SYMBOLIC SYSTEMS 209:
Battles Over Bits (3 units)
Autumn Quarter 2005-2006,
Stanford University
Instructor: Todd
Davies
Meeting Time: Wednesdays 7:00-9:30 PM (first meeting
on September 28)
Location: 460-334 (Margaret Jacks Hall, 3rd
floor)
Instructor's Office: 460-040C (Margaret Jacks Hall, lower
level)
Phone: x3-4091; Fax: x3-5666
Email: tdavies at
csli.stanford.edu
Office Hours: Tuesdays, Wednesdays, and
Thursdays 10:30 AM - 12:00 Noon
Course website:
http://www.stanford.edu/class/symbsys209/syllabus-0506.html
(this syllabus)
Updated
June 21, 2006
Prerequisite: Completion of Psych 40, Psych 70, or SymbSys 202; some background in economics would be helpful
Background:
In the age of
the Internet, information has increasingly taken on the
characteristics of what economists call a "public good".
A public good is one that is non-rival in consumption, meaning
that one person's consumption of the good does not preclude or
interfere with someone else's. If I have a private good, such
as an apple, then if I eat it up, you may not. If I give
it to you, I no longer have it. When information is only
available in a bundled physical form such as a book or a videotape,
then it too has characteristics of a private good. If I lend
you a book, then I no longer have it, unless I have two copies of the
same book. But on the Internet, I can send you a digital file of the
book without losing my own copy and we can then both read it.
Your consumption will not preclude or interfere with mine. The
information has thus become nonrival, or a "public good".
A public good may have the additional property of being
nonexcludable, meaning that it is either difficult or
impossible for the producer of the good to select who can and who
cannot consume it. Excludability is necessary if you want to
force people to pay for something. If a good is nonexcludable, then
if one person pays for and consumes the good, many more can consume
it without paying. When information is nonrival, then producers
of it are hard-pressed to prevent people from sharing it, since there
is little cost to the consumers and much they can gain from each
other through trading. With digital information such as songs,
movies, and software, producers attempt to restrict file sharing with
copy protection technology, but effective copy protection is
extremely difficult to achieve, and is in some sense impossible for
analog-convertible media. When copy protection fails, information is
nonexcludable.
Exclusion can, however, be enforced by
the state. Laws can be passed making it illegal for anyone to
obtain information without paying the producer, and surveillance
technology increases the government's ability to monitor
compliance.
Thus, the Internet has increased incentives for producers of
information who want to keep it excludable to try to get the
government to enforce the exclusion, through legal mechanisms such as
copyrights. This has led to an instance of what appears to be
the loser's
paradox: as the producers of information have lost economic
power, they have gained government favor; as network communication
technology has made information much easier to share, laws to prevent
sharing have been strengthened.
Access to communication
and to the Internet itself have also become more like public goods
through developments in wireless technology. If there is enough
spectrum to allow everyone to move as much data as they want through
the air, then we might expect long-distance communication to be
treated much like breathing: free to all without the need to pay a
fee. Once again, however, government can step in and declare
that wireless communication must be licensed, a barrier to entry that
then allows holders of the licenses to charge a fee for accessing
their networks. Public goods (or quasi-public goods) can arise
through government choice, as when a government builds a free highway
system, or when a portion of spectrum is unlicensed.
Increasingly, local governments have been attempting to create free
broadband networks. Proprietary network providers have acted to
prevent this, however, on grounds that government-subsidized free
networks constitute unfair competition with their fee-based
services.
Copyrights, trademarks, patents, and licenses are
all ways of legally restricting how people can use information.
As such, they depend on the notion of "intellectual property"
-- legal ownership and rights to control information that has been
produced through human effort. In the United States,
intellectual property generally entails economic rights: e.g., the
right to receive payment for information, or the right to a monopoly
in the market for an information-derived product. An
alternative perspective, however, has arisen from the "free
software" movement -- the idea of a "copyleft" license
like the GNU General
Public License (GPL). The GPL forswears a producer's
economic claims on the use and distribution of computer code for
users who agree to share any improvements they make to the code under
the same license. The GPL and related licenses are the basis of
the "open source" approach to software development.
Open source programs such as the Linux operating system and the
Firefox web browser have been denounced by proprietary software
vendors and, though the debate has cooled down somewhat, many in the
software industry view the whole concept as a threat to themselves,
the industry, and even the economy as a whole.
The
attempts by vested interests to influence public attitudes and
government policy have led to numerous legal and political
battles.
In all of these "battles over bits", proprietary and
commercial interests generally make two broad arguments: (1) some
form of exclusion is necessary for information and communication
industries to make a profit; and (2) the possibility of making a
profit is a necessary incentive for producing the communication
technology and information that most people want. In this
course, we will examine these and other arguments and assumptions
underlying recent battles over bits, applying critical thinking as
well as theory and evidence from several disciplines.
Course Overview:
This is a small,
reading- and discussion-based seminar.
During the first
half of the quarter (weeks 1-6), everyone will read a set of common
texts that span multiple perspectives on battles over bits.
Over the second half (weeks 7-10), each student will present a
(generally recent) book or set of articles related to the theme of
the course. Each student will pick the reading they will
present, read it, select part of it for everyone to read, distribute
copies (one week in advance), and then present and lead a discussion
on the book's or articles' ideas during a class session, sometime
between weeks 7 and 10 (inclusive).
In addition
to leading a discussion, each student will be expected to write a 5-8
page critical review of their chosen book or article set, to be
placed on this website at the end of the course, and to submit 1-3
page comments regarding both the excerpt and the class discussion of
two of the readings chosen by other students. These comments
will be attached to those books'/articles' sections on the website at
the end of the quarter (with students' permission). The class
will thus serve as a network of learners, sharing information with
other participants and interested visitors to the website, regarding
more books than any one of us would most likely have time to read on
our own.
Requirements:
The requirements
for the course are that each student (a) attend regularly and
participate in class, (b) lead a discussion, (c) write a 5-8 page
(double or 1.5-spaced, 11-point or greater font size) paper based on
the material they present, and (d) write two 1-3 page commentaries
based on material presented by other students. Final papers and
commentaries are due via email (html form) by 5 pm on Friday,
December 9, 2005. If everyone agrees, I will post papers and
commentaries on this website so that they can be read by all.
The following handouts (distributed in Week 4, revised slightly)
provide guidelines for discussion leading and for writing papers and
commentaries.
Grading Basis:
1. In-class discussion
leading (25%)
2. Written review (50%)
3. Comments on two
other topics discussed during the quarter (25%)
4. Borderline
grades will be influenced by attendance and participation (both
quality and quantity)
Schedule: (Access to some papers
may require a Stanford IP address)
Week 1 (September
28) -- Overview and Introductory Discussion
Week
2 (October 5) - Information and Communication
Required
Reading:
Supplementary Reading:
Tyson, J. How Internet infrastructure works, at Howstuffworks.com
National Cable & Telecommunications Assn. v. Brand X Internet Services (Supreme Court Case 04-277).
Reardon, M. (2005). FAQ: What is Brand X really about? ZDNet News. June 27.
Koprowski, G.J. (2005). Municipal wireless networks generating controversy. TechNewsWorld. April 26.
Sciannamea, M. (2005). Wireless Philadelphia drawing increasing scrutiny. WiFiBlog. September 14.
Supplementary Event:
Lessig on "Wireless SF: Digital City or Divided City?" (Monday, October 10, 7-9 pm at 111 Minna Gallery in san francisco) (entry fee paid for students in the class)
Week 3 (October 12) -- Organizations,
Systems, and Psychology
Required Reading:
Supplementary Reading:
Course website: The Rationality Debate (Symbolic Systems 202, Winter 2003-2004)
Corporate personhood - from Wikipedia, the free encyclopedia
Film (To Be Shown in Class):
Week 4 (October 19) -- Intellectual
Property - History and Theory
Required Reading:
Perelman, M. (2002). Steal This Idea: Intellectual Property Rights and the Corporate Confiscation of Creativity. Palgrave. Chapter 1 - The Ascension of Intellectual Property Rights (pp. 13-43), Chapter 5 - Economics versus the New Economy (pp. 163-191), and Chapter 6 - The Costs of Intellectual Property (pp. 193-207).
Supplementary Reading:
Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd. (Supreme Court Case 04-480). [pdf]
Info-Commons.org (links include an interview with Michael Perelman)
Stallman, R.M. (2005). Patent absurdity. The Guardian. June 20.
Ramsey, N. (2005). The hidden cost of documentaries. New York Times. October 16.
The Adelphi Charter on Intellectual Property, Innovation, and Creativity
Intellectual Property, Patents and Copyrights. Articles from Capitalism Magazine.
Labor theory of value - from Wikipedia, the free encyclopedia
Supplementary Event:
Week 5 (October 26) -- Free and Open
Source Software
Required Reading:
Supplementary Reading:
Free Software Foundation (1991). GNU General Public License. Version 2. June.
Perens, B. (1997/2005). The open source definition. Version 1.9.
Open source software - from Wikipedia, the free encyclopedia
Benkler, Y. (2002). Coase's penguin and the nature of the firm. The Yale Law Journal. 112:369-446.
Biancuzzi, F. (2005). RMS: The GPL is here to stay. ONLamp.com. September 22.
Marson, I. (2005). GPL 3 may tackle Web loophole. ZDNet News. September 27.
Supplementary Film (To Be Shown at the Symbolic Systems Forum on Thursday, October 13 at 4:15 pm in 380-380C):
Week 6 (November 2) -- Alternative
Futures
Required Reading:
Supplementary Reading:
Financing your free software with Google Adsense, by S. Sanfilippo
Turnbull, S.J. (2003). Comment on the "ransom model" for FSBs.
Making money using open source software, thread at Slashdot.org
Yu, H. (2005). A paradigm for payment - at Information Technology and the Law blog. March 10.
Supplementary Events:
Week 7 (November 9) -- Student-led
Discussions I
Required Reading:
Excerpts from Raymond, E. (1999). The Cathedral and the Bazaar. O'Reilly.
Week 8 (November 16) -- Student-led
Discussions II
Required Reading:
Excerpts from Abramson,
B. (2005). Digital Phoenix: Why the Information Economy
Collapsed and How It Will Rise Again. MIT Press.
Excerpts from Battelle, J. (2005). The Search:
How Google and Its Rivals Rewrote the Rules of Business and Transformed
Our Culture. Portfolio Hardcover.
Week 9 (November 30) -- Student-led
Discussions III
Required Reading:
Excerpts from Levy, F.
and Murnane, R.J. (2004). The New Division of Labor: How Computers
Are Creating the Next Job Market. Princeton University Press.
Excerpts from Vaidyanathan, S. (2004). The
Anarchist in the Library: How the Clash Between Freedom and Control Is
Hacking the Real World and Crashing the System. Basic Books.
Week 10 (December 7) -- Concluding
Discussion
Supplementary
Reading:
Pool of Suggested Readings for
Student-Led Discussions (Weeks 7-9):
Abramson, B. (2005). Digital Phoenix: Why the Information Economy Collapsed and How It Will Rise Again. MIT Press.
Bakan, J. (2004). The Corporation: The Pathological Pursuit of Profit and Power. Free Press.
Battelle, J. (2005). The Search: How Google and Its Rivals Rewrote the Rules of Business and Transformed Our Culture. Portfolio Hardcover.
Boyle, J. (1996). Shamans, Software, and Spleens: Law and the Construction of the Information Society. Harvard University Press.
Bradley, S. and Austin. R., editors (2005). The Broadband Explosion: Leading Thinkers on the Promise of a Truly Interactive World. Harvard University Press.
Dibona, C. (1999). Open Sources: Voices from the Open Source Revolution. O'Reilly.
Drahos, P. and Braithwaite, J. (2003). Information Feudalism: Who Owns the Information Economy? Norton.
Fisher, W.W. (2004). Promises to Keep: Technology, Law, and the Future of Entertainment. Stanford University Press.
Jaffe, A. and Lerner, J. (2004). Innovation and Its Discontents: How Our Broken Patent System Is Endangering Innovation and Progress, and What to Do About It. Princeton University Press.
Landes, W. and Posner, R. (2003). The Economic Structure of Intellectual Property Law. Belknap Press.
Lessig, L. (1999). Code and Other Laws of Cyberspace. Basic Books. Currently being updated via a wiki at Code v.2.
Lessig, L. (2002). The Future of Ideas: The Fate of the Commons in a Connected World. Random House.
Levy, F. and Murnane, R.J. (2004). The New Division of Labor: How Computers Are Creating the Next Job Market. Princeton University Press.
Litman, J. (2001). Digital Copyright: Protecting Intellectual Property on the Internet. Prometheus Books.
Markoff, J. (2005). What the Dormouse Said: How the 60s Counterculture Shaped the Personal Computer. Viking.
Moody. G. (2002). Rebel Code: Linux and the Open Source Revolution. Perseus.
Perelman, M. (2002). Steal This Idea: Intellectual Property Rights and the Corporate Confiscation of Creativity. Palgrave.
Raymond, E. (1999). The Cathedral and the Bazaar. O'Reilly.
Scotchmer, S. (2004). Innovation and Incentives. MIT Press.
Sell, S.K. (2003). Private Power, Public Law: The Globalization of Intellectual Property Rights. Cambridge University Press.
Stallman, R.M. (2002). Free Software, Free Society: Selected Essays of Richard M. Stallman. Free Software Foundation.
Thierer, A. (2002). Copy Fights: The Future of Intellectual Property in the Information Age. Cato Institute.
Torvalds, L. (2001). Just for Fun: The Story of an Accidental Revolutionary. Collins.
Vaidyanathan, S. (2001). Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York University Press.
Vaidyanathan, S. (2004). The Anarchist in the Library: How the Clash Between Freedom and Control Is Hacking the Real World and Crashing the System. Basic Books.
Weber, S. (2004). The Success of Open Source. Harvard University Press.
Williams, S. (2002). Free as in Freedom: Richard Stallman's Crusade for Free Software. O'Reilly.