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Brain Games, Understanding Interactivity & Freedom of Thought in a Post-Snowden World
Legal Constraints on (Digital) CreativityClass 2 – Creative Models & Community ConstraintsUBC Law @ Allard Hall
Jon Festinger Q.C.Centre for Digital MediaFestinger Law & Strategy http://videogame.law.ubc.ca@[email protected]
SECTION ALocating some of our beliefs around (digital) creativity
Who are you?What do youbelieve?Are they the same?
Carl Jung
Please Self Identify CREATOR or CONNECTOR
Who is a CREATOR?
“The creative is the place where no one else has ever been. You have to leave the city of your comfort and go into the wilderness of your intuition. What you’ll discover will be wonderful. What you’ll discover is yourself.”
Who is a CONNECTOR?
“Creativity is just connecting things. When you ask creative people how they did something, they feel a little guilty because they didn't really do it, they just saw something. It seemed obvious to them after a while. That's because they were able to connect experiences they've had and synthesize new things.”
“Connecting”(remixing)*“If you wish to make an apple pie from scratch, you must first invent the universe.” – Carl Sagan
* “Creativity is just connecting things. When you ask creative people how
they did something, they feel a little guilty because they didn't really do it, they
just saw something. It seemed obvious to them after a while. That's because
they were able to connect experiences they've had and synthesize new things.”
Steve Jobs in a Wired Magazine interview (Feb. 1996) http://www.wired.com/wired/archive/4.02/jobs_pr.html
* “Creativity is contagious. Pass it on.” – Albert Einstein
* “All Creative Work is Derivative” – Nina Paleyhttp://blog.ninapaley.com/2010/02/09/all-creative-work-is-derivative/
* “The great driver of scientific and technological innovation [in the last 600 years has been] the increase in our ability to reach out and exchange ideas with other people, and to borrow other people’s hunches and combine them with our hunches and turn them into something new.” – Steven Johnson “Where Good Ideas Come From: The Natural History of Innovation”
Creating (The “Unique Gift”)* “The creative is the place where no one else has ever been. You have to leave the city of your comfort and go into the wilderness of your intuition. What you’ll discover will be wonderful. What you’ll discover is yourself.”
* Personal creation mythology deeply rooted in our psyches’: “And G-d said: ‘Let us make man in our image, after our likeness;”(Genesis, Chap. 1 Verse 26)
* View of creativity as uniquely personal (or not) impacts beliefs about copyright & IP (e.g. film & music business – T.V. more flexible?) – consequences of “specialness”
The Result?* Role and consequences of IP law aligning along according to personal belief: Do Copyright literalists’ adopt “self” generated model of creativity? Do “Connection-ists” adopt open source model?* the “Hollywood Model” v. the “Remix Model”
SECTION B The Bridge Between Copyright & Creative Freedom
http://theconversation.com/why-cash-and-copyright-are-bad-news-for-creativity-34696
Do We Need Copyright?
Next Week’s Answer?
SECTION CThe Bridge Between Creative Freedom& Interconnected Media (the “Digital Net”)
?????
Thesis: Human dominion is due to…
Humans are the only animals that can co-operate in a flexible and sophisticated way in very large numbers+Humans are the only animals that believe in things that exist only in our imagination (e.g. religion, nation-states, money)=Humans are the only animals that can create imagined realities together in very large numbers
Sounds Like…
The Internet
SECTION DThe Bridge Between the “Digital Net”&Personal Freedoms
Creative Freedoms are Personal Freedoms (?)
Brain Games
NO ONE WAY TUBE
Devices can read you ?
+(plus)
Big Data
http://recode.net/2014/04/28/stanford-has-a-videogame-controller-that-knows-if-youre-bored/
http://www.gamesindustry.biz/articles/2014-12-03-it-will-be-hard-to-tell-the-difference-between-whats-real-and-whats-virtual
http://www.gamesindustry.biz/articles/2014-08-22-were-very-close-to-having-the-first-death-in-vr
http://www.theverge.com/2013/8/27/4664722/researchers-control-a-subjects-body-with-another-persons-brain
If you want to read the paper…
http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0105225
http://newsoffice.mit.edu/2013/neuroscientists-plant-false-memories-in-the-brain-0725
http://www.wired.com/2014/09/cyranoid-experiment/
From Michio Kaku“For the foreseeable future, the question is not whether someone will be able to read our thoughts secretly from a remote, concealed device, but whether we will willingly allow our thoughts to be recorded. What happens when some unscrupulous person gets unauthorized access to those files?...Once it becomes possible to read people’s minds and make recordings, a host of other ethical and legal questions will arise. This happens whenever any new technology is introduced…”
http://www.slate.com/blogs/future_tense/2014/06/13/emotient_vibraimage_we_need_to_regulate_emotion_detecting_technology.html
Which Brings Us To….
And What/Who Do You Believe?..
http://www.theguardian.com/commentisfree/2015/jan/04/internet-freedom-china-russia-us-google-microsoft-digital-sovereignty
& Freedom Bleeds Many Ways…
“Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius” - Edward De Grazia
Query: Is allArt political?
And Hope Comes Too…
And a new “old” one…
http://www.gutenberg.org/ebooks/10684
Charter of Rights (Canada)
2. Everyone has the following fundamental freedoms:(a) freedom of conscience and religion;(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
The Universal Declaration of Human Rights
Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Next Week
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