Revolution Lullabye

June 8, 2009

Logie, Peers, Pirates, and Persuasion

Logie, John. Peers, Pirates, and Persuasion: Rhetoric in the Peer-to-Peer Debates. West Lafayette: Parlor Press, 2006.

Logie addresses through rhetorical historicism five terms used to describe sharing in the peer-to-peer debates (hacking, theft, piracy, sharing, and war), arguing that in order to understand the basis of the arguments on both sides of the debate, we must throughly investigate the language through which those arguments are being made. He believes that current copyright restrictions, including DMCA and the TEACH Act, are limiting the potential of people to create new culture and ideas. Logie argues that the composition classroom, where students are taught about the social nature of composition, plagiarism, individual authorship, and intellectual property, is an important place to talk with students about the rhetoric, language, and arguments behind these debates and to teach them how they might argue for a copyright law that allows for the creative potential the Internet promises.

Quotable Quotes

“And while the stakes of intellectual property debates ultimately devolve to who gets paid how much and when, the mechanism for assuring fair compensation—a limited monopoly right—has profound consequences for the circulation and availability of cultural artifacts.”(8)

“Digital media offer opportunities to efficiently archive and access the bulk of artistic and intellectual work created since the dawn of humanity.

This is not an overstatement. The potential intellectual and social utility of these now-hypothetical archives is staggering. Our challenge is to engage in a principled argument about how best to achieve this goal. ” (21)

“[RIAA and other big media corporations] had persuaded most Americans that the act of downloading copyrighted material from the Internet—whatever the context and purpose—was illegal. This victory was achieved in large part because of the successful rhetorical strategies of the content industries. And once these industries had persuaded Americans that downloading was criminal, the logical next step was to ensure that it was perceived as

violent crime.” (66)

“The past decade’s major legislative amendments to copyright—in particular the Copyright Term Extension Act, the Digital Millennium Copyright Act, the No Electronic Theft Act, and the TEACH Act—collectively constitute a disastrous appropriation of rights, privileges, and opportunities formerly understood to belong to the public at large. At the very moment that the most powerful cultural tool in human history—the networked personal computer—has become both widely available and largely affordable, the U.S. is busily drafting laws that reinforce a copyright model optimized long ago for the circulation of print-based media.” (141)

Notable Notes

how ethos and pathos play into both sides of the debate, Burkean identification

no statistical significance on the economic effect of P2P sharing on record companies…Napster failed to show how most of its activity was not the theft of protected commercial property, but rather sharing of free culture for the public good

piracy = theft by force, kidnapping, murdering, violence

Napster, P2P file sharers aren’t targetted for downloading but for uploading – for distribution

sound quality of MP3 and CD – two different purposes

limits ability of cut and pasting with purchased Adobe e-books

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February 13, 2009

Halbert, Poaching and Plagiarizing

Halbert, Debora. “Poaching and Plagiarizing: Property, Plagiarism, and Feminist Futures.” In Perspectives on Plagiarism and Intellectual Property in a Postmodern World. Eds. Lise Buranen and Alice M. Roy, eds. Albany, NY: SUNY Press, 1999. 111-120.

Intellectual property laws and copyright should be eliminated in favor a view of intellectual property that emphasizes the creative potential of the commons and an attitude of acknowledging the sources of intellectual ideas and concepts. Such a view highlights the inherently social nature of creative activity, a perspective that challenges the patriarchal solitary author, who composes original thoughts and owns them as property through which to make a profit on. The alternative Halbert proposes is both feminist and postmodernist. Halbert also points out that arguments against plagiarism rooted in economic losses are misguided, explaining that plagiarism carries such weight because it is a personal offense and attack.

Quotable Quotes

“If we can emphasize a framework focused on sharing and exchange instead of personal ownership, then the concept of authorship as identifying ‘to whom something owes its origin’ is acceptable” (118)

“Unlike a tangible item, an idea can be shared by many and ownership of expressions can be difficult to enforce” (119).

“Plagiarism is about personal feelings, not profits” (117).

“For the feminist and the postmodernist, appropriation or plagiarism are acts of sedition against an already established mode of knowing, a way of knowing indebeted to male creation and property rights” (116).

“Intellectual property rights restrict the flow of texts” (116).

“Copyright produces a tension between how texts are created (a process that relies on textual paching, exchange, and sharing) and how texts are legally protexted (a process reliant on originality and private property)” (111)

Notable Notes

Outline of article: 1. explore partriarchal foundations (Locke and Hegel) of intellectual property and copyright law 2. look at current intersections of plagiarism, creativity, and property (case of Jeffrey Koons and “String of Puppies” wood carving) and 3. offer copyright alternative possibilities

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