Hi Sondra,
A few years back, but you might try The Copywrights: Intellectual Property and 
the Literary Imagination, by Paul Saint-Amour,
which references a couple of useful cases. I just mentioned my essay 
'Relinquish Intellectual Property' -  Douglas, I am happy
to send you a copy of that, since a cursory search of my stuff doesn't reveal 
an electronic copy at the moment.
Bests, Lisa
~~~~~~~~~~~~~~~~~~~
Lisa Samuels
Associate Professor of English
The University of Auckland
Private Bag 92019
Auckland 1142
New Zealand
Tel 64 9 373 7599 ext 87092
Fax 64 9 373 7429
~~~~~~~~~~~~~~~~~~~

________________________________________
From: [email protected] [[email protected]] 
On Behalf Of [email protected] 
[[email protected]]
Sent: Wednesday, July 15, 2009 10:48 AM
To: [email protected]
Subject: Ada_list Digest, Vol 77, Issue 14

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ADA list Digest Version

Today's Topics:

   1. General question about copyright (Sondra Bacharach)
   2. Re: COPYRIGHT (Ada_list Digest, Vol 77, Issue 10)
      (Douglas Bagnall)
   3. Re: Ada_list Digest, Vol 77, Issue 13 (alastair)


----------------------------------------------------------------------

Message: 1
Date: Wed, 15 Jul 2009 09:31:09 +1200
From: Sondra Bacharach <[email protected]>
Subject: [Ada_list] General question about copyright
To: "[email protected]" <[email protected]>
Message-ID: <c683525d.e9ae%[email protected]>
Content-Type: text/plain; charset="iso-8859-1"

Hi all,

I've been reading the exchanges about copyright with great interest. I'm 
teaching a philosophy of art course called "media and the arts" and have been 
thinking it'd be good to have a session on this topic. Does anyone have any 
recommendations either about (a) where to find some good, basic readings for 
first-year students about the arguments at issue, and/or (b) juicy, 
controversial cases to motivate student discussion?

Thanks!

Best,

Sondra

--
Sondra Bacharach
Philosophy Programme
Victoria University of Wellington
PO Box 600
Wellington NZ
+644-463-5178
[email protected]

ASA Newsletter Co-Editor
Postgraduate Coordinator


------------------------------

Message: 2
Date: Wed, 15 Jul 2009 09:38:08 +1200
From: Douglas Bagnall <[email protected]>
Subject: Re: [Ada_list] COPYRIGHT (Ada_list Digest, Vol 77, Issue 10)
To: [email protected]
Cc: [email protected]
Message-ID: <[email protected]>
Content-Type: text/plain; charset=ISO-8859-1

Lisa Samuels wrote:

> If you have access to Project Muse, you might be interested in my essay 
> 'Relinquish Intellectual Property',
> in the vein of what's being discussed here:
> http://muse.jhu.edu/login?uri=/journals/new_literary_history/v033/33.2samuels.html


Is there any way you can post it to the list or somewhere else public?
Or summarise?  Or is the irony enough in itself?


> I was disappointed in the visit & talk of Richard Stallmann here last year, 
> but only because of my own obsessions
> - he knew nothing about humanities issues. Certainly on the pure tech angles 
> he's a splendid anarchist and might be called
> an advocate for Slow Technology (to avoid all the fettering ideas of 
> ownership).

Yes.  Perhaps you really can't be a culture hero without being a cartoon
character.

Douglas


------------------------------

Message: 3
Date: Wed, 15 Jul 2009 10:48:18 -0400
From: "alastair" <[email protected]>
Subject: Re: [Ada_list] Ada_list Digest, Vol 77, Issue 13
To: <[email protected]>
Message-ID: <1ae78364df1a4fadb7e8c6358807f...@homed6c4df9d26>
Content-Type: text/plain; format=flowed; charset="iso-8859-1";
        reply-type=original

word from a (mainly) analogue artist re copyright

simple crushing fact for most musicians I know:
our sales( and income) have dropped by more than 50%
at the very same time that our music is listened to/used by more people than
ever.
 many people use a version of that fallacious old "trickle down effect"
(rightwing favourite)argument to explain why we should be grateful
and it seems to go something like this:
"as file-sharing allows many more people to hear your music, more are likely
to buy it, or pay to use it"
yeah,right!

thanks Julian for some common sense:
"To abolish copying rights entirely would be to abandon the basic tenet that
the
author of a work has rights to that work, including being able to contest
that
s/he made it at all".

 If you hate the system of copyright, simply don't copyright your own work,
no-one will force you to!.

Was the old system of  making records and expecting royalties from sales and
performance "stopping the flow of information"?

My belief is that copyright is more important than ever;
since the days of Marx we've understood that our perverted system runs by
allowing those who did not make the bread
to "conceal" that fact and sell it as their own,
now some wish to remove all (legal) trace of the relationship between maker
and object/artwork,thus extending this concealment to the world of art and
ideas.

Same old : those who can't imagine why we might need these funds, say we
should do without.

alastair galbraith

----- Original Message -----
From: <[email protected]>
To: <[email protected]>
Sent: Tuesday, July 14, 2009 5:24 PM
Subject: Ada_list Digest, Vol 77, Issue 13


> Send Ada_list mailing list submissions to
> [email protected]
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://list.waikato.ac.nz/mailman/listinfo/ada_list
> or, via email, send a message with subject or body 'help' to
> [email protected]
>
> You can reach the person managing the list at
> [email protected]
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of Ada_list digest..."
>
>
> ADA list Digest Version
>
> Today's Topics:
>
>   1. Re: copyright: do we have an opinion? (Douglas Bagnall)
>   2. Re: Ada_list Digest, further to copy rights (Phil Dadson)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 15 Jul 2009 09:21:42 +1200
> From: Douglas Bagnall <[email protected]>
> Subject: Re: [Ada_list] copyright: do we have an opinion?
> To: ada list <[email protected]>
> Message-ID: <[email protected]>
> Content-Type: text/plain; charset=ISO-8859-1
>
> Julian Oliver wrote:
>
>> Without author-defined, legally-recognised copying rights I sincerely
>> doubt
>> there would be a culture of contribution such that Free Software projects
>> like
>> Firefox, Linux, BSD, (Flossmanuals) or Apache could exist, let alone art
>> in an
>> aggressive mass-market culture industry.
>
>
> Speaking of art, mainstream visual art doesn't rely on copyright at all
> -- it only cares about providence and exclusive possession.  All the
> most expensive paintings are out of copyright.  This continues with new
> media art, as far as I know: collectors buy expensive DVD-Rs and not
> licenses.
>
>
> Douglas
>
>
> ------------------------------
>
> Message: 2
> Date: Wed, 15 Jul 2009 09:25:19 +1200
> From: Phil Dadson <[email protected]>
> Subject: Re: [Ada_list] Ada_list Digest, further to copy rights
> To: [email protected]
> Message-ID: <[email protected]>
> Content-Type: text/plain; charset="us-ascii"
>
> hi all,
> bit early for vino Adam but coffee and brandy, definitely . . ..   set
> hair alight, chant a few rites . .   mmmmm !
> Hey, hats off to your knowledge of the background guys, but you can't
> get past the fact that many artists want and need protection of
> authorship against exploitation, and this is a hard won right. Some
> also survive on royalties and good luck to them.  We will never get rid
> of copyright as such, but we can change the way its thought about and
> utilised.  Its one huge hassle, but with enough pressure terms at least
> are negotiable for change.
> Seems to me, that what we want ideally is a method where the artists
> assign rights as they see fit, allowing for a full range of options
> from no copyright to licensing work where its relevant.
> The issue right now here in NZ is how to address a draconian law that
> threatens censorship of access as punishment for piracy.  Most of us
> would agree this is simply reactive and plainly stupid in these times.
> The politicians and advocates we have however, are the ones we elect so
> there's some collective responsibility here, as there also is to
> respond.  But to throw out the baby with the bath water would be just
> as reactive.
> ADA has a voice and it needs to be heard in this debate. I propose the
> committee draw up a statement for release that reflects opinions and
> run it past the list for comment, but lets not get bogged down with it.
> cheers, Phil
>
> On 15/07/2009, at 7:29 AM, [email protected] wrote:
>
>> Send Ada_list mailing list submissions to
>> [email protected]
>>
>> To subscribe or unsubscribe via the World Wide Web, visit
>> http://list.waikato.ac.nz/mailman/listinfo/ada_list
>> or, via email, send a message with subject or body 'help' to
>> [email protected]
>>
>> You can reach the person managing the list at
>> [email protected]
>>
>> When replying, please edit your Subject line so it is more specific
>> than "Re: Contents of Ada_list digest..."
>>
>>
>> ADA list Digest Version
>>
>> Today's Topics:
>>
>>    1. Re: copyright: do we have an opinion? (adam hyde)
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> Date: Tue, 14 Jul 2009 21:29:01 +0200
>> From: adam hyde <[email protected]>
>> Subject: Re: [Ada_list] copyright: do we have an opinion?
>> To: Julian Oliver <[email protected]>
>> Cc: ada list <[email protected]>
>> Message-ID: <1247599741.7582.11.ca...@esetera>
>> Content-Type: text/plain
>>
>>
>> On Tue, 2009-07-14 at 20:42 +0200, Julian Oliver wrote:
>>>
>>>> shall we open the floor to others? ;)
>>>
>>> Hehe, indeedy.
>>>
>>> I suppose most Ada'ers are sleeping around about now.
>>>
>>
>>
>> hehe! see, thats the problem with email. half the people are asleep
>> cause its winter, the others are running around outside in the sun
>>
>> we should have this discussion in a bar, then it would be much more
>> fun.
>> we could drink wine, i could set my hair on fire, you could break yer
>> laptop...
>>
>> :D
>>
>> adam
>>
>>
>>
>>
>>> Julian
>>>>>
>>>>>> As far as i see it, its hard to say copyright is pro-culture. You
>>>>>> can
>>>>>> say culture hasn't completely died under copyright. I would agree
>>>>>> with
>>>>>> this. But it hasn't helped.
>>>>>
>>>>> Copyright is just a concept, and there's nothing wrong with the
>>>>> concept in
>>>>> itself IMHO..
>>>>>
>>>>> Cheers,
>>>>>
>>>>> Julian
>>>>>
>>>>>>
>>>>>>>
>>>>>>> Copyright can be pro-culture - it's just that /most/ copyright is
>>>>>>> broken,
>>>>>>> perverted by the 'free' market - exploited to the contrary.
>>>>>>>
>>>>>>>> However, regardless of my beliefs, the position of saying
>>>>>>>> copyright is
>>>>>>>> broken is more provocative and might encourage more people to
>>>>>>>> think
>>>>>>>> about it than taking a position on the wording of legislation.
>>>>>>>
>>>>>>> It may do that, yep, as long as people are educated as to the
>>>>>>> options otherwise.
>>>>>>> As it stands I come across a lot of people that claim there is
>>>>>>> only Copyright
>>>>>>> (aka RIAA style) and Public Domain, which reflects a gross lack
>>>>>>> of education on
>>>>>>> the topic..
>>>>>>>
>>>>>>> Cheers,
>>>>>>>
>>>>>>> Julian
>>>>>>>
>>>>>>>>
>>>>>>>> On Tue, 2009-07-14 at 11:28 +0200, Julian Oliver wrote:
>>>>>>>>> ..on Mon, Jul 13, 2009 at 10:44:23PM +0200, adam hyde wrote:
>>>>>>>>>> hey
>>>>>>>>>>
>>>>>>>>>> on the copyright issue ...
>>>>>>>>>> rp
>>>>>>>>>> i think it would  be a good opportunity to provoke people to
>>>>>>>>>> think about
>>>>>>>>>> copyright - to release a statement way outside of the
>>>>>>>>>> arguments of this
>>>>>>>>>> debate, and go for the throat. in my mind that is a statement
>>>>>>>>>> outlining
>>>>>>>>>> that we think the current debate is ridiculous because
>>>>>>>>>> copyright is
>>>>>>>>>> broken and useless.
>>>>>>>>>>
>>>>>>>>>> so, perhaps the position to take, and one that might provoke
>>>>>>>>>> people to
>>>>>>>>>> think and might also catch some news-space, is to tell people
>>>>>>>>>> that we
>>>>>>>>>> dont want copyright at all...
>>>>>>>>>
>>>>>>>>> Hrmm.. as you (very) well know there is nothing wrong with
>>>>>>>>> copyright in itself,
>>>>>>>>> in fact copyright can't be avoided. Since the 1886 Berne
>>>>>>>>> convention it's been a
>>>>>>>>> naturally assigned right at the point of creating something:
>>>>>>>>> you can't
>>>>>>>>> not-have-made something you've already made. It's the terms of
>>>>>>>>> which that are
>>>>>>>>> later defined and it's here that problems propogate..
>>>>>>>>>
>>>>>>>>> There are socially destructive forms of copyright and socially
>>>>>>>>> creative forms of
>>>>>>>>> copyright. The GPL is very much a copyright license as are all
>>>>>>>>> the creative
>>>>>>>>> commons licenses (as you know), both of which were created to
>>>>>>>>> be productive at
>>>>>>>>> the user level.
>>>>>>>>>
>>>>>>>>> The difference between socially destructive copyright (no right
>>>>>>>>> to remix / no
>>>>>>>>> right to learn from / what you buy is not yours to share) and
>>>>>>>>> socially
>>>>>>>>> productive/creative copyright (right to remix, modify,
>>>>>>>>> distribute) needs to be
>>>>>>>>> emphasised.
>>>>>>>>>
>>>>>>>>> To these ends I think one of the terms that really needs to be
>>>>>>>>> squashed is
>>>>>>>>> 'CopyLeft'; it implies that Creative Commons and the GPL are
>>>>>>>>> somehow
>>>>>>>>> 'anti-copyright' which is far from the case. This confuses
>>>>>>>>> people greatly and
>>>>>>>>> only serves to undermine any real education on positive, albeit
>>>>>>>>> reformist,
>>>>>>>>> directions in policy that benefit the public in general.
>>>>>>>>>
>>>>>>>>> Cheers,
>>>>>>>>>
>>>>>>>>> Julian
>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> On Sun, 2009-07-12 at 14:46 +1200, Douglas Bagnall wrote:
>>>>>>>>>>> hello list.
>>>>>>>>>>>
>>>>>>>>>>> You have probably heard of fuss over "section 92a", a
>>>>>>>>>>> proposed amendment
>>>>>>>>>>> to copyright law that would allow for your internet
>>>>>>>>>>> connection to be cut
>>>>>>>>>>> when someone says you are using it piratically.  It got
>>>>>>>>>>> passed as law,
>>>>>>>>>>> put on hold, thrown out, and is now perhaps fighting its way
>>>>>>>>>>> back.
>>>>>>>>>>>
>>>>>>>>>>> Throughout all of this ADA has had no position.  It seems to
>>>>>>>>>>> me that we
>>>>>>>>>>> share considerable membership (that's you list subscribers)
>>>>>>>>>>> with the
>>>>>>>>>>> Creative Freedom Foundation who led the battle against
>>>>>>>>>>> section 92 -- but
>>>>>>>>>>> we probably also share members with APRA and SPADA who
>>>>>>>>>>> supported the
>>>>>>>>>>> proposal.  So if we do take a position, it is not immediately
>>>>>>>>>>> clear what
>>>>>>>>>>> it should be.
>>>>>>>>>>>
>>>>>>>>>>> The CFF and its opponents are being terribly pragmatic and
>>>>>>>>>>> tactical in
>>>>>>>>>>> what they call for. They are fighting over what the actual
>>>>>>>>>>> law will look
>>>>>>>>>>> like, letter by letter.  Personally I'm in favour of a far
>>>>>>>>>>> more anarchic
>>>>>>>>>>> situation than anything the CFF dares advocate.  I understand
>>>>>>>>>>> their
>>>>>>>>>>> reasons, of course, but it makes me wonder: if ADA expresses
>>>>>>>>>>> an official
>>>>>>>>>>> opinion, should it be unashamedly fringe?  Should put out
>>>>>>>>>>> press releases
>>>>>>>>>>> like they did manifestos 100 years ago?
>>>>>>>>>>>
>>>>>>>>>>> Probably nothing will come of this.  I'm just curious as to
>>>>>>>>>>> whether ADA
>>>>>>>>>>> members want their trust to be making statements on stuff
>>>>>>>>>>> like this, and
>>>>>>>>>>> if so, what they want said.
>>>>>>>>>>>
>>>>>>>>>>> Douglas
>>>>>>>>>>>
>>>>>>>>>>> _______________________________________________
>>>>>>>>>>> Ada_list mailing list
>>>>>>>>>>> [email protected]
>>>>>>>>>>> http://aotearoadigitalarts.org.nz/
>>>>>>>>>> --
>>>>>>>>>> Adam Hyde
>>>>>>>>>> Founder FLOSS Manuals
>>>>>>>>>> German mobile : + 49 15 2230 54563
>>>>>>>>>> Email : [email protected]
>>>>>>>>>> irc: irc.freenode.net #flossmanuals
>>>>>>>>>>
>>>>>>>>>> "Free manuals for free software"
>>>>>>>>>> http://www.flossmanuals.net/about
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> _______________________________________________
>>>>>>>>>> Ada_list mailing list
>>>>>>>>>> [email protected]
>>>>>>>>>> http://aotearoadigitalarts.org.nz/
>>>>>>>>>
>>>>>>>> --
>>>>>>>> Adam Hyde
>>>>>>>> Founder FLOSS Manuals
>>>>>>>> German mobile : + 49 15 2230 54563
>>>>>>>> Email : [email protected]
>>>>>>>> irc: irc.freenode.net #flossmanuals
>>>>>>>>
>>>>>>>> "Free manuals for free software"
>>>>>>>> http://www.flossmanuals.net/about
>>>>>>>>
>>>>>>>>
>>>>>>>> _______________________________________________
>>>>>>>> Ada_list mailing list
>>>>>>>> [email protected]
>>>>>>>> http://aotearoadigitalarts.org.nz/
>>>>>>>
>>>>>> --
>>>>>> Adam Hyde
>>>>>> Founder FLOSS Manuals
>>>>>> German mobile : + 49 15 2230 54563
>>>>>> Email : [email protected]
>>>>>> irc: irc.freenode.net #flossmanuals
>>>>>>
>>>>>> "Free manuals for free software"
>>>>>> http://www.flossmanuals.net/about
>>>>>>
>>>>>>
>>>>>> _______________________________________________
>>>>>> Ada_list mailing list
>>>>>> [email protected]
>>>>>> http://aotearoadigitalarts.org.nz/
>>>>>
>>>> --
>>>> Adam Hyde
>>>> Founder FLOSS Manuals
>>>> German mobile : + 49 15 2230 54563
>>>> Email : [email protected]
>>>> irc: irc.freenode.net #flossmanuals
>>>>
>>>> "Free manuals for free software"
>>>> http://www.flossmanuals.net/about
>>>>
>>>
>> --
>> Adam Hyde
>> Founder FLOSS Manuals
>> German mobile : + 49 15 2230 54563
>> Email : [email protected]
>> irc: irc.freenode.net #flossmanuals
>>
>> "Free manuals for free software"
>> http://www.flossmanuals.net/about
>>
>>
>>
>>
>> ------------------------------
>>
>> _______________________________________________
>> Ada_list mailing list
>> [email protected]
>> http://list.waikato.ac.nz/mailman/listinfo/ada_list
>>
>>
>> End of Ada_list Digest, Vol 77, Issue 12
>> ****************************************
>>
>>
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