Presentation is loading. Please wait.

Presentation is loading. Please wait.

Common Ground in the Digital Commons? Participation, Access, Protection Eric Kansa UC Berkeley School of Information Original materials in this work are.

Similar presentations


Presentation on theme: "Common Ground in the Digital Commons? Participation, Access, Protection Eric Kansa UC Berkeley School of Information Original materials in this work are."— Presentation transcript:

1 Common Ground in the Digital Commons? Participation, Access, Protection Eric Kansa UC Berkeley School of Information Original materials in this work are licensed under a Creative Commons Attribution 3.0 License

2 Where I’m Coming From… Anthropology, Archaeology Techie-geek Open Access / Access to Knowledge efforts –But dislike ideological “purity” –Anthro background, NAGPRA experience Anthropology, Archaeology Techie-geek Open Access / Access to Knowledge efforts –But dislike ideological “purity” –Anthro background, NAGPRA experience

3 Who Owns the Past? ?

4 …could be worse, they’ll let you “self-archive”

5 No! What about the Commons! Photo by Rick Haris, under a CC-BY license, from Flickr

6 Copyright Wars: IP Maximalism Music industry failing. All despite lawsuits, advertising, lobbying (“Best laws money can buy”) Digital technologies threatening entrenched interests TK / A2K perspectives so far partially shaped by these conflicts Music industry failing. All despite lawsuits, advertising, lobbying (“Best laws money can buy”) Digital technologies threatening entrenched interests TK / A2K perspectives so far partially shaped by these conflicts The Music Recording Industry

7 Access to Knowledge: a Human Rights Issue Access to Knowledge movement emphasizes the benefits of openness, especially for the Global South –Transparency / Civil society –Public Health –Education –Economic Development –Political Expression Access to Knowledge movement emphasizes the benefits of openness, especially for the Global South –Transparency / Civil society –Public Health –Education –Economic Development –Political Expression A2K “optimistic” embrace of new technology for social ends

8 Why Important? Diebold attempted to use copyright protections (DMCA) to halt exposure of problems with its voting machines

9 Examples Public Library of Science –PLoS Journals Open Educational Resources –MIT OpenCourseWare –Rice Connexions –OpenTextbooks –Wikipedia (Top 10 of ALL websites in world) Public Library of Science –PLoS Journals Open Educational Resources –MIT OpenCourseWare –Rice Connexions –OpenTextbooks –Wikipedia (Top 10 of ALL websites in world) Open Access  Universal Access (necessary not sufficient)

10 Ideal of Open Knowledge Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Maximizing the value of knowledge for all by inhibiting its appropriation

11 Ideal of Open Knowledge Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Maximizing the value of knowledge for all by inhibiting its appropriation Example: Creative Commons, Science Commons

12 Ideal of Open Knowledge Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Maximizing the value of knowledge for all by inhibiting its appropriation

13 “My” Precious Research Data Image Credit: “Lord of the Rings” (2003, New Line), All Rights Reserved Copyright Personal “appropriation” of the field research commonplace –Primary evidence hoarded –Research often conducted without meaningful participation / oversight of indigenous peoples Controlling Interpretation –Very difficult to support alternative claims without access to primary evidence –Benefits monopolized Personal “appropriation” of the field research commonplace –Primary evidence hoarded –Research often conducted without meaningful participation / oversight of indigenous peoples Controlling Interpretation –Very difficult to support alternative claims without access to primary evidence –Benefits monopolized 1 James H. Ottaway, Jr. “Publish or Be Damned”, a lecture presented for the University of Cincinnati Classics Department, 5/ Morag Kersel. “Publishing the Past: Some Shocking Statistics ”, a lecture presented for the American Schools for Oriental Research annual conference. 2005

14 Personal and Institutional Appropriation of Cultural Heritage Ind. Researcher Secrecy, Technical difficulty in dissemination Personal prestige (publication, first dibs at interpretation), Control interpretations of “their collections” Institutional Access controls, Restricted data models, Copyright protections Institutional prestige. Commercial monopolization (“sustainability”). Control narratives. Access Barriers Rationale for Barriers

15 Personal and Institutional Appropriation of Cultural Heritage Ind. Researcher Secrecy, Technical difficulty in dissemination Personal prestige (publication, first dibs at interpretation), Control interpretations of “their collections” Institutional Access controls, Restricted data models, Copyright protections Institutional prestige. Commercial monopolization (“sustainability”). Control narratives. Access Barriers Rationale for Barriers Have gotten better…

16 Ideal of Open Knowledge Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Maximizing the value of knowledge for all by inhibiting its appropriation

17 “Semantic Cages” “Top down” classification and database systems leaves very little room for community input or divergent world-views The imposition of a culturally alien database schema dissociates indigenous culture from its context, making it loose much if not all of its meaning. “Top down” classification and database systems leaves very little room for community input or divergent world-views The imposition of a culturally alien database schema dissociates indigenous culture from its context, making it loose much if not all of its meaning.

18 Attribution in Open Context Citation information provided according to common metadata standard

19 Ownership in Open Context Interoperability Joy! Zotero (www.zotero.org) uses COinS (and Dublin Core) metadata to make bibliographic references

20 Attribution in Open Context Sounds great!! But… that standard permits only a few forms of relationships with content. How do you recognize stewardship / custodianship?

21 The Problem with Standards Have force(!) in terms of granting and institutional legitimacy: –CIDOC-CRM, an ISO standard, important for EU funding in cultural heritage –But also present in Dublin Core, OAI-PMH, etc. One ontology (world view) to rule them all? –Standards are political –Standards can become hard to remove Have force(!) in terms of granting and institutional legitimacy: –CIDOC-CRM, an ISO standard, important for EU funding in cultural heritage –But also present in Dublin Core, OAI-PMH, etc. One ontology (world view) to rule them all? –Standards are political –Standards can become hard to remove

22 The Problem with Standards Standards are suited for certain communities of practice –Policy issue for ALA Efforts to build capacity for indigenous communities need to recognize diversity of needs / worldviews –Efficient interoperability may not be the most important concern Standards are suited for certain communities of practice –Policy issue for ALA Efforts to build capacity for indigenous communities need to recognize diversity of needs / worldviews –Efficient interoperability may not be the most important concern Boast, Robin, Michael Bravo, and Ramesh Srinivasan (2007) “Return to Babel: Emergent Diversity, Digital Resources, and Local Knowledge.” The Information Society 23:395.

23 Copyright as a Legal Cage “Semantic Cages” augmented by legal cages Access controls, subscription barriers. Limits to access limit opportunity to voice concerns over representation. Copyright controls limit ability to take content and (re)contextualize “Semantic Cages” augmented by legal cages Access controls, subscription barriers. Limits to access limit opportunity to voice concerns over representation. Copyright controls limit ability to take content and (re)contextualize Menacing Attorneys.. Kansa, Eric (in press) “Indigenous Knowledge and the Digital Commons”, In Traditional knowledge, traditional cultural expressions and intellectual property law in the Asia-Pacific region Edited by Christoph Antons. Kluwer Law International (accepted 3 December 2007)

24 Ideal of Open Knowledge Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Maximizing the value of knowledge for all by inhibiting its appropriation

25 Ideal of Open Knowledge Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Actual Case: No Blue Sky

26 “Glocal” Problems with the Commons Inherent tension: How does a fair global information commons interface with local systems of cultural property? –Actors that have highly uneven access to capital and power. “Public Domain” benefits dominant players more than small actors 1 –Law typically has few alternatives to under and over protection of IP. Legal alternatives often costly, complex and out-of-reach. 2 Inherent tension: How does a fair global information commons interface with local systems of cultural property? –Actors that have highly uneven access to capital and power. “Public Domain” benefits dominant players more than small actors 1 –Law typically has few alternatives to under and over protection of IP. Legal alternatives often costly, complex and out-of-reach. 2 1 Chander, Anupam, and Madhavi Sunder, 2004, "The Romance of the Public Domain". California Law Review 92: Coombe, Rosemary J., 2003, “Fear, Hope, and Longing for the Future of Authorship and a Revitalized Public Domain in Global Regimes of Intellectual Property”. DePaul Law Review 52.

27 The “Romantic Re-mixer” ? Commons rhetoric may replace the “romantic author” with the “romantic remixer” –Remixing can be “bottom-up” appropriation of indigenous heritage Related issues –Public domain: A2K movement sees threat of IP “enclosures”, TK advocates sometimes see it as arbitrary and culturally alien –Freedom: A2K movement emphasize freedom of expression. TK advocates sometimes emphasize appropriation’s threat to group identity Commons rhetoric may replace the “romantic author” with the “romantic remixer” –Remixing can be “bottom-up” appropriation of indigenous heritage Related issues –Public domain: A2K movement sees threat of IP “enclosures”, TK advocates sometimes see it as arbitrary and culturally alien –Freedom: A2K movement emphasize freedom of expression. TK advocates sometimes emphasize appropriation’s threat to group identity ?

28 Neat and Tidy is Unlikely Much cross-cultural communication will likely take place in a necessarily “messy public sphere of contest, debate, and protest ” (quoting Hayden 2003:46) Hayden, Cori. (2003) When Nature Goes Public: The Making and Unmaking of Bioprospecting in Mexico. Princeton University Press. ?

29 Rethinking Open Knowledge Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Participatory / Autonomy: Shape agendas, privacy, etc. Legal: Free from standard legal restrictions Social: The underlying foundation of knowledge (“raw data”) must also be made available Technological: Open formats without hindering access to humans or machines Participatory / Autonomy: Shape agendas, privacy, etc. Maximizing the value of knowledge for all by inhibiting its appropriation

30 Toward Participatory Frameworks Examples now highlight efforts at expressing indigenous conceptual systems in data architectures Technologies and models now available that empower people(s) to shape global dissemination, set terms of access (if deemed appropriate) Examples now highlight efforts at expressing indigenous conceptual systems in data architectures Technologies and models now available that empower people(s) to shape global dissemination, set terms of access (if deemed appropriate) Srinivasan, R., and Huang, Jeffrey Fluid Ontologies for Digital Museums. Journal for Digital Libraries, 5(3): Christen, Kimberly “Gone Digital: Aboriginal Remix and the Cultural Commons”. International Journal of Cultural Property 12:

31 Examples of Participatory Heritage To note: Open Source can be a powerful tool to enable communities to implement decidedly different (even antithetical to “open”) ideals for governing access and use of cultural expressions! Open source to help build capacity and autonomy

32 Copyleft for some Heritage? Creative Commons approaches may help meet many “traditional knowledge” / cultural heritage concerns –“Share-alike” term makes rights and obligations stick to a work and all later derivatives. Encourages return of value back to local communities –Build relationships, reciprocity –Obviously only appropriate for material indigenous communities deem appropriate Creative Commons approaches may help meet many “traditional knowledge” / cultural heritage concerns –“Share-alike” term makes rights and obligations stick to a work and all later derivatives. Encourages return of value back to local communities –Build relationships, reciprocity –Obviously only appropriate for material indigenous communities deem appropriate Some Rights Reserved Copyleft: using copyright law to safeguard the “Commons”

33 Bottom UP: Marking Respect & Community Creative Commons Licenses have a general model of working from the bottom up: Bring stakeholders together to negotiate their interests and write “laws” (contracts / licenses) that meet their unique needs. Model can be applied to cultural heritage to share knowledge while marking respect and recognition. –In human and machine readable metadata Creative Commons Licenses have a general model of working from the bottom up: Bring stakeholders together to negotiate their interests and write “laws” (contracts / licenses) that meet their unique needs. Model can be applied to cultural heritage to share knowledge while marking respect and recognition. –In human and machine readable metadata A political “brand” not just a copyright license!

34 Bottom UP: Marking Respect & Community Why not a marker showing respect? (Don’t forget the metadata!) ??

35 But there’s an albatross over us…

36 Google

37 Google's mission is to organize the world's information and make it universally accessible and useful.

38 Google “The perfect search engine would be like the mind of God.” - Sergey Brin (Google Co-Founder)

39 Data Inundation and Centralizing Forces Marking and Metadata may become crucial issues –Huge amounts of content, increasing need to rank, aggregate, synthesize –How this happens will likely be politicized Increasing role for Search Engines –Recommendation services that organize “culture” (tourism contexts important) –“Black-box” approaches to ranking, recommendation, aggregation, synthesis a concern Marking and Metadata may become crucial issues –Huge amounts of content, increasing need to rank, aggregate, synthesize –How this happens will likely be politicized Increasing role for Search Engines –Recommendation services that organize “culture” (tourism contexts important) –“Black-box” approaches to ranking, recommendation, aggregation, synthesis a concern Image by “Doegox” via Flickr (CC-by license)

40 “Googlizing” Cultural Experiences Increasing mobility and ubiquity of information and computation –Digital mediation of all experiences –Hidden aggregation and ranking systems become more important Key Question: How will this impact how communities (including indigenous) represent themselves to their members and to outsiders? Increasing mobility and ubiquity of information and computation –Digital mediation of all experiences –Hidden aggregation and ranking systems become more important Key Question: How will this impact how communities (including indigenous) represent themselves to their members and to outsiders? Cyberspace colonizes physical space

41 In a Nutshell Openness: Needs discussion. Not an unquestionably “good”. But can also be used to against cultural appropriation. Looming issues: how do we get these issues recognized by search engines, because search engines are the lenses people increasing use to view their world Openness: Needs discussion. Not an unquestionably “good”. But can also be used to against cultural appropriation. Looming issues: how do we get these issues recognized by search engines, because search engines are the lenses people increasing use to view their world


Download ppt "Common Ground in the Digital Commons? Participation, Access, Protection Eric Kansa UC Berkeley School of Information Original materials in this work are."

Similar presentations


Ads by Google