Tuesday, October 11, 2011

Try to Walk Away but I Stumble


Logo for StumbleUpon.com

Everyday, several individuals find themselves killing time by using a site known as StumbleUpon.com. This site allows for users to post sites, photos, music, articles, and everything else you can think of. A user will create a profile that discusses their preferences and StumbleUpon will then send you content that fits you. Then the user gets to comment on, Like, or dislike the content that was provided. The purpose of this site is to push around user-generated content like a virtual art gallery, and by doing this, allowing information to be passed from one another. Though some might argue that StumbleUpon is used only for humorous pictures and videos, I would argue that useful and interesting articles are available as well. For example, I was recently sent a quiz that from the BBC Science to Test my nervous system.
            I would argue that this falls under Lessig’s view of a Read/Write culture. One of the main differences between a Read/Write culture and a Read-Only culture is the ability for the producer of the content and the receiver of the content to have an open line of communication. So on Stumbleupon.com, a generator of a certain video or article can discuss with anyone about everyone’s opinions, feelings, and thoughts about the content that they just viewed.  So as opposed to a Read-only culture, a site such as Stumbleupon.com allows individuals to have a constant communication with others about art and by keeping an open discourse, we learn more. I believe that Lessig would certainly agree that this site works as a Community Space that allows users to be in control of what they view and post reviews based on their opinions.
Lawerence Lessig
            But how does StumbleUpon.com get away with using all this content without breaching some form of Copyright law? StumbleUpon.com has a nifty legal document attached to it’s homepage that discusses that exact point. In section 3 of Stumbleupon.com ‘s Terms of Services, it discusses the use of content and intellectual property on the site. Overall it states that they do not own the content that is placed on their page. They state that by agreeing to the Terms of Services, a user of the site that places content agrees that they are placing their own work and is responsible if they place content on the page that is illegal. That being said, StumbleUpon.com has the ability to remove anything from their site that they deem illegal. This Terms of Service is a way for Stumble Upon to protect themselves from any sorts of legal action. Even though Lessig would disagree with taking legal action upon one of the users of this site, I think that he would agree that with the existing law, that it would certainly be possible. But that is why Lessig created certain amendments he feels should be made dealing with copyright law.
All Get Out
            One of the first arguments Lessig makes is Deregulating Amateur Activity. What this means is that using content for a noncommercial reason by someone who is an amateur should not have to deal with the copyright law. For instance, someone who produces a video about a baby dancing, puts it up for free, who just wanted to create a minute video about their joy of being a parent, is no reason to sue. However, if a Miramax film uses an All Get Out song without receiving credit, then a breach of the law has happened and Miramax deserves to deal with the consequences.  Another change that Lessig discusses is decriminalizing file sharing. Lessig argues that, "authorizing at least noncommercial file sharing with taxes to cover a reasonable royalty to the artists whose work is shared, or by authorizing a simple blanket licensing procedure, whereby users could, for a low fee, buy the right to freely file-share." I talked to a friend of mine who once went to a Blue Scholars' concert. My friend said that one of the first thing that the hip-hop duo said when entering the stage was “I know that all of you didn’t buy our album, but that’s ok because we don’t see a lot of that money anyways. We get paid by our shirts and shows, so thanks for paying for our ticket and grab a shirt before you leave.” Blue scholars then began to play. This is why I believe a lot of people get angry when a record company starts a war over a song arguing that the band isn’t getting paid for the songs that one steals. Though some might argue that decriminalizing file sharing might keep bands from making the money they deserve for their work, I take the stance of the indie band that see’s more money from selling shirts, posters, stickers, and concert tickets that would rather have you come to the concert.
 I feel as if Lessig makes a great argument for bettering copyright law.  I look at sites like StumbleUpon.com, Wikipedia, and Youtube.com and I realize how much I learn from these sites. StumbleUpon.com shows me useless videos, but I have also received a good amount of useful articles about filmmaking, psychology, and music. Some of these videos are of local bands playing a concert that was recorded on a smart phone. At the same time, had I not seen that video, I might not be the fan that I am today. I argue that a read/write culture is an important part of the way we learn, and if that is taken away from us, then we won’t really have a lot left. 





A video about how most popular bands are thieves. Enjoy