Showing posts with label intellectual property. Show all posts
Showing posts with label intellectual property. Show all posts

Monday, February 3, 2025

The Economy of Self Ingestion and Digital Replica Management


The self-replicate never sounded so good. 

Senate’s NO FAKES act hopes to make unauthorized “digital replicas” illegal
Aug 2024, Ars Technica

Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act of 2024. [link]

The NO FAKES Act would create legal recourse for people whose digital representations are created without consent. It would hold both individuals and companies liable for producing, hosting, or sharing these unauthorized digital replicas, including those created by generative AI. Due to generative AI technology that has become mainstream in the past two years, creating audio or image media fakes of people has become fairly trivial, with easy photorealistic video replicas likely next to arrive.

To protect a person's digital likeness, the NO FAKES Act introduces a "digital replication right" that gives individuals exclusive control over the use of their voice or visual likeness in digital replicas. This right extends 10 years after death, with possible five-year extensions if actively used. It can be licensed during life and inherited after death, lasting up to 70 years after an individual's death. Along the way, the bill defines what it considers to be a "digital replica":

DIGITAL REPLICA - The term "digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that - (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission - (i) in which the actual individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.


Post Script:
Digital twin method can boost wireless network speed and reliability
Jul 2024, phys.org and written by Matt Shipman the original

"Systems can't put everything in edge caches, and storing too much redundant data on an edge server can slow down the server if the data are using too many computational resources. As a result, systems are constantly making decisions about which data packages to store and which data packages can be evicted.

The new edge caching optimization method, called D-REC, uses a digital twin to take real-time data from the wireless network and uses it to conduct simulations to predict which data are most likely to be requested by users. These predictions are then sent back to the network to inform the network's edge caching decisions. Because the simulations are performed by a computer that is outside of the network, this does not slow down network performance.

via North Carolina State University: Zifan Zhang et al, Digital Twin-Assisted Data-Driven Optimization for Reliable Edge Caching in Wireless Networks, IEEE Journal on Selected Areas in Communications (2024). DOI: 10.1109/JSAC.2024.3431575

Wednesday, May 25, 2022

Subprime Attention Crisis


This author gave a talk at HOPE in 2010ish about Twitterbots, long before they were a thing. In fact, he kind of made them a thing. Anyway, now he's talking about how online advertising doesn't really work, and that it's going to become too hard to ignore, and the industry will collapse, and it will take the entire internet with it. I hope he's wrong, but he makes quite the compelling argument.

Subprime Attention Crisis:Advertising and the Time Bomb at the Heart of the Internet
Tim Hwang, 2020

"Programmatic Advertising" is an important term in this book, and refers to the automation of buying and selling of ads, at mind-blinding speed and without any human intervention or oversight at all.

Distinction between direct response advertising (see it, buy it) vs brand advertising ("shaping the public's associations with a brand and differentiating it from its competitors) (p80)

Mesothelioma - one of the most expensive keywords to advertise against (p83, ft21)
-Jim Leichenko, "The Most Expensive Keywords on Google - Anniversay Edition," Kantar Media, Sep 4 2018

Data arbitrage - marketing agencies sign deals for discounted prices for ad inventory for publishers, then resell the inventory at a higher price to their clients (pocketing the difference) (p105)

Surveillance Capitalism - Shoshana Zuboff, The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. Public Affairs. 2019

Ad damage (harm) - relies on invasion of privacy, incentivizes manipulating user behavior and seizing user attention in ways that may be harmful to mental health and physical development (Zuboff), and incentivizes media supporting information of echo chambers (Eli Parsier, The Filter Bubble, 2012)

(Also re harms of advertising) - The broad range of expression that the internet might otherwise enable has been limited to ways of connecting that are consistent with the financial needs of advertising. Advertising is complicit in restricting the grammar of social interaction online. (p117)

In envisioning a platform totally anonymous, he says it might "degrade into a ---digital wall of bathroom graffiti--- in a few hours. (p118) [I find an uncanny resemblance between this and the Wall of Public Shame and Social Miscourse that Facebook has morphed into.]

Post Script - About the Image:
I tried to search images for "shopping addiction" but it's weird because they're all smiling. You can't get a picture of someone holding a shopping bag with a scowl on their face, it just doesn't work. Even the articles about how to recognize if you have a compulsive shopping disorder show pictures of people smiling. I'll admit, it's hard to communicate visually, something about the two things together that doesn't work visually. Gambling addiction, on the other hand, is all dejected people with their head in their hands. So I decided to go for "Black Friday", because that's what it looks like when your culture -- not any one individual but the entire culture -- has a shopping addiction. 

Tuesday, May 24, 2022

Profit Over Privacy


I'm reading this book along with a series of others about advertising, privacy, etc. The Naked Consumer (1992) takes us up to the pre-internet era, and Sub Prime Attention Crisis (2021) shows us the implications of propping up the infrastructure of the internet with advertising, specifically targeted instead of contextual advertising. 

Profit Over Privacy: How Surveillance Advertising Conquered the Internet
Matthew Crain, University of Minnesota Press, 2021

"Commercial monitoring" is the palatable name for surveillance advertising.

He calls Russia's 2016 interference an "ad system" (p3) -United States of America v. Internet Research Agency, LLC., No 18 U.S.C. SS2, 371, 1349, 1028A (n.d.)

Facebook is an ad platform - "data-driven influence peddling is their bread and butter" (p4)

The 2013 Facebook Like Study: Michael Kosinski, David Stillwell, and Thore Graepel, "Private Traits and Attributes Are Predictable From Digital Records of Human Behavior," PNAS 110, no. 15 (2013): 5802-5

Cory Doctorow's microtargeting: "How To Destroy Surveillance Capitalism," OneZero, Aug 26 2020.

Funny how the author is talking about lack of public access to high quality information, caused by digital ad ecosystems, yet low-credibility info is the fuel of digital advertising via engagement algorithms more likely to spread and instigate further engagement if they're extreme and novel, i.e., low-credibility.

The privacy market (which is now a free market with no rules) (p21)

"The fiction that advertising supports or makes possible the news, entertainment, or educational content has been a public relations mainstay of the commercial mass media" -Dallas Smythe, 1981: Dependency Road: Communications, Capitalism, Consciousness and Canada

Far from creating objective representations of the world as it is, consumer surveillance reproduces and often reinforces existing structural inequalities (p105)
-Noble, Algorithms of Oppression
-Jathan Sadowski, To Smart: How Digital Capitalism is Extracting Data, Controlling Our Lives, and Taking Over the World. 2020

The strategic communications campaign to pacify the public on privacy issues (p132)
-Inger Stole, Advertising on Tril: Consumer Activism and Corporate Public Relations in the 1930's. 2005 
-Molly Niesen, "The Little Old Lady Has teeth: The US Federal Trade Commission and the Advertising Industry, 1970-1973," Advertising and Society Review 12, no. 4 (2012)

Daniel Pope: The Making of Modern Advertising

The divergence between Google and Doubleclick (before 2007)
  • Google: Rather than collecting consumer info to target ads, they relied on users' search keywords to display "contextual advertising", and this was very successful
  • Doubleclick: Consumer data was the keystone for closing the loop between ads and sales
-Ken Auletta, Googled: The End of the World as We Know It, 2010

The central business proposition of social networks stemmed from their arguably superior capacities to collect and operationalize personal information, not from any significantly technical innovations in advertising practice (p140) [And so Facebook ultimately forced Google to abandon the context-approach completely ... Surveillance was too big of a business.]

Accounting for the shift: Google's first privacy policy, created in 1999, sparsely explained that the company did not collect data on any individuals. Twenty years and thirty versions later, it now takes four thousand words to outline the company's extensive data collection practices across its array of websites, applications and partners. (p142) -Warzejl and Ngu in New York Times, 2019

On Opt-In: "Offering advertising on an opt-in basis goes against the economic model of the internet" [because you made it that way through decades of policy manipulation] (p143)
-Google spokesperson, in JR Raphel, "Google's Behavioral Ad targeting: How to Regain Control", PC World, 2009

Back to Politics: The history of surveillance advertising is not a story of disruption but rather one of continuity. (p145)

Further Reading:
-Matt Honan, "Google's Broken Promise: The End of 'Don't Be Evil'", Gizmodo 2012
-Tim Libert, "Exposing the Invisible Web: An Analysis of Third-Party HTTP Requests on 1 Million Websites," Int. Jour. Comm. 2015
-Julia Angwin, :The Web's New Godl Mine: Your Secrets", WSJ 2010
-FTC, "Cross Device Tracking: An FTC Staff Report", 2017
-Jennifer Valentino-DeVries et al., "Your Apps Know Where You Were Last Night, and They're Not Keeping It Secret", NYT 2018
-"Stat Oil", The Economist 2013
-John Cheney-Lippold, We Are Data: Algorithms and the Making of Oour Digital Selves, NYU Press 2017
-Gabriel Weinberg, "What If We Al Just Sold Non-Creepy Advertising?" NYT 2019

Monday, May 23, 2022

The Naked Consumer


AKA Big Datty Goes Shopping

This book was written in 1992, and exemplifies the reason why I like to read old books from a kind of anthropological or at least historical perspective. He says things that sound like they could have been written yesterday, and it shows you how much of what we call "new" or even "unprecedented" are actually just an extension of things that have always existed.

And a big part of me thinks that constantly re-naming and re-examining things is what holds us back from making more progress. We act like our problems just appeared yesterday, when in fact they've been around forever, and the things getting in the way of solving them --corrupt governance, greedy businesses, etc.-- are kept invisible to oversight and insulated from public outrage just as they always were. And we're kept chasing our own tails, making up new names for things and separating each other into different groups so that we can discuss and blame and even legislate our way into a conflated oblivion, without making much of a dent in the main source of the problem. I don't know, personal carbon footprint calculators comes to mind, for example. Pay no attention to the 500 pound elephant behind the curtain. 

Magazines, many of them but not all of them, are not real.

That is, they aren't what you think they are. You think they're a bunch of pictures and stories, gathered around some loosely related subjects for your infotainment pleasure. This author shows us that they are not that. Instead, a magazine is a ploy to get your name and address. That's it. The purpose is to create a list of all the people who have an interest in "x", and then to sell that list to people who want to sell people "x". That's it.

American Baby was a magazine in the 90's. I've never heard of it. But it was about babies, and aimed at new mothers. Articles about breastfeeding and thumbsucking and extra belly fat probably (because making a woman feel bad about her image is a sure way to get her to buy your shit). But the magazine wasn't made for its readers. It was made for the advertisers who buy the list of readers. And that's because new mothers are the number one most heavily targeted demographics on earth. And that's because young mothers are scared out of their minds, and will do anything you tell them to, especially if you scare them enough. 

You might be thinking GMOs or vaccines. And you'd be right, because a good network analysis done recently showed how alternative medicine and new mothers were the nexus of a global conspiracy network, linking other disparate groups and topics, and allowing for the spread of antivax disinformation to infect our population faster than a real virus ever could. 

That's the intro to the book -- the author pretends he's got a pregnant wife, submits a subscription to American Baby, and watches what happens next. His fictitious wife, and her miracle baby who doesn't exist, are from that day on bombarded with advertising that has been engineered to exploit your endocrine system at every stage of your baby's development, all the way into their own adulthood. The consumer surveillance system has been around forever, and still follows the same rules, and still uses the same arguments on our legislators, judges, academics and entrepreneurs. 

In spite of common sense, learning your history might be more impactful than threatening to boycott your favorite social media platform using said social media platform. 


The Naked Consumer: How Our Lives Become Public Commodities
Erik Larson, Henry Holt Publishers, 1992

He talks about noticing that his mail has intelligence, and later calls it "smart mail". He's referring to how the advertisers know he has a baby, and he does refer to this as the "consumer intelligence system" elsewhere in the book. I'm just saying, he was saying "smart"-things in 1992. 

Quoting a marketing executive, "Through psychographics, we become the friend who knows them as well as, perhaps better than, they know themselves" (p13). Sound familiar?

The 4 Laws of Data Dynamics
  1. The law of data coalescence - Data must seek and merge with complementary data.
  2. Data always will be used for purposes other than originally intended. 
  3. Data collected about individuals will be used to cause harm to one or more n=members of the group who provided the information or about whom it was collected, be it minor (short-term aggravation of a "junk" call during dinner) or major (the sorrow of getting a free sample of formula just after your miscarriage).
  4. Confidential information is confidential only until someone decides it's not. (p14)

Interesting take on Planned Obsolescence: Talking about a shift in marketing in the 1920's - "to more effectively woo consumers, manufacturers shifted their emphasis from function to style. Suddenly, consumers could buy Turkish towels in colors other than white; even toilets came in alluring new shades. Automakers began painting car different colors; in 1927 General Motors began making annual changes in body styles a practice that came to be known as "planned obsolescence." The stated mission of GM's research division was "the organized creation of dissatisfaction." (p20)

The radio is not a public place - you couldn't blatantly advertise on the radio in the 1920's because it was broadcast into people's homes, the "family circle" (p21)

The Census Bureau, cluster analysis, REZIDES (National Zip Code Encyclopedia (household income, education, home value, and occupation), PRIZMs (Potential Rating Index for Zip Markets); (circa p50)

The National Credit Hunters roster: 1.6 million people who applied for credit cards but were turned down, "these credit-hungry men and women are available for rental" ...you could get 400,000 names every two weeks for $70 per thousand... (p66)

Gay people are a very heavily-marketed group, because they are so easy to identify, i.e., via same-sex address matching, which doesn't work as well for females (~p68)

Jews - there is a database that scores your name's Jewishness, and why? Because "They're well-to-do and highly assimilated. They have a lot of disposable cash in the sense that their income is higher than the norm. There is a social tradition in Judaism toward charity. They tend to read more than the general public. There's only one group that has succeeded more than the Jews in terms of their economic and social assimilation into American society, and that's the Japanese." - Avram Lyon AB Data Ltd. Vice President (p69) 

[^Why are gay people not called Gays, yet Jewish people are called Jews?]

Copyright traps on lists! - To insure that list renters use names only as often as agreed (because they make money off use of the list, so you can't turn around and sell it to someone else), list managers routinely seed them with false names -- the names, for example, of pets and people long dead whose addresses, however, are actually addresses of living employees of the list managers. If these employees receive more than one letter addressed to a particular defunct consumer, they sound the alarm. (p70)

Also note they copyright their lists, despite the fact that "we consumers never gave them direct permission to use our names in the first place." (p70)

There's lists of people who are non-responders, so they can be eliminated from other lists; there's lists of recent mortgage holders who are likely to go bankrupt in the next 12 months, so they can be contacted again in 12 months... (p76)

"Synchographics" - (not synchro-) are timed milestones like puberty or pregnancy or homeownership (p81)

"There is no more elaborate consumer intelligence system than that set up to capture the gravid [pregnancy] status of women." (p82)

The Direct Mail List Rates and Data directory describes thousands of lists, their owners and managers, and the price they charge. Find this at your local library. (p83)

Toledo, Ohio water commissioner in 1952 realizes a sudden citywide pressure drop during the I Love Lucy commercial break. (p106)

Langbourne Rust - he's a spy basically - "No one every notices. Ever." Still, the main rule - "Never turn your face toward the person you're looking at. People have an extraordinary ability to notice from their peripheral vision that someone's looking at them." (p181)

In this book, written in 1992, the word "Dumpster" is capitalized. (p189)

Garbage - William Rathje, archeologist from the University of Arizona, turned "garbologist", started Le Projet du Garbage, wrote in Garbage magazine, and "punctured myths of human consumption" in America (p189) On Mexican American Garbage - "Ethnic Migration, Assimilation and Consumption", Journal of Consumer Research, Dec 1983 Melanie Wallendorf and Michael Reilly


WHO CARES and WHAT TO DO ABOUT IT

"The techniques of mass surveillance now allow marketers to find our vulnerabilities more efficiently ... Targeting has given them the power to worry us when we are not worried, to make us aware of our flaws when otherwise we might be content, to make us feel sorrow when moments before we felt only happiness. ... We expect to encounter voluminous advertising in our magazines and newspapers and have learned to ignore it." (p202-203) 

"Psychoactive Junk Mail" affects moods and thoughts a lot more than one might think, mostly in minor ways but sometimes dramatically. Suppose you are overweight... (p204)

Junk mail and junk calls are only superficial manifestations of the most troubling aspects of mass surveillance -- the fact of the surveillance itself. The surreptitious collection and coalescence of personal information constitutes nothing less than an assault on human dignity and the sanctity of self. If mass surveillance gives us the creeps, it is because the techniques intrude on ground we know to be sacred. (p206)

"At an instinctive level, many consumers feel that for a commercial entity to collect names, addresses and consumer characteristics and store it in a computer data base, without the consumer's knowledge or agreement appropriates some uniqueness from the consumer. It's a modern counterpart of the tribal native's belief that viewing photographed by the anthropologist captures and transfers some of the individual's essence ot the photo taker and could be used to manipulate him." ["Manipulate" being the key word here.] (p206) -Alain Westin in a 1990 Harris-Equifax survey

Something about this is eerily familiar in 21st century as social media platforms become the pinnacle of consumer advertising and at the same time a wholly unregulated and indefensible channel through which the whole society under its all-seeing eye becomes an eager receptor for instigatory potential, at times to nefarious ends: "The consumer marketers have installed the most sophisticated mass intelligence system in history. Despite its banal current uses, it constitutes the infrastructure of invasion, ready to disrupt the lives of millions of Americans but restrained from doing so only be reasonably benign political climate, the absence of an overwhelming national enemy, and the good judgement of the system's corporate masters. But technology, as Jacques Ellul, the French technophilosopher, argued in The Technological Society, advances along a path of its own choosing, exhausting every conceivable application along the way until restrained by law of obsolescence. By Ellul's reasoning the infrastructure of invasion will be used one day to cause most harm across the land. "History," he wrote, "shows that every technical application from it beginnings presents certain unforeseeable secondary effects which are much more disastrous than the lack of technique would have been." (p210-211)

Introduction to Chapter 12: What to Do: New Laws for a New Age: "The real danger is the gradual erosion of individual liberties through the automation, integration, and interconnection of many small, separate record-keeping systems, each of which alone may seem innocuous, even benevolent, and wholly justifiable -U.S. Privacy Protection Study Commission, 1977. (p231)

Video Privacy Protection Act of 1988 - passed with blinding speed by legislators after a Washington weekly City Paper "obtained and analyzed records of the movies rented by Judge Bork", shocked by the "brazen invasion of the sanctity of the man's cinematic tastes." (p235) [Fixing this problem sounds pretty easy all of the sudden.]

"Recombinant data" - a whole new strain of information created by cybertechnologies

Wednesday, March 30, 2022

Dreams For Free


Bleak cyborg future from brain-computer interfaces if we're not careful
Jul 2021, phys.org

"For some of these patients, these devices become such an integrated part of themselves that they refuse to have them removed at the end of the clinical trial," said Rylie Green, one of the authors. "It has become increasingly evident that neurotechnologies have the potential to profoundly shape our own human experience and sense of self."

Aside from these potentially bleak mental and physiological side effects, intellectual property concerns are also an issue and may allow private companies that develop eBCI technologies to own users' neural data.

In case you're having hard time imagining how this works, here's an example:

They monitor you for a few years, like while in art school, but offering you their device for free, and you use it to augment your technical skills, but meanwhile the fine print says that the neural network you develop in the meantime while using their device must be "given" to them, and so they erase the network -- your network -- from your own brain, and they proceed to make money off your creative brain patterns, and you now have to either start over from scratch, or pay them for your own brain creativity.

via American Institute of Physics: "Mind the gap: State-of-the-art technologies and applications for EEG-based brain-computer interfaces", APL Bioengineering, DOI: 10.1063/5.0047237

"It's bad enough that you sell your waking life for minimum wage, but now they get your dreams for free."

Image source: Brainless Chicken Matrix, Andre Ford, 2022 [soft paywall at wired.co.uk] - Dude removed their brains and put them in a body harness to allow us to farm them like soul-less meatbags without the suffering. 

Monday, September 24, 2018

On Statutes and Liberties



The United States Postal Service made some stamps featuring the Statue of Liberty, but used the "wrong" reference, and now owes an un-attributed artist $3.5 million. I think I'm already using the wrong language here.

The artist, Robert Davidson, made a sculpture of the Statue of Liberty for a New York-themed casino in Las Vegas (can we all just read Baudrillard's Simulacra and Simulation right now?), and it was this statue, not the original, that the Post Office used to make its stamps.

There's a difference, as you can see above, where one is more feminized. Davidson did that on purpose, and that difference makes it original enough to be protected under fair use law.

Interesting situation here, in that a copy of a copy got in trouble for copying the copy instead of the original, and now owes the copy-creator. But the details get even better, because the USPS licensed the photograph of the Statue from Getty (well I guess they can't just take their own photograph, right?), but they didn't realize that the photo they licensed was of the wrong Statue. Hence Davidson, sculptor of the statue in the photo that was licensed, sues for unauthorized use.

And because the Postal Service sells lots of stamps, there's lots of money involved. There was a good case similar to this involving Artist Shepard Fairey's HOPE Poster, President Barack Obama, Photographer Mannie Garcia, and the Associate Press.


Notes:
Information on Fair Use, Copyright, Intellectual Property, etc.
Electronic Frontier Foundation

Post Office owes $3.5M for using wrong Statue of Liberty 
Jul 2018, Ars Technica

On Property Rights
Feb 2018, Network Address

Sunday, February 18, 2018

Property Rights


Getty Images complained enough about their right to intellectual property that Google basically disabled their image search engine.

That's right, go search for an image, and then try to view or save that image. And then wind your clocks back to the year 2005ish.

We now have to revert to searching through an entire website in order to find the image we've already "searched". Not ideal; in fact, it ultimately defeats the purpose of an image search function in the first place.

Not sure which part is more upsetting, that image searching just took a step back ten years, or that such a large entity as Getty is so clueless about how the modern world works. (Then again, there seems to be a lot of that going on these days.) And by clueless, I mean not recognizing the existence of a thing called the right-click.

In case you're having the same facepalm moment as myself, yes, right-clicking on the image and "open in new tab" completely defeats the purpose of the new changes, and erodes our confidence in large cultural institutions such as Getty, both at the same time.

Also, trademarks and logos are excluded from this new change.

Anger at Google image search 'peace deal'
Feb 2016, BBC


Post Script

But wait, because it doesn't end there. I like to provide proper source references for the imagery used on my page, just because. The problem I run into lately is this - many of the images I want to use have been populated to my search results from Pinterest (because they are owned by Google, let's not forget, it's no coincidence they run the image-search game). And people who post on Pinterest are very unlikely to leave source credits. And yet Pinterest is owned by Google, and so they dominate the image search results. So the chances of my finding the image on a site that gives its source due credit are close to zero. Soo, as a person who wants to do the right thing - the thing that Getty wants me to do, and the thing that Google ostensibly wants me to do - I cannot, because of the very entity that has made these changes in the interest of 'doing the right thing'. That's enough for today.


Post Post Script

Now we've covered that, it seems an appropriate moment to remind ourselves about the specifics of intellectual property. As a creator, all you have to do to gain the right to your own intellectual property is to make the thing.

You're a musician? Make a recording. Artist? Make a painting. Writer? Write it down. Once you have fixed that intellectual product into some physical form - be it a recording, painting, or even a poem scratched into the dirt and then photographed - you own it.

So that sounds great. Until you think about how some cultures, like the people who lived in America before Europeans, do not fix much of their cultural products into physical forms. Sand paintings? Not fixed. Tribal songs? No recording equipment, not fixed.

If you get upset because you can't find that Getty image, just take some cultural products from a culture that has no property rights (intellectual or physical). Public domain forever!

Grimm's fairy tales, that's another one. They were spoken, not written down. So when Disney went and took them all and made cartoons out of them...

Wednesday, March 21, 2012

Indigenous Cultural Property

On Origin, the Idea, and Society:

Thomas Jefferson once said in a letter to Isaac McPherson on August 13, 1813:
"If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me."

Thomas Jefferson, Letter to Isaac McPherson (August 13, 1813)

Another limitation of current U.S. Intellectual Property legislation is its focus on individual and joint works; thus, copyright protection can only be obtained in 'original' works of authorship.[^] This definition excludes any works that are the result of community creativity, for example Native American songs and stories; current legislation does not recognize the uniqueness of indigenous cultural 'property' and its ever-changing nature. Simply asking native cultures to 'write down' their cultural artifacts on tangible mediums ignores their necessary orality and enforces a Western bias of the written form as more authoritative.

Philip Bennet, "Native Americans and Intellectual Property: the Necessity of Implementing Collective Ideals into Current United States Intellectual Property Laws", 2009