Filed under: copyright, Digital Economy | Tags: Internet Blackout Protests, PIPA, Research Works Act, SOPA
Canadian Internet Policy and Public Interest Clinic blackout protest page January 18, 2012.
The Internet is a major source of innovation for both the economy and society. It enables entirely new forms of business, communication, and knowledge and plays a central role in changing repressive societies, creating global awareness, and forging relationships. The Internet provides us with a set of online freedoms.
It’s fascinating (and in many cases disturbing) to see governments attempt to modernize legislation from pre-Internet days and in some cases introduce new legislation seeking to leverage the Internet or control it. Yesterday, January 18, 2012 many of you may have experienced “blackout protests” when thousands of websites went dark in protest against two draft anti-piracy and counterfeiting bills in the US Congress.
Wikipedia’s web site featured this:
I thought I’d try and make sense of these protests. What are these bills all about? Why are legislators bringing them forward? Why are people protesting? How does it affect Canada? Is there similar legislation being brought forward in Canada? How does it affect me?
At this juncture in the evolution of the Internet rather than embracing the innovations the Internet is bringing many legislators seem intent on curbing it.
In the US two draft anti-piracy and counterfeiting bills are currently being reviewed in the US Congress. The Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA). SOPA is intended to fight online trafficking in copyrighted intellectual property and counterfeit goods. PIPA is intended to give the US government and copyright holders tools to curb access to “rogue websites dedicated to infringing or counterfeit goods”, especially those registered outside the U.S. These bills are in response to the perceived problem that piracy is having a large negative impact on US content industries.
It’s interesting to compare the list of those supporting SOPA with those opposing SOPA. Supporters of SOPA represent the movie, music and publishing industries while those opposed are primarily from the technology, public interest, and human rights groups. These lists themselves are interesting as they establish a kind of public transparency and accountability for what is happening.
There are several major problems legislators face in creating legislation of this kind including:
- clearly defining, and substantiating the nature of the problem legislation seeks to rectify. For an interesting analysis of this regarding SOPA see SOPA, Internet Regulation and the Economics of Piracy. It’s also interesting to hear from entities like Pirate Bay who are clearly the targets of this legislation – see The Pirate Bay’s SOPA Press Release
- legislation of this kind requires precise and technologically savvy language. See A technical examination of SOPA and PROTECT IP for an analysis of this perspective.
- legislation of this kind cannot erode or negatively impact societal freedoms or adversely affect innovation and economic/societal benefits. These issues are explored in: Websites Everywhere Dark In Protest Of US Anti-Piracy Legislation
SOPA and PIPA are not the only contentious bills. There is also the Research Works Act. In the US the National Institutes of Health (NIH) has a policy that ensures that the public has access to the published results of NIH publicly funded research. The Research Works Act seeks to prevent NIH and any federal agency from adopting such open access policies. See Anti-Open Access Rises Again and Academic publishers have become the enemies of science.
While all the bills I’ve mentioned so far are US, Canada is not immune to similar activities. Our federal government has been pressured by the US to take stronger stands on enforcing copyright and IP similar to those being taken in the US. In response Canada’s government has taken steps to comply through efforts to update copyright legislation, signing of ACTA, and its willingness to join in the Trans Pacific Partnership. Michael Geist and others have written widely on these developments. See:
2011 in Review: Developments in ACTA
Canada Signs ACTA: What Comes Next
TPP Copyright Extension Would Keep Some of Canada’s Top Authors Out of Public Domain For Decades
Help Preserve the Canadian Public Domain: Speak Out on the Trans Pacific Partnership Negotiations
I find it disturbing that with all these legislative bills the economic benefits of a few are superceding the public benefits of many. These bills seek to control and limit freedom as is so eloquently expressed in my colleague Scott Leslie’s Short Poem About SOPA.
But for me its not just about control and freedom its about optimizing the use of technology. Much of what I see happening is seeking to break or disable technology in order to enforce old business models. I’m dismayed when I see technologies hobbled for economic gain. See Publishers vs. Libraries: An E-Book Tug of War for example. When David Wong says in his brilliantly funny 5 Reasons The Future Will Be Ruled By B.S. that “The future is going to hang on whether or not businesses will be able to convince you to pay money for things you can otherwise get for free.” I’m really hoping he’s wrong. In the digital world the incremental cost of distributing digital goods is next to zero. Creating business models based on artificial scarcity is sheer folly and fails to leverage the innovation that technology and the Internet bring.
If we truly are interested in improving our economies and societies we’d be well served to focus on how we incentivize the production and use of creative works not curtail them. We’d be better off looking at how we maximize access and use not limit it.
Filed under: Inspiration | Tags: Challenge Post, Fluevog, Kickstarter, Leadership Under Fire, Local Motors, MESH01, public funding, public institutions, public knowledge, Public Parts, public universities, PublicU2, Quirky, Thingiverse
Rather than predictions for a coming year I like to create inspirations. At the start of 2011 I imagined a new kind of university, a University of Open, that served as an inspiration for me throughout the year.
Thought I’d start 2012 off in a similar fashion and imagine another new kind of university, a university defined by the public and students – a PublicU2.
In Canada most universities and colleges are “public institutions”. But are they really very public? Certainly they receive significant public funding in the form of government grants. However, are they open and transparent? Do they seek public input? Are they under any kind of public control?
I’ve been reading the book Public Parts by Jeff Jarvis and its provided a helpful frame of reference for reimagining a public university.
Public Parts explores how sharing in the digital age improves the way we work and live. Jarvis talks about how companies are becoming increasingly public.
“The truly public company will operate in the open because publicness affords businesses a new way to work, to collaborate with customers, to reset relationships, to build trust, and to find new efficiencies – producing better products, making fewer mistakes, spending less on marketing, building better brands together. Today the more a company opens its process to customers, the more the people formerly known as consumers can move up the design, sales, and service chains to say what they want in a product before it is made.”
In our digital age shouldn’t public universities become more truly public by opening up and providing students with a say in what they want as education before it is made?
I know from working with faculty and staff of institutions that they always say they are doing what they do for students. I have a strong empathy with that position – doing what we do for students is education’s moral high ground. But are institutions really the agents of student will? Hasn’t this turned out to mean that they see themselves as being in a better position to make decisions about education than students are? Have our public institutions been vested with power and authority to think and act on student’s behalf without public input? Has institutional autonomy and the constant competition for student enrollments resulted in institutions that act in their own self interest rather than the public interest?
I’ve started imagining what a university would be like if it pursued a more public engagement process centered around the student. What if a university sought student input into not only what education to provide but how to provide it. What would a PublicU2 look like?
Some of you may be saying this is sheer folly. It’s like asking people who know nothing about cars for their input on what kind of car they would like. But even if you know nothing about how cars work your input on what kind of car you’d like could be still substantial. Currently all you can do is pick from manufacturer pre-defined options – luxury or budget? sporty or family sedan? standard or automatic? … What if you could tell a car manufacturer what you want in a car and see that input used in design and production. Welcome to Local-Motors.com.
Local Motors uses a co-creation model for collaborative car design. For Local Motors first car (an off-road muscle car) the public submitted over 40,000 designs. The winning designer received $20,000 in prize money and worked with company staff and the community to bring the car to reality. Local Motor designs are openly licensed for sharing using Creative Commons. Local Motors publishes complete and detailed specifications and invites community members to design component parts.
Imagine PublicU2 being truly open and public in a similar way. Lets say a degree to support the high technology sector is needed. Why not open up the design process and invite students and the public to submit designs for the degree? You don’t have to hand over the entire decision making process to voting or popularity you just have to give weight to the input of the community of students and the public and defer to their judgement whenever possible. And what if you launched that degree as beta? What if you committed to continuously improve that degree based on enrolled and prospective student input? What if graduates were invited to continue to enhance the design of that degree and the actual courses themselves even after graduation and could subscribe to subsequent releases of improved courses as an alumni benefit?
Still not sure. Here’s some more examples. Vancouver is home to the awesome shoe store Fluevog. One of the most visited pages of their web site is Open Source Footwear. Here you can submit your own design for a shoe you wish Fluevog made. If your design is selected Fluevog covers all the costs & development process (it takes about a year to produce a shoe) and puts your shoe onto the market. The shoe is named after you and you get a free pair.
Or how about MESH01 a co-creation platform that links designers and brands worldwide. Together, you create and launch innovative products for the SportStyle industry.
Or how about Thingiverse a place to share digital designs that can be made into real, physical objects.
Initiatives like these don’t see customers as just customers but as co-creators. When will institutions see students and the public as not just customers but co-creators?
All to often programs and courses are developed by institutions in a hopeful “build it and they will come” mentality. Institutions interested in a PublicU2 kind of approach might want to consider something like Kickstarter. Kickstarter is the world’s largest funding platform for creative projects. Every week, tens of thousands of people pledge millions of dollars to projects from the worlds of music, film, art, technology, design, food, publishing and other creative fields.
Why not a Kickstarter approach to PublicU2 programs, courses and services? Rather than pledging dollars, a PublicU2 could post programs and courses under consideration for development and invite students and the public to express interest in enrollment. When sufficient numbers indicate interest development proceeds and the program/course is offered.
Co-creation doesn’t have to be constrained to just design activities for products. ChallengePost lets individuals and organizations challenge the public to solve problems and innovate. ChallengePost has featured challenges related to Health, Education, Science & Technology, Energy & Environment, the Economy, and Public Safety.
Maybe you’re interested in the following challenges? The National Institute of Biomedical Imaging and Bioengineering is challenging biomedical engineering student teams to design innovative solutions to unmet health and clinical problems. The U.S. Department of Education (Department) is sponsoring a College Net Price Calculator Student Video Challenge which challenges high school and college students to help get information to their peers about how much it costs to go to college.
When will institutions adopt similar practices to solve their problems and innovate?
Ross Paul’s fabulous book Leadership Under Fire describes PublicU1 leaders. Using case studies of 11 Canadian past or present university presidents as well as his own experience Paul provides a masterful analysis of the attributes of the current public university leader and the major issues they face. Like Ross I imagine new leaders of PublicU2’s who mobilize their campuses to fully use new technologies, adopt more open systems, and embrace the cultural changes of a digital society. Who will be the leaders of PublicU2’s?
Imagine a PublicU2 leader that publicly committed to sharing its data, posting in real time data on capacity, applicants, enrollments, graduates and other key analytics. Imagine a PublicU2 leader willing to publicly describe challenges and invite others to use its data, along with data from other PublicU2 institutions, to solve those challenges whether they be around access, affordability, quality, or service.
What if government based its allocation of public funds to institutions not on student enrollments but on the extent to which an institution is public? What if public funding was based on the extent to which institutions have public engagement, collaborate and generate public goods.
I imagine a PublicU2 where students and the public are given a central design role. When Ontario announced plans to create an Ontario Online Institute by far the best submission to the government on what that Institute should be came from students – The Ontario Online Institute: Students’ Vision for Opening Ontario’s Classrooms. Student PIRG reports such as How Open Textbooks are the Path to Textbook Affordability are further examples of students influencing institutions. Imagine a PublicU2 that treats student and public input not as tokenism but as central to their mission demonstrating respect, trust and a willingness to transform.
At PublicU2 students are their own learning designers. PublicU2 uses what we know about learning discarding transmission models of pedagogy and replacing them with social ones. At PublicU2 students play the role of teacher to other students, as it has been shown that the best way to learn is to teach. At PublicU2 teaching and learning are publicly visible and transparent emphasizing the formation of social networks within and beyond the institution. The emphasis is less on the content and more on the activities and the human interactions that take place around the content. PublicU2 emphasizes formation of virtual study groups, use of wikis to support discussions between current and past students, and engagement of the public in supporting PublicU2 teaching and learning.
At PublicU2 learning generates public knowledge. I’ve long been a fan of Jon Beasely-Murray’s University of British Columbia’s class SPAN312 (“Murder, Madness, and Mayhem: Latin American Literature in Translation”) and the way they collectively contribute to improving Wikipedia’s Latin American literature articles. Here is a wonderful example of public learning generating public knowledge.
So PublicU2’s are my inspiration for 2012. I’m looking for public universities where all learning is a public process resulting in public knowledge benefiting everyone. I’m looking for public universities who collaborate in the open and engage the public in identifying and solving problems.
I’m looking for PublicU2’s.
Got an example? Let me know.