Aigrain - Sharing - Versionsgeschichte

62.178.121.8: /* '''On orphan works:''' */

62.178.121.8 — Fri, 04 May 2012 11:33:10 GMT

'''On orphan works:'''

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	=== '''On orphan works:''' ===		=== '''On orphan works:''' ===
-	** "Unauthorized or tolerated sharing is of particular importance for orphan and out-of-publication works, categories that cover a very significant share of our culture." (p. 35)	+	* "Unauthorized or tolerated sharing is of particular importance for orphan and out-of-publication works, categories that cover a very significant share of our culture." (p. 35)
-	** "Though this may seem strange, some public organizations have also turned a large part of our public domain cultural heritage into a new form of property: heritage organizations such as libraries, museums and archives, often totally or predominantly funded by the public, claim exclusive rights on the digitized versions of these works, and fail to give access to them under conditions that respect the rights of everyone towards the public domain." (p. 35)	+	* "Though this may seem strange, some public organizations have also turned a large part of our public domain cultural heritage into a new form of property: heritage organizations such as libraries, museums and archives, often totally or predominantly funded by the public, claim exclusive rights on the digitized versions of these works, and fail to give access to them under conditions that respect the rights of everyone towards the public domain." (p. 35)

	===''' File sharing increases diversity of attention:''' ===		===''' File sharing increases diversity of attention:''' ===

62.178.121.8: /* '''On changing business strategies by majors:''' */

62.178.121.8 — Fri, 04 May 2012 11:32:58 GMT

'''On changing business strategies by majors:'''

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	=== '''On changing business strategies by majors:''' ===		=== '''On changing business strategies by majors:''' ===
-	** "Just when more titles than ever were published on records and DVDs, the majors have chosen to restrict their offer: the number of music titles distributed by major companies has shrunk by a factor 4 or 5 at least. (...) a key foundation of their present business models is their ability to concentrate the public’s attention on a limited set of works. (...) This is clearly at loggerheads with the trends favored by sharing: increased diversity of attention and enlarged range of accessible works." (p. 44)	+	* "Just when more titles than ever were published on records and DVDs, the majors have chosen to restrict their offer: the number of music titles distributed by major companies has shrunk by a factor 4 or 5 at least. (...) a key foundation of their present business models is their ability to concentrate the public’s attention on a limited set of works. (...) This is clearly at loggerheads with the trends favored by sharing: increased diversity of attention and enlarged range of accessible works." (p. 44)
-	** "Major publishers have reacted to their inability to enforce their exclusivity on the distribution of digital works by restricting supply and focusing marketing on a small number of titles. This has so far enabled them to maintain and even increase per-work profits, but at the cost of a reduction in the overall size of the market and of the resulting income for all but a few artists." (p. 50)	+	* "Major publishers have reacted to their inability to enforce their exclusivity on the distribution of digital works by restricting supply and focusing marketing on a small number of titles. This has so far enabled them to maintain and even increase per-work profits, but at the cost of a reduction in the overall size of the market and of the resulting income for all but a few artists." (p. 50)

	== Backlinks ==		== Backlinks ==
	[[Buchverzeichnis]]		[[Buchverzeichnis]]

62.178.121.8: /* ''' File sharing increases diversity of attention:''' */

62.178.121.8 — Fri, 04 May 2012 11:32:47 GMT

''' File sharing increases diversity of attention:'''

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	===''' File sharing increases diversity of attention:''' ===		===''' File sharing increases diversity of attention:''' ===
-	** "even if our estimates are revised in later studies, the strongly increased diversity of attention in this type of P2P file sharing compared to commercial downloads will still hold. These findings are consistent with those reported in a study using interviews of sharers (TNO 2009). However, we will see below that not all forms of sharing have so positive an effect on the diversity of attention to works: BitTorrent sharing appears to lead to a more concentrated access to works." (pp. 40-41)	+	* "even if our estimates are revised in later studies, the strongly increased diversity of attention in this type of P2P file sharing compared to commercial downloads will still hold. These findings are consistent with those reported in a study using interviews of sharers (TNO 2009). However, we will see below that not all forms of sharing have so positive an effect on the diversity of attention to works: BitTorrent sharing appears to lead to a more concentrated access to works." (pp. 40-41)
-	** When digital works are shared clandestinely, the resulting diversity of attention is lower than when sharing occurs in the open.	+	* When digital works are shared clandestinely, the resulting diversity of attention is lower than when sharing occurs in the open.

	=== '''On changing business strategies by majors:''' ===		=== '''On changing business strategies by majors:''' ===

62.178.121.8: /* '''On non-market sharing practices:''' */

62.178.121.8 — Fri, 04 May 2012 11:27:42 GMT

'''On non-market sharing practices:'''

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	** "It is thus in the ‘non-market’ sphere that the advantages of the information revolution are most evident: access to works and knowledge and evaluation of their interest, distributed co-operation towards the production of informational tools such as software, collaborative media, etc." (p. 28)		** "It is thus in the ‘non-market’ sphere that the advantages of the information revolution are most evident: access to works and knowledge and evaluation of their interest, distributed co-operation towards the production of informational tools such as software, collaborative media, etc." (p. 28)
	** "In the information era, cultural practices are growing at an unprecedented rate, precisely as a result of the fact that they are, for the most part, non-market. These new activities cannot be financed only by traditional means." (p. 50)		** "In the information era, cultural practices are growing at an unprecedented rate, precisely as a result of the fact that they are, for the most part, non-market. These new activities cannot be financed only by traditional means." (p. 50)
-	** Internet usage in the non-market sphere is an extraordinary tool for the discov- ery of new works, precisely because it is not hindered by monetary transactions or decisions on how to allocate funds." (p. 81)	+	** Internet usage in the non-market sphere is an extraordinary tool for the discovery of new works, precisely because it is not hindered by monetary transactions or decisions on how to allocate funds." (p. 81)
-	** "The key promise of information technology and the Internet is to enable a many- to-all cultural society, a world in which very many people contribute works or productions that are accessible to all, many of these works deserving the interest of some, and a significant number the interest of many." (p. 93)	+	** "The key promise of information technology and the Internet is to enable a manyto-all cultural society, a world in which very many people contribute works or productions that are accessible to all, many of these works deserving the interest of some, and a significant number the interest of many." (p. 93)

	=== '''Moral Rights''' ===		=== '''Moral Rights''' ===

91.64.123.203 um 08:16, 26. Apr 2012

91.64.123.203 — Thu, 26 Apr 2012 08:16:37 GMT

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	* "Of course, a proposal for mandatory inclusion would have to be consistent with copyright law. If – as is likely – it is considered an exception or limitation, it will have to pass the three-step test. As discussed above, this is difficult only if one adopts a fundamentalist approach to exclusive rights. It is worth noting that the schemes that contribute most author rights and copyright revenues today would also be considered illegal under such an approach. We will cover the third step of the test (“does not unreasonably prejudice the legitimate interests of the author”)" (p. 83)		* "Of course, a proposal for mandatory inclusion would have to be consistent with copyright law. If – as is likely – it is considered an exception or limitation, it will have to pass the three-step test. As discussed above, this is difficult only if one adopts a fundamentalist approach to exclusive rights. It is worth noting that the schemes that contribute most author rights and copyright revenues today would also be considered illegal under such an approach. We will cover the third step of the test (“does not unreasonably prejudice the legitimate interests of the author”)" (p. 83)
	* User obligations (p. 86):		* User obligations (p. 86):
-	** "They must respect the right to attribution of works to their authors, as ex- pressed in the Bern Convention."	+	** "They must respect the right to attribution of works to their authors, as expressed in the Bern Convention."
	** "Users must also abstain from removing or tampering with the unique identifiers included in files representing works, which are used for the collection of data needed to reward creators." (p. 86)		** "Users must also abstain from removing or tampering with the unique identifiers included in files representing works, which are used for the collection of data needed to reward creators." (p. 86)
	* "Intermediaries and commercial services: When an activity is legitimate and legal, providing means to do it must also be legal, whether it is done free-of-charge or against payment. (...) (a) Any service that does not give access directly to works, but only points users to where and how they can obtain them from other individuals, should be recognized as legal, whether it is free-of-charge and advertising-free, or not. (...) (b) Services which use advertising or subscription to give access to contents directly, whether for download or streaming, are clearly excluded from the benefit of the right to non-market sharing." (p. 87)		* "Intermediaries and commercial services: When an activity is legitimate and legal, providing means to do it must also be legal, whether it is done free-of-charge or against payment. (...) (a) Any service that does not give access directly to works, but only points users to where and how they can obtain them from other individuals, should be recognized as legal, whether it is free-of-charge and advertising-free, or not. (...) (b) Services which use advertising or subscription to give access to contents directly, whether for download or streaming, are clearly excluded from the benefit of the right to non-market sharing." (p. 87)

91.64.123.203: /* Exzerpt */

91.64.123.203 — Thu, 26 Apr 2012 08:16:14 GMT

Exzerpt

91.64.123.203: /* Exzerpt */

91.64.123.203 — Thu, 26 Apr 2012 08:14:24 GMT

Exzerpt

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	** 1. "Everyone who has access to broadband Internet benefits, or will benefit, from the digital cultural commons, of which sharing is a key enabler. It is thus legitimate to ask everyone to contribute to the existence of the works that populate these commons, to their quality and to the recognition of this quality. This contribution must come with cleared stated rights, and each contributor must have effective powers to choose how this contribution will be used.		** 1. "Everyone who has access to broadband Internet benefits, or will benefit, from the digital cultural commons, of which sharing is a key enabler. It is thus legitimate to ask everyone to contribute to the existence of the works that populate these commons, to their quality and to the recognition of this quality. This contribution must come with cleared stated rights, and each contributor must have effective powers to choose how this contribution will be used.
	** 2. "The first aim of this contribution is to reward creators and other contributors to works.		** 2. "The first aim of this contribution is to reward creators and other contributors to works.
-	** 3. "t is also legitimate to ask the users of an Internet where non-market sharing is free to contribute to the production of digital works whose creation re- quires upstream investment. However, this contribution must bear a relation to the extent to which these works are targeted to or used on the Internet. (...) The allocation of funds for support to production can be entirely based on contributor preferences.	+	** 3. "t is also legitimate to ask the users of an Internet where non-market sharing is free to contribute to the production of digital works whose creation requires upstream investment. However, this contribution must bear a relation to the extent to which these works are targeted to or used on the Internet. (...) The allocation of funds for support to production can be entirely based on contributor preferences.
	** 4. "Finally, it is also important to support an environment where interesting works can be detected and recognized. This calls for numerous actors and functionality enabling the users to find, recognize, and construct quality in a sea of works."		** 4. "Finally, it is also important to support an environment where interesting works can be detected and recognized. This calls for numerous actors and functionality enabling the users to find, recognize, and construct quality in a sea of works."

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	** "Just when more titles than ever were published on records and DVDs, the majors have chosen to restrict their offer: the number of music titles distributed by major companies has shrunk by a factor 4 or 5 at least. (...) a key foundation of their present business models is their ability to concentrate the public’s attention on a limited set of works. (...) This is clearly at loggerheads with the trends favored by sharing: increased diversity of attention and enlarged range of accessible works." (p. 44)		** "Just when more titles than ever were published on records and DVDs, the majors have chosen to restrict their offer: the number of music titles distributed by major companies has shrunk by a factor 4 or 5 at least. (...) a key foundation of their present business models is their ability to concentrate the public’s attention on a limited set of works. (...) This is clearly at loggerheads with the trends favored by sharing: increased diversity of attention and enlarged range of accessible works." (p. 44)
	** "Major publishers have reacted to their inability to enforce their exclusivity on the distribution of digital works by restricting supply and focusing marketing on a small number of titles. This has so far enabled them to maintain and even increase per-work profits, but at the cost of a reduction in the overall size of the market and of the resulting income for all but a few artists." (p. 50)		** "Major publishers have reacted to their inability to enforce their exclusivity on the distribution of digital works by restricting supply and focusing marketing on a small number of titles. This has so far enabled them to maintain and even increase per-work profits, but at the cost of a reduction in the overall size of the market and of the resulting income for all but a few artists." (p. 50)
-

	== Backlinks ==		== Backlinks ==
	[[Buchverzeichnis]]		[[Buchverzeichnis]]

91.64.123.203 um 16:29, 22. Apr 2012

91.64.123.203 — Sun, 22 Apr 2012 16:29:18 GMT

(Unterschied zwischen Versionen)

91.64.123.203: /* Exzerpt */

91.64.123.203 — Sun, 22 Apr 2012 14:45:22 GMT

Exzerpt

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	* "During the first years of development of the Web, the media industry largely ignored it. Retrospectively, it seems that it simply did not fit their world view, precisely because of its non-market character." (p. 35)		* "During the first years of development of the Web, the media industry largely ignored it. Retrospectively, it seems that it simply did not fit their world view, precisely because of its non-market character." (p. 35)
	* Different sharing licenses: "Meanwhile, the first license explicitly authorizing sharing at least for non-commercial use, the Open Content License, was released in July 1998, soon followed by the GNU Free Documentation License in March 2000, the Licence Art Libre (Free Art License) in July 2000, and the Creative Commons Licenses in December 2002. As we have already mentioned, the unauthorized sharing of copyrighted material underwent something of an explosion in the same period with the birth of Napster." (p. 33)		* Different sharing licenses: "Meanwhile, the first license explicitly authorizing sharing at least for non-commercial use, the Open Content License, was released in July 1998, soon followed by the GNU Free Documentation License in March 2000, the Licence Art Libre (Free Art License) in July 2000, and the Creative Commons Licenses in December 2002. As we have already mentioned, the unauthorized sharing of copyrighted material underwent something of an explosion in the same period with the birth of Napster." (p. 33)
-	* The role of collecting societies:	+	* '''The role of collecting societies:'''
	** "The situation is different for some media that preexisted the Web, in particular recorded music and moving image, and more recently books. There, certain players have such a degree of control over the commercial distribution, promotion and revenue sources that they can dissuade many artists or producers from practicing voluntary sharing. In some cases, dissuasion is replaced by prohibition: collecting societies for music in Europe almost always require their members to give an exclusive management mandate for all rights on all works. This effectively forbids authors from explicitly authorizing non-commercial sharing of their works between individuals." (p. 35)		** "The situation is different for some media that preexisted the Web, in particular recorded music and moving image, and more recently books. There, certain players have such a degree of control over the commercial distribution, promotion and revenue sources that they can dissuade many artists or producers from practicing voluntary sharing. In some cases, dissuasion is replaced by prohibition: collecting societies for music in Europe almost always require their members to give an exclusive management mandate for all rights on all works. This effectively forbids authors from explicitly authorizing non-commercial sharing of their works between individuals." (p. 35)
	** "One of our key policy recommendations is that the publication of the distribution data for rights collected by collecting societies from each type of source should be required by law. " (p. 39)		** "One of our key policy recommendations is that the publication of the distribution data for rights collected by collecting societies from each type of source should be required by law. " (p. 39)
		+	* '''On orphan works:'''
		+	** "Unauthorized or tolerated sharing is of particular importance for orphan and out-of-publication works, categories that cover a very significant share of our culture." (p. 35)
		+	** "Though this may seem strange, some public organizations have also turned a large part of our public domain cultural heritage into a new form of property: heritage organizations such as libraries, museums and archives, often totally or predominantly funded by the public, claim exclusive rights on the digitized versions of these works, and fail to give access to them under conditions that respect the rights of everyone towards the public domain." (p. 35)
	* File sharing increases diversity of attention:		* File sharing increases diversity of attention:
-	* On orphan works: "Unauthorized or tolerated sharing is of particular importance for orphan and out-of-publication works, categories that cover a very significant share of our culture." (p. 35)
-	* "Though this may seem strange, some public organizations have also turned a large part of our public domain cultural heritage into a new form of property: heritage organizations such as libraries, museums and archives, often totally or predominantly funded by the public, claim exclusive rights on the digitized versions of these works, and fail to give access to them under conditions that respect the rights of everyone towards the public domain." (p. 35)
	** "even if our estimates are revised in later studies, the strongly increased diversity of attention in this type of P2P file sharing compared to commercial downloads will still hold. These findings are consistent with those reported in a study using interviews of sharers (TNO 2009). However, we will see below that not all forms of sharing have so positive an effect on the diversity of attention to works: BitTorrent sharing appears to lead to a more concentrated access to works." (pp. 40-41)		** "even if our estimates are revised in later studies, the strongly increased diversity of attention in this type of P2P file sharing compared to commercial downloads will still hold. These findings are consistent with those reported in a study using interviews of sharers (TNO 2009). However, we will see below that not all forms of sharing have so positive an effect on the diversity of attention to works: BitTorrent sharing appears to lead to a more concentrated access to works." (pp. 40-41)
	** When digital works are shared clandestinely, the resulting diversity of attention is lower than when sharing occurs in the open.		** When digital works are shared clandestinely, the resulting diversity of attention is lower than when sharing occurs in the open.
-	* On changing business strategies by majors:	+	* '''On changing business strategies by majors:'''
	** "Just when more titles than ever were published on records and DVDs, the majors have chosen to restrict their offer: the number of music titles distributed by major companies has shrunk by a factor 4 or 5 at least. (...) a key foundation of their present business models is their ability to concentrate the public’s attention on a limited set of works. (...) This is clearly at loggerheads with the trends favored by sharing: increased diversity of attention and enlarged range of accessible works." (p. 44)		** "Just when more titles than ever were published on records and DVDs, the majors have chosen to restrict their offer: the number of music titles distributed by major companies has shrunk by a factor 4 or 5 at least. (...) a key foundation of their present business models is their ability to concentrate the public’s attention on a limited set of works. (...) This is clearly at loggerheads with the trends favored by sharing: increased diversity of attention and enlarged range of accessible works." (p. 44)
-		+	** "Major publishers have reacted to their inability to enforce their exclusivity on the distribution of digital works by restricting supply and focusing marketing on a small number of titles. This has so far enabled them to maintain and even increase per-work profits, but at the cost of a reduction in the overall size of the market and of the resulting income for all but a few artists." (p. 50)
-		+	* "If and when file sharing is recognized as a legitimate activity, it will become possible for users to choose technology and services based on their merits and properties, and not just because it is less risky to use one than the other. This would transform the current situation not because of the existence of file sharing, whose already massive scale would increase yet further, but because of the official legitimacy of exchange practices. It would result in a wider attention to creative works and a better recognition of their authors. The diversity of works able to reach a significant audience would vastly increase. The quality of the digital representation of shared works would be much improved. New services would emerge to support these exchanges. Creators and producers would compete to set up the most productive relationships between individuals and the other cornerstones of the creative economy, namely on-line artistic communities, services such as concerts, teaching or projection in theaters, or new forms of publishing on carriers such as collector sets and mixed-media publishing." (p. 47)
-		+	* "There exists a caricatural view of the Internet, which prevents a constructive reflection on financial resources for creative activities and culture. (...) As for the black hole scenario, it is factually erroneous: whatever negative impact results from the development of non-market sharing will be limited, and will affect only certain forms of cultural economic activities and sources of income for authors, whilst others will be affected positively." (p. 49)
-		+	* "the overall economy of music has never stopped growing, if one considers not just the market for recorded music, but also concerts, teaching and instruments" (p. 50)
-		+	* '''On non-market sharing practices:'''
-		+	** "In the information era, cultural practices are growing at an unprecedented rate, precisely as a result of the fact that they are, for the most part, non-market. These new activities cannot be financed only by traditional means." (p. 50)

	== Backlinks ==		== Backlinks ==
	[[Buchverzeichnis]]		[[Buchverzeichnis]]

91.64.123.203: /* Exzerpt */

91.64.123.203 — Sun, 22 Apr 2012 14:39:26 GMT

Exzerpt

← Nächstältere Version		Version vom 14:39, 22. Apr 2012
Zeile 4:		Zeile 4:

	== Exzerpt ==		== Exzerpt ==
-	* "If we recognize that individuals have a right to share digital works between themselves, how can we make sure that many will be fairly financed and re- warded for producing these works?" (p. 22)	+	* "If we recognize that individuals have a right to share digital works between themselves, how can we make sure that many will be fairly financed and rewarded for producing these works?" (p. 22)
	* "Authors, performers, and contributors of all kinds will only support the recognition of the right to share if credible approaches to the sustainability of cultural activities are on the table." (p. 23)		* "Authors, performers, and contributors of all kinds will only support the recognition of the right to share if credible approaches to the sustainability of cultural activities are on the table." (p. 23)
	* "(M)aking sharing a crime will not stop it, but it might prevent it from achieving its cultural potential." (p. 25)		* "(M)aking sharing a crime will not stop it, but it might prevent it from achieving its cultural potential." (p. 25)
	* "It is thus in the ‘non-market’ sphere that the advantages of the information revolution are most evident: access to works and knowledge and evaluation of their interest, distributed co-operation towards the production of informational tools such as software, collaborative media, etc." (p. 28)		* "It is thus in the ‘non-market’ sphere that the advantages of the information revolution are most evident: access to works and knowledge and evaluation of their interest, distributed co-operation towards the production of informational tools such as software, collaborative media, etc." (p. 28)
	* "sharing between individuals leads to very different practices in comparison to downloads or streaming from centralized sites: when individuals decide what to make available to others (and this could be all the documents they have in digital form), what they share directly reflects their preferences. By contrast, on centralized sites, there is a bias towards specific contents which are made more visible than others, either through advertising or because many other people are accessing them." (p. 29)		* "sharing between individuals leads to very different practices in comparison to downloads or streaming from centralized sites: when individuals decide what to make available to others (and this could be all the documents they have in digital form), what they share directly reflects their preferences. By contrast, on centralized sites, there is a bias towards specific contents which are made more visible than others, either through advertising or because many other people are accessing them." (p. 29)
-	* "Pooling libraries is an old dream, already present in antiquity. The Ptolemies implemented it in a somewhat centralized and confiscatory manner: every ship landing in Alex- andria was required to hand over any papyrus scrolls on board to the Library of Alexandria, where they were kept, the original owners receiving only a copy (Philips 2010)." (p. 30)	+	* "Pooling libraries is an old dream, already present in antiquity. The Ptolemies implemented it in a somewhat centralized and confiscatory manner: every ship landing in Alexandria was required to hand over any papyrus scrolls on board to the Library of Alexandria, where they were kept, the original owners receiving only a copy (Philips 2010)." (p. 30)
		+	* "Sharing as cultural empowerment": "Sharing is an act of making something available to others, just like – in a more minor way – recommending a work to someone or – in a more involved way – re-using one in a creative process. This is why, even when one is not the author of a digital work, sharing it with others is a step towards cultural empowerment. This step is particularly important, because it can be practiced by all, at a very limited entry cost." (p. 32)
		+	* "(W)e focus only on two dimensions of cultural diversity: the range of works that are accessible to users in practice, and the diversity of attention given by users to works in various media." (p. 33)
		+	* "During the first years of development of the Web, the media industry largely ignored it. Retrospectively, it seems that it simply did not fit their world view, precisely because of its non-market character." (p. 35)
		+	* Different sharing licenses: "Meanwhile, the first license explicitly authorizing sharing at least for non-commercial use, the Open Content License, was released in July 1998, soon followed by the GNU Free Documentation License in March 2000, the Licence Art Libre (Free Art License) in July 2000, and the Creative Commons Licenses in December 2002. As we have already mentioned, the unauthorized sharing of copyrighted material underwent something of an explosion in the same period with the birth of Napster." (p. 33)
		+	* The role of collecting societies:
		+	** "The situation is different for some media that preexisted the Web, in particular recorded music and moving image, and more recently books. There, certain players have such a degree of control over the commercial distribution, promotion and revenue sources that they can dissuade many artists or producers from practicing voluntary sharing. In some cases, dissuasion is replaced by prohibition: collecting societies for music in Europe almost always require their members to give an exclusive management mandate for all rights on all works. This effectively forbids authors from explicitly authorizing non-commercial sharing of their works between individuals." (p. 35)
		+	** "One of our key policy recommendations is that the publication of the distribution data for rights collected by collecting societies from each type of source should be required by law. " (p. 39)
		+	* File sharing increases diversity of attention:
		+	* On orphan works: "Unauthorized or tolerated sharing is of particular importance for orphan and out-of-publication works, categories that cover a very significant share of our culture." (p. 35)
		+	* "Though this may seem strange, some public organizations have also turned a large part of our public domain cultural heritage into a new form of property: heritage organizations such as libraries, museums and archives, often totally or predominantly funded by the public, claim exclusive rights on the digitized versions of these works, and fail to give access to them under conditions that respect the rights of everyone towards the public domain." (p. 35)
		+	** "even if our estimates are revised in later studies, the strongly increased diversity of attention in this type of P2P file sharing compared to commercial downloads will still hold. These findings are consistent with those reported in a study using interviews of sharers (TNO 2009). However, we will see below that not all forms of sharing have so positive an effect on the diversity of attention to works: BitTorrent sharing appears to lead to a more concentrated access to works." (pp. 40-41)
		+	** When digital works are shared clandestinely, the resulting diversity of attention is lower than when sharing occurs in the open.
		+	* On changing business strategies by majors:
		+	** "Just when more titles than ever were published on records and DVDs, the majors have chosen to restrict their offer: the number of music titles distributed by major companies has shrunk by a factor 4 or 5 at least. (...) a key foundation of their present business models is their ability to concentrate the public’s attention on a limited set of works. (...) This is clearly at loggerheads with the trends favored by sharing: increased diversity of attention and enlarged range of accessible works." (p. 44)
		+
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		+
		+	== Backlinks ==
		+	[[Buchverzeichnis]]

← Nächstältere Version		Version vom 08:16, 26. Apr 2012
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	* "So yes, indeed, there has been a displacement from decentralized file sharing towards streaming and centralized downloads, but it is the product of a bad policy, and it is already creating problems that will no doubt serve as an excuse to implement worse policy (attacks against network neutrality)." (p. 163)		* "So yes, indeed, there has been a displacement from decentralized file sharing towards streaming and centralized downloads, but it is the product of a bad policy, and it is already creating problems that will no doubt serve as an excuse to implement worse policy (attacks against network neutrality)." (p. 163)

-	* '''Fundamentals of the Creative Contribution system''' (pp. 54-55):	+	=== '''Fundamentals of the Creative Contribution system''' (pp. 54-55) ===
	** 1. "Everyone who has access to broadband Internet benefits, or will benefit, from the digital cultural commons, of which sharing is a key enabler. It is thus legitimate to ask everyone to contribute to the existence of the works that populate these commons, to their quality and to the recognition of this quality. This contribution must come with cleared stated rights, and each contributor must have effective powers to choose how this contribution will be used.		** 1. "Everyone who has access to broadband Internet benefits, or will benefit, from the digital cultural commons, of which sharing is a key enabler. It is thus legitimate to ask everyone to contribute to the existence of the works that populate these commons, to their quality and to the recognition of this quality. This contribution must come with cleared stated rights, and each contributor must have effective powers to choose how this contribution will be used.
	** 2. "The first aim of this contribution is to reward creators and other contributors to works.		** 2. "The first aim of this contribution is to reward creators and other contributors to works.
Zeile 58:		Zeile 58:
	** 4. "Finally, it is also important to support an environment where interesting works can be detected and recognized. This calls for numerous actors and functionality enabling the users to find, recognize, and construct quality in a sea of works."		** 4. "Finally, it is also important to support an environment where interesting works can be detected and recognized. This calls for numerous actors and functionality enabling the users to find, recognize, and construct quality in a sea of works."

-	** '''"the principles of a new social pact"''' (p. 76):	+	=== '''"the principles of a new social pact"''' (p. 76)===
-	* "1. The non-market sharing of digitally published works between individuals is a legitimate right of all."	+	** "1. The non-market sharing of digitally published works between individuals is a legitimate right of all."
-	* "2. All who have access to this particular form of cultural commons have a duty to contribute adequately to its existence through a flat-rate Creative Contribution."	+	** "2. All who have access to this particular form of cultural commons have a duty to contribute adequately to its existence through a flat-rate Creative Contribution."
-	* "3. The amount and distribution of this contribution must respect a number of principles regarding: the revenues of individual creators, the financing of the production of new works, the equitable character of the distribution in relation to activities conducted over the Internet, and the impact on the welfare of all."	+	** "3. The amount and distribution of this contribution must respect a number of principles regarding: the revenues of individual creators, the financing of the production of new works, the equitable character of the distribution in relation to activities conducted over the Internet, and the impact on the welfare of all."

-	* '''Reward distribution''':	+	=== '''Reward distribution'''===
	** "A reward system must transform the ranked distribution of usage per contributor into another distribution, of financial rewards." (p. 93)		** "A reward system must transform the ranked distribution of usage per contributor into another distribution, of financial rewards." (p. 93)
	** "If a given work is 3 times more popular than another, should the corresponding reward be 3 times larger? Less? More? Many people assume that rewards must be proportional to use. This is definitely not the case in the existing copyright systems, where the royalties grow more than proportionally to the sales. A best selling author will receive 50%, or even 100% more royalties for each book sold than most authors. This trend is even more pronounced for music. On the other hand, as we will see, in the digital world there are excellent arguments to justify a less-than-proportional reward function." (p. 94)		** "If a given work is 3 times more popular than another, should the corresponding reward be 3 times larger? Less? More? Many people assume that rewards must be proportional to use. This is definitely not the case in the existing copyright systems, where the royalties grow more than proportionally to the sales. A best selling author will receive 50%, or even 100% more royalties for each book sold than most authors. This trend is even more pronounced for music. On the other hand, as we will see, in the digital world there are excellent arguments to justify a less-than-proportional reward function." (p. 94)
Zeile 70:		Zeile 70:
	** "There are also limits on the minimum reward to be distributed to an individual, for two related reasons: transaction costs, and the social acceptance of the reward system." (p. 97)		** "There are also limits on the minimum reward to be distributed to an individual, for two related reasons: transaction costs, and the social acceptance of the reward system." (p. 97)

-	* '''The register''' (p. 150):	+	=== '''The register''' (p. 150) ===
	** "in the context of a reward system for a legal activity, there is fortunately a much simpler approach: let the producers of works identify them voluntarily, by registering and tagging them." (p.150)		** "in the context of a reward system for a legal activity, there is fortunately a much simpler approach: let the producers of works identify them voluntarily, by registering and tagging them." (p.150)
	** "The US Copyright Register contains 61 million entries, of which 16 million are in a digital database." (p. 150)		** "The US Copyright Register contains 61 million entries, of which 16 million are in a digital database." (p. 150)
Zeile 78:		Zeile 78:
	** "in addition to the abusive registration of works, one possible form of fraud could be the production and dissemination of copies of works in which the digital identifier has been replaced by the identifier of another work. This can be prevented and detected relatively easily using cryptographic integrity checks." (p. 151)		** "in addition to the abusive registration of works, one possible form of fraud could be the production and dissemination of copies of works in which the digital identifier has been replaced by the identifier of another work. This can be prevented and detected relatively easily using cryptographic integrity checks." (p. 151)

-	* '''On non-market sharing practices:'''	+	=== '''On non-market sharing practices:'''===
	** "(M)aking sharing a crime will not stop it, but it might prevent it from achieving its cultural potential." (p. 25)		** "(M)aking sharing a crime will not stop it, but it might prevent it from achieving its cultural potential." (p. 25)
	** "It is thus in the ‘non-market’ sphere that the advantages of the information revolution are most evident: access to works and knowledge and evaluation of their interest, distributed co-operation towards the production of informational tools such as software, collaborative media, etc." (p. 28)		** "It is thus in the ‘non-market’ sphere that the advantages of the information revolution are most evident: access to works and knowledge and evaluation of their interest, distributed co-operation towards the production of informational tools such as software, collaborative media, etc." (p. 28)
Zeile 85:		Zeile 85:
	** "The key promise of information technology and the Internet is to enable a many- to-all cultural society, a world in which very many people contribute works or productions that are accessible to all, many of these works deserving the interest of some, and a significant number the interest of many." (p. 93)		** "The key promise of information technology and the Internet is to enable a many- to-all cultural society, a world in which very many people contribute works or productions that are accessible to all, many of these works deserving the interest of some, and a significant number the interest of many." (p. 93)

-	* Moral Rights:	+	=== '''Moral Rights''' ===
	** "Aside from the limitation to non-market exchanges, we have not so far defined the rights that the mechanism we propose would give to Internet users, nor the associated obligations. In terms of rights, one can envisage two approaches: (1) restrict them to reproduction and communication to the public: each and everyone can receive works, send them and make them available to others (and of course read, view and listen to them, etc...); (2) also include remix rights to produce modified works based on the works included in the mechanism." (pp. 84-85)		** "Aside from the limitation to non-market exchanges, we have not so far defined the rights that the mechanism we propose would give to Internet users, nor the associated obligations. In terms of rights, one can envisage two approaches: (1) restrict them to reproduction and communication to the public: each and everyone can receive works, send them and make them available to others (and of course read, view and listen to them, etc...); (2) also include remix rights to produce modified works based on the works included in the mechanism." (pp. 84-85)
	* "However, legal constraints have been proven to be far from incompatible with authorizing remixes: in practice, many legal provisions authorize transformations (such as the insertion of advertising in movies) whose effect on the integrity of works is far from negligible." (p. 85)		* "However, legal constraints have been proven to be far from incompatible with authorizing remixes: in practice, many legal provisions authorize transformations (such as the insertion of advertising in movies) whose effect on the integrity of works is far from negligible." (p. 85)
Zeile 91:		Zeile 91:
	* "The recognition of a right to share is by no means the end of the debate on the scope of user rights, and fair use rights or exceptions are no less needed in an environment where sharing is recognized." (p. 86)		* "The recognition of a right to share is by no means the end of the debate on the scope of user rights, and fair use rights or exceptions are no less needed in an environment where sharing is recognized." (p. 86)

-	* '''The role of collecting societies:'''	+	=== '''The role of collecting societies:''' ===
	** "The situation is different for some media that preexisted the Web, in particular recorded music and moving image, and more recently books. There, certain players have such a degree of control over the commercial distribution, promotion and revenue sources that they can dissuade many artists or producers from practicing voluntary sharing. In some cases, dissuasion is replaced by prohibition: collecting societies for music in Europe almost always require their members to give an exclusive management mandate for all rights on all works. This effectively forbids authors from explicitly authorizing non-commercial sharing of their works between individuals." (p. 35)		** "The situation is different for some media that preexisted the Web, in particular recorded music and moving image, and more recently books. There, certain players have such a degree of control over the commercial distribution, promotion and revenue sources that they can dissuade many artists or producers from practicing voluntary sharing. In some cases, dissuasion is replaced by prohibition: collecting societies for music in Europe almost always require their members to give an exclusive management mandate for all rights on all works. This effectively forbids authors from explicitly authorizing non-commercial sharing of their works between individuals." (p. 35)
	** "One of our key policy recommendations is that the publication of the distribution data for rights collected by collecting societies from each type of source should be required by law. " (p. 39)		** "One of our key policy recommendations is that the publication of the distribution data for rights collected by collecting societies from each type of source should be required by law. " (p. 39)
Zeile 97:		Zeile 97:
	** "Collecting societies already set such thresholds on distributing the collected rights. They are criticized because of the manner in which the “undistributed” rewards are handled. The corresponding fees are collected (paid by users), but in most cases, they are distributed to the more favored beneficiaries, on a prorata basis following their other benefits. In other words, the least popular creators are made to subsidize the most successful. Such a problem will not exist in the case of the Creative Contribution: the amount of the fee is computed while excluding the rewards that are not distributed." (p. 97)		** "Collecting societies already set such thresholds on distributing the collected rights. They are criticized because of the manner in which the “undistributed” rewards are handled. The corresponding fees are collected (paid by users), but in most cases, they are distributed to the more favored beneficiaries, on a prorata basis following their other benefits. In other words, the least popular creators are made to subsidize the most successful. Such a problem will not exist in the case of the Creative Contribution: the amount of the fee is computed while excluding the rewards that are not distributed." (p. 97)

-	* '''On orphan works:'''	+	=== '''On orphan works:''' ===
	** "Unauthorized or tolerated sharing is of particular importance for orphan and out-of-publication works, categories that cover a very significant share of our culture." (p. 35)		** "Unauthorized or tolerated sharing is of particular importance for orphan and out-of-publication works, categories that cover a very significant share of our culture." (p. 35)
	** "Though this may seem strange, some public organizations have also turned a large part of our public domain cultural heritage into a new form of property: heritage organizations such as libraries, museums and archives, often totally or predominantly funded by the public, claim exclusive rights on the digitized versions of these works, and fail to give access to them under conditions that respect the rights of everyone towards the public domain." (p. 35)		** "Though this may seem strange, some public organizations have also turned a large part of our public domain cultural heritage into a new form of property: heritage organizations such as libraries, museums and archives, often totally or predominantly funded by the public, claim exclusive rights on the digitized versions of these works, and fail to give access to them under conditions that respect the rights of everyone towards the public domain." (p. 35)

-	*''' File sharing increases diversity of attention:'''	+	===''' File sharing increases diversity of attention:''' ===
	** "even if our estimates are revised in later studies, the strongly increased diversity of attention in this type of P2P file sharing compared to commercial downloads will still hold. These findings are consistent with those reported in a study using interviews of sharers (TNO 2009). However, we will see below that not all forms of sharing have so positive an effect on the diversity of attention to works: BitTorrent sharing appears to lead to a more concentrated access to works." (pp. 40-41)		** "even if our estimates are revised in later studies, the strongly increased diversity of attention in this type of P2P file sharing compared to commercial downloads will still hold. These findings are consistent with those reported in a study using interviews of sharers (TNO 2009). However, we will see below that not all forms of sharing have so positive an effect on the diversity of attention to works: BitTorrent sharing appears to lead to a more concentrated access to works." (pp. 40-41)
	** When digital works are shared clandestinely, the resulting diversity of attention is lower than when sharing occurs in the open.		** When digital works are shared clandestinely, the resulting diversity of attention is lower than when sharing occurs in the open.

-	* '''On changing business strategies by majors:'''	+	=== '''On changing business strategies by majors:''' ===
	** "Just when more titles than ever were published on records and DVDs, the majors have chosen to restrict their offer: the number of music titles distributed by major companies has shrunk by a factor 4 or 5 at least. (...) a key foundation of their present business models is their ability to concentrate the public’s attention on a limited set of works. (...) This is clearly at loggerheads with the trends favored by sharing: increased diversity of attention and enlarged range of accessible works." (p. 44)		** "Just when more titles than ever were published on records and DVDs, the majors have chosen to restrict their offer: the number of music titles distributed by major companies has shrunk by a factor 4 or 5 at least. (...) a key foundation of their present business models is their ability to concentrate the public’s attention on a limited set of works. (...) This is clearly at loggerheads with the trends favored by sharing: increased diversity of attention and enlarged range of accessible works." (p. 44)
	** "Major publishers have reacted to their inability to enforce their exclusivity on the distribution of digital works by restricting supply and focusing marketing on a small number of titles. This has so far enabled them to maintain and even increase per-work profits, but at the cost of a reduction in the overall size of the market and of the resulting income for all but a few artists." (p. 50)		** "Major publishers have reacted to their inability to enforce their exclusivity on the distribution of digital works by restricting supply and focusing marketing on a small number of titles. This has so far enabled them to maintain and even increase per-work profits, but at the cost of a reduction in the overall size of the market and of the resulting income for all but a few artists." (p. 50)