Category Archives: Copyright

Designers, literature, abstracts and Concretes

Trinity College Dublin Library, by A little coffee with my cream and sugar on Flickr

Last week, I put a quick survey online asking how actual designers make use of academic literature.

It provoked some interesting discussion on Twitter as well as two great blog posts from Dr Nicola Combe and Clearleft’s Andy Budd exploring different aspects of the question: ways to get access to academic research, and the frustrations of the relationship between design practice and academia. Comments on Andy’s article from Vicky Teinaki and Sebastian Deterding helped draw out some of the issues in more detail (and highlighted some of the differences between fields). Kevin Couling has also blogged from the perspective of an engineer, drawing on Nicola’s post. Steven Shorrock pointed to his work with Amy Chung and Ann Williamson addressing similar issues, much more rigorously, within human factors and ergonomics [PDF]. Someone also reminded me that I’d already blogged about related issues back in 2007.

As of now, about 50 people have filled in the survey, a mixture of digital, physical and service design practitioners: thank you everyone, and thanks too to people who emailed comments in addition.

Here’s the full spreadsheet of survey responses (Google Docs) so far. I’ve had some good suggestions for other places to publicise it, so I’ll do this in due course to get a wider scope of practitioners’ opinions.
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How do actual designers use academic literature?

The whole point of doing research is to extract reliable knowledge from either the natural or artificial world, and to make that knowledge available to others in re-usable form.

Nigel Cross, ‘Design Research: A Disciplined Conversation’, Design Issues 15(2), 1999, p.9 [PDF link]

>>>Link to a very quick survey

It’s incredibly sad that it took Aaron Swartz’s death, but the issue of open access to academic literature has been dramatically brought to the fore again, coincident with interesting practical developments, some ‘official’ and some less so. The movement towards open access is not going to stop, and in some academic disciplines will leave the ‘landscape’ of journals and publication methods very different.
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Freudian slip in BBC iTunes story

Apple has repeatedly made clear that it is in this business to make money, and would most likely not continue to operate iTS if it were no longer possible to do so profitably, said Mr Cue. The National Music Publishers' Association has asked for the royalty rake increase and has said it believes everyone will benefit because the digital music market is growing. I think we established a case for an increase in the royalties, said David Israelite, president of the NMPA. Apple may want to sell songs cheaply to sell iPods. We don't make a penny on the sale of an iPod

From this BBC story, as of 6.43 pm.

P.S. I love the way it’s claimed “everyone will benefit” from the royalty rise. As a consumer, I can’t wait to be paying more! Perhaps a price increase will help limit the consumption of this precious rivalrous good… oh, wait…

P.P.S. Not the first time a BBC story about Apple’s had truer-than-they-perhaps-meant phrasing.

Paper Rights Management

Springer delivery note
Springer delivery note

This delivery note from Springer informs me that the book I’ve bought “must not be resold”. Good luck with that. So have I bought it or not? Or have I bought a licence to read it? What if I give it away?

Many companies would love to be able to control what users can do with things they buy, or with information after someone’s learned it. We know that, and we know that, fundamentally, it’s not going to work. You can try and shape behaviour, to guide users into helping themselves, but nonsense such “end-user licence agreements” for books has no mechanism of enforcement, and offers no benefit to the reader if he/she obeys it anyway.

How valid, legally, are any of these “post-purchase conditions”, anyway? Surely the first-sale doctrine or its equivalents allow users to re-sell items they buy with impunity?

Persuasion & control round-up

  • New Scientist: Recruiting Smell for the Hard Sell
    Image from New ScientistSamsung’s coercive atmospherics strategy involves the smell of honeydew melon:

    THE AIR in Samsung’s flagship electronics store on the upper west side of Manhattan smells like honeydew melon. It is barely perceptible but, together with the soft, constantly morphing light scheme, the scent gives the store a blissfully relaxed, tropical feel. The fragrance I’m sniffing is the company’s signature scent and is being pumped out from hidden devices in the ceiling. Consumers roam the showroom unaware that they are being seduced not just via their eyes and ears but also by their noses.

    In one recent study, accepted for publication in the Journal of Business Research, Eric Spangenberg, a consumer psychologist and dean of the College of Business and Economics at Washington State University in Pullman, and his colleagues carried out an experiment in a local clothing store. They discovered that when “feminine scents”, like vanilla, were used, sales of women’s clothes doubled; as did men’s clothes when scents like rose maroc were diffused.

    A spokesman from IFF revealed that the company has developed technology to scent materials from fibres to plastic, suggesting that we can expect a more aromatic future, with everything from scented exercise clothing and towels to MP3 players with a customised scent. As more and more stores and hotels use ambient scents, however, remember that their goal is not just to make your experience more pleasant. They want to imprint a positive memory, influence your future feelings about particular brands and ultimately forge an emotional link to you – and more importantly, your wallet.

    (via Martin Howard‘s very interesting blog, and the genius Mind Hacks)

  • Consumerist: 5 Marketing Tricks That Unleash Shopping Frenzies
    Beanie BabiesThe Consumerist’s Ben Popken outlines “5 Marketing Tricks That Unleash Shopping Frenzies”:

    * Artificially limit supply. They had a giant warehouse full of Beanie Babies, but released them in squirts to prolong the buying orgy.
    * Issue press releases about limited supply so news van show up
    * Aggressively market to children. Daddy may not play with his kids as much as he should but one morning he can get up at the crack of dawn, get a Teddy Ruxpin, and be a hero.
    * Make a line of minute variations on the same theme to create the “collect them all” effect.
    * Make it only have one highly specialized function so you can sell one that laughs, one that sings, one that skydives, etc, ad nauseum.

    All of us are familiar with these strategies – whether consciously or not – but can similar ideas ever be employed in a way which benefits the consumer, or society in general, without actual deception or underhandedness? For example, can artificially limiting supply to increase demand ever be helpful? Certainly artificially limiting supply to decrease demand can be helpful to consumers might sometimes be helpful – if you knew you could get a healthy snack in 5 minutes, but an unhealthy one took an hour to arrive, you might be more inclined to go for the healthy one; if the number of parking spaces wide enough to take a large 4 x 4 in a city centre were artificially restricted, it might discourage someone from choosing to drive into the city in such a vehicle.

    But is it helpful – or ‘right’ – to use these types of strategy to further an aim which, perhaps, deceives the consumer, for the ‘greater good’ (and indeed the consumer’s own benefit, ultimately)? Should energy-saving devices be marketed aggressively to children, so that they pressure their parents to get one?

    (Image from Michael_L‘s Flickr stream)

  • Kazys Varnelis: Architecture of Disappearance
    Architecture of disappearance
    Kazys Varnelis notes “the architecture of disappearance”:

    I needed to show a new Netlab intern the maps from Banham’s Los Angeles, Architecture of Four Ecologies and realized that I had left the original behind. Luckily, Google Books had a copy here, strangely however, in their quest to remove copyrighted images, Google’s censors (human? algorithmic?) had gone awry and had started producing art such as this image.

    It’s not clear here whether there’s a belief that the visual appearance of the building itself is copyrighted (which surely cannot be the case – photographers’ rights (UK at least) are fairly clear on this) or whether that by effectively making the image useless, it prevents someone using an image from Google Books elsewhere. The latter is probabky the case, but then why bother showing it at all?

    (Thanks to Katrin for this)

  • Fanatic Attack
    Finally, in self-regarding nonsense news, this blog’s been featured on Fanatic Attack, a very interesting, fairly new site highlighting “entrancement, entertainment, and an enhancement of curiosity”: people, organisations and projects that display a deep passion or obsession with a particular subject or theme. I’m grateful to be considered as such!
  • The right to click

    English Heritage, officially the Historic Buildings and Monuments Commission for England, and funded by the taxpayer and by visitors to some of its properties, does a great deal of very good work in widening public appreciation of, and engagement with, history and the country’s heritage.

    But its ViewFinder image gallery website* sadly falls into the trap of trying to restrict public engagement rather than make it easy. Yes, someone specified the old ‘right click disabled‘ policy:

    English Heritage Viewfinder: right-click disabled
    Screenshots of this page, launched from this page.

    Now, the image in question – here’s a direct link – which happens to be an engraving of the former Datchet bridge**, in 1840 according to this page (with a colour image) is, even taking English Heritage’s “1860-1922” suggested date range, surely out of copyright, so presumably there cannot be any ‘legal’ question over ‘letting’ people save a copy (which is easiest to do by right-clicking on the most common operating systems and browsers). Using Javascript to remove the browser toolbars and menus also hides the ability to print the image for most users, presumably also deliberately.

    Yes, of course, many (most?) readers of this post will know how to get around the no-right-click architecture of control, but you’re reading a technology blog; think of whom the site is presumably aimed at. It is supposed to be a resource to encourage public engagement with history and heritage. Most users will be computer-literate enough to know how to search and probably familiar with right-clicking, but not to mess round with selectively disabling Javascript. Why should they have to? Incidentally, if you do disable Javascript entirely, you can’t even view an enlarged image at all:

    English Heritage Viewfinder

    What actual use to the public, other than for momentary on-screen interest, is a photo archive website where nothing can be ‘done’ with the images? What is a child doing a local history project supposed to do? Order a print at £18.80 for each photo and then scan it in? Does English Heritage really think that the ability for someone to save or print or e-mail a low-resolution 72 dpi image is going to devalue or compete with the organisation in some way?

    It’s ridiculous: such a short-sighted, narrow-mindset policy removes a significant proportion of the usefulness of the site. I don’t know whether the site developer did this with or without English Heritage’s instruction or cognizance (and it was in 2002, so perhaps different thinking would apply today), but it seems that no-one bothered to think through what an actual user might want to get from interacting with the site.

    In fact, regardless of the fact that this particular image (as with many others on the site) is in the public domain, even the images which are still under copyright (or “© English Heritage.NMR” as the site puts it, NMR being the National Monuments Record) should, of course, be freely downloadable, printable, and do-whatever-you-want-able. Their acquisition, preservation and cataloguing were paid for by the public, and they should all be available as widely, and easily, as possible. As it is, I would call the website a waste of public money, since it does not appear to offer what most intended users would expect and need.

    Still, at least the site’s not one giant bundle of Flash. That would make it marginally more hassle to extract the images.

    *Partially funded by the Big Lottery Fund, and thus not entirely directly taxpayer-funded, unless one regards the National Lottery as an extra tax on the hopeful and desperate, which some commentators would.
    **Almost exactly the spot where I’ve been testing a prototype radio-controlled toy for a client this very afternoon, in fact, though the bridge is long gone.