Five Years of Keeping Culture Free

Hip-hip-hooray for Creative Commons on its fifth birthday today! Thanks to Larry, Joichi, and all the heroes of a free culture who have worked so hard on CC, around the world, for the past half-decade. If you want to help, there’s still time to pitch in: CC is $470,000 of the way toward $500,000 in individual contributions. Click here to be part of that last $30,000.

Born Digital

For the past few years, Urs Gasser and I have been working on a book project together about a phenomenon that we have become obsessed with: how some young people, including our kids, use technologies in ways that are different that what we’ve seen before. The book is called Born Digital (Amazon seems not yet to know of Urs’ involvement; we’ll have to tell them). It’ll be out sometime in 2008, published by the good people at Basic Books.

(We decided to go with Basic Books because it is wonderful and we love the editors, and because they published the most important book in our field, Lawrence Lessig’s Code and Other Laws of Cyberspace and its sequel, Code 2.0. and other classics of the emerging digital literature, like The Cluetrain Manifesto.)

Our goals, among other things, in writing this book are to address and take seriously the concerns of parents and teachers and others perplexed by what’s going on; to highlight the wonderful things that some Digital Natives are up to; to make a series of policy arguments about what we ought to do about this phenomenon; and to set this issue in a global context — as part of the bigger story of globalization.

Two things prompt this blog-post: 1) to answer a persistent question we’ve been hearing from our friends and collaborators; and 2) to engage the assistance of anyone who wants to participate.

As with many overly-ambitious research projects, you start in one place and — you hope, I suppose — end up someplace a bit different that where you expected to get. That’s surely the case for us on this project.

So, first off, the issue. It’s a definitional issue, always an important starting point in a research project. We began this project interested in a distinction that others thought up and have pursued in various way: the difference between “Digital Natives” and “Digital Immigrants.” (There’s an interesting short history, which we track, of the etymology of these terms, a subject for another day.)

We wanted to hone in on what it means to be a Digital Native and what the practices and lives of Digital Natives tell us about our society and about our future. One of the primary struggles we’ve faced is that these two terms alone — Digital Native and Digital Immigrant — are unsatisfactory on their own. They give rise to discomfort on several levels.

One, we’ve heard a few times that the term “Digital Native” carries with it connotations that are not all good, that it’s un-PC. That concern is worth acknowledging and talking through with anyone concerned about it, but given that we think it’s a wonderful thing in most ways to be a Digital Native (or, indeed, native to many other environments, like Boston, my hometown — “I am a Boston native” and am proud of it), I think that’s not a crisis.

The deeper discomfort comes from what is a little math problem:

- Not all people born during a certain period of history (say, after the advent of BBSes) are Digital Natives. Not everyone born today lives a life that is digital in every, or indeed any, way. For starters, only about 1 billion of the 6.7 billion people in the world have regular access to the supposedly “World Wide Web.” In other cases, young people we are meeting choose to have little to do with digital life.

- Not all of the people who have the character traits of Digital Natives are young. The term “Digital Immigrant” doesn’t describe those people either — people like Urs and me, like our colleagues at the Berkman Center who are over a certain age — who live digital lives in as many ways, if not more, than many Digital Natives. Many of us have been here as the whole digital age has come about, and many of our colleagues have participated in making it happen in lots and lots of crucial ways.

We’ve been struggling hard with this problem. One of the benefits of “still writing” this book (we have a full draft, but are far from ready to go to print) and being in the throes of interviews and focus groups is that we are still working on getting it right.

We started out asking whether there is a straight “generational gap” between those Born Digital and those who were not. The point of our research, in the first instance, is to take up these terms Digital Native and Digital Immigrant, and work them over. What I think we’ve found is that age is relevant, but not dispositive. What I think we are describing in our book is a set of traits — having to do with how people interact with information, with one another, and with institutions — that are more likely to be found in those Born Digital, but not certainly so. Many people Born Digital have some but not all of these traits. Many people who were not Born Digital — you (who read this blogpost) and me and Urs and perhaps most Berkmaniacs, to be sure — have these traits and more, more even than most Digital Natives. That’s essential to the puzzle of the book. There is a generational gap, but it’s not purely a generational gap. It’s more complicated.

So, here is a typology which we think emerges from what we’ve learned:

1) those who are Born Digital and also Live Digital = the *Digital Natives* we focus on in this book (to complicate things further: there is a spectrum of what it means to live digitally, with a series of factors to help define where a Digital Native falls on it);

2) those who are Born Digital (i.e., at a moment in history, today) and are *not* Living Digital (and are hence not Digital Natives);

3) those who are not Born Digital but Live Digital = us (for whom we do not have a satisfactory term; perhaps we need one — our colleague David Weinberger suggests “Digital Settlers”);

4) those who are not Born Digital, don’t Live Digital in any substantial way, but are finding their way in a digital world = Digital Immigrants; and,

5) those who weren’t Born Digital and don’t have anything to do with the digital world, whether by choice, reasons of access or cash, and so forth.

There may be more categories, but these are the essential ones. Our book focuses on the first — those Born Digital and who Live Digital lives.  Though it’s not the focus of this particular book, the third category is also deeply relevant to the narrative.

It may well be that there will prove to be a generational divide between those Born Digital and those not Born Digital. What we are focused on here, though, is the particular population — rather than the generation — of those who were both Born Digital and Live Digital, and what their lifestyles and habits and mores mean for the present and the future.

As it often the case, danah boyd says it better than I could in her talk at 4S earlier this fall:

“While I groan whenever the buzzword ‘digital native’ is jockeyed about, I also know that there is salience to this term. It is not a term that demarcates a generation, but a state of experience. The term is referencing those who understand that the world is networked, that cultures exist beyond geographical coordinates, and that mediating technologies allow cultures to flourish in new ways. Digital natives are not invested in ‘life on the screen’ or ‘going virtual’ but on using technology as an artifact that allows them to negotiate culture. In other words, a ‘digital native’ understands that there is no such thing as ‘going online’ but rather, what is important is the way in which people move between geographically-organized interactions and network-organized interactions. To them, it’s all about the networks, even if those networks have coherent geographical boundaries.”

What we seek to describe in this book is an emerging global culture of people relating to information, one another, and institutions in ways that, taken together, has great promise for the future of democracies. Digital Natives — people born digital — give us reason for hope that this global culture could emerge. Some of their behaviors also give reason to worry, at the same time, about things like privacy, safety, information overload, and IP worries. We need to take these problems seriously and get in front of them, without ruining the environment that makes all the wonderful things possible.

In this book, we argue in favor of greater connectivity. That connectivity might be between parents or teachers or lawmakers who don’t live any part of their lives online and our kids who do. That connectivity might be between those in industry who are threatened by what these kids and others (us) are up to online and the culture that we represent. That connectivity might be between technology companies and their users, whose identities they seek otherwise to control. That connectivity might be between those of us in the rich world and those in less rich parts of the world, as GV makes possible. And so forth.

That leads to the request for help, or at least invitation to participate. Our goal is to carry out much of this research and writing in a public way. To that end, we’ve got a wiki at DigitalNative.org where anyone can come and contribute. Much of what we’re reading and learning shows up on this wiki. We’d love to plug our work into the work of others, and learn from what others are learning.

We are lucky to have an amazing team of people at the Berkman Center and the Research Center on Information Law at the University of St. Gallen in Switzerland working with us on this research, too, including the focus groups and interviews we’re conducting. Our work is coming along much better than it otherwise would with the able guidance and critiques of this team at our backs. We are lucky, too, to be able to read the work of many social scientists, cultural anthropologists, neuroscientists, psychologists, teachers, and others — people like Mimi Ito and our colleagues at the Berkman Center, danah boyd, Corinna di Gennaro, Shenja van der Graaf, and Miriam Simun — who understand aspects (or the whole) of the phenomenon we take up here far better than we do. We’d love to have your help, too, in working through these problems online.

Drew Clark: Mind the Minders

Who is watching the FCC? Drew Clark of the Center for Public Integrity is visiting us today at the Berkman Center for our lunch series and other conversations. He’s showing off MediaTracker, a very cool application that gives a detailed description of which companies control media distribution by zip code and who from those companies have given campaign cash to whom. He’s also got a terrific initiative branching toward broadband information. As Doc notes, Drew’s work links in obvious fashion to Lawrence Lessig‘s next 10 years of work on corruption. Glad to know these guys, among other good people (like our friends at the Sunlight Foundation) are on the case.

Cease and Desist from YouTube to TechCrunch

Mike Arrington is reporting that he’s received a cease and desist letter from YouTube. Mike writes: “Buried in my email this evening I found a cease and desist letter from an attorney at Wilson Sonsini Goodrich & Rosati, representing their client YouTube. We’ve been accused of a number of things: violating YouTube’s Terms of Use, of “tortious interference of a business relationship, and in fact, many business relationships,” of committing an “unfair business practice,” and “false advertising.” The attorney goes on to demand that we cease and desist in from engaging in these various actions or face legal remedies.”

The key issue here seems to be the ability to use a Terms of Use to override other rights that the public might have. Lessig has more. At least this one should be a fair fight, if Mike decides to take it on; in addition to his clout and being on the side of the angels, Mike used to work for the firm that sent him the C&D.

Tom Rubin comes to the Berkman Center and Practical Lawyering class

The chief copyright, trademark and trade secret lawyer for Microsoft, Tom Rubin, has been a consistent contributor to our teaching program at the Berkman Center for the past three years. He’s been enormously generous with his time, meeting with Berkman-related students, faculty and fellows over several years. We’ve learned a great deal from Tom and his colleagues, like Ira Rubinstein and Jason Matusow and Annmarie Levins during their respective visits.

One of the topics for class today (Practical Lawyering in Cyberspace at HLS) is what it took for Tom and his colleagues to arrange for Creative Commons licenses to be built into the next release of Microsoft Office. Tom’s leadership was essential to making this integration possible. The importance of this move is that it enables people to apply Creative Commons licenses very simply to Word documents. As Lawrence Lessig put it at the time of the announcement earlier this year, “This is important to us because a huge amount of creative work is created inside the Office platform. Having a simple way to add Creative Commons licenses obviously helps us spread those licenses much more broadly.”

This class, which I’m co-teaching with my colleagues Jeffrey Cunard and Phil Malone, is a ton of fun to participate in — certainly as one of the teachers, anyway. The idea is to use real-world examples of cyberlaw matters as a means of teaching also the procedure, strategy, and tactics that go into the practice of law in this field. Jeff, who is a partner at Debevoise (and in fact the managing partner of their DC office), seems to have worked on every major matter in our field over the past two decades. Phil was one of the lead lawyers who brought the DOJ’s protracted action against Microsoft (and Tom still talks to Phil when they are at Berkman together!). We’ve also has Scott Harshbarger here in class last week to do the HP case and some of the spyware matters from the perspective of a government lawyer. It’s a highly applied means of teaching and not the usual HLS fare, which has good and challenging aspects to it. But fun, to be sure.

Lessig: What YouTube teaches us about Net Neutrality

Lawrence Lessig has an op-ed in the FT today. He uses the YouTube story to make utterly plain why we should care about the outcome of the Net Neutrality debate — competition, access, innovation, creativity, just for starters. He writes:

“YouTube could beat Google because the internet provided a level playing field. The owners of pipes delivering video content to users on the internet did not prefer one service over the other. The owners of pipes simply passed the packets of data to users as the users chose. No doubt Google and YouTube worked to make that content flow as fast as possible by buying caching servers and fast connections. But once it was on the internet, the network owner showed no preference, serving each competitor equally.

“Network owners now want to change this by charging companies different rates to get access to a “premium” internet. YouTube, or blip.tv, would have to pay a special fee for their content to flow efficiently to customers. If they do not pay this special fee, their content would be relegated to the “public” internet – a slower and less reliable network. The network owners would begin to pick which content (and, in principle, applications) would flow quickly and which would not.

“If America lived in a world of real competition among broadband providers, there would be little reason to worry about such deals. But it does not live in that world. …” Read on!

A few new firsts at the Berkman Center

Charlie Nesson and his daughter Rebecca Nesson are hosting the Tuesday lunchtime session at the Berkman Center today.

- One first is that this is the first video webcast lunch event. We’ve regularly webcast these lunches audio-only. This week, with the help of Indigo Tabor, we are offering a live feed with video as well as audio. (The real-time webcast is 12:00 – 1:30 p.m. EDT today, Tuesday, Sept. 12, 2006.) So, too, is it being offered in Second Life, where 24 people are tuning in at the moment from Berkman Island, we’re told.

- The other first (actually, I’m certain there are more than two, since Becca and Charlie are involved) is that the class that they are talking about, Cyberone: Law in the Court of Public Opinion, is being taught IN Second Life, a first for Harvard Law School and Harvard Extension School, anyway. If you haven’t seen the promo video for it yet, it’s a must.

It remains to be seen if these firsts will stick. It remains to be seen if these firsts will lead to other good things, as the establishment of Creative Commons by Prof. Lessig or the first podcast series hosted here by a combination of Dave Winer, Chris Lydon, and Bob Doyle. But it’s fun to be sure. Charlie and Becca keep the Berkman Center young and just a bit hip, and the likes of Rodica, Dean, Gene, and John Lester from Linden Labs keep giving things like these experiments life.

(John Bracken called this first first, way before me, and added more about a Berkeley example.)

Lessig on Interoperability at Wikimania 2006

Lawrence Lessig is giving a rousing lecture right now to a standing-room-only crowd in Ames Courtroom at Harvard Law School. It’s a plenary session of Wikimania 2006. He is in his element. It’s amazing to feel the energy in this room — unconveyable by blog or any other Internet-borne medium, but very very real.

Interoperability, he’s saying, is the key to the story — the Free Culture story — of which Wikipedia is such an illustrative chapter. The instinct to control a platform that you give (or sell) to other people is understandable, but it is also stupid. There needs to be interoperability and free standards that provide the widest range of freedoms for human beings to build upon the platform (sounds a lot like JZ’s Generativity).

We need to remember this lesson as we build a free culture. But we also need to make it possible for this platform to enable people to participate in a free culture. We need also to support the work of the Free Sofware Foundation and work toward free CODECs to allow content to flow across various platforms.

But we need to move past the technical layer, and enable a platform at the legal layer, too, one that protects free culture. The CC movement is an important piece of the story.

Yochai Benkler’s extraordinary book oozes with praise for Wikimedia. You are the central element, the central example, of Yochai’s wonderful argument. It is out of praise for all Wikimaniacs that Larry got on a plane at midnight, he says.

He’s also got a plea for everyone at Wikimania 2006: enable free culture, generally. There are two ways, he says, to do that:

1) Help others to spread the practice with your extraordinary example. There’s a CC/Wikimedia project — PDWiki — to help do this. It will put works in the hands of Canadians in digital form. Beyond demonstrating what you can do with works, it will help to establish what’s in the public domain and what’s not.

2) Demand a user platform for freedom. It came from a conversation with Jimbo Wales; they were drinking awful coffee in Europe. The problem was a lack of interoperability among islands of free cultures. We need interoperability among licenses that are allowing you to do the same thing with the content. We need to support an ecology of different efforts seeking to achieve the same functional outcomes — just as the original web was architected, only this time for cultural works, for content, not for code.

The way it work work is not that CC would have control, but rather that Eben Moglen’s Software Freedom Law Center would be in charge of running the federation of free licenses. The outcome should be that you can say: Derivatives of works under this license can be used under other equivalent licenses.

If we do not solve this problem now, we will face an ecological problem. These islands of free culture will never become anything but silos. We could do good here; we should do good here. Keep practicing the same kind of Wikimaniacal citizenship, he urges, that you’ve practiced to date, and get others to join you.

[Loads of applause.]

* * *

Elsewhere: CNet picks up the event itself as well as a wiki-photo-stream. Artsy, and nice.  And Martin LaMonica has covered Lessig’s talk.
Dan Bricklin, David Isenberg, David Weinberger, Dave Winer, Doc Searls, Mitch Kapor, Wendy Seltzer, Yochai Benkler, many other great people are in the room. An old-home week for Berkman Center.

And what a happy picture this is, taken by Dave (he also has a movie of it): a group posing on the steps of the Old Berkman Center (we’ve just moved across campus).