shows #111 and 112 — Profs. Bobbi Kwall, Danielle Citron and Frank Pasquale — posted

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I have been woefully delinquent in posting these two new shows, as this year has been insanely busy (the major items: I had a couple of conferences with papers, taught two courses that I had not taught in a few years, bought a house and continued to be a dad to two wonderful young boys and a husband to a wonderful wife). So, while these shows are available on iTunes, I have been late posting them here. My apologies.

Show # 111, April 28 (!) is my interview with Prof. Bobbi Kwall of DePaul College of Law, author of The Soul of Creativity. Bobbi has written an insightful analysis of what is best called the moral rights position of copyright law. In her book, she analyzes this perspective from a variety of angles, from traditional copyright to religious studies. Bobbi is one of the leading copyright scholars in the country and I was thrilled to have her back on the show to discuss her fascinating work.

Show #112, May 19 is my interview with Profs. Danielle Citron of University of Maryland School of Law and Frank Pasquale of Seton Hall School of Law discussing Fusion Centers. Fusion Centers are an unusual and relatively new law enforcement vehicle where state and local authorities can investigate a variety of illegal activities, from terrorism to insurance fraud, by datamining information provided by the public and private sectors. If this sounds concerning, it is; and Danielle and Frank are the two leading scholars analyzing Fusion Centers. I am a huge admirer of both of their work so I hope that you find the interview educational and enjoyable (if not unnerving).

New shows will commence June 30, so please check the schedule to see the upcoming guests! I will be finalizing the schedule in the later part of June. Thanks much, and look for my interview with Prof. Ken Wark of Eugene Lang College at The New School soon!

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Spring 2010 Schedule Posted

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here! I’m very excited at this quarter’s range of guests, and, as always, welcome suggestions on future guests. Please email me at dave@hearsayculture.com.

I look forward to beginning the discussion anew on April 21!

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show #110 — Prof. Manuel Castells — posted

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I am very pleased to post Show #110, March 10, my interview with Prof. Manuel Castells of the University of Southern California — Annenberg School of Communication, author of Communication Power. Manuel’s work is widely known for its prescience and insight and, given the focus of the show, I was thrilled and honored to have him on the show to discuss his newest book. In the interview, we discussed the nature of communication in light of the power relationships that exist in new media. Among other topics, we discussed efforts to regulate the Internet, where power lies on the Internet, and how individuals garner and wield power on the Internet. I greatly enjoyed the interview and hope that you do as well!

Because of KZSU’s interim period, new shows will begin airing again on Wednesday, April 14. I am in the process of putting together next quarter’s schedule (as always, I welcome suggestions sent to me at dave@hearsayculture.com) and plan to post it by the end of the month. Stay tuned and I’ll talk to you again next month!

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show #109 — Prof. Chris Kelty — posted (with explanation)

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It has been a busy few months! I am delinquent posting Show #109, February 17, my interview with Prof. Christopher Kelty of the University of California Los Angeles, author of Two Bits: The Cultural Significance of Free Software. For that I apologize, but, as consolation and explanation, I have writing to show for it, as I continue to wage war on the inappropriate use of trade secrecy in a variety of contexts (I welcome comments on the draft posted on MSU’s site, whose conference I’m honored to be attending). While I’m at it, I should add that I’ll be moderating a panel on IP and the Internet at FutureWeb 2010 in Raleigh, North Carolina on April 29, 2010. I’ve put together a great panel so I hope that you can make it!

Now that I’ve offered some explanation for my tardiness, on to my interview with Chris. Chris was a great guest, focusing on what we can learn from the free software movement beyond its mere revolutionary use in the technology context. Chris’ writing on this topic is startling for its breadth, and we were able to extend its application well beyond the technological sector. I was thrilled to have Chris on the show and hope that you enjoy the interview!

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shows #106, 107 and 108 — Tarleton Gillespie, Derek Bambauer and Oliver Day, and Kazys Varnelis — posted

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I am pleased to post the first three shows of the new quarter. The first, Show #106, January 13, 2010, is my interview with Prof. Tarleton Gillespie of Cornell University, author of Wired Shut. Tarleton and I discussed the status of copyright law with a focus on how encryption and similar efforts skew our understanding of what we can and cannot contribute to culture. Tarleton’s book is an important contribution to our understanding of this shift, and I greatly enjoyed the conversation.

Show #107, January 20, is my interview with Prof. Derek Bambauer of Brooklyn Law School and Oliver Day of Harvard Law School’s Berkman Center for Internet and Society discussing The Hacker’s Aegis: Protecting Software Security Research Against Intellectual Property. I chatted with Derek and Oliver about how the law can better handle the fine distinctions between security research that has positive and/or negative intentions and outcomes. Derek and Oliver have written a nuanced article that was a lot of fun to explore.

Finally, Show #108, January 27, is my interview with Kazys Varnelis of Columbia University, author of Networked Publics. Kazys does fascinating work analyzing networks from his perspective as an architect/sociologist. I was thrilled to have him on the show to discuss his critique of our network architecture, and greatly enjoyed our conversation.

Scheduling note: there will be new Hearsay Culture shows beginning February 17. Enjoy these shows and I’ll talk to you again in a few weeks!

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shows 104 and 105 — profs. james grimmelmann and wendy chun — posted

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I am pleased to post the last two shows for the fall quarter. The first, Show #104, November 25, is my interview with Google Book Search (GBS) guru Prof. James Grimmelmann of New York Law School. James, a repeat guest, has become the go-to person on all things GBS. We spent our time discussing the current status of the GBS settlement talks and some of the challenging issues in and implications of the proposed settlement. James is a prolific writer and scholar and his insights are always forward-thinking and unique. He’s also a fun guest to interview; that’s the main reason why I greatly enjoyed our conversation.

Show #105, December 2 is my interview with Prof. Wendy Hui Kyong Chun of Brown University, author of Control and Freedom: Power and Paranoia in the Age of Fiber Optics. Wendy’s work, both theoretical and practical, examines the impact of technology on how people view and relate to each other, as well as how people attempt to harness the power of social media and the Internet. With a background in both technology and the arts, Wendy’s perspective on these issues is deep and thoughtful. I hope that you enjoy our discussion as much as I did!

Hearsay Culture will be on hiatus during KZSU-FM’s interim period (when I’ll be grading exams and doing some writing of my own). Please look for new shows beginning on January 13, 2010. Enjoy the holidays and new year, and we’ll be chatting in the new year!

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shows #102 and 103 — profs. geert lovink and alexander halavais — posted

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I am pleased to post two more shows for this quarter, just in time for United States listeners to sit and digest leftover turkey. Both shows focus on communications theory and policy, but with reference to different tools. The first show, Show #102, November 11 is my interview with Prof. Geert Lovink of the Amsterdam University of Applied Sciences, author of Zero Comments and co-editor of Open 13. Geert is an impressive, insightful and prolific media critic whose writing I have long admired. In our discussion, we focus on the world of blogging and social media. Specifically, we discuss Geert’s views regarding the hierarchies within media and the received wisdom of Web 2.0, and how blogs and social media are used to advance (or not advance) our individual knowledge. Geert’s unique insights were fascinating to explore and I was thrilled to chat with him!

The second show, Show #103, November 18 is my interview with Prof. Alexander Halavais of Quinnipiac University, author of Search Engine Society. Alex has written a comprehensive critique of the major ways that search engines impact our on- and off-line lives. Although a book difficult to write without focusing on Google, Alex did an admirable job writing about and discussing these issues from a broader perspective. We discussed several social and regulatory aspects of search and I greatly enjoyed the discussion, as I hope that you do!

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shows #100 and 101 — William Patry and Larry Downes — posted

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I am thrilled to post shows #100 and 101! After over three years of shows, a few thank yous are appropriate. While I get into an Oscar-type thank you speech on show #100, I thank my friends at KZSU-FM (especially Mark Lawrence and Kathryn Todd, as well as numerous DJs) and Stanford Law School (especially former Center for Internet and Society colleagues Lauren Gelman, Jennifer Granick and Larry Lessig, as well as Mark Lemley and Joe Neto) for their early, continuing and ongoing support! Of course, the show would not be what it is without great guests, and I thank all 101! Lastly, thanks much to my wonderful wife Heidi, who has been my staunchest supporter and friend, and without whom I would be far the poorer.

Show #100, October 28 is my interview with William Patry, Esq., Senior Copyright Counsel at Google, author of Moral Panics and the Copyright Wars. Bill has written a thorough and descriptive overview of the state of the battle over the contours of copyright. In the interview, we discuss his personal interactions with Jack Valenti, as well as his critique of the nature of language in the efforts to frame the issues from all sides. While we do not discuss the status of the book search settlement negotiations, we cover plenty of fertile ground and I greatly enjoyed his insights and our discussion (hopefully Bill will come back on after the settlement is complete!)

Show #101, November 4 is my interview with repeat guest Larry Downes, author of The Laws of Disruption. Larry’s book, written for a broad audience, shows how technology has outpaced law in a variety of areas. We discuss a wide range of topics in furtherance of understanding how we might react to various changes in technology and society. Larry’s book is eminently readable and I greatly enjoyed the show and discussion!

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Shows #98 and 99 — Prof. Jacqui Lipton, Prof. Elizabeth Townsend-Gard and Justin Levy — posted and show #100 — William Patry, Esq. — coming!

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I am pleased to post two more new shows. The first is Show # 98, October 14, my interview with Prof. Jacqui Lipton of Case Western Reserve University School of Law. Jacqui is writing a book, Global Real Property: Internet Domain Names, Trademark and Free Speech, examining the intricacies of trademark domain name disputes. These disputes take a number of forms, and have a variety of permutations that require consideration. In the discussion, we dissect these different disputes and discuss how they can best be handled, while examining the role of domain names in the operations of the Internet. I hope that you enjoy the interview!

The second show, Show #99, October 21, is my interview with Prof. Elizabeth Townsend Gard and Justin Levy of Tulane University Law School, creators of the forthcoming Durationator. Anyone who is familiar with copyright law knows how difficult it can be to determine whether a work is copyright protected or not. The Durationator is designed to solve that problem by offering a tool that allows one to find out an answer to that basic, but extremely difficult, question for any work of authorship. In the interview, we discuss the genesis and purpose of the project, and the future of copyright on a going forward basis. The Durationator is an amazing achievement and I greatly enjoyed the interview!

A significant Hearsay Culture milestone is coming up: Show #100, to air October 28, with guest William Patry, Esq., Senior Copyright Counsel at Google, author of Moral Panics and the Copyright Wars. More to follow, but I’m very excited (and amazed) to have reached this mark and look forward to chatting with Bill!

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Letter in support of FCC’s Open Internet Proceeding

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I signed on to a letter drafted by Profs. Adam Candeub and Brett Frischmann (Brett has been on the show in the past) in support of the FCC’s Notice of Proposed Rulemaking (“NPRM”) regarding protecting the Internet as a free and open network.

As the letter states:

We believe the NPRM is a laudatory next step. First, from a legal perspective, it is the appropriate regulatory mechanism to evaluate the central substantive and procedural issues regarding discrimination, network management, innovation dynamics, transparency, implementation mechanisms, and so forth.

Second, and more generally, it is an appropriate public forum to gather and evaluate competing claims and relevant evidence. The public debate on these issues often is poorly framed and polluted with broad hyperbolic claims lacking theoretical or empirical support. A notice and comment rule making process is a useful forum to sort fact from fiction. The FCC has already launched a website and blog to promote discussion and comment on these important issues. It has also initiated a series of public workshops on questions about broadband deployment. The FCC deserves credit for initiating such open and participatory processes, which this proceeding builds upon.

Third, sound regulatory policy in this area depends critically on expertise from different disciplines. There is a tendency in public debates about regulation to gravitate toward antitrust and regulatory economics, to the exclusion of other factors. There are strong reasons to resist that pull in this debate. The issues being debated are not only legal or economic or technical or social. In the Internet context, the interdependence of legal, economic, technical, and social factors has produced the powerful market and non-market benefits of open infrastructure.

I have significant concerns about the broad range of policy decisions being made regarding public infrastructure without full and real public participation. It is a topic about which I have written and continue to write. The transparency aspects of this proceeding are critical, as too many decisions in the areas of infrastructure and technology have been made without full public involvement; thus, the FCC deserves these accolades. Thanks to Adam and Brett for drafting the letter!

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