys with in a meaningful way, and that means, not just trusting government-issued IDs. As he says, It's not the Web of Amateur ID Checking. And I'll take the opportunity to expand, based on what some of us saw in Debian, on what this means.
I know most people (even most people involved in Free Software development — not everybody needs to join a globally-distributed, thousand-people-strong project such as Debian) are not that much into GPG, trust keyrings, or understand the value of a strong set of cross-signatures. I know many people have never been part of a key-signing party.
I have been to several. And it was a very interesting experience. Fun, at the beginning at least, but quite tiring at the end. I was part of what could very well constitute the largest KSP ever in DebConf5 (Finland, 2005). Quite awe-inspiring — We were over 200 people, all lined up with a printed list on one hand, our passport (or ID card for EU citizens) in the other. Actwally, we stood face to face, in a ribbon-like ring. And, after the basic explanation was given, it was time to check ID documents. And so it began.
The rationale of this ring is that every person who signed up for the KSP would verify each of the others' identities. Were anything fishy to happen, somebody would surely raise a voice of alert. Of course, the interaction between every two people had to be quick — More like a game than like a real check. "Hi, I'm #142 on the list. I checked, my ID is OK and my fingerprint is OK." "OK, I'm #35, I also printed the document and checked both my ID and my fingerprint are OK." The passport changes hands, the person in front of me takes the unique opportunity to look at a Mexican passport while I look at a Somewhere-y one. And all is fine and dandy. The first interactions do include some chatter while we grab up speed, so maybe a minute is spent — Later on, we all get a bit tired, and things speed up a bit. But anyway, we were close to 200 people — That means we surely spent over 120 minutes (2 full hours) checking ID documents. Of course, not all of the time under ideal lighting conditions.
After two hours, nobody was checking anything anymore. But yes, as a group where we trust each other more than most social groups I have ever met, we did trust on others raising the alarm were anything fishy to happen. And we all finished happy and got home with a bucketload of signatures on. Yay!
One year later, DebConf happened in Mexico. My friend Martin Krafft tested the system, perhaps cheerful and playful in his intent — but the flaw in key signing parties such as the one I described he unveiled was huge: People join the KSP just because it's a social ritual, without putting any thought or judgement in it. And, by doing so, we ended up dilluting instead of strengthening our web of trust.
Martin identified himself using an official-looking ID. According to his recount of the facts, he did start presenting a German ID and later switched to this other document. We could say it was a real ID from a fake country, or that it was a fake ID. It is up to each person to judge. But anyway, Martin brought his Transnational Republic ID document, and many tens of people agreed to sign his key based on it — Or rather, based on it plus his outgoing, friendly personality. I did, at least, know perfectly well who he was, after knowing him for three years already. Many among us also did. Until he reached a very dilligent person, Manoj, that got disgusted by this experiment and loudly denounced it. Right, Manoj is known to have strong views, and using fake IDs is (or, at least, was) outside his definition of fair play. Some time after DebConf, a huge thread erupted questioning Martin's actions, as well as questioning what do we trust when we sign an identity document (a GPG key).
So... We continued having traditional key signing parties for a couple of years, although more carefully and with more buzz regarding these issues. Until we finally decided to switch the protocol to a better one: One that ensures we do get some more talk and inter-personal recognition. We don't need everybody to cross-sign with everyone else — A better trust comes from people chatting with each other and being able to actually pin-point who a person is, what do they do. And yes, at KSPs most people still require ID documents in order to cross-sign.
Now... What do I think about this? First of all, if we have not ever talked for at least enough time for me to recognize you, don't be surprised: I won't sign your key or request you to sign mine (and note, I have quite a bad memory when it comes to faces and names). If it's the first conference (or social ocassion) we come together, I will most likely not look for key exchanges either.
My personal way of verifying identities is by knowing the other person. So, no, I won't trust a government-issued ID. I know I will be signing some people based on something other than their name, but hey — I know many people already who live pseudonymously, and if they choose for whatever reason to forgo their original name, their original name should not mean anything to me either. I know them by their pseudonym, and based on that pseudonym I will sign their identities.
But... *sigh*, this post turned out quite long, and I'm not yet getting anywhere ;-)
But what this means in the end is: We must stop and think what do we mean when we exchange signatures. We are not validating a person's worth. We are not validating that a government believes who they claim to be. We are validating we trust them to be identified with the (name,mail,affiliation) they are presenting us. And yes, our signature is much more than just a social rite — It is a binding document. I don't know if a GPG signature is legally binding anywhere (I'm tempted to believe it is, as most jurisdictions do accept digital signatures, and the procedure is mathematically sound and criptographically strong), but it does have a high value for our project, and for many other projects in the Free Software world.
So, wrapping up, I will also invite (just like John did) you to read the E-mail self-defense guide, published by the FSF in honor of today's Reset The Net effort.
The picture explains it much better than what I ever could.
Presenting my talk via videoconference at Conferencia Regional de Software Libre, set up by GUGLER, in Paraná, Argentina, November 7, 2013
This week's lesson on the «Arte y cultura en circulación: crear y compartir en tiempos digitales» course talks about piracy and the circulation of culture, a topic that over time has been debated over and over. And a topic, yes, that can always lead to interesting discussions.
This time, we are requested to choose one among ten ideas among the media groups' discourse on what piracy is and means for the "cultural industry". There are tons of material written already on several of those ten lines (i.e. piracy disincentivates creativity, or two that can be seen as two faces of the same argument, If a consumer can have free access to cultural products, he will stop spending his money on them and Every time a consumer has access to an illegal copy, the industry loses a sale), and some are quite obvious (i.e. Piracy makes job positions be lost... Just look at the amount of people the unauthorized distribution industry feeds! Or possibly, Piracy is a prosper industry that gives money to people distributing illegal products — Of course, that is true. The problem is, what causes said products to be illegal to begin with? Should they be so?). Some other ideas talk about harsher penalties and ways to punish illegal copying in order to drive actors out of that sector (and into the... void?)
So, I chose item #4: Cultural products have a high cost because their production is complex (and a tag could be made, linking complex with expensive). I think this item can lead to a long discussion as to what does this complexity and cost mean.
Some cultural products do require quite a bit of investment, yes. Others don't. How do content producers make the jump to produce expensive works?
If I am a new programmer/artist/writer/screenplayer/whatever, most likely, my products will be not very complex or expensive. I will start small. And if I excel at my work, somebody will look at me and, in some way, become my patron, my sponsor. Being a sponsor might mean that, based on the results of my good work, I could get hired as a software developer at a large company, or an editorial company would buy the patrimonial rights of my book/music (be it for a fixed fee or for a percentage of sales), or whatever. But the leap is not made quantically — A newcomer to the cultural scene will at first, most likely, have a hard time selling his products.
At first, it takes convincing just getting people to take a shot at looking at your work («Hey, please take a look at my program and tell me what you think about it!», «Would you be interested in listening to my latest song?» — And those two are by far ahead of the first attempts where the interactions would more likely be «Turn off that $#^#!^ computer, it's well past bedtime» or «stop murdering that guitar, I'm having a headache»). Maybe the toughest part is to get people to agree to read/hear your work. And there, you start into a continuum — Selling your CDs while performing on the street, then getting to play to a bar, then getting somebody to want to produce (maybe even "discover"!) you. Publish some short stories in your school magazine, then in a "From our audience" section in a larger magazine, then a collective book, your self-published book, yet-unwritten books by contract... The same story over and over again, in each different field.
Ok, yes, but... This logic succession still leaves space for the Important Producers with the Mighty Big Pockets for the most wanted/largest productions, right? And were unauthorized distribution (piracy) to be the norm (as it currently is, dare I say), wouldn't they stop producing an important portion of cultural works?
I'd be tempted to say so. However, a different actor comes into play. When Mighty Big Pockets comes into play, they no longer worry only about getting money from each cultural creation, but from all derived uses of it. And the cultural creation industry (when seen as an industry) goes very much hand in hand with the advertising, marketing industries — They end up blending with each other.
So, the biggest best sellers will most likely have a hit from illegal copiers. Books are still a great business, but hey — An even better business is (usually) movie making. And when you make a movie out of a great story, you will surely link some advertising into it (or at the very least, push advertising/product pushing campaigns to go after it). And there, illegal distribution actually helps the money circle to grow stronger. In the early 1990s, the link between dinosaurs and carbonated drinks was a top seller (because Pepsi™ was a Jurassic Park® sponsor). Although I have always loathed the madness around the World Cups (and basically anything that involves football of any kind), I can perfectly remember several of the theme songs for most of the world cups played during my lifetime.
So, in short... No. Illegal distribution does marginally little harm to the money income to the cultural business, at any level. And where it does get some direct harm, it increases the money flux given the auxiliary channels.
The third lesson of the «Arte y cultura en circulación: crear y compartir en tiempos digitales» course was quite easy, at least for me, as it's one of the topics I've been involved with for a long time: Authors' rights and ways to exercise them.
This lesson starts by talking about the paradoxes created in the reality beneath copyright mostly due to the zero-cost-for-perfect-copy reality we live in today, and then goes on to introduce the most widely spread licensing schemes for cultural works nowadays: The Creative Commons licensing schemes.
What I felt very interesting is that the lesson tackles the most common issues raised by authors choosing CC licensing: The Non-Commercial and Non-Derivatives restrictions. While authors are usually not very hard to convince about the virtues (and their personal benefit) in CC licensing, it's usually hard for authors to accept and relinquish the "locks" on non-derivability and non-commercial-use.
Now, as to the homework: This time, I have to admit it was a no-brainer to me. The homework was to take part of a "Licenciatón": Publish some work under a open or free license (a work of any kind; it can be text, photo, video, etc.; it can be a new or a pre-existing work) and argue as to why did you choose said license.
Even the act of writing this blog post means I'm releasing some work. The bottom of my blog reads, «All the material found at this site is freely available, and you can use it as you wish, except when the document mentions explicitly different conditions.» Yes, this is not a widely known, preexisting licensing scheme, and more or less goes along the lines of CC0 — There are some good things I have posted in this blog, some things I am proud about. This post goes more towards the average quality: Not adding anything of great value to the world, just reiterating/reposting what is already said. But I know this blog is syndicated over several different places, and its content might be copied over to other places. I don't need to know or be notified about it. I just care for people to be able to reach back if they want to do it.
But, of course, if I'm asked to do a homework, I prefer not to have it so self-referential. What else to license?
We are over halfway across the Wiki Loves Monuments contest for 2013. This year I am clearly not as active on it as I was last year, but yesterday I uploaded about 60 photos from our recent trips, from historical monuments in some towns/cities within ~150Km of Mexico City: Puebla, Tlaxcala, Cacaxtla, Toluca, Santiago Tianguistenco. I intend to upload more. Those photos are licensed CC-BY-SA. Why? Mainly, because it is the defaul for the contest. One of the lessons learned working on Debian is that the less the license I choose deviates from what the upstream authors of a larger project prefer, the more useful my work will be. And being Wikimedia a host of many related projects, I prefer to completely abide by their recommendations unless there is a real, strong reason not to do so.
Also, I know that at least most the photos I am uploading are not of contest quality (although some are quite nice, but we don't take that long to take a shot, and our camera is probably too basic to get a quality shot, if not by mere chance). I am using the WLM contest as an excuse to categorize and upload my pictures — Of course, I'm not including personal photos, but... If I found a building, place or landscape interesting enough to take a photo of, why not make said photo available for whoever needs it, in a canonical, easy to reach media repository (as Wikimedia Commons) is)?
And finally, I think it's time to start getting more open and forward-going with a project that I have been giving a lot of work during the past year, a project that has been even eating quite a bit of my Debian time: My upcoming book. While this book is not yet freely licensed (it is freely distributed online, but does not yet have an explicit license, and I mention it on my teaching/project page. Why? Because it still has some figures and data which are not mine, and which I have to re-elaborate to be able to legally license it.
But anyway — I am writing a book on the subject of Operating Systems, and am basing my teaching on it. The first semester was basically hell for me, as I was working almost full time on it, and needed to allocate some time as well to the rest of my formal work. This second semester has been quite smoother. And there is a very important (to me) initiative to which I (or should I now start saying, we) submitted this work: The LATIn Project: An initiative to collaboratively create quality, freely redistributable text books for the university level, natively in Spanish, for their use in Latin American countries.
I was not able to propose this book due to some formalities — Projects have to be proposed by professors in participant universities, and UNAM is not one of them. However, I offered this work to people in the Universidad Nacional de Rosario, Argentina, and they managed to push the project forward. Together with people from Universidad Autónoma de Aguascalientes (México) and Universidad del Cauca (Colombia), the project was approved by LATIn.
And this LATIn project can also be seen as a why do you agree to license your work this way? candidate: I have already written most of what I'd be happy to call a full book. Of course, I do expect my colleagues to chime in with more content, and I expect us to produce a true collaborative project. But as I am not part of the member universities, they will get paid for their contribution — And not me. What do I have to gain from this?
More than anything else, the circulation of my work. I'm sure that, were I to publish from UNAM, I would have a good projection. I was (am!) thinking of looking for opportunities to present the book to teachers on the subject, as well as to computing engineering/science students, but the most attractive part (for me) for LATIn is that part of the prize will be that the book will be used to base work on for teaching at least during 2014 in the three said universities — And of course, my/our work will only start then, as we will have to further circulate the work.
Anyway... I expected this post to be small. But as you can see, I am happy with important work perspectives :-)