All posts filed under “Intellectual property

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.

    No photography allowed

    A couple of recent stories on photography of certain items being ‘banned’ – Cory Doctorow on a Magritte exhibition’s hypocrisy, and Jen Graves on a sculpture of which “photography is prohibited” – highlight what makes me tense up and want to scream about so much of the ‘intellectual property debate’: photons are no more regulable than bits. And bits, like knowledge itself, aren’t regulable either (Cory again). Just as he who lights his taper at mine, receives light without darkening me, so he who receives an idea from me, receives instruction himself without lessening mine (Jefferson, via Scott Carpenter).

    So this sign available from ACID (Anti-Copying In Design) made me laugh with astonishment, and cringe a little:

    No photography allowed, from ACID
    Image from an ACID leaflet, “You wouldn’t say that copying was the sincerest form of flattery if it cost you your business”. The sign doesn’t seem to be shown on ACID’s Deterrent Products online store.

    I understand what ACID is trying to do, and unlike most anti-copying initiatives, ACID is set up specifically to protect the little guy rather than enormous intransigent oligarchies. ACID’s sample legal agreements and advice for freelancers on dealing with clients, registering designs, etc, are great initiatives and I’m sure they’ve been a fantastic help to a lot of young designer-makers.

    But a sign ‘banning’ photography at exhibitions? At design exhibitions where new aesthetic ideas are the primary reason for most visitors attending? That seems hopelessly naïve, akin to a child defensively wrapping his or her arm around a piece of work to stop the kid at the next desk copying what’s being written, but then pleading with teacher to put it up on the wall.

    And I would have thought, to be honest, that “with phone cameras your ideas… [being] sent globally within seconds” is more likely to lead to instant fame and international recognition for the designer on sites such as Cool Hunting, We Make Money Not Art, or Core77 than (presumably unauthorised) “mass production”. But maybe I’m wrong: I’m sure you’ll let me know!

    Most young designers are desperate for exposure. I know every design exhibition I’ve shown stuff at (not many, to be fair), I’ve been delighted when someone photographs my work. ACID’s sign also raises the question, of course, whether when someone displaying the sign actually sells a piece of work, it comes with a label attached telling the purchaser than he or she may not photograph it, or show it to friends. Wouldn’t that be a logical extension?

    P.S. We’ve looked before at actual technologies to ‘prevent’ photography, such as Georgia Tech’s CCD-blinder and Hewlett-Packard’s “remote image degradation” device (in the wider context of “plugging the analogue hole”). As I replied to a commenter on the Georgia Tech story:

    It won’t be too long (20 years?) before photographic (eidetic) memory and computers start to overlap (or even interface), to some extent, even if it’s only a refinement of something like the Sensecam. What’s going to happen then? If I can ‘print out’ anything I’ve ever seen, on a whim, why will I worry about what anyone else thinks?

    BBC report on Gowers Report reads like a press release

    They’ve got quotes from the BPI, AIM, FACT and the Alliance Against IP Theft, but nothing from the Open Rights Group or anyone else offering any counter-view. I wonder why, and I wonder if the BBC will update or alter the article at any point. Newssniffer’s Revisionista will let us know.

    Still, I can rest easy in my bed tonight knowing that those vicious pirates will be facing a tough legal crackdown to stop them copying data. Apparently, it’s also possible to legislate that pi=3.

    Uninnovate – engineering products to do less

    Uninnovate.com
    Image from uninnovate.com

    I’ve just come across a very interesting new blog, uninnovate.com, which focuses on the phenomenon of “engineering expensive features into a product for which there is no market demand in order to make the product do less.” The first few posts tackle ‘Three legends of uninnovation‘ (the iPod’s copy restrictions, Sony’s mp3-less Walkman, and Verizon’s rent-seeking on Bluetooth features), Microsoft’s priorities (patching DRM flaws vs. security flaws that actually damage users), Amazon’s absurd new Unbox ‘service’ and ‘Trusted’ computing for mobile phones. The perspective is refreshingly clear: no customer woke up wanting these ‘features’, yet companies direct vast efforts towards developing them.

    In a sense the ‘uninnovation’ concept is a similar idea to a large proportion of the architectures of control in products I’ve been examining on this site over the last year, especially DRM and DRM-related lock-ins, though with a slightly different emphasis: I’ve chosen to look at it all from a ‘control’ point of view (features are being designed in – or out – with the express intention of manipulating and restricting users’ behaviour, usually for commercial ends, but also political or social).

    Uninnovate looks to be a great blog to watch – not sure who’s behind it, but the analysis is spot-on and the examples lucidly explained.