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Intellectual "Property" in the Digital Age
Frank Field
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-REC Adding Art and Tech to Techno
[4892 hits, 0 votes, Average Rating 0] [Added: 23rd Jun 2002]

Wired.com; Paul Boutin; June 22, 2002. Is this the future of music? A look at Fischerspooner.

"We're definitely a post-Napster band," said Casey Spooner, singer for the New York City-based Fischerspooner . The band's first album, "#1," has already spent several weeks on Amazon U.K.'s Hot 100 list of top sellers along with Eminem and Queen, even though its first single won't be released until July.

"We've had responses from the French West Indies, from Russia, from Israel -- you name it," Spooner said. "It's not because the record is available, it's because people have found it on the computer. It's great because radio is completely dead for the most part in the U.S. -- the Internet is really radio now."

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-REC Band of Outsiders
[3611 hits, 0 votes, Average Rating 0] [Added: 16th Mar 2002]

New York Times Magazine; Dwight Garner; March 17, 2002. A discussion of outsider music: " The sudden interest in outsider music can be seen, in part, as a violent reaction to the kind of ultrapasteurized pop music we've had to live with for the past few years: the boy bands, Britney, the Dixie Chicks. Music fans have been waiting -- and waiting -- for the next real thing, for a rough, original band to sweep in (the way Nirvana did in the early 90's) and wipe all the wannabes off the stage."
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-REC Developers worry Web too controlled
[2878 hits, 0 votes, Average Rating 0] [Added: 22nd Jun 2002]

San Jose Mercury News; Anick Jesdanun; June 21, 2002.

The Internet's potential for promoting expression and empowering citizens is under threat from corporate and government policies that clash with the medium's long-standing culture of openness, some leading Internet thinkers warn.

At the annual Internet Society conference this week, the engineers who built the Internet and many of the policymakers who follow its development urged caution as governments try to exert control and businesses look to maximize profit.

Slashdot dicussion: Web Thinkers Warn of Culture Clash
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-REC Disney chief Eisner recruits Abe Lincoln in piracy fight
[4247 hits, 0 votes, Average Rating 0] [Added: 27th Mar 2002]

The Register; John Lettice; March 27, 2002. "Disney CEO Michael Eisner has recruited Abraham Lincoln, Vaclav Havel, Douglass North and Sigmund Eisner (relation) for his campaign against intellectual property pilfering on the Internet." The link to the article is not correct at The Register: here is a working one - Dave Winer's weblog is a source of good commentary from the other side. A more thorough discussion is here: Eisner made over $700 million in 5 years - March 27, 2002. And there a good links from there as well
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-REC Free Software: The Right to be a Charitable Community
[1869 hits, 0 votes, Average Rating 0] [Added: 29th Aug 2001]

varlinux.org; Paul Ferris; July 16, 2001. A perspective on the open source/free software movements.
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-REC Investors May Have Repudiated the Internet, but Consumers Have Not
[5043 hits, 0 votes, Average Rating 0] [Added: 22nd Jul 2002]

New York Times; Amy Harmon and Felicity Barringer; July 22, 2002. Maybe the Internet isn't really about chaging commerce:

But as old-line media celebrates its return to power and to vogue, some analysts and executives caution that the Internet's capacity to change the rules should not be discounted too quickly. Investors may have repudiated the Internet, they say, but consumers have not.

"The Internet may not be doing so great on Wall Street, but it's doing great on Main Street," said Marshall Cohen, senior vice president for research at America Online. "As far as the people who are online, they're using it more and valuing it more."

For consumers, that may be a good thing. But for media companies looking to the Internet for profits, it remains a frustrating reality. The "digital revolution" that many traditional media executives were convinced would topple them or make them rich has not materialized.

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-REC Media chief decries Net's moral fiber
[2607 hits, 0 votes, Average Rating 0] [Added: 21st Aug 2002]

ZDNet News; Declan McCullagh; August 21, 2002.

The president of media giant News Corp. warns that the Internet has become a "moral-free zone," with the medium's future threatened by pornography, spam and rampant piracy.

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-REC Melancholy Elephants
[4081 hits, 0 votes, Average Rating 0] [Added: 4th Sep 2002]

Baen Books; Spider Robinson. A great and pertinent science fiction story. From By Any Other Name; ISBN:0671319744
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-REC Music's Dangers and the Case for Control
[4733 hits, 0 votes, Average Rating 0] [Added: 10th Dec 2001]

New York Times; Richard Taruskin; December 9, 2001. Starting the fact of the Taliban's ban on music, an examination of the cultural challenges in music
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-REC Programmers enroll in political training
[3490 hits, 0 votes, Average Rating 0] [Added: 10th Jun 2002]

CNet News; Lisa Bowman; Jun 10, 2002. *Guilty!*

The senior's poem--a joking commentary on the Digital Millennium Copyright Act's (DMCA) effects on programmers--is one of the unconventional ways the computer science community is expressing its bewilderment at Capitol Hill's foray into their field.

A few years ago, the confluence of policy and technology seemed something for wonks far away in Washington to ponder. A preview of the clash was glimpsed in the late 1990s, when a handful of geeks successfully battled the Clinton administration to ease export restrictions on encryption technology.

Now a series of legal actions has brought the debate into the labs, homes and offices of millions of programmers, prompting some of them to emerge from their cubicles and take action. This time, as they say, it's personal.

The ZDNet version includes Talkbacks.
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-REC Silicon Valley Grows Up
[4882 hits, 0 votes, Average Rating 0] [Added: 24th May 2002]

New York Times; Claire Tristram; May 24, 2002. A look at how the Silicon Valley culture has responded, and must now respond, to external threats.

Of course, what some find charming others see as condescending. Back when Napster was still in the early stages of being sued for copyright infringement, its executives would publicly express their belief, with all sincerity, that Napster would one day be embraced by the music industry: the industry just didn't understand the technology yet.

Alas, understanding never came. Despite credible studies suggesting that sharing music files online actually leads consumers to buy more CD's rather than fewer, the association pressed forward with its suit and Napster was shuttered, its remains subject to a fire sale just last week. Some 80 million Napster users were scattered to the wind. And digital music distribution has become a dead zone where investors fear to tread.

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-REC Surveying the Digital Future
[1797 hits, 0 votes, Average Rating 0] [Added: 10th Dec 2001]

UCLA Center for Communication Policy; Jeff Cole, et al.; December, 2001. Like Slashdot says, it's the 2001 UCLA Internet Census, telling us about how and what the Internet is being used for. Interesting reading.
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-REC The machine in the ghost
[3789 hits, 0 votes, Average Rating 0] [Added: 22nd Jun 2002]

Doc Searls Weblog; Doc Searls; June 22, 2002. A consideration of the impact of the recent webcasting royalty decision and what it says about culture:

That's why the CARP/LOC ruling is so awful and wrong. It's about maintaining the star-making machinery that starts with the recording industry and works its way through commercial broadcasting, mass market advertising, arena performance events, cross-promotion and all the rest of it.

Music file sharing was the listeners' way of working around the failure of commercial radio to serve any form of passion or connoisseurship about music. When the RIAA killed Napster, it was understandable to the degree that Napster conceivably threatened the very revenues on which the industry depended.

Internet radio is also a way listeners, as well as professional broadcasters, can work around that same failure of commercial radio. But this time the RIAA's attacks are not in self-defense. Through CARP/LOC, the RIAA and its allies are viciously and murderously attacking something that not only fails to threaten them, but actually serves the very artists they pretend to care about.

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-REC Webbed, Wired and Worried
[5439 hits, 0 votes, Average Rating 0] [Added: 26th May 2002]

New York Times; Thomas Friedman; May 26, 2002. A sobering look at the Silicon Valley culture by a generally perceptive guy. I hope what he has to say here is no deeper than what he states.

In a recent visit to Stanford University and Silicon Valley, I had a chance to pose these questions to techies. I found at least some of their libertarian, technology-will-solve-everything cockiness was gone. I found a much keener awareness that the unique web of technologies Silicon Valley was building before 9/11 — from the Internet to powerful encryption software — can be incredible force multipliers for individuals and small groups to do both good and evil. And I found an acknowledgment that all those technologies had been built with a high degree of trust as to how they would be used, and that that trust had been shaken. In its place is a greater appreciation that high-tech companies aren't just threatened by their competitors — but also by some of their users.

"The question `How can this technology be used against me?' is now a real R-and-D issue for companies, where in the past it wasn't really even being asked," said Jim Hornthal, a former vice chairman of Travelocity.com. "People here always thought the enemy was Microsoft, not Mohamed Atta."

Update: Dan Gillmore reponds

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-A.I.'s mysterious and masterful promotional campaign
[1853 hits, 0 votes, Average Rating 0] [Added: 15th May 2001]

The use of the Internet in marketing; in this case, the development of community around a movie promotion.
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-A Beautiful Life, an Early Death, a Fraud Exposed
[6540 hits, 0 votes, Average Rating 0] [Added: 31st May 2001]

New York Times; Katie Hafner; May 31, 2001. The Kaycee Nicole Swenson online hoax
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-A Rape in Cyberspace
[1831 hits, 0 votes, Average Rating 0] [Added: 18th May 2001]

Village Voice; Julian Dibbell; Dec 23, 1993. As described in Lessig's Code - the original article. A revised version is here.
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-Adding Up The Costs Of Cyberdemocracy
[3483 hits, 0 votes, Average Rating 0] [Added: 2nd Jun 2001]

New York Times; ; June 2, 2001 A discussion of the nature of the internet culture and the notions of information interchange in a democracy. Lessig and others cited.
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-As Ethicists, They Don't Hack It
[4309 hits, 0 votes, Average Rating 0] [Added: 13th Aug 2001]

Wired.com; Steve Kettmann; August 13, 2001
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-Code free or die
[3103 hits, 0 votes, Average Rating 0] [Added: 2nd Apr 2002]

Salon.com; Andrew Leonard; April 2, 2002. "A new biography of Richard Stallman looks at how the free software mastermind got to be so single-mindedly stubborn."
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-Culture Clash and the Road to World Domination
[1644 hits, 0 votes, Average Rating 0] [Added: 20th May 2001]

IEEE Software; Greg Perkins; Jan-Feb, 1999; pp. 80-84. The subhead says "As commecial interest in open-source software development grows, an apparent conflict between the cultures of open source and capitalism threatens to derail the movement's momentum. But in fact, the character and operation of both are shaped at many levels by an important, shared ethos: the value of individual freedom."
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-Delphion To Start Charging For Patent Access
[2444 hits, 0 votes, Average Rating 0] [Added: 15th May 2001]

Long ago (as Internet Time is reckoned), IBM put together a large database server to demonstrate the capabilities of their software. The dataset was the contents of the US Patent Office, and the materials were put up on the Internet for everyone to access. IBM moved on, and Delphion was set up to run the server. As of June 1, 2001, the server access will no longer be completely free. Here's the Slashdot article on the subject, and the resulting discussion - a look at digital culture and the notions of "free" on the Internet.
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-EBay Fee Move Likely to Be Copied
[2675 hits, 0 votes, Average Rating 0] [Added: 1st Jun 2001]

New York Times; AP Wire; June 1, 2001. A discussion of the reaction of eBay sellers to the fact that the key tool for posting offerings effectively on the site will no longer be upgraded for free - the rise of the subscription software model
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-End of an affair?
[3450 hits, 0 votes, Average Rating 0] [Added: 20th Jun 2001]

Salon; Damien Cave; June 20, 2001. The response of the TiVo community to the hacking of the filesystem, potentially unlocking the TiVo as a tool for archiving TV showas, rather than just streaming them with a time shift. Post-Napster responses to a hardware/software hack by the community that opens up the system for copying of TV content.
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-Free Software/Free Science
[2177 hits, 0 votes, Average Rating 0] [Added: 10th Dec 2001]

firstMonday.org; Christopher M. Kelty; December, 2001. Cultural parallels and distinctions between open source software development and the science community. The Slashdot discussion: For The Love Of Open Source
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-Free Web: Its days are numbered?
[1694 hits, 0 votes, Average Rating 0] [Added: 5th Jun 2001]

ZDNet; Stefanie Olsen, Jim Hu and Mike Yamamoto; June 4, 2001. A sweeping article that covers the waterfront, discussing the rise of fee-based WWW services and the possible implications for copyright -- as well as the consumer responses.
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-Freedom, POwer, or Confusion?
[4436 hits, 0 votes, Average Rating 0] [Added: 29th Aug 2001]

LinuxToday; Eric Raymond; August 17, 2001. The coining of 'ferblage' - the interminable Free vs. Open debate gets a new word
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-From Unseemly to Lowbrow, the Web's Real Money Is in the Gutter
[4308 hits, 0 votes, Average Rating 0] [Added: 28th Aug 2002]

,i>New York Times; John Schwartz; August 26, 200.
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-How to Take Down the Music Industry
[4276 hits, 0 votes, Average Rating 0] [Added: 1st Jul 2002]

kuro5hin.org; June 30, 2002. A rant on the music industry - nothing much seems to change; as the comments say. Lots of links for interest.
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-In a Land of Sun and Music, CD Pirates Play Robin Hood
[2511 hits, 0 votes, Average Rating 0] [Added: 20th May 2001]

New York Times; Larry Rohter; May 20, 2001. A discussion of the Brazilian take on music IP.
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-Kathleen Fent, Read This Story
[2839 hits, 0 votes, Average Rating 0] [Added: 14th Feb 2002]

Slashdot.org; CmdrTaco; February 14, 2002. Commander Taco pops the question online. Great commentary. And he makes Internet news everywhere: Wired.com, ZDNet.COM, The Register
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-Making Programs like Water: Free and Transparent
[6071 hits, 0 votes, Average Rating 0] [Added: 15th Jun 2001]

New York times; Katie Hafner; June 13, 2001. An interview with Tim O'Reilly, publisher of many of the open source community's finest (only?) technical manuals; now what appears to be a publishing empire.
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-Massberg on 'Smart Tags'
[3590 hits, 0 votes, Average Rating 0] [Added: 10th Jun 2001]

DaveNet (a Weblog); Dave Winer; June 7, 2001. A commentary on the WSJ article on the new Smart Tags feature that Microsoft is planning to put into Windows XP - the death of the unedited Web?
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-Microsoft's Smart Tags threaten Web
[2614 hits, 0 votes, Average Rating 0] [Added: 15th Jun 2001]

SiliconValley.com; Dan Gillmore; June 14, 2001. Another critique of the Smart Tags concept, with a larger look at the "amoral" culture of the leaders of the digital industries.
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-Murderer confesses on Anandtech forum
[4305 hits, 0 votes, Average Rating 0] [Added: 18th May 2001]

The Register; Kieren McCarthy; May 18, 2001. Life in the digital world; what happens when the norms of cyberspace are violated.
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-Music in the Age of Free Distribution: MP3 and Society
[2495 hits, 1 votes, Average Rating 10.00] [Added: 16th Jan 2002]

firstmonday.org; Kostas Kasaras; Issue 7_1, Jaunary 2002. A reasonably good history of music reproduction and MP3, as well as the Napster phenomenon. Beyond that, it starts to get a little fuzzy, IMHO; ultimately arguing that MP3 copying is a political act that will change the industry - maybe. Nice background, though.
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-Nick Hornby's 'Songbook': A Mix Tape in Prose
[4543 hits, 0 votes, Average Rating 0] [Added: 18th Feb 2003]

NYTimes Book Review; Gerald Marzorati; February 16, 2003.

A hundred, two hundred years from now, a historian of our mentalite might well want to investigate the role played by recordings of popular music. How did those four-minute songs, listened to while driving or walking, at gatherings or in the privacy of a bedroom, by youths especially (or those wishing to feel youthful); heard over and over again and then abandoned (but never forgotten) for new songs (and what heralds newness, exactly?); these songs, the tens of thousands of them: how did they bind people together culturally, and how did they resound in the deepest reaches of the self?

That historian's work will be made a whole lot easier if Nick Hornby is still in print. Hornby's ''High Fidelity,'' published in 1995, is a great English comic novel, but also an extraordinarily perceptive inquiry into the ways pop music can shape and bend being. From the book's first sentence, it's frighteningly (and hilariously) clear that Rob, the 30-something narrator, has gravely internalized the habitudes of rock: he's essentially reduced the failed romances of his youth to ''my desert-island, all-time, top five most memorable split-ups.'' Records are more than his job, though he does own a not-quite-for-profit north London shop for the discerning collector of vinyl, and they are more than what keeps him company, though he is lonely enough to spend too many evenings reorganizing his own vast collection. Listening to records day in, day out, has, in a very real sense, reordered his temperament, as Rob himself comes to understand: ''Maybe we all live life at too high a pitch, those of us who absorb emotional things all day, and as a consequence we can never feel merely content: we have to be unhappy, or ecstatically, head-over-heels happy. . . . Maybe Al Green is directly responsible for more than I ever realized.'' That, as any music freak would acknowledge, is a No. 1 all-time insight.

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-No recession for free software
[1895 hits, 0 votes, Average Rating 0] [Added: 18th May 2001]

Wired; Andrew Leonard; May 18, 2001. A look at the responses to an earlier Leonard column suggesting that the open software movement was going to die with the dot-com bubble, as evidenced by the shuttering of Eazel - the culture that drives open source development
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-Not Dead: Beautiful Cancer 'Victim' Only in Mind's Eye
[1909 hits, 0 votes, Average Rating 0] [Added: 30th May 2001]

ABCNEWS.com; dianne Lynch; May 30, 2001. Another look at the emontional connections that can be formed (and abused) on the Internet.
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-Real0Life Cyborg Challenges Reality With Technology
[4733 hits, 0 votes, Average Rating 0] [Added: 26th Sep 2001]

New York Times; Bruce Schechter; September 25, 2001. A look at technology and its application. Slashdot commentary and links: Fighting For Privacy With Art and Words
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-Report Security Problems, Face the Consequences
[3109 hits, 0 votes, Average Rating 0] [Added: 19th Aug 2001]

Slashdot; August 18, 2001. The tale of a ISP tech support guy (Brian West) who (1) found a security problem at a WWW page for a bank hosted by another ISP; (2) informed the company and then the FBI about the weakness; and (3) now finds that he faces prosecution. The Slashdot commentary is a useful insight into the hacker/libertarian mindset, as well as the dissenting perspectives. There's an aricle the The Register (FBI treats 'Good Samaritan' as public enemy; John Leyden; August 21, 2001), and the defendent himself has posted all relevant materials here.
Update: Declan McCullagh's PolitechBot site has an article that suggests that, perhaps, this wasn't quite so innocent after all.
Update: Salon has posted this How Do you Fix A Leaky Net? which gives more depth to the story and discusses the subsidiary issues.
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-Revisting Wasserman's Vision
[3829 hits, 0 votes, Average Rating 0] [Added: 11th Jun 2002]

New York Times; Dennis McDougal; June 10, 2002. A revisionist look at Lew Wasserman, particularly the idea that he may have understood distribution better than his peers. I don't know that I agree with the attribution of these ideas to Wasserman, but they're worth reading about:

Mr. Wasserman might have had terrible taste in TV and movies, but his understanding of the progressive nature of technology, particularly as it applied to the distribution of mass entertainment, was without parallel. In an era of Napster and MP3's, it is easy to forget that only 20 years have passed since Mr. Wasserman's MCA/Universal was locked in a struggle with Sony over the VCR. Who won? Well, how many people watch movies on Betamax? Similarly, in the 1970's, it was Mr. Wasserman's MCA that cornered the market on crucial patents on small silver circles known as compact discs that would eventually replace the old familiar black vinyl of the long-playing phonograph record.

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-Sharing Still Doesn't Hurt
[3534 hits, 0 votes, Average Rating 0] [Added: 27th Apr 2002]

Slashdot; April 26, 2002. Discussion of a couple of rants (linked) on the culture of sharing versus protecting all intellectual property.
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-The Capitalist View of Open Source
[4193 hits, 0 votes, Average Rating 0] [Added: 18th May 2001]

LinuxToday; Ganesh Prasad; May 18, 2001. An opinion piece as a fallout of the Microsoft challenge to the legitimacy of the GPL, written around the writings of one of the intellectual gods of the "cyberselfish" - Ayn Rand.
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-The Cathedral and the Bazaar
[2051 hits, 0 votes, Average Rating 0] [Added: 3rd Jun 2001]

Eric Raymond (the maintainer of the GPLed program fetchmail) wrote this essay/book to describe the distinctions between the open software development model and the proprietary software development model. Considered a seminal work describing the notion of software development by community.
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-The Day My Free Computer Music Died
[3304 hits, 0 votes, Average Rating 0] [Added: 3rd Jun 2001]

New York Times; K. Alexander; Feb 18, 2001.
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-The Merchants of Cool
[3710 hits, 0 votes, Average Rating 0] [Added: 17th May 2001]

A companion WWW page for PBS' FrontLine report, The Merchants of Cool. This was a look at the selling of pop culture to teens, through a combination of anthropology-based market research and vertically integrated media firms, with a particular look at MTV and record company alliances. You can go directly to the transcript here. However, after reading the transcript, it is interesting to look at the "What Teens Think" link - look in the second block of answers. (or just search for "Napster")
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-The Not-So-Free Web
[2328 hits, 1 votes, Average Rating 7.00] [Added: 3rd Jun 2001]

Slashdot; May 2, 2001. A discussion of "Free Rides Now Passe on Information Highway" by Saul Hansell
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-WIPOUT Essay Results - 2002
[2217 hits, 0 votes, Average Rating 0] [Added: 27th Apr 2002]

WIPOut WWW Site - this organization runs an essay contest counter to the WIPO's - the 2002 winners are here. "As we stated at the beginning of the contest, however, the competitive aspect of our contest was always secondary to the purpose of giving a platform to the voices who disagree with the constant expansion of Intellectual Property protection: these voices are very rarely given the opportunity to speak. The 77 essays that WIPOUT has received have illustrated the diverse ranges of people whose lives are negatively affected by the over-protection of Intellectual Property and we thank all of the people who took some time to write something for the contest, and all those who have taken time to read what they have said." Slashdot discussion, with lots of links: Wipout Essay Results
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-Wizards of OS (english www page)
[1868 hits, 0 votes, Average Rating 0] [Added: 15th Jun 2001]

A series of conferences subtitled "Open Sources & Free Software" - with many resources into the social context of the effort.
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