Wikipedia in theory (Marxist edition)

The zeroeth law of Wikipedia states: “The problem with Wikipedia is that it only works in practice. In theory, it can never work.”

That’s largely true of the kinds of theory that are most closely related to the hacker-centric early Wikipedia community: analytical philosophy, epistemology, and other offshoots of positive philosophy–the kinds of theory most closely related to the cultures of math and science.  (See my earlier post on “Wikipedia in theory“.)  But there’s another body of theory in which Wikipedia’s success can make a lot of sense: Marxism and its successors (“critical theory”, or simply “Theory”).

A fantastic post on Greg Allen’s Daddy Types blog, “The Triumph of the Crayolatariat“, reminded me (indirectly) of how powerful Marxist concepts can be for understanding Wikipedia and the free software and free culture movements more broadly.

It’s a core principle of post-industrial political economy that knowledge is not just a product created by economic and cultural activity, but a key part of the means of production (i.e., cultural capital).  Software, patentable ideas, and copyrighted content of all sorts are the basis for a wide variety of production.  Software is used to create more software as well as visual art, fiction, music, scientific knowledge, journalism, etc.  (See “Copyleft vs. Copyright: A Marxist Critique“, Johan Söderberg, First Monday.) And all those things are inputs into the production of new cultural products.  The idea of “remix culture” that Larry Lessig has been promoting recently emphasizes that in the digital realm, there’s no clear distinction between cultural products and means of cultural production; art builds on art.  (Lessig, however, has resisted associations between the Creative Commons cultural agenda and the Marxist tradition, an attitude that has brought attacks from the left, e.g., the Libre Society.)

Modern intellectual property regimes are designed to turn non-material means of production into things that can be owned.  And the free software and free culture movements are about collective ownership of those means of production.

Also implicit in the free culture movement’s celebration of participatory culture and user-generated content (see my post on “LOLcats as Soulcraft“) is the set of arguments advanced by later theorists about the commodification of culture.  A society that consumes the products of a culture industry is very different from one in which produces and consumers of cultural content are the same people–even if the cultural content created was the same (which of course would not be the case).

What can a Marxist viewpoint tell us about where Wikimedia and free culture can or should go from here? One possibility is online “social networking”.  The Wikimedia community, and until recently even the free software movement, hasn’t paid much attention to social networking or offered serious competition to the proprietary sites like Facebook, MySpace, Twitter, etc.  But if current agenda is about providing access to digital cultural capital (i.e., knowledge and other intellectual works), the next logical step is to provide freer, more egalitarian access to social capital as well.    Facebook, MySpace and other services do this to some extent, but they are structured as vehicles for advertising and the furtherance of consumer culture, and in fact are more focused on commoditizing the social capital users bring into the system than helping users generate new social capital.  (Thus, many people have noted that “social networking sites” is a misnomer for most of those services, since they are really about reinforcing existing social networks,  not creating new connections.)

The Wikimedia community, in particular, has taken a dim view of anything that smacks of mere social networking (or worse, MMORPGs), as if cultural capital is important but social capital is not.  But from a Marxist perspective, it’s easier to see how intertwined the two are and how both are necessary to maintain a healthy free culture ecosystem.

Wikimedia and the rest of the free culture community, then, ought to get serious about supporting OpenMicroBlogging (the identi.ca protocol) and other existing alternatives to proprietary social networking and culture sites, and even perhaps starting a competitor to MySpace and Facebook.  (See some of the proposals I’m supporting on Wikimedia Strategic Planning wiki in this vein.)

Database right and the NPG threat

The National Portrait Gallery’s legal threat against Wikimedian Derrick Coetzee alleges four things:

  1. Copyright infringement
  2. Database right infringement
  3. Unlawful circumvention of technical measures
  4. Breach of contract

The copyright issue, of course, is the center of the dispute. UK law is unsettled on whether mechanical reproduction of a public domain work is eligible for copyright.

IANAL, but breach of contract and unlawful circumvention both seem moot if there is no copyright infringement. A bit of text at the bottom of page (with no mechanism for the user to acknowledge or refuse) setting restrictive use terms for something that is public domain wouldn’t hold much weight. Likewise, even apart from the fact that Zoomify is not a security measure and arguably was not “circumvented”, if the images are public domain then simply collecting and stitching together tiles from those images (whether automatically or by hand) is perfectly legitimate.

Database right, therefore, is the only thing does not turn on whether ‘sweat of the brow’ copyrights hold up. The law here seems vague, but again, IANAL. The key question is what constitutes a “substantial part” of the contents of the NPG’s database. If the paintings themselves are public domain, then the mere unorganized collection of them ought not infringe on the database right, but depending on how much metadata and categorization comes from the same database, porting images to Wikimedia Commons might cross the line. For the images at hand, it looks like the amount of metadata is modest: subject, author, date, and author’s date of death. The NPG database contains significantly more information: medium, size, provenance, and other contextual information, as well as links to related works and people. It is also possible that Coetzee’s actions fall under the “exceptions to database right“:

(1) Database right in a database which has been made available to the public in any manner is not infringed by fair dealing with a substantial part of its contents if –

Self-preservation and the National Portrait Gallery’s dispute with the Wikimedia community

Running an organization is difficult in and of itself, no matter what its goals. Every transaction it undertakes–every contract, every agreement, every meeting–requires it to expend some limited resource: time, attention, or money. Because of these transaction costs, some sources of value are too costly to take advantage of. As a result, no institution can put all its energies into pursuing its mission; it must expend considerable effort on maintaining discipline and structure, simply to keep itself viable. Self-preservation of the institution becomes job number one, while its stated goal is relegated to job number two or lower, no matter what the mission statement says. The problems inherent in managing these transaction costs are one of the basic constraints shaping institutions of all kinds.

From: Clay Shirky, Here Comes Everybody: The Power of Organizing Without Organizations, pp. 29-30 (my emphasis)

Shirky’s book is about “organizing without organizations”, a key example of which is the Wikimedia community (as distinct from the Wikimedia Foundation). The Wikimedia community can accomplish a lot of big projects–making knowledge and information and cultural heritage accessible and free–that traditional organizations would find far too expensive. And that paragraph from Shirky explains the root of the tension between the Wikimedia community and many traditional organizations with seemingly compatible goals–organizations such as the National Portrait Gallery in London, which sent a legal threat to Wikimedian Derrick Coetzee this week.

The NPG has a laudable mission and aims: “to promote through the medium of portraits the appreciation and understanding of the men and women who have made and are making British history and culture, and … to promote the appreciation and understanding of portraiture in all media”, and “to bring history to life through its extensive display, exhibition, research, learning, outreach, publishing and digital programmes.”

But in pursuing self-preservation first and foremost, the gallery asks a high price for its services of digitizing and making available the works it keeps: to fund the digitization of its collections and other institutional activities, the NPG would claim copyright on all the digital records it produces and prevent access to others who would make free digital copies. As one Wikipedian put it, the NPG is “trying to ‘Dred Scott‘ works already escaped into PD ‘back south’ into Copyright Protected dominion”.

If the choice is between a) waiting to digitize these public domain works until costs are lower or more funding is available, or b) diminishing the public domain and emboldening others who would do the same, then I’ll choose to wait.

Biology Today, the ’70s textbook that would have made me a biologist

A few weeks ago, thanks to the blog A Journey Round My Skull (via Crooked Timber), I discovered Biology Today, an amazing college biology textbook from 1972. You can get the basics from the Wikipedia article I put together: [[Biology Today]]. But there’s a lot more to it than what I could put into a Wikipedia article without running afoul of the “no original research” policy–and a lot more than I can fit into a blog post. The reviewer of a bowdlerized later edition got it right: “The true story of the development of Biology Today would make an interesting book in itself.”

The text of Biology Today was apparently assembled from the work of a long list of “contributing consultants”. The list is star-studded, including James D. Watson and six other Nobel laureates (as well as Michael Crichton). The list–and the text–is dominated by molecular biology, which was reaching perhaps its cultural acme in the early 1970s.

A Journey Round My Skull has collected on Flickr many (but far from all) of the interesting and unusual “artist’s interpretations” and other images that make Biology Today such a magnificent artifact. Many of the diagrams are outstanding both aesthetically and conceptually.

The most lavish interleaf illustration is supposed to depict the “central dogma” of molecular biology with a three-panel view into the holy of holies, the DNA-filled nucleus, and a two-panel view of nucleic acids making their way into the cytoplasm and translating genetic information into proteins:

Biology Today nucleus

Biology Today cell interior

Molecular biologists, by the 1970s, thought of themselves not only as the future of science, but of culture more generally. Many adopted the scientific humanism that had been championed by the previous generation of public biologists like Julian Huxley, although the mechanistic and cybernetic worldview of molecular biology, rather than the neo-Darwinism of Huxley and his allies, was their gospel. For intellectually- and sexually liberated biologists (like Watson), anthropology and sexology displaced parochial religious ideas, and science had nothing to offer religionists but contempt or pity. Behold Noah’s Ark, from the chapter on “Human Sexual Behavior”:

Biology Today Noah's Ark

Evolution’s role in this textook is a curious one. The only well-known figure who can be considered primarily an evolutionary biologist is Richard Lewontin, a pioneer of molecular evolution and a frequent critic of adaptationism, sociobiology, and much of mainstream evolutionary theory in the 1960s and 1970s. The chapter on population genetics, which introduces the mechanisms of evolution (and doesn’t come until page 672!) looks like it was written by Lewontin; it treats, in turn, “genetic equilibrium”, “genetic drift”, “mutation”, “selection”, and “multiple factors”, with no particular emphasis on natural selection. Of course, whether one was a follower of the selection-centric modern evolutionary synthesis or not, Darwin was (and still is) the patron saint of biology:

But in Biology Today, veneration of nature, of the scientific life, and of humanity trumped veneration of Darwin. In the lyrical ten-page illustrated preface from biochemist Albert Szent-Györgyi, there is a passage (one of many) that could never be found in a mainstream biology textbook today, when creationists have turned their energies (in the form of Intelligent Design) to molecular biology, rather than the organismal evolutionary biology that earlier generations of creationists (and evolutionists) focused on. Working his way up through the levels of biological complexity, Szent-Györgyi makes his way to the mind:

“I do not think that the extremely complex speech center of the human brain, involving a network formed by thousands of nerve cells and fibers, was created by random mutations that happened to improve the chances of survival of individuals. I must believe that man built a speech center when he had something to say, and he developed the structure of this center to higher complexity as he had more to say. I cannot accept the notion that this capacity arose through random alterations, relying on the survival of the fittest. I believe that some principle must have guided the development toward the kind of speech center that was needed.”

For both cultural and scientific reasons, that’s not something you would catch many biologists saying today.

Stanley Fish’s take on science vs. religion

Stanley Fish has a really eloquent column, “God Talk, Part 2“. Nominally about “science vs. religion”, it also speaks to why Wikipedia works and why even for partisans (in politics, in fighting popular pseudoscience or religionism, etc.), really embracing neutral point of view is more effective as a rhetorical strategy than shutting out the views one opposes.

One good bit:

So to sum up, the epistemological critique of religion — it is an inferior way of knowing — is the flip side of a naïve and untenable positivism. And the critique of religion’s content — it’s cotton-candy fluff — is the product of incredible ignorance.

As Fish’s own worldview should make clear, none of this should be taken as a defense of (any particular) religion or a rejection of science. But theological, philosophical and historical arguments have done far more to erode religious authority than scientific ones ever did. The ‘rally the faithful’ approach of Christopher Hitchens and Richard Dawkins does more harm than good.

[thanks @jayrosen_nyu on Twitter for the link]

Rethinking Wikinews

Digital opinion-makers across the blogosphere and the twitterscape been increasingly preoccupied with the rapid decline of the print news industry. Revenues from print circulation and print advertising have both shrunk dramatically, and internet advertising revenues have so far been able to replace only a fraction of that. Newspapers throughout the U.S. are downsizing, some are switching to online-only, and some are simply being shuttered. The question is, what, if anything, will pick up the journalistic slack. (Clay Shirky’s essay, “Newspapers and Thinking the Unthinkable“, is the best thing I’ve seen in this vein, although I would be remiss if I didn’t mention some contrasting viewpoints, such as Dave Winer’s “If you don’t like the news…” and Jason Pontin’s response to Shirky and Winer, “How to Save Media“.)

On its face, Wikinews seems an ideal project to pick up some of that slack. Collaborative software + citizen journalism + brand and community links to Wikipedia…it seems like a formula for success, and yet Wikinews remains a minor project. There are typically only 10 -20 stories per day, most of which are simply summaries of newspaper journalism. Stories with first-hand reporting are published about once every other day, and even many of these rely primarily on the work of professional journalists and have only minor original elements.

Why doesn’t Wikinews have a large, active community? What might a successful Wikinews look like? I have a few ideas.

One reason I write and report for Wikipedia regularly, but only every once in a while for Wikinews, is that writing Wikipedia articles (and writing for the Wikipedia Signpost) feels like being part of something bigger. Everything connects to work that others are doing. I know I’m part of a community working for common goals (more or less). Even if I’m the only contributor to an article, I know there are incoming links to it, that it fits into a broader network. On Wikinews, I can write a story, but it is likely to be one of maybe 20 stories for the day, none of which have much of anything to do with each other.

I went to the Tax Day Tea Party in Hartford, Connecticut with my camera and a notepad. (I put a set of 108 photos on Commons and on Flickr.) Similar protests reportedly took place in about 750 other cities. If there was ever an opportunity for collaborative citizen journalism, this seemed like it. But there was nothing happening on Wikinews, and I didn’t see the point writing a story about one out of hundreds of protests, which wouldn’t even be a legitimate target for a Wikinews callout in the related Wikipedia article.

What I take from this is the importance of organization. Wikinews needs a system for identifying events worth covering before (or while) they happen and recruiting users for specific tasks (e.g., “find out the official police estimate of attendance, photograph and/or record the messages of as many protest signs as possible, and gather some quotes from attendees about why they are protesting”).

My most rewarding experience with Wikinews was a story on the photographic origins of the Obama HOPE poster. It grew out of a comment on the talk page of the poster’s Wikipedia article; the comment appeared while it was on the Main Page as a “Did you know” hook. The lesson here is, in the (alleged) words of Clay Shirky, “go where people are convening online, rather than starting a new place to conveve”. (I think it was unfortunate that Wikinews started as a separate project rather than a “News:” namespace on Wikipedia, but what’s done is done.) There are many places online people gather to discuss and produce news, in addition to Wikipedia; one path to success might be to extend the social boundaries to Wikinews to reach out to existing communities. Although other citizen journalism and special interest communities don’t share the institutional agenda of Wikinews (name, NPOV as a core principle), some members of other communities will be willing to create or adapt their work to be compatible with Wikinews’ requirements. And certain communities actually do share a commitment to neutrality, which raises the possibility of syndication arrangements (in which, e.g., original news reports from a library news automatically get added to the Wikinews database as well).

Shirky and others have argued that some kinds of journalism (in particular, investigative journalism) are not possible without assigning or permitting reporters to develop a story in depth over a long period of time–and these may be the most important kinds of journalism for maintaining a healthy democracy. To some extent, alternative finance models (with public donations like National Public Radio or with endowments like The Huffington Post ) may be filling some of the void left by shrinking newpaper staffs, but it seems unlikely that these models will support anything close to the number of journalists that newspapers do/did.

Wikinews could contribute to investigative journalism in a couple of ways. The simplest is something similar to what Talking Points Memo does–crowdsourcing the analysis of voluminous public documents to identify interesting potential stories. However, as Aaron Swartz recently argued, there are serious limits to what can be gleaned from public documents; as he says, “Transparency is Bunk“.

Another way would be to either fund a core of professionals or collaborate with investigative journalists who work for other non-profits. These professional journalists would–to the extent that it is possible–recruit and manage volunteer Wikinewsies to pursue big stories where the investigative work required is modular enough that part-time amateurs can fruitfully contribute.

In the same vein a professional editor working for Wikinews could be in charge of identifying self-contained reporting opportunities based on geography (e.g., significant political and cultural events) and running an alert system (maybe integrated with the Wikipedia Geonotice system for users who opt in) to let users know what’s happening near them that they could report on. One of the hardest things for a would-be Wikinewsie original reporter is just figuring out what needs covering.

I’m sure there there are a lot of different models for Wikinews that could make it into a successful project. But it’s clear that the current one isn’t working very well.

Laugh-Out-Loud Cats #1090


Laugh-Out-Loud Cats #1090, originally uploaded by Ape Lad. Creative Commons-Attribution-Noncommercial-NoDerivatives 2.0

Yesterday, the new Laugh-Out-Loud Cats Wikipedia article appeared in Did you know (with a freely licensed example that the artist made available specifically for Wikipedia.)

Today, Ape Lad posted this gem. For those unfamiliar with the Laugh-Out-Loud Cats, he provides the following…
“Context: the big one loathes ducks!”

Wikipedia in theory

For the last few days I’ve been stewing about one of the article in the recent Wikipedia-edition of the epistemology journal Episteme. (See the Wikipedia Signpost for summaries of the articles.) I don’t find any of them particularly enlightening, but one just rubs me wrong: K. Brad Wray’s “The Epistemic Cultures of Science and Wikipedia: A Comparison“, which argues that where science has norms that allow reliable knowledge to be produced, Wikipedia has very different norms that mean Wikipedia can’t produce reliable knowledge.

I guess it’s really just another proof of the zeroeth law of Wikipedia: “The problem with Wikipedia is that it only works in practice. In theory, it can never work.”

Part of my problem might be that last year I blogged a comparison between Wikipedia’s epistemological methods and those of the scientific community, but came to the opposite conclusion, that in broad strokes they are actually very similar. But more than that, I think Wray’s analysis badly misrepresents both the way science works and the way Wikipedia works.

A central piece of Wray’s argument is scientists depend on their reputations as producers of reliable knowledge for their livelihoods and careers, and so their self-interest aligns with the broader institutional interests of science. This is in contrast to Wikipedia, where mistakes have little or no consequences for their authors and where a “puckish culture”, prone to jokes and vandalism, prevails. Wray writes that “In science there is no room for jokes” such as the Seigenthaler incident.

The idea that scientists are above putting jokes and pranks into their published work is belied by historical and social studies of science and by many scientific memoirs as well. James D. Watson’s Genes, Girls, and Gamow is the first thing that comes to mind, but there are many examples I could use to make that point. And science worked much the same way, epistemologically, long before it was a paid profession and scientists’ livelihoods depended on their scientific reputations. (I don’t want to over-generalize here, but some of the main features of the social epistemology of science go back to the 17th century, at least. See Steve Shapin’s work, which is pretty much all focused, at least tangentially, on exploring the roots and development the social epistemology of science.)

Likewise, the idea that Wikipedia’s norms and community practices can’t be effective without more serious consequences for mistakes seems to me a wrong-headed way of looking at things. On Wikipedia, as in science, there are people who violoate community norms, and certainly personal consequences for such violations are less on Wikipedia than for working scientists. But for the most part, propagating and enforcing community norms is a social process that works even in the absence of dire consequences. And of course, just as in science, those who consistently violate Wikipedia’s norms are excluded from the community, and their shoddy work expunged.

For a more perceptive academic exploration of why Wikipedia does work, see Ryan McGrady’s “Gaming against the greater good” in the new edition of First Monday.

The Obama poster goes to court

Comparison of obama photos to Fairey poster
Comparison of obama photos to Fairey poster

Maybe I’m weird, but I’m really excited about the prospect of high profile copyright/fair use litigation. As the New York Times reports, the Associated Press sued street artist Shepard Fairey over the Obama “Hope” poster, which was based on a shot by former A.P. freelance photographer Mannie Garcia.

A few weeks ago, I started the Wikipedia article on the poster. It ended up on the Main Page for “Did you know?” on inauguration day, and while it was there another editor, Dforest, pointed me to something very interesting: this Flickr photo by stevesimula (shown above). When I wrote the article, it was thought (and reported) that the lower shot (a Reuters photo by Jim Young) was the basis for Fairey’s poster. But stevesimula had convincingly demonstrated the true source, which apparently was known only to Fairey (and probably some of his crew), some of the Obama people, and whatever isolated netizens might have noticed. (I investigated some rumors that an art forum had found it months earlier, but couldn’t verify that.)

This was getting interesting, but beyond what was allowed on Wikipedia without violating the ban on Original Research. Long story short, I started a Wikinews article on the photo source, and a tip from Dforest and me (that the photo was from A.P., which we found with TinEye.com) led photographer Tom Gralish to find a copy of the original that included metadata, identifying the photographer. If we’d just been a little smarter, we might have beaten Gralish to the punch and broken a story of national import.

Now A.P. has sued Fairey (who didn’t profit directly from Obama poster sales, but no doubt has seen a huge surge in interest in his other for-profit work) for violating its copyright. Fairey, assisted by a Stanford law proffesor among others, is suing back, seeking a declaratory judgment that the poster is fair use. To make it even better, Mannie Garcia claims he actually owns the copyright, because of the terms of his A.P. contract.

I’m a big supporter of fair use, but this is an interesting case of pushing the boundaries. The main reason I’m ambivalent is the way Fairey handled it… he originally appropriated the image with no attempt at crediting Garcia. Fairey has obviously benefitted tremendously (if not directly, in terms of profit) from the image, but has also dramatically increased the value of the original. His work is also essentially a political statement, something fair use is supposed to protect and allow. But the hybrid nature of Fairey’s commercial street art (controversial even within the street art scene) complicates things. Either you’re doing this essentially anti-authoritarian street art that is based on grafitti culture, or you’re running an art business. If it’s the former, go ahead and break the rules you disagree with or don’t care about, but don’t expect to be making the big bucks mass-producing and selling your designs. If it’s the latter, you should at least have the decency to credit other artists whose work you use for your own.

I’m really rooting for Garcia, here. From all the snippets I’ve read, he seems gracious and thoughtful. From the Times:

“I don’t condone people taking things, just because they can, off the Internet,” Mr. Garcia said. “But in this case I think it’s a very unique situation.”

He added, “If you put all the legal stuff away, I’m so proud of the photograph and that Fairey did what he did artistically with it, and the effect it’s had.”

But I’m also rooting for Fairey, or at least for the entrenchment of liberal fair use rights.

Can you copyright a bonsai?

Besides Wikipedia, my main hobbies are bonsai and photography. Sometimes I combine all three, taking pictures of bonsai and uploading them to Wikimedia Commons. So the question I have is, does styling a bonsai create a copyright? Can I take a photo of someone’s tree and do what I want with it (e.g., license it freely on Commons), or do I need the owner’s permission?

At first blush, the answer would seem to be yes, bonsai is eligible for copyright. It is a form of visual art, often compared to sculpture. A good bonsai is distinctive, demonstrating the creative vision of the artist who made it.

On the other hand, it is a living thing, and a core principle of bonsai is that it is never finished and always subject to change; according the U.S. Copyright Office, “Copyright protection subsists from the time the work is created in fixed form.” What is meant by fixed form? A bonsai’s form is never truly fixed (in the same way that one’s face is never fixed but develops over time), but (like a face) a well-styled bonsai may be recognizable in the same general form over the course of decades, or even centuries. That’s more than can be said of many traditional works of art, which for some media may deteriorate beyond recognition in just 10 or 20 years. But bonsai typically evolved to a roughly “final” form over the course of many years. When, during this process, is a copyright created? If photograph a bonsai one year and it’s very different the next, I essentially took a snapshot of something that was not at the time in a fixed form. But if I take a picture one year and the bonsai is basically the same the next, does that mean it was copyrighted? Does keeping a bonsai as it lives and grows generate a continual series of copyrights, such that the centuries-old trees that get handed down from generation to generation can never go out of copyright as long as they are alive?

For my part, I’ve assumed that bonsai are not eligible for copyright. Mainly, I do this because there is no tradition within the bonsai community of claiming copyright for bonsai, only for particularly (fixed) pictures of them. If anyone has a more definitive answer, or informed thoughts on the matter, please let me know.