Friday, September 23, 2005

Open Source vs. Copyright

Google Scholar was such a success stirring conversation that I want to follow up, taking as a point of departure Dunce's passing mention of open-source vs. limited-access scientific research. I'll pose some questions to you, readers, at the end. First, I want to provide a very narrow, limited context for discussion -- limited because the subject is so immense, my knowledge is not extensive, and my time is about as limited as my knowledgebase.I've thought a lot about this subject lately. The idea of open source is not new, but I gained direct access to it via my interest in e-Learning, Web-based training, and Web development (for that purpose). I found online communities of instructional designers, IT/corporate trainers, courseware authors, Web developers, database programmers, etc. all sharing large blocks of PHP, Flash, and assorted other types of code/script. I also found open source e-Learning course management systems, such as Moodle. Open source communities and resources in IT and IT-related fields are really extraordinary in scope, I've since learned.Since anyone can conveniently select View>Page Source on your Web broswer to view and even "borrow" someone else's code/script, I never seriously considered code/script proprietary. Many Web developers use the built-in HTML "notes" tag to help other designers understand how a script or code works. Code and script can be proprietary, of course. In a way, it's analogous to writing a book. Both require creative manipulation of a standard language (complete with its own rules for semantics and syntax) to create, innovate, and communicate. In fact, I've seen freelance Web development jobs where companies stipulate they retain rights to code, just as magazines do for an exclusive article or cover design. I'd say the IT community operates under some of the most democratic professional practices I've seen, from open source and documentation projects to white papers and working papers related to things like Semantic Web, RSS/RFD, and special problems with XML development.Shift now to the arts, entertainment, media, and publishing industry, where virtually everything is governed by iron-clad copyright laws to protect proprietary and creative collateral. I've heard the complexities of getting permission to use pop songs in broadcast commercials can be more complex than navigating the most draconian government bureaucracies. Google came under fire recently for their project to scan and make searchable all the world's print-based documents via the Internet. Protests about copyright, intellectual property, and lost business revenue have temporarily halted the project (last I heard).In between these two worlds is education, partly governed in the U.S. by "Fair Use" laws (section 106) contained within the U.S. Copyright Act. Fair use laws provide a somewhat ambiguous guide for using materials in conferences, seminars, lectures, and even departmental meetings. I have no expertise or credibility on this subject, but many issues I’ve heard about often hinge on definitions of terms such as "distribution," "performance," "audience," and yes, even "education." For instance, is showing a single printed page converted into a Web-based presentation page in a closed seminar "distribution"? And if a janitor walks by during a "closed session" and sees information displayed on a screen, how does that change audience dynamics? (Silly question, but I heard of a case similar to this dealing with "closed" vs. "open" seminar audiences. I think there's even a limited number of people and percentage of a text you can use without getting in trouble.) Again, I'm not an expert on this, but with corporate, public, and private education embracing online and distance learning, I'm sure there will be many interesting Supreme Court cases in the future.Finally, on a somewhat related note, Monday marks the beginning of one of my favorite annual festivities: Banned Books Week, sponsored by the American Library Association. BBW is to English majors what Easter week is to Christians.The critical connection between BBW and earlier discussion is access. Free access and unlimited freedom to reproduce, distribute, and even use information in personal work makes open source a nice fit for democratic societies. It encourages self-education and free exchange of information to benefit us all. It encourages collaboration and networking, in turn fostering ideas and innovation. On the other hand, controlling the scope of access (e.g. reproduction, distribution, etc.) to artistic, enterprise, and proprietary information -- in turn protecting a person or company's "original" work or idea -- is what makes copyright necessary, some say. Profits from copyright drive entrepreneurial, artistic, and scientific/technological innovation.These two ideas -- open source and copyright -- stand directly opposed to one another, at least philosophically. Open source is also the financially altruistic antithesis of capitalism’s copyright opportunism. Yet, they can and do co-exist. So what do you, readers, see as the future? Do you think we will move toward more open source information, spurred by the Internet, Google, and the host of related geo-political, economic, cultural, and societal factors. Or do you think the future holds even more stringent attempts to exercise copyright laws? If the latter, how do you enforce it on the Internet and across different countries' citizens? What might the ramifications of either be? And which do you feel is better and why? Feel free to "reframe" the discussion; there are lots of entries, and I’ve only scratched the surface. I'm interested in hearing your responses, since I have a wide range of readers -- from IT professionals and researchers/educators to journalists and marketing professionals. For other readers, it may be interesting if you mention your industry in your responses.

I look forward to reading your thoughts.