Creative Commons Ecards and Game

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Workpage for final project.

Julie, Peter, Emily, Braxton

publicize!

POST

DONE rhizome.org

(NEED THE GMAIL PASSWORD TO SEND SUBSCRIPTION EMAIL) http://www.nettime.org (can sign up opensaurus@gmail.com)

411 (providence digital media list)

EMAIL

DONE Liza for the whole MCM list

Joy Garnett

DONE kanarinka@ikatun.org (I also subscribed opensaurus@gmail.com to http://www.ikatun.com/)

everyone you know!

LEAVE BLOG COMMENTS/CONTACT

DONE http://creativecommons.org/weblog/

DONE http://www.eyebeam.org/reblog/

DONE http://www.lessig.org/blog/

DONE http://we-make-money-not-art.com

DONE http://www.metamute.org

DONE (email sent to Evan Hansen, editor in chief - there were many others to contact, but I wasn't sure which person to forward the publicity email to) http://blog.wired.com/tableofmalcontents/

DONE http://www.boingboing.net

SAMPLE TEXT

I thought you might be interested in http://opensaurus.org, a playful, educational, and activist celebration of copyleft and the public domain.

At Opensaurus, you can:

http://opensaurus.org/opensaurus - Learn about copyright issues and free culture through the humorous drama Tales of Opensaurus.

http://opensaurus.org/postcard - Send ecards of Creative Commons-licensed images to your friends, and add more images to share as ecards.

http://opensaurus.org/citizenspeak - Sign email petitions urging copywrong corporations to cease and desist sending cease and desist letters! You can also create your own campaigns.

http://opensaurus.org/videos - Watch and share Hallmark-style video cards supporting Creative Commons, as well as other CC-licensed videos.

ABOUT US/FAQ

What the heck is Open-Saurus, anyways?

The Open-Saurus Project is the brainchild of a group of four students at Brown University under the guidance of Professor Mark Tribe. Open-Saurus was fabricated and developed as a final project for a course Professor Tribe teaches, entitled "Open Source Culture, Technology, and Intellectual Property." The project is a playful, humorous take on a serious topic. It provides insight into the tricky realm of copyright and open source culture.

Why do I care about Open-Saurus?

You don't have to, but we'd like you to. Open-Saurus is a funny take on issues regarding copyright and open source culture. If we can't make you care, at least we hope you laugh at our corny animations, stories, and content and walk away with some new knowledge. But Open-Saurus incorporates good ol' fun with a bit of activism through an interface that allows for spreading the knowledge and inciting change.

Will I become smarter after exploring the Open-Saurus site?

We hope so. It's easy learning through everything corny. We inform you of topics including copyright history, copyright positions, Creative Commons, open source culture, and more!

I want to join team Open-Saurus. How do I join?

Check out our site, watch our animated episodes, learn something new, and tell others. Use our Creative Commons E-Cards to spread the word or even request access to the creative works of others.

Can I create my own CC-ecards?

Sure. Just follow the instructions listed under the CC-ecards section.

In the spirit of open source culture and collaboration, I want to improve the Open-Saurus Project. What can I do?

(email us? not sure)

Can I use the content I find on your site?

Everything on our site is either Creative Commons licensed or in the public domain. Check the Creative Commons licenses attached to the content.

links

http://cyborganize.livejournal.com/4496.html#cutid1 JULIE'S COURSE NOTES

http://creativecommons.org/learnmore

http://en.wikipedia.org/wiki/Public_domain_image_resources

software:

http://drupal.org/project/Modules drupal modules (4.6, since that's the available version of postcard) -

http://drupal.org/node/30404 postcard

http://citizenspeak.org citizenspeak

LoginToboggan

webform and other modules help with making forms

image/upload modules -

image (currently required for postcard)

shazamgallery (makes image look prettier?)

http://drupal.org/project/acidfree acidfree (accomodates video)

video (upload quicktime)

gallery

filemanager + attachment (alternative to upload)

filestore2 + FSCache (??)

http://www.sendcard.org/ (integrated with drupal for additional media types)

hosting possibilities:

http://www.hosting-review.com

http://www.startlogic.com/products_prologic.html

http://powweb.com/PowWeb/OnePlan/Detail

BROWN

dinosaur webcomic: http://www.qwantz.com

to do

julie:

NOTE: having looked at sendcard, it SUCKS. so we're going to have to post tales of opensaurus and the videos on our site too. I installed the VIDEO module for videos. I propose using the BOOK module for the flash stories (I can show you how to use it).

DONE make it so description w/ copyright info appears on postcard pages

DONE fix up main nav

DONE email a friend link (bigger, better)

DONE address database - 5/3

DONE install sendcard - 5/3

NIXED integrate it with other platform - 5/3

DONE add news sites - when braxton emails them

NIXED integrate cease and desist and contacts with campaign - 5/10

NIXED integrate campaigns with images- 5/10

DONE make gmail account - 5/3

DONE instructions for use (to go in About Us)

DONE make everything pretty - 5/10

DONE - let me know if I missed anything! random copy (footer message, campaign email, other site texts) - 5/17

upload files from Emily

PUBLICIZE

braxton:

get legislators' email addresses

start database of corporations' email addresses

make legislative actions

make cease and desist actions

upload videos to sendcard

peter:

finish 4 episodes and give them to emily - 5/5

about or FAQ page - 5/10

upload more CC image postcards - ongoing

emily:

splash page

site logo

opensaurus flash for peter's narrative

CC eCards notes

a) Informative/Fun eCards made using Creative Commons materials

b) eCards asking for permission to use materials & telling about Creative Commons

c) "Art eCards" - trying to use the eCard form to comment on or explore copyright art issues

d) eCards sent to Librarian of Congress or Policy makers about Copyright

cccards.org [NAME???]

? [mission statement] hypertext choose your own adventure game about opensaurus and copyrhino

? [materials] existing databases of open source images (flickr); finding/creating our own open source culture images

? [advocacy] research copywrong companies to create ecard petitions against them

? [architecture/interactivity]

  • send ecards
  • submit more images
  • submit new actions
  • rss of cc and related blogs
  • discussion
  • instructions/help

? [marketing]

H.R. 1201 Digital Media Consumers' Rights Act

House Resolution 1201, as it is called, has been introduced on the House floor, sent to the Committee on Energy and Commerce and further sent to the Subcommittee on Commerce, Trade and Consumer Protection.

https://secure.eff.org/site/Advocacy?cmd=display&page=UserAction&id=115 EFF Action on HR 1201

http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.1201: Bill Info and Status

http://energycommerce.house.gov/108/subcommittees/Commerce_Trade_and_Consumer_Protection_Members.htm Committee Members

http://energycommerce.house.gov/108/Hearings/11162005hearing1716/hearing.htm Fair Use Hearing

http://en.wikipedia.org/wiki/DMCRA Act Summary Wikipedia

http://www.drmblog.com/index.php?/archives/72_Digital_Media_Consumers_Rights_Act_of_2005.html DRMCA Summary

http://techlawadvisor.com/induce/ More Info

H.R. 2408 Public Domain Enhancement Act

Referred to: House Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property

Summary

H.R.2408

Title: To amend title 17, United States Code, to allow abandoned copyrighted works to enter the public domain after 50 years.

Sec. 1

(4) Current law continues to grant copyright protection to works published as early as 1923. See 17 U.S.C. 304. Yet the vast majority of older works are no longer commercially available. One study indicates that only 2 percent of works between 55 and 75 years old continue to retain commercial value. Eldred v. Ashcroft, 123 S. Ct. 769, 804 (2003) (Breyer, J., dissenting). Nevertheless, under current law, these abandoned works will not enter the public domain for many years. This prevents commercial and noncommercial entities from building upon, cultivating, and preserving abandoned works. Indeed, while older works are less likely to retain commercial value, they are more likely to `prove useful to the historian, artist, or teacher.' Eldred v. Ashcroft, 123 S. Ct. 769, 805 (2003) (Breyer, J., dissenting).

(5) Thus, the existing copyright system functions contrary to the intent of the Framers of the Constitution in adopting the copyright clause and the intent of Congress in enacting the Copyright Act. Neither is intended to deprive the public of works when there is no commercial or copyright purpose behind their continued protection. It is, therefore, necessary to establish a mechanism by which abandoned American copyrights can enter the public domain.

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.02408: Bill Info and Status

http://judiciary.house.gov/committeestructure.aspx?committee=3 Subcommittee Members

http://www.ala.org/ala/washoff/WOissues/copyrightb/pdea/publicdomain.htm More Info

S. 2644: Perform Act of 2006

"Platform Equality and Remedies for Rights Holders in Music Act of 2006"

The Washington Post reports that Senators Feinstein (D-Cal.) and Graham (R-S.C.) have introduced S. 2644, dubbed the PERFORM Act, that is aimed at punishing satellite radio for offering its subscribers devices capable of recording off the air.

Buried in the bill, however, is a provision that would effectively require music webcasters to use DRM-laden streaming formats, rather than the MP3 streaming format used by Live365, Shoutcast, and many smaller webcasters (like Santa Monica's KCRW and Seattle's KEXP). The streaming radio stations included in iTunes also rely on MP3 streams (since Apple isn't about to license the Real or Microsoft streaming codecs).

https://secure.eff.org/site/Advocacy?cmd=display&page=UserAction&id=221 EFF Action on S. 2644

http://capwiz.com/hrrc/issues/alert/?alertid=8713536&queueid=700203466 More Action

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s2644:: Bill Info and Status

http://www.govtrack.us/congress/bill.xpd?bill=s109-2644: Bill Tracking

http://williampatry.blogspot.com/2006/04/perform-act.html More Info

http://www.eff.org/deeplinks/archives/004587.php More Info

OPEN SOURCE CULTURE GAME NOTES:

Mission Statement: Game as a sort of mission statement for the concept behind the project.

The Story:

The CC-ecards have become the ultimate weapon in fighting the cruelty and tyranny of copyright. Invented by greatest minds working under the fearless leader of the Rebellion, the CC-ecards are not only the last resort but also the most powerful tool ever. Because of its viral nature and the simple, but provocative nature of the content found on various CC-ecards, the copyright regime feels threatened for the first time. Unfortunately, right before the launch of the CC-ecard server, the copyright pigs have hacked, deleted, and stolen the content and source code for the CC-ecards.

Thus, the forces of the Creative Commons, including Open-saurus and Fair Use Fairy have joined together to track down the various pieces of the source script as well as the actual content (text, visuals, animations, audio, etc.). Upon the way, the heroes are faced with....

Landscapes:

-Public Domain Terrain (if you don't watch out for your stuff, it will suddenly end up in the public domain terrain)

-Proprietary Prison

Boss possibilities:

-U.S.S. Ownership

-Copy Rhino

Characters/Groups:

-RIAA

-Metallica (against Napster)

-Sean Fanning (Napster inventor)

-Disney

-Copy Rhino

-U.S.S. Ownership

-Open-saurus

-Fair Use Fairy

-Joy Garnett

-Jeff Koons

-Marcel Duchamp

-Sarah Levine

-Mark Tribe

-Picassco

Three possible endings:

1. A world where everything is strictly protected, owned, and copyrighted.

2. A world where everything is in the realm of Creative Commons: people all share and share alike, with certain rights reserved.

3. A world where there are no concepts of copyright, ownership, intellectual property, and everything is a part of the public domain.

Possible kits/mods:

Castle Wolfenstein/Wolfenstein 3D

Mystery House

Commander Keen

Tenative Timeline for Game:

-Finish didactic element parts of narrative by 5/2

-Finish rest of one-tracked narrative by 5/3 (getting by CC-ecards)

-Finish choose your own adventure options and narrative by 5/9

-Finish animating/drawing all the characters and landscapes by 5/9

-Work on HTML and incorporating the animations/pictures/images by 5/17

Didactic Elements:

-history of copyright (and continuing extension of terms) (stuff from Illustrated Story of Copyright)

-Oliver Wendell Holmes: "________" [covered in first Public Domain Terrain scene]

-lottery model/economic model [covered in first Creative Commons Corral scene]

-Western copyright notions vs. African tribal notions [covered in first Creative Commons Corral scene]

-Gnu manifesto

-Richard Stallman: "________"

-Linux

-Free vs. Open source ideologies

-"free as in freedom, not free as in free beer"

-DMCA

-Fair Use [covered in first Proprietary Prison scene]

-Infringement Determination:

1. How much was copied.

2. If copied aspect was significant in importance to original work.

3. Intentionality.

4. ?

-Tendencies of Open Source: [covered in first Creative Commons Carrol scene]

1. Collaboration

2. Sharing

3. Appropriation

"With enough eyes, all bugs are shallow."

-Creative Commons: short explanation of what it is, why you should use it, etc. [covered in CCC scene]

Specific cases:

-Jeff Koons dogs postcard [covered]

-jazz blues case

-Joywar [covered]

-Jeff Kunnard lectures (look for specific cases)

-Apolito lecture (look for specific cases)

Consequences of alternative worlds/future:

(whatever...make up something)

Battles?

Different groups in opposition with one another...? (what are some possibilities?)

-----------------------------------------------

Bios

Mark Tribe:

A Brown University alumni who has since returned to Brown as a professor teaching a class on open source culture, intellectual property, technology, and subjects related to copyright. Also taught similar subjects at Columbia University before his return to Brown. Founder of Rhizome.org, an art site/forum/community.

Joy Garnett:

Appropriation artist who was slapped with a cease and desist letter on behalf of Susan Meisler, a Magnum photographer whose photo Joy Garnett used in one of her art pieces. The ensuing reactions led to Joy War, a protest (a play on "Toy War") trying to protect her work and her right to use the photograph.

Jeff Koons:

Well-off, famous appropriation artist. Notable for the Open-Saurus Project is his case with taking a photograph/postcard of a string of puppies, removing the copyright labels, and asking his assistances to create a three-dimensional sculpture of the picture with a few changes. His sculptures sold for several thousand each, while the original rightsholder to the photograph did not receive much monetary compensation. Resulting, the courts ordered Koons to compensate the original rightsholder for copyright infringement.

Metallica:

A heavy metal band who strongly supports copyright. Protects their copyrights religiously.

RIAA:

Recording Industry Associated. Part of the Big Media and content industry that pursues their copyrights and licenses. Puts forth great efforts to prevent users from copying or appropriating their content.

Disney:

Disney Studios. Big proponent for copyright. Protects their rights and goes after those who infringe.

Sean Fanning:

The inventor of Napster, a popular p2p (peer-to-peer) sharing network that has been in many controversial situations dealing with copyrighted and protected content being shared illegally via his application.

Open-Saurus:

The mascot of the entire Open-Saurus Project. Derives his name from the term "Open-Source." Playful, but intelligent cartoon character used throughout the site.

Fair Use Fairy:

Another imaginary character. She is a friend of Open-Saurus. She stands for fair use and appears in some of the episodes found on the site.

Copy-Reich:

A fabricated regime/empire that represents the real-world content industry, Big Media, and all those who adamantly favor stringent copyright laws.

Rebellion:

Imaginary force consisting of characters in the Open Source scene, including some of the characters above. Opposes the Copy-Reich.

The Narrative:

Disney Representative: All right, the hell we gathered here for?

Metallica: Dude, this is lame.

RIAA: Your music is lame, man. It's because we protected your copyrights that you're filthy rich and famous now.

Disney: I hope this isn't a waste of time. I could have been preparing for our legal battle to sue those bastards for using our Mickey Mouse logo.

RIAA: Okay, everyone, shut up. Today, I reveal to you our latest steal...er...I mean acquisition. The Rebellion's illegal, immoral weapon to destroy our great society and the strings of ethics that hold us up - the CC-ecards!

Metallica: The CC-ecards?! What the eff is that? Is it some sort of ripoff song?

RIAA: Uh, no, Metallica. Why don't you got back to your basement and practice your stupid metal or something. We'll deal with this.

Disney: Just what are these CC-ecards? No one uses that! Stupid electronic birthday cards? Who wants one of those when you can get a real, paper, copyrighted Hallmark card?

RIAA: You don't understand the destructive power harnessed by the CC-ecards!

(clip of what the CC-ecards can do, how they can affect/wreck havoc on the Western copyright world)

---Meanwhile:

Sean Fanning: Our work is gone!

Sean: The months of development...the rights and values we stand for...have all been ripped from under our wretched feet! So, this is the feeling of ____. This is what our great society has become. A world of sue-happy, money-hungry thieves who stop at nothing to achieve their narrow view of monetary success. Whatever happened to cultural production for the sake of art and beauty and...culture?!

Sean: Now even Congress has been pressured and overcome by the influence of RIAA, Disney, and the greatest proponents for a greedy copyright run world. Our culture belongs to the public!

Open-saurus: Today the world suffered a great loss. With the privatization of intellectual property, art, novels, software....products of our minds have no room to expand. Without the widespread collaboration of the open source culture that our friends of the Rebellion have functioned under, we are all but lost.

Sean: Yo, Open-saurus, man, stop spouting that philosophical, ideological shit like you always do, righteous as it is, and figure out a way to get our CC-ecards back.

Open-saurus: Right. Who dares steals from the Collective deserves punishment. We need to assemble the team.

--Fair Use Fairy's home

knock knock knock

Sean: Yo, Tinkerbell! It's Sean and Open-saurus.

Fair Use Fairy: Tinkerbell?! You know I hate that name. I'm the Fair Use Fairy and I stand for appropriation, collaboration, sharing, and the fair use rights of all.

Sean: Yeah, whatever. The CC-ecards have been stolen.

Fairy: Stolen? That's against the principles of open source culture. The CC-ecards were created in an open culture where collaboration and sharing are paramount. How can it be stolen when it was open to all to begin with?

Sean: I tell you, our server has been wiped. I know the RIAA and their minions are behind this, just like they spearheaded the destruction of my great creation, Napster. They have erased our source code, deleted all data on our drives, and they must be devising some devious plan to turn our greatest gift to the world - the ability to easily spread info about the Creative Commons and even ask for permission to use other artist's works - against all of open source culture and everything we stand for.

Open-saurus: That's hardcore.

Fairy: This is serious after all. We must gather more friends. Where should we go?

-Choice A: The Public Domain Terrain

-Choice B: Proprietary Prison

-Choice C: Creative Commons Corral

--At Public Domain Terrain

Open-Saurus: What is all this floating junk here?

Fairy: That's everything that has been freed from copyright.

Sean: Freed? WTF? How did anything ever manage to escape the claws of the Copy-Reich? That's impossible! I thought we, the Open Source Rebellion, were the closest to putting up any sort of resistance to the tyranny of the Copy-Reich!

Fairy: The Public Domain is a no-man's land. People are free to use any works that have found their way into the Public Domain in their own projects. It may seem that the Copy-Reich's power is supreme, and it certainly does have great power, but it is not ultimate, it is not omnipotent. The Copy-Reich is no kingdom of God, and it is still must answer to the Public Domain in time.

Sean: Incredible! How?!

Fairy: Under current Western copyright law, all works of production are by default copyrighted. I mean, as soon as something becomes tangible, it goes under copyright protection. But 70 years after the death of the author, the copyright shield disintegrates and the Public Domain claims ownership.
Sean: Ownership? Then what's the difference if it's just a transfer of ownership?

Fairy: It becomes owned by all, the entire public, hence the name.

Sean: I see. But 70 years is a frickin' long time. I would be dead before I could use something that was created today and copyrighted!

Fairy: In the beginning, there (blah blah, statue of anne in 1710, etc.)

Fairy: Oh, there's Joy Garnett now.

Sean: Yo, Joy Garnett! What's up?

Joy: Uhh...do I know you?

Sean: What...like you don't know me?

Joy: Should I? Well, I don't.

Sean: Wha...? I'm the inventor of Napster, dude!

Joy: I'm a little too old for you to be calling dude, Mr. —

Sean: Fanning. We'll, okay, sorry about that. You know, the other day I came across this Columbia University site that was hosting a series of lectures, and I saw yours.

Joy: Is that right? Well...

Sean: Yeah, the whole thing makes me mad. It makes my blood boil like a volcano. It makes me so hot, you know? The whole threat you had to go through. You found a kickass image of a rebel throwing a Molotov cocktail, but then the Magnum photographer had to come ruin it all and shit on the party. That's just not cool.

Joy: I know. It was pretty scary. The thing is, I didn't even use her original photograph. Someone had cropped that photo and that was the original work I started from.

Open-saurus: Uhh, excuse me, but what are you guys talking about? I feel a little left out...

Sean: Oh, man, Open-saurus - sorry, dude! This is Joy Garnett and she's an artist who once took a cropped image of a rebel throwing a Molotov cocktail, repainted the cropped photo, reinterpretation and recontextualizing the whole thing, but still got heat from it from the original photographer. That Susan Meisler. She makes me puke.

Joy: They sent me a whole cease and desist letter and forced me to take down the documentation of my painting I had put up online. I posted on an online art forum, Rhizome.org, and the members were incensed! It was unbelievable, actually. I didn't know I would get this sort of reaction, and I guess support, if you want to call it that. It's like, I thought we artists without much financial power are all shaking in our boots, unwilling to band together to oppose the Copy-Reich, but that's all starting to change. We're taking a stand!

Sean: Yeah! These are some very exciting times. Very exciting times, I tell you.

Joy: In fact, the Rhizome members got so furious it spurred something called the Joy War, a play on words after the whole Toy War deal. It got so out of hand that some people believed I had gotten in trouble for using the Pepsi logo from the bottle when actually it was the entire painting that was under fire. But still, I was amazed at what my community was doing for me.
Sean: So Joy, what are you doing out here in the Public Domain Terrain? I mean, I know it's beautiful and it's like spring-time every day, but...what gives?

Joy: Well, Sean, you know it's a sad day when I have to visit the Public Domain Terrain, beautiful as it is. Most of these works are so old (I mean, 70 years after the author's death?!) I really don't know if I can find anything contemporary to base my work on.

Sean: Didn't you say you were going to fight? You shouldn't care what those pigs up in the RIAA and whoever else are saying. You gotta keep what you're doing if we're going to have any chance to change all this. We need to show the world why our work is important and why it's necessary for us to have some access to other's works without needing to pay some exhoribant amounts of money that we "starving artists" don't have. M I right? (maybe talk about the irony of the lotto/economic model vs. starving artists in this scene)

Joy: Sean, definitely! Thank you for snapping me back to reality. I just got another cease and desist letter from some fools, but I'm so sick of this. It's time to show them who's boss.

Open-saurus: Boss?

Joy: That's right. We need to show them that our cause is the right and better cause for all of society AND the individuals.

Joy Garnett has joined your team

Where to next?

-Choice A: Proprietary Prison

-Choice B: Creative Commons Corral

--At the Proprietary Prison

Jeff Koons: Damn, this jail sucks ass.

Sean: Psst, Koons man. What the hell you doing in there behind bars?

Jeff: Urgh. Huh? Who's there?

Sean: It's Sean Fanning, the creator of Napster.

Jeff: Oh. You need to leave now! It's not safe here. They're everywhere. They'll put in you too.

Sean: For what?

Jeff: For what? Ha ha ha. Don't insult me!

Sean: Hey, your friend Fair Use Fairy wanted me to help break you out of here, so unless you want to stay and rot?

Jeff: FAIR USE FAIRY?! That little bitch! She's the whole reason I'm in this hellhole to begin with.

Sean: blink Huh? Man, you've been exposed to too much of that proprietary brainwashing. What you talking about?

Jeff: No, you don't understand. My string of dogs sculpture was determined by the courts as transcending fair use, which is the very thing Fair Use Fairy stands for.

Sean: I'm not familiar with the case. You can vent to me though because I know what you mean, that Fair Use Fairy IS getting on my nerves lately.

Jeff: Well, allright. I haven't seen a soul in days. There've been hallucinations, man. I tell you - voices. I'm talking to myself. I'm glad you're here. I can tell you things these damned walls can't understand. They just stare back at me with invisible eyes, mocking me! I swear, I can't take another minute of this?

Sean: Allright, buddy, calm down. I'm here.

Fair Use Fairy: Well, if it isn't Jeff Koons.

Sean: Ahh! Fair Use Fairy! What the eff, Sean! I just told you I hate her!

Sean: Oh, man, sorry dude. She tagged along.

Fairy: You know, I didn't put you behind bars, Jeff. I want to be friends, really. You misunderstand me.

Jeff: Oh yeah? How so, you conniving bitch! If I get out of here, I'm going to pluck your wings and make art work out of it!

Fairy: Come on, now. I'm really very sweet.

Jeff: Go die!!!!

Sean: Hey! Hey! Cool off everyone. The guards are going to hear us. Fairy, what is this misunderstanding shit you talk of?

Fairy: Well, it's true that I stand for Fair Use. I want to stand for a more ideological stance where artists can use other people's works without fear of punishment, but reality's not like that. I only have so much power at this time. We, the entire Rebellion against the Copy-Reich, only have so much power. As the Fair Use Fairy, I have done my best to get certain situations exempt from copyright restrictions. I'm only able to protect those within the Fair Use boundaries that I have fought long and hard to create! I have negotiated with my life and blood with those Copy-Reich crooks to achieve the small haven that is Fair Use we have now! And you, you Jeff Koons, dare call me a bitch?! I am so not a bitch! It's because you were commercial that I couldn't save you! It's because you...you...sobs

Jeff: Fairy, I didn't know. Actually, with your crying, I don't know what you're saying anymore. If I'm not in here because of us, then what is this whole thing with Fair Use that I thought I was protected under?

Fairy: sob sob You...

Sean: She's too choked up to talk. Let me explain. Fair Use is a stature that protects certain groups and people with specific intentions in very specific contexts. Fair Use usually doesn't protect commercial ventures where you'd be getting paid for your work. Of course, that's what we're trying to fight now, but as of now, Fair Use only protects people from copyright infringement under a few provisions.

Jeff: I see. And what are these specific provisions?

Sean: Well, Fair Use is just (blah blah blah) So with your case, where you took the guy's postcard blah balh (explain what Jeff Koons did exactly and how it turned out)
Jeff: I understand now. Then we might fight to expand our haven! Fairy, let's go kick some Copy-Reich butt. But first...uhh, could you guys break me out?

Open-saurus: No problem! Stand back. These bars are no match for my jaws.

Guards: Hey! What's going on! Oh no! A prison break! Freeze or I'll shoot!

Open-saurus: Oh yeah? chomps off prison guards' heads Let's go!

Where to next?

-Choice A: Creative Commons Corral

--At the Creative Commons Corral

Sean: Whoa, what is this place?

Fairy: I've heard about this place, but never actually been here until now.

Open-saurus: This is my where I was born, guys!

Sean: Huh?

Open-saurus: We call this place the Creative Commons Corral. It's where works in the Creative Common are supported.

Sean: I'm a little afraid to ask, but...what is the Creative Commons exactly? I mean, I know that our greatest weapon was the CC-ecards, but like, I never really understood what it was. I just knew it was something that was NOT copyright. And this place looks a little creepy too, if you know what I mean.

Open-saurus: Creative Commons is an alternative to copyright.

Sean: An alternative? That's awesome. Anything that isn't the creation of the Copy-Reich works for me.

Open-saurus: Well, let me go on. It's not exactly the Public Domain Terrain either.

Sean: Continue.

Open-saurus: Creative Commons is based on the tenets of open source culture, hence my name. We believe in three main things when it comes to intellectual work.

Sean: Intellectual work?

Open-saurus: Well, I'd say intellectual property, but that implies that the work belongs to someone and he has rights to it. Which it does and he does have some rights, but the whole idea behind Creative Commons is revolutionary.

Sean: Yeah? Tell me about it.

Open-saurus: Well first let me tell you the difference between open source culture and Creative Commons. Open Source Culture mainly believes in three main things: appropriation, collaboration, and sharing. These are the tendencies of Open Source Culture.

Sean: Yeah, I know. Get to it.

Open-saurus: Allright, well if you know, then let me say this for the sake of Fair Use Fairy! You don't know right?

Fairy: Mmm...actually, I do.

Open-saurus: Well! Then let me say it for the sake of those playing this game. Appropriation is taking another's work and sampling it in your own work. This is how Open Source Culture productions are created, through the sampling, re-sampling, and recontextualizing of other's works.

Sean: Tell them about the difference between appropriation and copying.

Open-saurus: Okay, man. Are you running this show or me? This is my home, so let me do the talking, allright? Allright? Is that okay with you, Sean? Geez.

Sean: Whatever.

Open-saurus: So appropriation involves other people's works, but the difference from plagiarism is the intent, the context, and amount and significance of sampling, and how much it affects the original work. Appropriation artists, that's us - people in the Rebellion, are making derivative works. Now, there are certain things involved with appropriation that makes it legal appropriation according to the Copy-Reich. First, there is a difference between parody versus commentary. I can't take the Scream painting and use it in my work as a commentary on some social critic that my overall work is supposed to expose, but I can take the Scream painting and alter it in such a way that it comments directly back on the original painting. So the Simpsons rendering of the Scream is legal because it's a parody.

Sean: There's another important distinction to be made between idea and expression too.

Open-saurus: I know, Sean! I'm getting to it. Back to appropriation. So there are a few provision in which appropriation is appropriate or allowed. The Fair Use guidelines determine whether a derivative work is within (blah blah)

Parody vs. commentary

Talk about Diff btwn idea and expression.

-then talk about collaboration/sharing

-then talk about what Creative Commons is (some rights reserved)

-meet Mark Tribe character who says he supports the cause of the Rebellion, but doesn't have time to go fight - he has MC170 to teach

Need new scene/location to address Open Source Software (GNU, Linux, Mozilla, etc.)

DECIDE: Should we intercut narrative with these four locations? Or have players go through the four sections entirely first to learn the basic didactic elements of our project, then go through the narrative from there, getting back the CC-ecards?

Mini-Episodes:

1. Introduction

2. Four locations

3. Final animation

4. Conclusion

The Censored Narrative for Mini-Episodes:

INTRODUCTION (Introducing the Conflict):

Disney Representative: All right, what are we doing?

Metallica: Dude, this is lame.

RIAA: Your music is lame, man. It's because we protected your copyrights that you're filthy rich and famous now.

Disney: I hope this isn't a waste of time. I could have been preparing for our legal battle to sue those bastards for using our Mickey Mouse logo.

RIAA: Okay, everyone, sssshhhh. Today, I reveal to you our latest steal...er...I mean acquisition. The Rebellion's illegal, immoral weapon to destroy our great society and the strings of ethics that hold us up - the CC-ecards!

Metallica: The CC-ecards?! What is that? Is it some sort of ripoff song?

RIAA: Uh, no, Metallica. Why don't you got back to your basement and practice your stupid metal or something. We'll deal with this.

Disney: Just what are these CC-ecards? No one uses that! Stupid electronic birthday cards? Who wants one of those when you can get a real, paper, copyrighted Hallmark card?

RIAA: You don't understand the destructive power harnessed by the CC-ecards!
(clip of what the CC-ecards can do, how they can affect/wreck havoc on the Western copyright world)

(white flash)
?---Meanwhile:
?Sean Fanning (inventor of Napster): Our work is gone!

Sean: The months of development...the rights and values we stand for...have all been ripped from under our wretched feet! So, this is the feeling of despair. This is what our great society has become. A world of sue-happy, money-hungry thieves who stop at nothing to achieve their narrow view of monetary success. Whatever happened to cultural production for the sake of art and beauty and...culture?!

Sean: Now even Congress has been pressured and overcome by the influence of RIAA, Disney, and the greatest proponents for a greedy copyright run world. Our culture belongs to the public! With such laws such as the Digital Millenium Copyright Act that prohibited the circumvention of encrypted "digital locks" which strive to avert copying or sampling of the work have limited our access to digital works (which more and more work is becoming). Even if the intended use of the work is considered fair use, the clause that makes it illegal to bypass these digital locks makes much of fair use essentially, well, useless!

Open-saurus: Today the world suffered a great loss. With the privatization of intellectual property, art, novels, software....products of our minds have no room to expand. Without the widespread collaboration of the open source culture that our friends of the Rebellion have functioned under, we are all but lost.

Sean: Yo, Open-saurus, man, stop spouting that philosophical, ideological, mind-boggling stuff like you always do, righteous as it is, and figure out a way to get our CC-ecards back.

Open-saurus: Right. Who dares steals from the Collective deserves punishment. We need to assemble the team!

(fade out/fade in)

--Fair Use Fairy's home

knock knock knock

Sean: Yo, Tinkerbell! It's Sean and Open-saurus.

Fair Use Fairy: Tinkerbell?! You know I hate that name. I'm the Fair Use Fairy and I stand for appropriation, collaboration, sharing, and the fair use rights of all.

Sean: Yeah, whatever. The CC-ecards have been stolen.

Fairy: Stolen? That's against the principles of open source culture. The CC-ecards were created in an open culture where collaboration and sharing are paramount. How can it be stolen when it was open to all to begin with?

Sean: I tell you, our server has been wiped. I know the RIAA and the MAPP and their minions are behind this, just like they spearheaded the destruction of my great creation, Napster. They have erased our source code, deleted all data on our drives, and they must be devising some devious plan to turn our greatest gift to the world - the ability to easily spread info about the Creative Commons and even ask for permission to use other artist's works - against all of open source culture and everything we stand for.

Open-saurus: That's hardcore.

Fairy: This is serious after all. We must gather more friends. Where should we go?

-Choice A: The Public Domain Terrain

-Choice B: Proprietary Prison

-Choice C: Creative Commons Corral

-Choice D: Open Source Software (location - we need to come up with a name)
?

--At Public Domain Terrain

Open-Saurus: What is all this floating junk here?

Fairy: That's everything that has been freed from copyright.

Sean: Freed? What? How did anything ever manage to escape the claws of the Copy-Reich? That's impossible! I thought we, the Open Source Rebellion, were the closest to putting up any sort of resistance to the tyranny of the Copy-Reich!

Fairy: The Public Domain is a no-man's land. People are free to use any works that have found their way into the Public Domain in their own projects. It may seem that the Copy-Reich's power is supreme, and it certainly does have great power, but it is not ultimate, it is not omnipotent. The Copy-Reich is no kingdom of God, and it is still must answer to the Public Domain in time.

Sean: Incredible! How?!

Fairy: Under current Western copyright law, all works of production are by default copyrighted. I mean, as soon as something becomes tangible, it goes under copyright protection. But 70 years after the death of the author, the copyright shield disintegrates and the Public Domain claims ownership.

Sean: Ownership? Then what's the difference if it's just a transfer of ownership?

Fairy: It becomes owned by all, the entire public, hence the name.

Sean: I see. But 70 years is a long time. I would be dead before I could use something that was created today and copyrighted!

Fairy: In the beginning, there (blah blah, statue of anne in 1710, etc.)

Fairy: Oh, there's Joy Garnett now.

Sean: Yo, Joy Garnett! What's up?

Joy: Uhh...do I know you?

Sean: What...like you don't know me?

Joy: Should I? Well, I don't.

Sean: Wha...? I'm the inventor of Napster, dude!

Joy: I'm a little too old for you to be calling dude, Mr. —

Sean: Fanning. We'll, okay, sorry about that. You know, the other day I came across this Columbia University site that was hosting a series of lectures, and I saw yours.

Joy: Is that right? Well...

Sean: Yeah, the whole thing makes me mad. It makes my blood boil like a volcano. It makes me so hot, you know? The whole threat you had to go through. You found a kickass image of a rebel throwing a Molotov cocktail, but then the Magnum photographer had to come ruin it all and crap on the party. That's just not cool.

Joy: I know. It was pretty scary. The thing is, I didn't even use her original photograph. Someone had cropped that photo and that was the original work I started from.

Open-saurus: Uhh, excuse me, but what are you guys talking about? I feel a little left out...

Sean: Oh, man, Open-saurus - sorry, dude! This is Joy Garnett and she's an artist who once took a cropped image of a rebel throwing a Molotov cocktail, repainted the cropped photo, reinterpretation and recontextualizing the whole thing, but still got heat from it from the original photographer. That Susan Meisler. She makes me puke.

Joy: They sent me a whole cease and desist letter and forced me to take down the documentation of my painting I had put up online. I posted on an online art forum, Rhizome.org, and the members were incensed! It was unbelievable, actually. I didn't know I would get this sort of reaction, and I guess support, if you want to call it that. It's like, I thought we artists without much financial power are all shaking in our boots, unwilling to band together to oppose the Copy-Reich, but that's all starting to change. We're taking a stand!

Sean: Yeah! These are some very exciting times. Very exciting times, I tell you.

Joy: In fact, the Rhizome members got so furious it spurred something called the Joy War, a play on words after the whole Toy War deal. It got so out of hand that some people believed I had gotten in trouble for using the Pepsi logo from the bottle when actually it was the entire painting that was under fire. But still, I was amazed at what my community was doing for me. Sean: So Joy, what are you doing out here in the Public Domain Terrain? I mean, I know it's beautiful and it's like spring-time every day, but...what gives?

Joy: Well, Sean, you know it's a sad day when I have to visit the Public Domain Terrain, beautiful as it is. Most of these works are so old (I mean, 70 years after the author's death?!) I really don't know if I can find anything contemporary to base my work on.

Sean: Didn't you say you were going to fight? You shouldn't care what those pigs up in the RIAA and whoever else are saying. You gotta keep what you're doing if we're going to have any chance to change all this. We need to show the world why our work is important and why it's necessary for us to have some access to other's works without needing to pay some exhoribant amounts of money that we "starving artists" don't have. M I RITE? (maybe talk about the irony of the lotto/economic model vs. starving artists in this scene)

Joy: Sean, definitely! Thank you for snapping me back to reality. I just got another cease and desist letter from some fools, but I'm so sick of this. It's time to show them who's boss.

Open-saurus: Boss?

Joy: That's right. We need to show them that our cause is the right and better cause for all of society AND the individuals.

Sean: Yeah, that's the way!

Joy: Yeah!

Sean: Uhh....

Sean: YEAH!

Joy: Errr...YEAH! So you were just mentioning "starving artists." There's an irony in that, you know?

Sean: YEAH!

Joy: ...

Joy: Anyways...the whole basis of the Copy-Reich's Western economic model of incentive is quite questionable.

Sean: YEAH!

Joy: It assumes that capitalism and the desire to get rich is inherent in everyone. In Edward Samuel's The Illustrated Story of Copyright, Samuels explains what he calls the lottery model.

Sean: The lottery model? What's that? Where can I buy a ticket?

Joy: You screwhead, it's not a real lottery. He just uses it as an example. Following his model, there are throngs of artists willing to work hard and produce their brilliant works, inspired and driven by the mere possibility of making it big, getting rich and famous.

Sean: But what about social props?

Joy: Exactly. There's a whole group out there, that's us - the open source culture - amongst others, that believes in producing art for the sake of art. Because they care. Because they enjoy the great reputation among their community! For the sake of community and tradition! This is a whole other model of incentive!

Sean: That's right! What about those African or tribal communities, right? They worked off of a communal, traditional model where nothing but social props drove their cultural progress. In fact, that's where some of our greatest music today like jazz and the blues have stemmed from.

Joy: This is a brave new model, or rather, a model that needs to be re-introduced with more force. The entire economic, lotto model seems to go against the foundation of Open Source Culture. The stifling of progress that the Copy-Reich fears so much is not as great as they make it out to be. Just because there is no money involved necessarily doesn't kill all motivation for cultural contribution. In fact, Open Source Culture provides some of the greatest contributions through tenets like collaboration, appropriation, and sharing. As a wise guy once said, with enough eyes, all bugs are shallow. We need to bring it and show the Copy-Reich what we're good for!

Sean: All right!

Joy Garnett has joined your team

Where to next?

-Choice A: Proprietary Prison

-Choice B: Creative Commons Corral

-Choice C: Open Source Software (location)
?

--At the Proprietary Prison

Jeff Koons: Ugh, this jail sucks.

Sean: Psst, Koons, man. What are you doing in there behind bars?

Jeff: Urgh. Huh? Who's there?

Sean: It's Sean Fanning, the creator of Napster.

Jeff: Oh. You need to leave now! It's not safe here. They're everywhere. They'll put in you too.

Sean: For what?

Jeff: For what? Ha ha ha. Don't insult me!

Sean: Hey, your friend Fair Use Fairy wanted me to help break you out of here, so unless you want to stay and rot?

Jeff: FAIR USE FAIRY?! That little bitch! She's the whole reason I'm in this hellhole to begin with.

Sean: blink Huh? Man, you've been exposed to too much of that proprietary brainwashing. What you talking about?

Jeff: No, you don't understand. My string of dogs sculpture was determined by the courts as transcending fair use, which is the very thing Fair Use Fairy stands for.

Sean: I'm not familiar with the case. You can vent to me though because I know what you mean, that Fair Use Fairy IS getting on my nerves lately.

Jeff: Well, allright. I haven't seen a soul in days. There've been hallucinations, man. I tell you - voices. I'm talking to myself. I'm glad you're here. I can tell you things these damned walls can't understand. They just stare back at me with invisible eyes, mocking me! I swear, I can't take another minute of this?

Sean: Allright, buddy, calm down. I'm here.

Fair Use Fairy: Well, if it isn't Jeff Koons.

Sean: Ahh! Fair Use Fairy! What the eff, Sean! I just told you I hate her!

Sean: Oh, man, sorry dude. She tagged along.

Fairy: You know, I didn't put you behind bars, Jeff. I want to be friends, really. You misunderstand me.

Jeff: Oh yeah? How so, you conniving bitch! If I get out of here, I'm going to pluck your wings and make art work out of it!

Fairy: Come on, now. I'm really very sweet.

Jeff: Go die!!!!

Sean: Hey! Hey! Cool off everyone. The guards are going to hear us. Fairy, what is this misunderstanding you talk of?

Fairy: Well, it's true that I stand for Fair Use. I want to stand for a more ideological stance where artists can use other people's works without fear of punishment, but reality's not like that. I only have so much power at this time. We, the entire Rebellion against the Copy-Reich, only have so much power. As the Fair Use Fairy, I have done my best to get certain situations exempt from copyright restrictions. I'm only able to protect those within the Fair Use boundaries that I have fought long and hard to create! I have negotiated with my life and blood with those Copy-Reich crooks to achieve the small haven that is Fair Use we have now! And you, you Jeff Koons, dare call me a bitch?! I am so not a bitch! It's because you were commercial that I couldn't save you! It's because you...you...sobs

Jeff: Fairy, I didn't know. Actually, with your crying, I don't know what you're saying anymore. If I'm not in here because of us, then what is this whole thing with Fair Use that I thought I was protected under?

Fairy: sob sob You...

Sean: She's too choked up to talk. Let me explain. Fair Use is a stature that protects certain groups and people with specific intentions in very specific contexts. Fair Use usually doesn't protect commercial ventures where you'd be getting paid for your work. Of course, that's what we're trying to fight now, but as of now, Fair Use only protects people from copyright infringement under a few provisions.

Jeff: I see. And what are these specific provisions?

Sean: Well, Fair Use is just (blah blah blah) So with your case, where you took the guy's postcard blah balh (explain what Jeff Koons did exactly and how it turned out) Jeff: I understand now. Then we might fight to expand our haven! Fairy, let's go kick some Copy-Reich butt. But first...uhh, could you guys break me out?

Open-saurus: No problem! Stand back. These bars are no match for my jaws.

Guards: Hey! What's going on! Oh no! A prison break! Freeze or I'll shoot!

Open-saurus: Oh yeah? chomps off prison guards' heads Let's go!

Jeff Koons has joined the team

Where to next?

-Choice A: Creative Commons Corral

-Choice B: Open Source Software (location)

--At the Creative Commons Corral

Sean: Whoa, what is this place?

Fairy: I've heard about this place, but never actually been here until now.

Open-saurus: This is my where I was born, guys!

Sean: Huh?

Open-saurus: We call this place the Creative Commons Corral. It's where works in the Creative Common are supported.

Sean: I'm a little afraid to ask, but...what is the Creative Commons exactly? I mean, I know that our greatest weapon was the CC-ecards, but like, I never really understood what it was. I just knew it was something that was NOT copyright. And this place looks a little creepy too, if you know what I mean.

Open-saurus: Creative Commons is an alternative to copyright.

Sean: An alternative? That's awesome. Anything that isn't the creation of the Copy-Reich works for me.

Open-saurus: Well, let me go on. It's not exactly the Public Domain Terrain either.

Sean: Continue.

Open-saurus: Creative Commons is based on the tenets of open source culture, hence my name. We believe in three main things when it comes to intellectual work.

Sean: Intellectual work?

Open-saurus: Well, I'd say intellectual property, but that implies that the work belongs to someone and he has rights to it. Which it does and he does have some rights, but the whole idea behind Creative Commons is revolutionary.

Sean: Yeah? Tell me about it.

Open-saurus: Well first let me tell you the difference between open source culture and Creative Commons. Open Source Culture mainly believes in three main things: appropriation, collaboration, and sharing. These are the tendencies of Open Source Culture.

Sean: Yeah, I know. Get to it.

Open-saurus: Allright, well if you know, then let me say this for the sake of Fair Use Fairy! You don't know right?

Fairy: Mmm...actually, I do.

Open-saurus: Well! Then let me say it for the sake of those watching this on their computers! Appropriation is taking another's work and sampling it in your own work. This is how Open Source Culture productions are created, through the sampling, re-sampling, and recontextualizing of other's works.

Sean: Tell them about the difference between appropriation and copying.

Open-saurus: Okay, man. Are you running this show or me? This is my home, so let me do the talking, allright? Allright? Is that okay with you, Sean? Or do you want to be the host? Geez.

Sean: Whatever. Hey, Fair Use Fairy, what's his problem?

Fairy: Who knows.

Open-saurus: So appropriation involves other people's works, but the difference from plagiarism is the intent, the context, and amount and significance of sampling, and how much it affects the original work. Appropriation artists, that's us - people in the Rebellion, are making derivative works. Now, there are certain things involved with appropriation that makes it legal appropriation according to the Copy-Reich. First, there is a difference between parody versus commentary. I can't take the Scream painting and use it in my work as a commentary on some social critic that my overall work is supposed to expose, but I can take the Scream painting and alter it in such a way that it comments directly back on the original painting. So the Simpsons rendering of the Scream is legal because it's a parody.

(whole standard of oringiality thing)

Sean: There's another important distinction to be made between idea and expression too.

Open-saurus: I know, Sean! I'm getting to it. Back to appropriation. So there are a few provisions in which appropriation is appropriate or allowed. The Fair Use guidelines determine whether a work is in violation or not. The courts try to determine:

  • (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
  • 2) the nature of the copyrighted work
  • 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole
  • 4) the effect of the use upon the potential market for or value of the copyrighted

Talk about Diff btwn idea and expression.

-then talk about collaboration/sharing

-then talk about what Creative Commons is (some rights reserved)

-meet Mark Tribe character who says he supports the cause of the Rebellion, but doesn't have time to go fight - he has MC170 to teach

Where to next?

-Choice A: Open Source Software (location)

At the Open Source Software (location)
Need new scene/location to address Open Source Software (GNU, Linux, Mozilla, etc.)

(short end animation of the Rebellion team wrecking havoc against Copy Rhino, U.S.S. Ownership, etc. and getting the CC-ecards back)

CONCLUSION:

Now that the team has been assembled and you have the background knowledge regarding copyright, open source culture, and intellectual property, the rest is up to you! Yeah, you, reading this now. The Rebellion entrusts their faith in you as a leader. After all, only you can prevent Copy-Reichs. It's up to you to make the CC-ecards viable. Send, spread the knowledge.

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