i am Ta'fxkz: Intellectual Property / Pirate This / Creative Commons

Saturday, October 15, 2011

Intellectual Property / Pirate This / Creative Commons


Note: Arul sent this (untitled) piece to some friends some time ago. Arul and I have had extended discussions on the nature of ownership and if we, in fact, own anything at all. I hadn’t seen this piece, and am very grateful to Hannah Priya for sharing it. No changes made, except to add a title and make some minor clean-ups. ~ baruk

"Go to the village ahead of you, and at once you will find a donkey tied there, with her colt by her. Untie them and bring them to me. If anyone says anything to you, tell him that the Lord needs them, and he will send them right away." Mathew 21 vs 2 and 3 NIV

I personally love the KJV that says, “The LORD hath need of them”

I have marveled at the audacity of Christ to defy the culture of ownership, but who am I to teach the creator of the universe civics and etiquette. It seems immoral to me to even send somebody out with the instructions to go and untie another person’s ass, and not just to me it seems to break the God given Judeo Christian code of ethics (as some of us would like to insist).  

Why, this instruction to intrude ownership even defies the teachings of Christ if we were to protract the admonition to not commit adultery by thinking it up. Why, it even feels quite immoral to me to impregnate a virgin but I guess the God of creation is an exception, and even in the virgin’s dealings with the God of creation there is the golden consent “Be it done unto me”.

When we (by faith and by grace, I guess) get past the paradox of God acting in foreknowledge and yet being mindful of the person’s choice to NOT render him or her a puppet. We will be less assumptive in our callous infringement of other people’s ownerships. I stand amazed (and slightly bemused) by how we (Christians) take other people’s intellectual property, for granted. 

We wouldn’t drive off another person’s car in the course of our morning walk, just because it was possible to do so and then insist that the car was really in the public domain. Why we could even argue that the raw materials that the car is made up of are in one way or the other extracted from the earth and  say “Who my dear brother’s is the owner of the earth”. But if the (so-called) owner of an idea, deemed his or her idea worth a price, we dare not infringe that person’s right to choose his or her price. 

"And what will you do with the big, big, money? Have you not everything you need? If you need a motor-car, you pluck it from the trees. If you need pretty polly, you take it." said Alexander de Large, the jovial hoodlum rapist, thug and humble protagonist of Stanley Kubrick’s movie A Clockwork Orange. Now Alex was on the side of totally disregarding other people’s ownership - but the film also shows how when he returns from prison, he is hurt and saddened when his own room and personal  belongings and snake were given away, confiscated by the police as compensation for Alex’s victims and not the way he had left them.

Who owns a woman’s body? Does a government have a right to tell her when she can or not have an abortion? Who owns the fetus? Who owns people? Who owns the languages we learn to speak? Who owns land? Who owns emotions especially in this era of emotionally loaded coercive devices of mass persuasion feeding us with the “glass nipple” of TV or the internet or any way to get into human synapse and choices. I take it that all ownership is either borrowed or stolen, like we do not own land but we are actually borrowed from the land for a few heartbeats and breaths of a very very short lifetime.

I am not a theologian - I am an artist, and a poet. I write rock n roll lyrics. This is not my field of expertise - I love the scriptures and obsess with how the word might become flesh in my life, but beyond that there is nothing else that brings me here to share at the table of academicians. There is always an academic and theological tension in my songs, and while I have my healthy respect for theological academia, I also disregard it quite vehemently.

“Poor God eating lonely pie in the sky, Poor God if it walks the plank in my eye” go the lyrics of my song Sympathy for God. I was interestingly accused (I am guessing that the accusation was in jest) by my rock n rolling peers, of plagiarizing The Rolling Stones song Sympathy for the Devil. Which I insist was not the case. 

The song I wrote was releasing a life-long burden of a tense co-existing of theism and atheism. I got the idea to the words “Sympathy for God” when I read a book called Killing Bono by Neil McCormick, a schoolmate of Rock star Bono of U2. Neil was an atheist and Bono was Christian, and the dialog and tensions that transpired between them turned into a song called “I found God”, that when Neil was recording the studio staff referred to as “Sympathy for God”. Yes the studio staff were probably referring to The Rolling Stone’s Sympathy for the Devil, and yes in that way there is the influence of the Rolling Stones, but have I stolen from them- I think not. Recently when I was working on getting it recorded, the back of my mind was working towards a voodoo drumbeat that was probably influenced by The Rolling Stones too. Is there a debt owed to the Rolling Stones, yes and most obviously so, am I plagiarizing the Rolling Stones- no. 

God forbid that there should be a patent on the pentatonic blues scale. It would render even Hendrix a plagiarist. And every one who played the electric Guitar post Hendrix anyway had one debt that he or she owed the most influential guitar God of all time.

“Plagiarize, let no one’s work evade your eyes
Remember why the good LORD made your eyes
So don’t shade your eyes but plagiarize, plagiarize, plagiarize
Only remember to call it research” sang singer-songwriter, satirist, pianist, and mathematician Tom Lehrer 

“No man is original since Adam”- wait a minute I did not say that, I think it was Emerson. I did not read Emerson, it just popped out of my mind from memory that I had read A W Tozer mention this in the preface of his book The Divine Conquest, and that was something I read 16 years ago. 

Who really owns ideas? Who owns the idea that an idea can be owned? Who owns the idea of ownership? Isn’t ownership just an idea, in the first place? Aren’t ownership deeds simply a proxy validation of the idea that something can be owned? Is the line that separates what is yours from what is mine even a real line or is it an imaginary idea of a line? Is ownership not an idea? I would like to ask- “If ownership is not an idea, who’s idea is it not?”, and I cannot say that is not my idea because I typed it and I do not consciously remember anybody else asking this particular question in this particular way.

My friend Baruk who hails from the north-east tribes of India, tells a story of how locals had no concept of owning land, the land was free to hunt pluck fruits and do whatever they wanted- until people from outside offered them liquor in exchange for land. They thought that the liquor was practically free, until one day they were all evicted. 

In India, when you buy land you only own the surface, anything this is below the land or above the land is for all legal purposes belonging to the government. I do not know how it is elsewhere, but I personally find all ideas of ownership, reasonably silly at one level or another. I am a songwriter. The only thing I call my own, are my songs and even they are not really my own. My gift and craft has behind it scores of others who have walked these roads with nothing to give back but a few words and tunes, rearranged in their minds and within the boundaries of their genre, ability and the culture of their times.

An old uncle who encouraged me down this road has written over 300 songs in Tamil. He has released over 20 albums to date. Many of his songs are popular Christian classics, his name is Ezekiel George for the benefit of those who might be curious. He has always written his songs and sung them freely. He has lived as an artist in penury with 2 mentally unwell children to care for. While the people who market his album built three houses, one each for their three daughters. 

People hear his songs on CDs all over Indian Christendom and yet he has never received a royalties cheque, and he has never asked for one. Is his ownership of his songs limited by the fact that he did not ask, insist or bargain the price of the inner torment that birthed the songs. There is a church, less than a kilometer away from his house outside which you will see recordings of his songs, some sung by him and others sung by others all being sold in compilation albums. He has never even asked them for his fair share. In India, a person’s wife’s jewelry is loaded with cultural symbols. Most of his recordings were made possible because his wife voluntarily sold her jewelry to support her husband’s calling. 

As a young Turk in this turf - I wrote the following song titled Pirate This.

Chorus
You’re welcome to pirate this song
Make copies and give it out generously
You’re welcome to pirate this song
Go ahead treat her like she was yours
You’re welcome to pirate this song
You’re welcome to pirate this song

Rainbows are free and the skies are sunny
I’m sure you think I don’t need no money
Thank you coz you think I am a star
Galaxies apart from where you are

You’ve got to pay for your rental bills
Scrimp and save for occasional frills
You have needs that probably elude me
If you need my music so you can keep it for free


Chorus
You’re welcome to pirate this song
Make copies and give it out generously
You’re welcome to pirate this song
Go on take her home like she was yours
You’re welcome to pirate this song
You’re welcome to pirate this song

Lend me your ears this ain’t no sermonette
What you hear is what you get
Paying for music is a harlot’s cause
My breakfast a bowl of applause

You get to eat out once in a while
Get some friends to party in style
My family and pets live on love and fresh air
Everyone’s wife should have nothing to wear


Chorus
You’re welcome to pirate this song
Make copies and give it out generously
You’re welcome to pirate this song
Go ahead rip her like she was yours
You’re welcome to pirate this song
You’re welcome to pirate this song

Got no conscience - don’t you no fret
You are sure to pirate even that I bet
You’ve no money but you have morality
You wouldn’t rob a bank, you'd only steal IP

Go on pinch the artist’s screw
God who gave the songs will pay the due
You deserve a Grammy for tasteful piracy
A fan like you is an honor to me

Chorus
You’re welcome to pirate this song
Make copies and give it out generously
You’re welcome to pirate this song
Go ahead treat her like she was yours
You’re welcome to pirate this song
You’re welcome to pirate this song


Back when I wrote this I was a young executive working for Microsoft in the prime of my career, and I wrote the lyrics to the above song. I wrote it in the a time when my career was built on an industry that was all about Intellectual Property. I knew nothing, back then about creative commons. The time I wrote it I actually had a dream in which my band and I were taking people to court for doing as the song said and pirating it, needless to say it was a deep seated  conviction about my song expressed in Rock N Roll bravado.

Today as an artist in penury that song opens up a world of different and newer meanings to me, specially the words. 

“Go on pinch the artist’s screw
God who gave the songs will pay the due”

I am still uncomfortable about calling this my song- every line of it comes from someplace else.  Bob Dylan once said “What, good is an applause- you can’t eat it for breakfast” and I stole that line to make it “My breakfast a bowl of applause”. Even this admission is rooted in Tom Lehrer’s satire Lobachevski “I am never forget the day my first book is published. Every chapter I stole from somewhere else. Index I copy from old Vladivostok telephone directory.”

Where would we be if the sermon on the mount was held as intellectual property? Let us be reasonable with our fellow men on both sides of this deal. Let us give credit (no pun intended) where it is due, and let us be fair, it is not like we need to be evangelical Christians to have a fairness-ethic. Let us who claim to follow Christ, speak up for the “owner” of the least in our midst, ruthlessly where justice is perverted. 

Who are we to judge if Christ’s disciples really had the legal right to use a coin found in the belly of a fish to pay their taxes? Oh yes the coin and the fish and the sea belong to God (read synonymous with Christ), but let us not forget that the coin did not technically or legally belong to the disciples, just as treasure found under the soil on a plot of land a person may own in India belongs to the government. It cannot be used to pay taxes. We see Christ in scripture, leading his penniless disciples in what was possibly flouting the legal ownership of the coin, because as the Creator Christ obviously knew whose coin it was and should have in all fairness credited it back to the rightful owner. 

Is this a license for us to go and do likewise, in all things that we do not ’technically’ own? I doubt if it is, I commend us to our intelligence and our consciences, to therefore not condemn every borderline violation of ownership when the owner’s expressed permission or choice to give permission is unknown. Saying one thing and doing another to conceal facts of ownership are a grievous offense scripturally, it is theft and hypocrisy. Can we question the Holy Spirit for striking Ananias and Sapphira dead? After all it was their land, and what right did God have to expect it all? Even the Old Testament law required only a tenth of the gains. 

I do not know what it meant back then in the New Testament when it says of the early church that they had all things common." -- Acts Chapter 4, v. 32, and I am trying to find out by questioning everything that I deem “my own”. I am after all NOT my own, I was bought for a price, and I try to live my life (yes I know it sounds ironical, that I call it mine even in this context) in the shadow and the blessing of that “price”. 

I hate to not mention social injustice, and now I think it is time to talk about a soft drink that we are all familiar with. This international soft drink super power has a powerful brand image and an enviable band presence, that sells even in the remotest of villages as long as there is electricity to plug a company sponsored refrigerator. It is not even a healthy drink, it serves empty calories but people prefer it over the contents of a tender coconut, even in places where the tender coconut is grown. This company runs its bottling plant in Plachimada, Kerala. The company uses reportedly extracts 132000 liters of water each day, leaving the villagers with little or no water in their wells and polluting the remaining water with sludge that they said was a fertilizer that would benefit the farmers. Now many years have gone by since it has been proven that the sludge is dangerous pollution rich in lead. 

But now in a letter dated September 29, 2009, the soft drink mogul had questioned the authority of the State government to constitute the high-power committee, which is to suggest compensation to the affected people. The Kerala State Pollution Control Board (KSPCB) has said that the solid waste generated from the bottling plant in Palakkad district in Kerala would not come under the purview of hazardous waste. You are free to believe whichever side of the story you want. 

The Government’s side 

The Company’s side 

Or the thirsty people’s side 

What has all this got to do with ownership or the Post-Colonial? Well, post-colonial baggage wrapped in capitalism, is still ruling India with an iron hand, the downtrodden have no voice to ask why their water levels are going down and why their fields are being polluted, because it is after all not “theirs”. Alexander de Large, from Stanley Kubrick’s movie A Clockwork Orange, fought his brothers for proposing a new way of owning a lot of “big big money and a mansize crast” but it seems to me that what he really wanted was a horrorshow control over the brothers. Colonialism went after the colonized with tolchocks much like Alexander de Large did, to his victims, just as it is happening to the people of Plachimada, all because a locally accepted messiah figure decreed that the ass (in this case, water) be untied (in this case polluted and drained).

There are many Christian bands that record and mix their music for the glory of God with pirated software. Why, I can bet that many Christians from India are reading this post on computers installed with pirated software. They are quick to say “I don’t know if it is pirated, I paid for the machine and this is what I got”. It gets funnier when they say “I installed it from the original CD owned by my uncle”. If ignorance was a harmless enough excuse, then I wonder why Jesus prayed on the cross for forgiveness “for they know not what they do”. 

Once I pointed out that in order to install a software legally or illegally there is an “I Agree” button that user has to click on, and I read out the EULA - the end user licensing agreement, which portended quite clearly that the installation in question was not licensed and therefore illegal. The virgin mom of Christ consented to be the mother of God. The owner of the ass consented to let the creator have the ass. If the said owner of a piece of intellectual property has not authorized the specific use of his or her work. it is a violation of the biblical teachings, to intrude the person‘s property no matter how right it feels or how guided or lead you think you are.  The bible says that we will be held accountable for “our” words and choices - as debatable as the ownership (of these words and choices) are, in these days of just going mindlessly with the flow.

I say this knowing that Ownership itself is quite a flimsy claim, and if we claim to believe that God is the owner and that we are God’s servants; it would be helpful that we start reflecting God’s character in our stewardship of this garden of life in the 21st century that we have been called to tend. I conclude with no conclusion, leaving you to make “your” choices and “your” ideas in the context of Ownership in a manner that you will see fit, to one day if necessary stand before the creator who loaned you the opportunity to “own” your thoughts and choices - to see what you made of it. 

Is your god (yes, “your” God is the god you reflect) the land-grabbing God of the old testament that supposedly (per scripture) gave the Israeli army both the command to ethnic cleansing and also the victory in the process, or is your God a more holistic reflection of biblical exegesis set in the context of challenging and yet making sense in a 21st century context?

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