Tech
Michael Geist on E-publishing and the Law
Michael Geist, a University of Ottawa Law School professor and internationally renowned expert on law and the internet, outlined new distribution methods of information, what he terms "the new normal" during a talk at the MaRS Centre in Toronto March 6.
"People are creating not because of copyright, not because they are looking for compensation, but instead because they have the power to create, the desire to create, and the ability now to share it with the world," said Geist.
Things have changed a lot since Torontonian Cory Doctorow released his first science fiction novel and gave it away for free on the Internet as Creative Commons licensed download.
While Geist is perhaps best known for championing copyright reform legislation, his talk highlighted a number of new ways the internet and new technologies are playing in creativity and knowledge sharing.
He also identified some of the business and policy challenges that this creates for journalists today. A Q&A moderated by Sally Armstrong followed the talk.
Geist touched on some of the initiatives he wrote about on his blog, showed on a YouTube video and outlined on a Facebook group he started which together put copyright reform in the forefront of the minds of journalists and consumers alike.
This newfound interest was prompted by legislation that was supposed to be introduced Dec. 11, 2007, largely mirroring the U.S. Digital Millennium Copyright Act.
Geist's talk described many open source initiatives that are changing the way people think about access to information and services. Read on to discover what Geist terms "the new normal" in today's ever-evolving world....
One of these initiatives involved the Canadian Medical Association Journal (CMAJ), after a dispute with its editorial board over what they perceived to be editorial interference from the CMA said Geist.
"Those same medical professionals turned around and created an open access, peer-reviewed medical journal called Open Medicine," says Geist. "This software platform, created out of University of British Columbia and Simon Fraser University, is used by over a thousand open source journals, most of them coming from the developing world.
"They are now actively publishing under a Creative Commons license to not only make copies, but to build on the research and data that gets posted. They have found that they are doing things with Open Medicine that they simply couldn't do with the CMAJ.
"They have open chat forum, where experts debate the value of the research. And there can be an ongoing dialogue between people who are published as well as people who are reading and using that research. There are tremendous moves towards open access taking place certainly within the health field, but also in a range of other places with a distinctly Canadian flavour."

Geist cited other open source initiatives in other fields. One of them is Wikitravel, a free and reliable travel guide featuring up-to-date information on attractions, hotels, restaurants and travel tips. It started in 2003 and there are now over 30,000 guides with 10,000 edits each week, said Geist.
On Feb. 1 they launched WikiTravel Press, with paper-printed versions, published on Lulu, said Geist. "It's updated every 30 days. They plan to offer customized guides for three to four places you wish to travel, using technology along with open source to provide new ways of delivering services (and products) to consumers."
Geist went on to discuss some of the new technologies and distribution methods that help achieve goals of the new normal. Among them, Flickr, which Geist said he used to know as the world's leading photo sharing site, started by a British Columbia couple.
"Flickr now has more than two billion photos distributed, hundreds of millions of which are Creative Commons licensed as well, inviting others to use their photography as well, often with attribution," said Geist.
During science fair week in the Geist household recently, his grade school-age son Ethan needed a picture of a leopard. They found thousands of photographs on Flickr and were invited to use one for his science fair project.
"People are creating and are inviting the rest of the world to use that creativity," said Geist.
The new normal is also a new normal from a knowledge perspective as well, particularly a knowledge sharing perspective."
More than two million articles written in English in Wikipedia. The Encyclopedia of Life is another initiative created by scientists around the world. Their goal is, within a decade, to catalogue all life forms on this planet and make it freely available. Last week the first 30,000 species were catalogued.
Geist talked about Project Gutenberg, a library of 17,000 free e-books whose copyright has expired. Another online service, LibriVox, aims to provide books from the public domain and make them all available for free online. People can also volunteer to read and record them.
The Public Library of Science (PLoS) is another open access journal. The winner of a Pulitzer Prize had work previously published in the PLoS.
UNdata is making a world of information available, making data freely available to the world.
The new normal is also citizen journalism. OhmyNews in Korea, for example, has had significant debate on elections, says Geist.
Global Voices is one of top 100 blogs, which provides voices to communities we hardly hear about. "You hear people telling their stories, often with great risk, often with audio and video," said Geist.
"Ushahidi.com launched in Kenya 2 months ago, using a mash-up of Google Maps and Google Satellite technology to show where the incidents have happened." Among them Tunisian Prison Maps, which marks locations of prisons for contextualizing and situating the list of prisons and human rights abuses in Tunisia.
Google Book Search enables one to search the full text of books -- and discover new ones.
Geist also touched on the trend to ditch Digital Rights Management (DRM) after Random House ditched their audiobook DRM after a watermark experiment.
MIT OpenCourseWare is an initiative that makes all the institution's course material openly available. More than 90% of it available, including more than 5,000 courses.

In closing, Geist mentioned 10 issues we need to be aware of and discuss today. Among them, copyright, intermediary liability, access for all, net neutrality, government data, cultural funding, definition of a journalist and contracts.
Want to keep up on the latest copyright laws? The Toronto group for Fair Copyright in Canada is one place to start.
The talk was presented by the Canadian Journalism Foundation who will offer a similar program in Vancouver on April 3.
Photos by Roger Cullman.


Discussion
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I'm bookmarking this post because it might come in handy this weekend.
"Open Medicine" (which is less than a year old) is an open access journal, not a platform. The OM journal USES a software platform (called OJS) which is used by about thousand other journals. The paragraph above gives the wrong impression that Open Medicine would have created a platform, which is of course nonsense.
I know what I am talking about - in fact, my research group, the ePublishing Innovations group at the Centre for Global eHealth Innovation at the University Health Network, has - in the context of developing the <a href="http://www.jmir.org">Journal of Medical Internet Research</a>, a leading 10 year old Open Access journal -, contributed significantly to the OJS platform. We have developed software modules which are now part of the OJS release and which are essential for Open Medicine to operate, such as XML/PDF functionality and doc-to-XML converters), so giving Open Medicine credit for this is quite absurd.
And as I mentioned in my <a href="http://gunther-eysenbach.blogspot.com/2008/03/developing-open-access-journals.html">blog in another context, for editors who have being doing this for more than a decade, it is concerning that journalists reflexively write about high-profile, well-funded OA journals such as PLOS, while the majority of OA journals have entirely different characteristics and problems to deal with.</a>
Sure you can upload/download for free but if you really support what artists do - purchase their music, their prints, their books, their art. Artists pay rent and need a living wage like everyone else. Globalism squashes local artists!
(Yes, it's happening now. Every time Rogers gives you a "404 - Not found" message it might be because some cop doesn't want you to see that page "for your own good".)
Other than that surprising failure, Mr. Geist works very hard to protect the rights of Canadians and deserves our full and vocal support.
Once people get a taste of your work they'll want to pay for it. That said, there's always those who will want to get something for nothing. YMMV.
Geist's Random House example is another instance. He described how they tracked watermarked downloads and realized that those weren't being redistributed for free on peer-to-peer networking sites, so they decided to offer free downloads from then on.
True, most independent artists don't reap the benefits of giving away their stuff for free. At least not in the short term. Long term it may pay off. Like in the Cory Doctorow scenario.
In the end, you've got to have work that people are willing to pay for eventually.
Bingo. It's too easy to attribute poor sales to piracy. The hard truth is that sometimes it's due to poor quality, too.
The social experiments conducted by Doctorow, Radiohead, Harper-Collins etc. indicate that people will pay for what they feel is worth paying for.
A song may be worth listening to a few times on the radio for free, without necessarily being worth $0.99 to download (let alone being worth $25.00-$30.00 to buy the CD it happens to be on).
From your report, Geist seems to be painting a deceptive and perhaps delusional picture of how creativity must function, by building a false correlation between personal blogs (a form of hobby writing, mostly) and professional journals, commercial websites that issue free content (but make their money in other ways) and some deeply-funded open source projects.
Just because Suzy can write on a WordPress blog about how much she loves Rufus Wainright, and just because organizations like Google and MIT have "free" and/or open source projects, it does not follow that all creative content should therefore be available for free on the web. That's a ludicrous rationalization. It's the tail (Internet structure) wagging the dog (the expectation by professional producers of creative material that they be compensated for their work), and it is the sort of illogic that has created the widespread attitude of legitimized thievery that has destroyed the music industry and is currently gnawing at the foundations of "traditional" publishing.
"People are creating and are inviting the rest of the world to use that creativity," said Geist. What he means is, _some_ people. And most of those people are either amateurs or deeply wealthy organizations. Meanwhile, most professional artists (and other professional creators) are inviting the rest of the world to purchase their creativity, and they are wholly justified in doing so, just as Geist is justified in expecting to be paid to deliver a lecture. Just because the Internet was designed to convey information in an uninhibited manner, it doesn't follow that people should work for free. Frankly, believing such a thing is borderline stupid. It's no different than believing the goods in a store should be free because the store's front door is unlocked.
The new idea is that the Internet renders creative output (or access to it) abundant.
Once a commodity is no longer scarce, its value is assigned by the consumer, not the vendor.
The negative for producers is that the value of their output drops as a consequence.
The positive is that superior products can then be discovered by the market, and the value assigned to those products soars.
So Justin Timberlake and Scary Spice might go hungry, but the next John Lennon may just get the big break he deserves.
(Disclaimer: this is Economics, which is about as scientific as astronomy.)
How about Blogs that use photo pools? - As a flickrer, (for the past 3 years), I've contributed to a number of blogs who feature photography prominently. I've never seen any discussion about monetary compensation for featured photos in the form of cash honorariums - though the "exposure" is welcome.
Well, it's not *my* view, though I think it would make a nice change, so "idealistic" is probably accurate.
Sure advertising will greatly increase the attention Musician X gets for his music. But if it turns out that Musician X's music sucks compared to music of Musician Y, Musician Z, or any of the others whose music is available in an *economy of abundancy*, then Musician X will have pretty much shot himself in the foot.
(There is a real-world basis to the notion that "nothing kills a bad product faster than good advertising". It is widely believed that the popularity of the Piels Beer ads in the late '50s and early '60s actually hurt sales because people liked the ads, tried the beer and found out they did not actually enjoy it!)
Now would you care to comment on what Geist spoke about? ;)