May 2007


I’d been hearing rumblings about a new book, The Cult of the Amateur by Andrew Keen, for a while now — its apparently a screed against the Internet for allowing amateur purveyors of information, opinion, and art to swamp the traditional, expert, professional providers of such things. I have not read the book, and am certainly curious to see what he manages to marshal by way of evidence or persuasive argument, as I am most certainly already skeptical of his central premise. But Lawrence Lessig, who apparently was privy to an early copy, has already sharply and beautifully taken Keen and his book to task. No surprise, Lessig disagrees with Keen’s argument, and no surprise, Lessig shows up in Keen’s book as a champion of the amateurish Internet. But Lessig performs a surgical smackdown, noting not only Keen’s mischaracterization of Lessig’s position, but a series of fundamental and painfully obvious errors and overstatements that, he notes, are endemic to the book.

Lessig goes so far as to winkingly suggest that, in fact, Keen is defending the amateur, by demonstrating that the old model — major publisher anoints expert author to say authoritative things to mass audience — can produce just as much crap as the Internet does.

Well, Keen, you wanted a return to the authority of experts. You got one.

Lessig is bringing up sideways a point I like to tackle head-on in my classes. I find the most interesting aspect of these phenomena (be it Wikipedia or blogging or YouTube or Amazon recommendations) is the way that they force is to recognize that the established mechanisms and institutions of information and culture (be it Encyclopedia Brittannica or The Wall Street Journal or NBC or Consumer Reports) are themselves socially produced, historically contingent, institutionally bound, and systematically imperfect systems. They too have an implicit, built-in philosophy of where knowledge and culture come from and how one knows to trust or appreciate it, they too are structurally better at getting at some things and worse at others, they too can be mishandled or exploited. This is not to say that we should adopt a relativist position, that any way of producing information is okey-dokey. We can have a discussion about specific kinds of resources are best served by particular arrangements, some of which may benefit from wider, amateur participation, others benefiting from more bound, trained communities. But it obligates us to give up this kind of comfortable certainty we enjoy about those traditional forms, the social authority they have built up over time that cloaks their imperfections. And just as much as the Internet and its applications may be highlighting this, the traditional institutions of knowledge are doing a fine job revealing their own weaknesses all by themselves — from the failure of the political press to challenge the run up to war in Iraq, to the diminishing cultural relevance of major label music, to the crushing consolidation of corporate radio , etc etc.

This is just amazing — Eric Faden’s montage made entirely of Disney films that, nearly word by word, explain copyright law, fair use, and Disney’s strong arm tactics. Another triumph from Sut Jhally’s Media Education Foundation, which produced, among other things, the Dreamworlds series.




Creative, clever, and just a little scary that he was even able to do it. Now let’s see what Disney has to say.

I just got word of an interesting notice that went out a few days ago from the new group Public.Resource.org dedicated to maintaining public intellectual resources. The memo to the Internet, which is worth reading even if you’re not a copyright-nik like me, tells of a Smithsonian image archive that has recently been made available online, and includes 6288 images. However, the site is difficult to navigate, only allows users to see low-res, watermartked images, and charges $200 for ligh-res images. Its copyright notice prohibits re-use without permission. The problem, as the memo points out, is that most of these images are in the public domain (their copyright term has run out) and the Smithsonian is a government organization, which is not supposed to hold copyright on its works.

So, the Public.Resource.org group has downloaded all the low-res images, organized them, and made them available for download in various user-friendly formats. (I’m downloading a 545Mb .tar archive of them as we speak.) They are also working to purchase all of the high-res images, and will make those that are in the public domain available online. Themselves.

One of the problems with the current context around information rights is that the whole terrain is precarious; content owners and database managers and trade organizations are so lawsuit happy, the kind of casual, small-scale, experimental uses that used to flourish in the space opened by the rarity and cost of lawsuits is nearly gone. So it has become necessary for groups who either think they have an airtight legal right, or are willing and able to risk a lawsuit to test it, to thumb their nose at copyright holders, as Public.Resource.org is doing here. Sut Jhally, the one behind the amazing Dreamworlds videos and the Media Education Foundation, recently commented at a conference that more copyright scholars need to be actively seeking lawsuits so that some of these principles can be tested. There are only so many who are in a position to do this, although kudos have to go to the activist organizations and academic centers who have taken up this challenge. Bravo.

(By the way… the blog nearly faded out of existence, but summer is upon us, grading is done, and I’m ready ro take up the reins again. Hopefully, you’ll be hearing more from me, more regularly. Tell your friends.)