How an “absolutist position” seeks to block even minor copyright exemptions, and usually succeeds
The Digital Millennium Copyright Act (DMCA) was passed in the US in 1998, at an early stage of the shift to a digital world, with little concern for the serious harm it would cause as everything became suffused with software. The problem is that the DMCA prevents circumvention of copyright protection measures (generally known as …
Penguin Random House hopes copyright bluster will scare off generative AI
As Walled Culture has reported, a number of major publishers have brought legal actions against generative AI companies, alleging copyright infringement. These cases are still grinding through the courts, but one publisher, Penguin Random House – one of the so-called “Big Five” publishing houses that dominate the industry worldwide – is not simply sitting back …
Where open access has failed to reform academic publishing, perhaps antitrust law will succeed
The open access movement has been trying for over 20 years to promote the widest access to knowledge. Sadly, as numerous Walled Culture posts have chronicled, what should be a matter of social justice has been subverted by clever and cynical moves from the academic publishing industry in order to retain their fabulous profit margins. …
Another sign that gold open access was a mistake, and that diamond open access is the future
The Bill & Melinda Gates Foundation is one of the most influential funding bodies in the world. According to one ranking, it is the second largest charitable foundation, and as of 31 December 2023 had an endowment of around $75.2 billion. That makes a shift in its publishing policy hugely important. An article in Chemical …
OCLC says “what is known must be shared”, but sues Anna’s Archive to stop it sharing knowledge
Back in March, Walled Culture wrote about the terrible job that academic publishers are doing in terms of creating backups of the articles they publish. We also mentioned there two large-scale archives that are trying to help, Sci-Hub and Anna’s Archive. Legal action by publishers against the former seems to have led to a halt …
Sharing material used to be the norm for newspapers, and should be for LLMs
Even though parents insist that it is good and right to share things, the copyright world has succeeded in establishing the contrary as the norm. Now, sharing is deemed a bad, possibly illegal thing. But it was not always thus, as a fascinating speech by Ryan Cordell, Associate Professor in the School of Information Sciences …
Yet more examples of how copyright destroys culture rather than driving it [Updated]
One of the supposed justifications for the intellectual monopoly called copyright is that it drives creativity and culture. In the last few weeks alone we have had multiple demonstrations of why the opposite is true: copyright destroys culture, and not by accident, but wilfully. For example, the MTVNews.com site, along with its sister site CMT.com, …
A rare copyright win for the public – but a small one, only in Canada, and possibly temporary
It is extraordinary that within the copyright world it is accepted dogma that legal protections for this intellectual monopoly should always get stronger – creating a kind of copyright ratchet. One of the manifestations of this belief was the WIPO Copyright Treaty, signed in 1996, which extended copyright in important ways. A key element was …
We are losing vast swathes of our digital past, and copyright stops us saving it
It is hard to imagine the world without the Web. Collectively, we routinely access billions of Web pages without thinking about it. But we often take it for granted that the material we want to access will be there, both now and in the future. We all hit the dreaded “404 not found” error from …
Research suggests more open access training for academics could help boost its uptake and support
Open access publishing, which allows people to read academic papers without a subscription, seems such a good idea. It means that anyone, anywhere in the world, can read the latest research without needing to pay. Academic institutions can spend less to keep their scholars up-to-date with work in their field. It also helps disseminate research, …
We risk losing access to the world’s academic knowledge, and copyright makes things worse
The shift from analogue to digital has had a massive impact on most aspects of life. One area where that shift has the potential for huge benefits is in the world of academic publishing. Academic papers are costly to publish and distribute on paper, but in a digital format they can be shared globally for …
How copyright makes the climate crisis worse
Many of the posts here on the Walled Culture blog examine fairly niche problems that copyright is causing. Although they are undoubtedly important, in the overall scheme of things they can hardly be called major. But sometimes copyright can have important repercussions in the wider world, as an interesting post on The Conversation makes clear. …
Texts of laws must be freely available, not locked away by copyright; in Germany, many still aren’t
It is often said that “ignorance of the law is no defence”. But the corollary of this statement is that laws must be freely available so that people can find them, read them and obey them. Secret laws, or laws that are hard to access, undermine the ability and thus the willingness of citizens to …
Important court ruling on copyright ought to lead to a blossoming of UK open culture – but will it?
There’s a post on the Creative Commons blog with some important news about copyright (in the UK, at least): In November 2023, the Court of Appeal in THJ v Sheridan offered an important clarification of the originality requirement under UK copyright law, which clears a path for open culture to flourish in the UK. In …
Mickey Mouse is public domain now, but the battle to prevent copyright term extensions is not over
The beginning of the year is a great time for the public domain, since it sees thousands of copyrighted works released from the intellectual monopoly that prevents their free creative use. Which works enter the public domain depends on the details of local copyright law, which varies around the world. But there’s a liberation that …
Another reason why diamond open access is best: no economic barriers to publishing rebuttals
Walled Culture has written numerous posts about the promise and problems of open access. An important editorial in the journal Web Ecology raises an issue for open access that I’ve not seen mentioned before. It concerns the fraught issue of rebuttal articles, which offer fact-based criticism of already-published academic papers: Critical comments on published articles …