<-- The Filter --> January 2006
January 12, 2006
No. 8.01 < -- The Filter -- > January 2006
 Berkman Updates
 Networked: Bookmarks, Webcasts, Podcasts, Tags, and Blogposts
 Community Links
 Staying Connected
 Filter Facts
***We are currently redesigning the Filter's format and content so that it's easy to read and more informative. If you have ideas for new features or if there are changes you'd like to see made (or not made!), please send an email to amichel AT cyber.law.harvard.edu. We welcome all feedback.***
 NEWS: a bit of what's going on and where to read more
*ETHICS, US CORPORATIONS, AND THE INTERNET*
MSN Spaces took down Chinese blogger Zhao Jing's blog on New Years Eve. Zhao Jing, who blogs under the pseudonym Michael Anti, blogged in support of editors at the Beijing Daily News who were fired for their recent investigative reporting, including such stories as the recent police shootings of village protestors in southern China, and of the Beijing Daily News reporters who quit thereafter in support of their editors. His blog disappeared a few days after he published his posts that were critical of the newspaper. On January 3rd Berkman Fellow Rebecca MacKinnon blogged that Anti's blog was deleted entirely by MSN staff and not blocked by Chinese authorities. Since then the blogosphere has been on fire, asking why MSN staffers took down the blog and whether they should have that authority.
In the wake of recent challenges faced by a variety of online service providers, hardware and software companies, this adds to the growing concern over how technology companies interact both profitably -- and responsibly -- with repressive governments.
* Jan. 3 Rebecca MacKinnon, Berkman "Microsoft takes down Chinese blogger": <http://rconversation.blogs.com/rconversation/2006/01/microsoft_takes.html>
* Jan. 3 Robert Scoble, Microsoft "My opinions on that":
* Jan. 4 Ethical Corporation "Internet Censorship - When In Rome?": <http://www.ethicalcorp.com/content.asp?ContentID=4040>
In September 2005, John Seigenthaler Sr., former assistant to Robert Kennedy and now a retired journalist, discovered that an article in Wikipedia contained false claims about his past, including that he may have had a role in the assassinations of both John F. Kennedy and Robert F. Kennedy. In October 2005 Seigenthaler contacted Wikipedia founder Jimmy Wales, who removed the inaccurate information. Nevertheless Seigenthaler then published an op-ed detailing his attempts to identify the source of the inaccurate information and criticizing Wikipedia for hosting false claims by an anonymous user.
While Wikipedia took steps to avoid a repeat, debate ensued about the virtues of anonymity (and an IP address) versus persistent online identity, and what standards Wikipedia ought to be judged by. As explained by Berkman Fellow David Weinberger on his blog: "With Wikipedia, the balance of knowing shifts from the individual to the social process. The solution to a failure of knowledge (as the Seigenthaler entry clearly was) is to fix the social process, while acknowledging that it will never work perfectly. There are still individuals involved, of course, but Wikipedia reputations are made and advanced by being consistent and persistent contributors to the social process. Yes, persistent violators of the social trust can be banished from Wikipedia, but the threat of banishment is not what keeps good contributors contributing well. Wikipedia is obviously not the first and only instance of this type of knowing in our history. But the balance of heroic individual knowers and persistent, pseudonymous social processes is sufficiently different that the media generally have gone wrong with this story. After all, reporters are held accountable when they get something wrong, so why shouldn't Wikipedians? A: Because Wikipedia isn't a newspaper and newspaper practices aren't the only way to knowledge."
* John Seigenthaler's USA Today op-ed: <http://www.usatoday.com/news/opinion/editorials/2005-11-29-wikipedia-edit_x.htm#>
* David Weinberger, Berkman Fellow, took on this question in his last Hyperorg journal piece, titled "Why the Media Can't Get Wikipedia Right":
* Daniel Terdiman (C|Net), "Newsmaker: In search of a Wikipedia Prankster": <http://news.com.com/In+search+of+the+Wikipedia+prankster/2008-1029_3-5995977.html>
* Wikipedia entry "John Seigenthaler Sr. Wikipeda biography controversy": <http://en.wikipedia.org/wiki/John_Seigenthaler_Sr._Wikipedia_biography_controversy>
*WIPO - SHOULD TV AND BROADCAST RIGHTS BE EXTENDED TO THE INTERNET?*
In April and June 2006 the World Intellectual Property Organization (WIPO) will consider the Broadcasting and Webcasting Treaty. If adopted, the new treaty would give broadcasters copyright-like control over their broadcasts, even if the content of the broadcasts is in the public domain. Worse still, if controversial webcasting provisions are included, anyone who serves up material online "will be granted the right to authorize or prohibit anyone from copying their data, or republishing or re-using the webcast in any form," again, regardless whether they own the rights in the underlying material. The US and European Union support the creation of this new Internet-based right, while others, particularly developing countries such as Brazil and India, oppose it. Proponents say they're advancing "parity" for webcasters and broadcasters. Opponents point to lack of evidence that new rights are needed, suggesting that added layers of rights and clearances would actually stifle innovation and creative development.
Considering the explosion of user-generated material that is weblogged, podcasted, Flickr'd, or Wikipedized (and already protected under current law, including by various Creative Commons copyright licenses), it seems unlikely that "webcasting" is threatened without new rights.
For the full picture:
* James Love, Huffington Post, "A UN/WIPO Plan to Regulate Distribution of Information on the Internet":
* James Boyle, Financial Times, "More rights are wrong for webcasters": <http://news.ft.com/cms/s/441306be-2eb6-11da-9aed-00000e2511c8.html>
-Wendy Seltzer, Berkman Fellow, contributed to this news item.
 BERKMAN UPDATES: news from in and around the center
*John Palfrey Appointed Harvard Law School Clinical Professor of Law*
At the end of last semester the Faculty of Harvard Law School voted to appoint John Palfrey as a Clinical Professor of Law. This appointment recognizes the enormous contributions John has made since becoming the Berkman Center’'s Executive Director in 2002. Everyone at Berkman - its faculty, fellows, staff, and friends - is extremely proud of John'’s extraordinary achievements and wish their intrepid leader, known for his equal measures of brilliance, commitment, kindness, and modesty, the best in this exciting new phase of his career.
Keep reading: <http://cyber.law.harvard.edu/home/home?wid=10&func=viewSubmission&sid=883>
*Undergrad Berkman Fellow, Derek Slater, Co-Author of Industry Paper on Playlists*
On December 13 Berkman Student Fellow Derek Slater and Gartner Research Director Mike McGuire released "Consumer Taste Sharing Is Driving the Online Music Business and Democratizing Culture," a report that documents the extent of peoples' use of consumer-to- consumer recommendation tools, like playlist sharing.
Drawing from an early-adopter survey conducted through Gartner, Derek and Mike found that consumer-to-consumer recommendation tools, like playlists, enable consumers to actively present their individual tastes to each other and are becoming increasingly common. According to survey results, nearly 20 percent of online music listeners reported listening to music via playlists at least five days a week.
* Report: <http://cyber.law.harvard.edu/home/uploads/511/11-consumerTasteSharing.pdf>
* Berkman Blogpost "Playlists, Podcasting, and Other New Forms of Sharing": <http://cyber.law.harvard.edu/home/home?wid=10&func=viewSubmission&sid=879>
* Derek Slater's "A Copyfighter's Musings" Post:
*Clinical Program Semester Overview*
A favorable decision in a case with important implications for online free speech capped off a busy and exciting fall semester for the Berkman Center's Clinical Program in Cyberlaw. The case, Gentle Wind Project v. Garvey, involved a defamation and civil RICO lawsuit brought by a fringe religious group against two former members who posted a web site recounting their abusive experiences in the group. Their web site was linked to, and discussed by, operators of anti- cult organizations. The religious group charged that the links and discussions between the defendants and other anti-cult organizations was tantamount to an ongoing criminal enterprise. A federal district court, however, strongly disagreed, and granted summary judgment for the defense on both the RICO and defamation claims. Berkman Center clinical students assisted defense counsel with research and drafting of the dispositive summary judgment memoranda.
For more information on the Clinical Program, or to determine if the Clinic might be able to assist with a particular high-tech legal issue:
 NETWORKED: PAPERS, BOOKMARKS, WEBCASTS, PODCASTS, TAGS, AND BLOGPOSTS
Links to Berkman conversations happening online
ARTICLE: "Without a Net," Jonathan Zittrain:
PAPER: Beyond Internet Governance: The Emerging International Framework for Governing the Networked World, Mary Rundle:
PAPER: Regulating Search? Call for a Second Look, Urs Gasser: <http://blogs.law.harvard.edu/ugasser/2005/11/30#a382>
THREAD: The Commonwealth's ODF Forum, Dec. 14, Berkman Blog:
BLOGPOST: ICANN: How to listen to the individual Internet user, Wendy Seltzer
BLOGPOST: What a Network Neutrality Rule wants, David Isenberg : <http://isen.com/blog/2005/12/what-network-neutrality-rule-wants.html>
PLAYLIST: Free Culture and Municipal Wi-Fi, Jonah Bossewitch: <http://h2obeta.law.harvard.edu/73538>
WEBCASTS: David Weinberger and David Isenberg at Oxford Internet Institute, <http://webcast.oii.ox.ac.uk/>
*CITIZEN MEDIA AND JOURNALISM*
BLOGPOST: Why the media can't get Wikipedia right, David Weinberger : <http://www.hyperorg.com/backissues/joho-dec29-05.html#wikipedia>
BLOGPOST: Global Voices Summit: Emergence of a Conversation Community, Rebecca MacKinnon
BLOGPOST: Thoughts on the Future of Journalism, Rebecca MacKinnon
LINK: Toot, <http://www.itoot.net/>
PAPER: Consumer Taste Sharing Is Driving the Online Music Business and Democratizing Culture, Mike McGuire and Derek Slater:
PLAYLIST: A Playlist About Music Playlists and Other Taste-Sharing Tools, Derek Slater: <http://h2obeta.law.harvard.edu/74724>
PAPER: Catch-As-Catch-Can: A Case Note on Grokster, Urs Gasser and John G. Palfrey, Jr.
BLOGPOST: Getting OPML, John Palfrey:
 COMMUNITY LINKS:
featuring our affiliates and friends
"Will Fair Use Survive?" (Free Expression Policy Project at NYU's School of Law) by Marjorie Heins and Tricia Beckles:
CC in Review: Lawrence Lessig on Final Thoughts:
Open Internet Discussion Paper, Public Knowledge: <http:// www.publicknowledge.org/content/papers/20051201-open-internet-summary>
Public Knowledge Policy Blog: <http://www.publicknowledge.org/blogs/policy>
Electronic Frontier Foundation Action Center: <http://action.eff.org/site/PageServer?pagename=ADV_homepage>
Center for Social Media "Future of Public Media Project": <http://www.centerforsocialmedia.org/future.htm>
Stanford Center for Internet & Society blog: <http://cyberlaw.stanford.edu/blogs/>
Oxford Internet Institute: <http://www.oii.ox.ac.uk/>
Generation PRX, PRX's youth project: <http://generation.prx.org/>
Global Voices Online World Blog Aggregator: <http://www.bloglines.com/public/globalvoicesonline>
 STAYING CONNECTED:
how to find out about Berkman's weekly events
* We webcast every Tuesday Luncheon Speakers event. Luncheon Series events start at 12:30 pm Eastern Standard Time. The webcast link is <http://harmony.law.harvard.edu/luncheon.sdp> The Berkman homepage features next week's guest speakers every Thursday. Tune in!
* The Berkman Center sends out an events email every Wednesday. If you'd like to be notified of upcoming events - virtual and otherwise - please sign up by emailing amichel at cyber.law.harvard.edu.
* Future events are listed on the Berkman public calendar. It is available here: <https://cyber.law.harvard.edu/calendar/month.php>
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Editor: Amanda Michel