The law relies on precedent that simply cannot keep up with our digital progress, particularly where privacy, intellectual property and web economics are concerned. [From EDiligence legal conference on security and the internet Nov 2010] Audio: http://www.discussit.co.za/index.php?option=com_content&task=view&id=274&Itemid=65

1. Intellectual Property &
The Internet
through the lens of social media
Maximillian Kaizen
maxkaizen.com
TOP SECRET
Distorted
destroyed
Evolving
aka. built to share
supercharged?
ISH

2. Empires of the Future
Empires of the Mind
are
The
The

3. REMIXING
REALITY
well before
the Internet

4. the Internet is a copy machine
Kevin Kelly. Chief Maverick, Wired Magazine

5. SOCIAL MEDIA =
cheaper production + cheaper distribution
ACCESS trumps OWNERSHIP
8

6. NEW LAND
NEW LAWS
NEW LANGUAGE
could you put
your privacy
policy into
140 characters?

7. TRUTHINESS
learning to live in a
POST-FACT SOCIETY
Stephen Colbert, 2005
Farhad Manjoo, 2009

8. “all your base are belong to us”
learning to live in a
POST-SECRET SOCIETY
ASSYMETRY

9. it’s the gateway drug to absolute evil

10. The Best Way to get
is to
enforce it strictly
a Bad Law repealed

11. absent legal protection, creativity dries up
artists won’t bother & will all shuffle off to get
office jobs or be hippie good-for-nothing bums straining
the country’s resources
DEVELOP
BETTER TASTE
IN PROBLEMS

13. WEB ECONOMICS
99c
what’s better than free?

14. FASHION
FOOD
COMEDY
SOCIAL MEDIA
Innovation in Low IP environments
market value by determined by desirability2-sided positionality

15. COMPOUND
“The most powerful force in the universe”
Albert Einstein
INTEREST
“I not only use all the brains that I have, but all that I can borrow.”
Woodrow Wilson
“Given enough eyeballs all bugs are shallow.”
aka Linus’ Law
Eric Raymond

16. “Our focus should be not on
emerging technologies but on
emerging cultural practices”
Prof Henry Jenkins. MIT
via @allankent

17. CULTURE
PRECEDES
COMMERCE

18. Parodies & Dilutions
TRADEMARKS

19. FAN FICTIONR

20. BEST PRACTICE
AS A COPYRIGHT USER ONLINE
YOUR RIGHTS responsibilities
• If someone else created a valuable piece of content, don’t use it without CREDITING them.
Simple.
• In keeping with FAIR USE, do not reproduce whole stories. Use only the portions of headline
and content needed to make your point or identify the story. Add your own commentary and
content, and link to the original wherever possible.
• Read Terms & Conditions or rely on the counsel of someone who does. You may be signing over
YOUR COPYRIGHTS to sites you use. That free tool you’re using is using you, make sure you
know what you’re trading.
• INNOCENT INFRINGEMENT is no defense. Until laws have evolved take care, use
Creative Commons or copyleft resources and reward those artists, scientists and academics who
share valuable portions their work.

21. BEST PRACTICE
AS A COPYRIGHT OWNER
YOUR RIGHTS responsibilities
• COPYFRAUD of works that are free for everyone to use - seeking licenses and fees to
reproduce works in the public domain - is infringement.
• Learn about FAIR USE and make it easy for those who want to reference your work to know
how to, in a way that highlights, links back and doesn’t infringe copyright.
• Deriving financial reward from your work is not exclusive to traditional copyright. Flexible,
permissionless licenses are available that enables greater (aka viral) distribution for digital content
and retains COMMERCIAL value for the license holder.
• Cease and desist letters used to try to silence criticism is a meritless expression of trademark
and copyrights. Research the legal right to PARODY and bounds of free expression.

22. Goldilocks Zone{
{

23. PROPERTY ACCESS

24. digital citizenship
COMPLIANCE
BEYOND
CONTEXT MATTERS
Not all that is legal
is a good fit for our times. Outdated laws
open loopholes for idiocy and crime.

25. CREDITS
IMAGES, VIDEO, REFERENCES. THANKS TO:
Ivo Kendra http://www.flickr.com/photos/yellowsofa/4122664579/
Michelle Milla http://www.flickr.com/photos/michellemilla/4771634845/
ani-bee http://www.flickr.com/photos/missnita/398994567/
PNNL Pacific Northwest National Laboratory http://www.flickr.com/photos/pnnl/4296223336/
LewishamDreamer http://www.flickr.com/photos/lewishamdreamer/3261133259/in/photostream/
The Giant Vermin http://www.flickr.com/photos/tudor
Okinawa Soba http://www.flickr.com/photos/okinawasoba
Pixel y dixel http://www.flickr.com/photos/pixelydixel/2712989489/
Iko http://www.flickr.com/people/iko/
Karanj http://www.flickr.com/photos/karanj/31869410
Piracy Paradox (2 sided positionality) Prof Sprigman. Virginia University
This work is licensed under CCAttribution.NonCommercial.NoDerivatives. Maximillian Kaizen 2010

26. THANKS
Instead, he chooses quietly to work on ways
to ensure a future web of even
greater openness and neutrality in scientific,
intellectual and political exchange.
He is what my grandfather would have
called a real mensch.”
“This is a man who could have
taken a hundredth of a cent for
every commercial transaction for
just five years and been rich
beyond computation,
he could have linked himself with
corporations, put his name about in
public, branded himself and
offered his opinions on
everything and everyone.
Stephen Fry on Sir Time Berners-Lee