Who can use White House Flickr photos?

White House Makes Full Copyright Claim on Photos | The Moderate Voice (via Slashdot)

I had no idea that the White House was posting pictures to Flickr — how cool is that! As this story explains, however, they have begun asserting that only news organizations can use the images.  This runs directly against existing policy.

When you think about it, using a president’s image without consent is nothing new. The producers of the president emblazoned coins, plates, and t-shirts advertised on TV make plenty of cash without ever asking permission.

Perhaps the difference is, now the photos are so readily available in their full (original!) size glory.  Perhaps now it’s too easy or tempting for advertisers to use the image of a popular president. That doesn’t give the White House any excuse to break either the policy on photos or the well established (lack of) copyright for government works.

A response from Educause re course video streaming

Educause, the nationwide organization of educational technologists, has penned a response regarding the Association for Information and Media Equipment complaint to UCLA regarding streaming course videos. I’m glad to see that they are not recommending any change in course because of this.  In fact, they are taking a bit of a defensive tone by quoting blogs/comments that are quite critical of this action. Seems they are not going to take this lying down.

iPad lousy for geek education

I was aware of the Free Software Foundation‘s protests outside of the iPad release event, but I’ve been impressed at the reaction of some insightful bloggers and programmers. They are all expressing their frustration with the device’s restrictions on “tinkering.” On a normal computer, a user can install whatever application they like, and with the right skills a user can dig into the guts of the machine–and in this process learn a lot. What I really like about these posts is that they highlight how tinkering is absolutely necessary to spawning interest and creativity.

I started with Mark Pilgrim’s assessment (thanks to Slashdot), which begins with a great hook:

When DVD Jon was arrested after breaking the CSS encryption algorithm, he was charged with “unauthorized computer trespassing.” That led his lawyers to ask the obvious question, “On whose computer did he trespass?” The prosecutor’s answer: “his own.”

If that doesn’t make your heart skip a beat, you can stop reading now.

He continues to explain how his experience with Apple’s own ][e started him on the path of tinkering with computers at a very early age. He concludes by pointing out that future tinkerers have two choices: buy an annual $99 development license from Apple (beyond the budget of most pre-teens), or as his final assessment states:

And I know, I know, I know you can “jailbreak” your iPhone, (re)gain root access, and run anything that can motherfucking run. And I have no doubt that someone will figure out how to “jailbreak” the iPad, too. But I don’t want to live in a world where you have to break into your own computer before you can start tinkering. And I certainly don’t want to live in a world where tinkering with your own computer is illegal.

Once upon a time, Apple made the machines that made me who I am. I became who I am by tinkering. Now it seems they’re doing everything in their power to stop my kids from finding that sense of wonder. Apple has declared war on the tinkerers of the world. With every software update, the previous generation of “jailbreaks” stop working, and people have to find new ways to break into their own computers.

Pilgrim quotes a statement by Alex Payne about the iPad offering a better model for the average user–one where the computer is a simple to use device that has all of the complexity hidden away. He pointedly argues:

Apple’s decision to make the iPad a closed device is an artificial one. It’s been several years since I worked in security, but as best I understand, there’s no practical technical reason why the iPad must be its particular flavor of closed in order to be usable and reliable. It’s still possible to enforce sandboxing and resource limitations in an open system; it simply requires a different approach.

His view can perhaps be summed in a quote by yet another blogger, Lifehacker’s Adam Pash: “To say that ‘either a device is user friendly or it’s open’ is a false dichotomy.”

Essentially the argument of all three is that there is no reason to lock tinkerers out of the iPhone and iPad. What’s more, they argue that for future geeks it’s actually important that users be able to look under the hood if they want to. The culmination of these technical locks, the law protecting those locks, and the processes created to restrict the software that runs on these devices is not conducive to creativity as Apple might have you believe.

To answer Pash’s question “As power users, do we really want to send the message to Apple and other hardware manufacturers that we’re cool with them taking away our choice?” I think those of us who believe the answer to this question is “no” need to collectively let Apple know how important this is.  We need more than just a poll.

Maybe it’s time to read Zittrain’s The Future of the Internet again.

Password protected course videos – fair use?

A recent dispute between the Association for Information and Media Equipment and UCLA highlights the tenuous nature of online copyright in education. The article linked below summarizes:

Copyright law does include exemptions for professors who wish to use audiovisual media “in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction” — so long as the professor is not showing media that he or she knows has been made illegally. The university said streaming the video on a password-protected Web site, where only students who are registered members of the class can access it, satisfies these criteria.

But the trade group is arguing that a password-protected space on the Web is not a classroom. “The face-to-face teaching exemption allows a video to be played in class, not streamed to the classroom from a remote location,” Dohra said in an e-mail. “As to the fair use claim, when videos are streamed to students outside the classroom, password protection may limit access to some degree. However, requiring a password doesn’t make an infringement fair use.”

It’s my understanding that most of us who work in higher-ed technology support believe password protecting copyrighted materials to ensure that only students enrolled in a course brings them into compliance with the TEACH Act. This could be a signal of a big departure from that understanding.

via News: Hitting Pause on Class Videos – Inside Higher Ed.