Hi Conley,

Let me begin by saying that I should be asleep in this hostel in 
Argentina, but I found myself compelled to reply.  I mean that in the best 
way possible. (-:

        Question: Is it better to abide by the rules until they're changed
        or help speed the change by breaking them?

On Fri, 1 Aug 2008, Clifford Conley Owens III wrote:

> I hear a lot of people in this organization speak very highly of civil
> disobedience, and it seems like some of us are just waiting for an
> opportunity to justify breaking the law and sticking it to "the man."  I
> suppose I could right a very long-winded article on why I think civil
> disobedience is a bad idea, but I'm not much of a writer, so I'll just
> say a few things that come to mind.

I'm glad to have that discussion.

> One example that often comes up is piracy, but I feel that that helps
> out the mpaa/riaa far more than just boycotting it all together.  I
> suppose most of you don't know this, but I used to be on the far other
> side of this discussion (about copyright/culture).

Some of you who have met me know that I used to be a staunch copyright 
supporter.  Most of you probably don't.  (Lately, as I meet a lot more 
people in the Free World, I wonder what they think "makes me tick.") 
Conley's exposition of a transition away from "Piracy is SO OBVIOUSLY 
WRONG" to "Yay Free Softare and Free Cultural Works!" is like looking into 
a mirror.

> I remember arguing about copyright and piracy with someone in a 
> philosophy class in high school (and imagine me talking like a 
> 16-year-old version of Dan Glickman).  I thought that everyone who 
> disagreed with me was being immature.  How ironic that over four years 
> later I became a grad student

Oh, you're a grad student!  No wonder you have so much time for Free Game 
playing.

Wait, what!? (-;

> and the person I was arguing with was one of my first chapter members. 
> But the thing is, I *still* think that all the people in the room who 
> disagreed were being immature!  It wasn't until I discovered 
> *constructive* solutions like the FSF and CC that I really changed my 
> mind about things.

Conley, I agree with you that giving the massive media industries free 
promotion is pretty problematic for a migration toward a Free Culture. 
You're not alone in that regard.

One of the points I think lost in Nelson's many long and important words 
about the Diebold funtime is this: the students sharing the memos could 
*not* have known about issues like what came up in a different memo leak 
case: Diebold illegally installing uncertified versions of their software 
on California's machine 
<http://importance.corante.com/archives/003325.html>.

Sharing the memos allowed searches for that sort of problem, and no 
substitute for the whole archive could suffice for that.

But of course, Nelson stands by what the EFF went to court to win: the 
idea that sharing these memos was not a violation of copyright.  It was 
always the separate "Why war?" group that called it Electronic Civil 
Disobedience.

Students for Free Culture has always prided itself on being a "big tent" 
organization; there has been stress between factions with more or less 
radical bents, but I've always been really happy to see all the different 
sides meet up here.

But to quickly summarize my perspective: In 2003 I got involved in OPG v. 
Diebold, and in 2004 I saw Students for Free Culture begin.  I have long 
leaned on the side of being a goodie-two-shoes, often to my chagrin.  But 
for the most of that really important 2003-2004 year, the LILO bootloader 
on my laptop would pose me this question:

        Question: Is it better to abide by the rules until they're changed
        or help speed the change by breaking them?

If I didn't think the question was interesting, I would have cycled 
it out for another random quote.

The next year, I read Lessig's _Free Culture_, which helped teach me that 
law, architecture ("technology"), and norms are part of an interesting, 
mutually-interacting system.  If anyone on the list hasn't given it a 
read, I recommend it.

As you know, sometimes the rules aren't clear.  The culture around what 
constitutes illegal or bad (just to name two terms that might be used) 
copying changes over time, and as people in society, we can contribute to 
setting those norms.  Lessig's _Free Culture_ lists a few times that 
people tried to set those norms not by "civil disobedience" but just by 
doing what they wanted and letting the law follow.

Anyway, I must be one of those crazy people with nothing to do but write 
email.  I had better stop.

-- Asheesh.

-- 
Call on God, but row away from the rocks.
                -- Indian proverb
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