<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: $675,000 fine for downloading 30 songs</title>
	<atom:link href="http://christinemadsen.com/2009/700000-fine-for-downloading-30-songs/feed/" rel="self" type="application/rss+xml" />
	<link>http://christinemadsen.com/2009/700000-fine-for-downloading-30-songs/</link>
	<description></description>
	<lastBuildDate>Thu, 27 May 2010 17:28:43 -0700</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.0</generator>
	<item>
		<title>By: David Berry</title>
		<link>http://christinemadsen.com/2009/700000-fine-for-downloading-30-songs/comment-page-1/#comment-57</link>
		<dc:creator>David Berry</dc:creator>
		<pubDate>Mon, 03 Aug 2009 14:25:51 +0000</pubDate>
		<guid isPermaLink="false">http://people.oii.ox.ac.uk/madsen/?p=29#comment-57</guid>
		<description>That is an interesting point but bound up in the meaning of the word free, of course. Especially as public libraries are &#039;free&#039; as in freedom and &#039;free&#039; as in gratis to use. Clearly they are not &#039;free&#039; as in peer2peer pirate networks, but some pirate networks do nontheless perform library-like services (as Vaidhyanathan points out in The Anarchist in the Library) also as Bodo Balacz points out in relation to pirate networks.

I actually think, though, that particularly in the UK libraries fall too far on the other side whereby they attempt to appease the copyright industries before thinking about the consequences for the citizen that they are there to serve. I am thinking here about the British Library&#039;s recent tie-up with Microsoft on an essentially proprietary platform to hold some of the Nation&#039;s treasured archives. Here, if anywhere, was a place where the questions raised by free culture should have been more carefully thought through in terms of open access, lock-in and what the library of the 21st century could and should be.

Here I am thinking of your convincing argument that libraries have to move from a 20th Century idea of being mere book &#039;managers&#039;, to being proactive partners in utilising information archives. Giving Microsoft the contract in a sense positions the British Library as mere &#039;content manager&#039; between the library visitor and data stored in Microsoft software. I suppose when a library starts talking about &#039;content&#039; its not a great sign...

David</description>
		<content:encoded><![CDATA[<p>That is an interesting point but bound up in the meaning of the word free, of course. Especially as public libraries are &#8216;free&#8217; as in freedom and &#8216;free&#8217; as in gratis to use. Clearly they are not &#8216;free&#8217; as in peer2peer pirate networks, but some pirate networks do nontheless perform library-like services (as Vaidhyanathan points out in The Anarchist in the Library) also as Bodo Balacz points out in relation to pirate networks.</p>
<p>I actually think, though, that particularly in the UK libraries fall too far on the other side whereby they attempt to appease the copyright industries before thinking about the consequences for the citizen that they are there to serve. I am thinking here about the British Library&#8217;s recent tie-up with Microsoft on an essentially proprietary platform to hold some of the Nation&#8217;s treasured archives. Here, if anywhere, was a place where the questions raised by free culture should have been more carefully thought through in terms of open access, lock-in and what the library of the 21st century could and should be.</p>
<p>Here I am thinking of your convincing argument that libraries have to move from a 20th Century idea of being mere book &#8216;managers&#8217;, to being proactive partners in utilising information archives. Giving Microsoft the contract in a sense positions the British Library as mere &#8216;content manager&#8217; between the library visitor and data stored in Microsoft software. I suppose when a library starts talking about &#8216;content&#8217; its not a great sign&#8230;</p>
<p>David</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: christine.madsen</title>
		<link>http://christinemadsen.com/2009/700000-fine-for-downloading-30-songs/comment-page-1/#comment-56</link>
		<dc:creator>christine.madsen</dc:creator>
		<pubDate>Mon, 03 Aug 2009 13:21:30 +0000</pubDate>
		<guid isPermaLink="false">http://people.oii.ox.ac.uk/madsen/?p=29#comment-56</guid>
		<description>I think my arguments are not as well nuanced as yours, Dave, which probably masks the fact that I agree with you. I agree that the free culture debate should be about using media in new ways. What frustrates me about so much of the current discourse, though, is that three years after you pointed it out in your article, most arguments still take place within a moral register. You said:

&lt;blockquote&gt;
Claims to authority are made by reference to a priori human rights divorced from the political realm. Decisions are made between “right” and “wrong” (note the quite deliberate scare quotes) on the basis of a supposedly shared morality. There is then no ground for further discussion, as the terms of the decision have already been set a priori. This has dangerous consequences.&lt;/blockquote&gt;

And I think this is still the primary problem with 95% of the free/libre culture debate. The references to public libraries then seem to try and tap into this moral register by arguing that if you don&#039;t think all downloading and filesharing is ok, you must also think that public libraries are bad. I think this does a disservice to libraries and to the whole free/libre movement.</description>
		<content:encoded><![CDATA[<p>I think my arguments are not as well nuanced as yours, Dave, which probably masks the fact that I agree with you. I agree that the free culture debate should be about using media in new ways. What frustrates me about so much of the current discourse, though, is that three years after you pointed it out in your article, most arguments still take place within a moral register. You said:</p>
<blockquote><p>
Claims to authority are made by reference to a priori human rights divorced from the political realm. Decisions are made between “right” and “wrong” (note the quite deliberate scare quotes) on the basis of a supposedly shared morality. There is then no ground for further discussion, as the terms of the decision have already been set a priori. This has dangerous consequences.</p></blockquote>
<p>And I think this is still the primary problem with 95% of the free/libre culture debate. The references to public libraries then seem to try and tap into this moral register by arguing that if you don&#8217;t think all downloading and filesharing is ok, you must also think that public libraries are bad. I think this does a disservice to libraries and to the whole free/libre movement.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: David Berry</title>
		<link>http://christinemadsen.com/2009/700000-fine-for-downloading-30-songs/comment-page-1/#comment-55</link>
		<dc:creator>David Berry</dc:creator>
		<pubDate>Mon, 03 Aug 2009 10:19:53 +0000</pubDate>
		<guid isPermaLink="false">http://people.oii.ox.ac.uk/madsen/?p=29#comment-55</guid>
		<description>I think you are confusing the arguments for free culture here. Firstly, accepting that there are a number of different flavours of free culture is vital, particularly as Lessig represents one of the more conservative version of it. Secondly, free culture is about freedom to use media in new ways - especially (although not necessary limited to) in non-commercial ways which in the past have been unregulated (Lessig&#039;s point). Thirdly, free culture is linked to the way in which the conversion of information and knowledge into property rights has dangerous implications for the ability to use said knowledge and information within a public sphere - that is in terms of debate and transformative uses that enhance the public realm.

Anyway, I strongly disagree that free culture is limited to freedoms for the &#039;consumer&#039;, rather it is about the citizen. See &lt;a href=&quot;http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/1403/1321&quot; rel=&quot;nofollow&quot;&gt;The politics of the libre commons&lt;/a&gt; for a discussion of these issues in more detail.</description>
		<content:encoded><![CDATA[<p>I think you are confusing the arguments for free culture here. Firstly, accepting that there are a number of different flavours of free culture is vital, particularly as Lessig represents one of the more conservative version of it. Secondly, free culture is about freedom to use media in new ways &#8211; especially (although not necessary limited to) in non-commercial ways which in the past have been unregulated (Lessig&#8217;s point). Thirdly, free culture is linked to the way in which the conversion of information and knowledge into property rights has dangerous implications for the ability to use said knowledge and information within a public sphere &#8211; that is in terms of debate and transformative uses that enhance the public realm.</p>
<p>Anyway, I strongly disagree that free culture is limited to freedoms for the &#8216;consumer&#8217;, rather it is about the citizen. See <a href="http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/1403/1321" rel="nofollow">The politics of the libre commons</a> for a discussion of these issues in more detail.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
