`
`fix
`
`:?"’i.F'J_ ~«s_.. V
`
`3-;
`
`ContentGuard Exhibit 2004
`
`TZTE v. ContentGuard
`IPR2013-00133
`
`ContentGuard Exhibit 2004
`ZTE v. ContentGuard
`IPR2013-00137
`
`
`
`Internet Dreams
`
`Archetypes, Myths, and Metaphors
`
`Mark Stefik
`
`The MIT Press
`
`Cambridge, Massachusetts
`London, England
`
`u3
`
`"w»s-
`‘V
`’
`'1
`,9.»-?a“§”‘e;.e~ W
`
`
`
`Third printing, 2001
`© 1996 Massachusetts Institute of Technology
`
`All rights reserved. No part of this book may be reproduced in any form by any
`electronic or mechanical means (including photocopying, recording, or informa-
`tion storage and retrieval) without permission in writing from the publisher.
`
`This book was set in Sabon by Asco Trade Typesetting Ltd., Hong Kong and was
`printed and bound in the United States of America.
`
`Images of the metaphors are by Eric P. Stefik.
`
`Library of Congress Cataloging-in-Publication Data
`
`Internet dreams : archetypes, myths, and metaphors /Mark Stefik.
`p.
`cm.
`) and index.
`Includes bibliographical references (p.
`ISBN 0-262-19373-6 (HB), O-262-69202-3 (PB)
`1. Information superhighway-~United States. 2. Internet (Computer
`network)—United States. I. Stefik, Mark.
`ZA3250.U6I58
`1996
`303.48'33—dc2O
`
`96-28249
`CIP
`
`
`
`Contents
`
`Foreword by Vinton C. Cerf
`
`1x
`
`Acknowledgments
`Introduction
`x111
`
`x1
`
`Part 1: The Digital Library Metaphor: The I—Way as Publishing and
`Community Memory
`1
`
`Excerpt from “As We May Think”
`Vannevar Bush
`
`15
`
`Excerpt from Libraries of the Future
`
`23
`
`J. C. R. Licklider
`
`Excerpt from The Digital Library Project, volume 1:
`
`33
`The World of Knou/bots
`Robert E. Kahn and Vinton G. Cerf
`
`Excerpt from “Communication as the Root of Scientific Progress”
`Joshua Lederberg
`
`39
`
`Excerpt from “What Is the Role of Libraries in the Information
`Economy?”
`55
`
`John Browning
`
`Technological Revolutions and the Gutenberg Myth
`Scott D. N. Cook
`
`67
`
`Excerpt from “Libraries Are More than Information: Situational Aspects
`of Electronic Libraries”
`83
`
`Vicky Reich and Mark Weiser
`
`
`
`vi
`
`Contents
`
`Excerpt from “The Electronic Capture and Dissemination of the Cultural
`Practice of Tibetan Thangka Painting”
`95
`
`Ranjit Makkuni
`
`Part 2: The Electronic Mail Metaphor: The I~Way As a
`Communications Medium 109
`
`Some Consequences of Electronic Groups
`Lee Sproull and Samer Faraj
`
`125
`
`135
`
`Netiquette 101
`Jay Machado
`Excerpt from “The MPC Adventures: Experiences with the Generation
`of VLSI Design and Implementation Methodologies”
`143
`
`Lynn Conway
`Excerpt from “Digital Communications and the Conduct of Science:
`The New Literacy”
`161
`
`Joshua Lederberg
`Part 3: The Electronic Marketplace Metaphor: Selling Goods and
`Services on the I-Way
`173
`
`Excerpt from “Electronic Commerce on the Internet”
`From the CommerceNet Home Page
`
`187
`
`Excerpt from “Electronic Markets and Electronic Hierarchies”
`Thomas W. Malone, Joanne Yates, and Robert 1. Benjamin
`
`Slaves of a New Machine: Exploring the For-Free/For~Pay
`Conundrum 207
`
`Laura Fillmore
`
`Letting Loose the Light: Igniting Commerce in Electronic
`Publication
`219
`
`Mark Stefik
`
`Part 4: The Digital Worlds Metaphor: The I-Way As a Gateway to
`Experience
`255
`Excerpt from “Mudding: Social Phenomena in Text-Based Virtual
`Realities”
`265
`
`Pavel Curtis
`
`
`
`Contents
`
`vii
`
`A Rape in Cyberspace: How an Evil Clown, a Haitian Trikster Spirit,
`Two Wizards, and a Cast of Dozens Turned a Database into a
`
`Society
`
`293
`
`Julian Dibbell
`
`Interaction Without Society?. What Avatars Can’t Do
`
`317
`
`Harry M. Collins
`
`Excerpt from “Toward Portable Ideas”
`Mark Stefik and John Seely Brown
`
`327
`
`The National Collaboratory—A White Paper
`William A. Wulf
`
`345
`
`Internet Dreams: First Encounters of an On-line Dream Group
`
`353
`
`Barbara Viglizzo
`
`Epilogue: Choices and Dreams
`
`389
`
`Further Reading
`Sources
`401
`
`399
`
`Contributors
`Index
`407
`
`403
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Mark Stefik
`
`Connections
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`In “The Digital Library Project: The World of Knowbots” in Part 1,
`Robert Kahn and Vinton Cerf ask, “If a thousand books are combined
`on a single CD-ROM and the acquirer of the CD-ROM only intends
`to read one of them, what sort of royalty arrangement is appropriate
`to compensate the copyright owners? How would compensation be
`extended for cases in which electronic copies are provided to users?”
`Their questions show how, in 1988, issues about copyright protection
`and payment for using information arose in the context of early CD-
`ROM distribution.
`they were
`By 1994 copyright issues not only had not been settled,
`coming to a boil. Laura Fillmore’s effort to build a successful publishing
`business on the Internet reveals the limitations of what was practical in
`May of 1994. Although digital works were being sold on the Internet,
`provisions for commerce were primitive. Furthermore, the ease of copy-
`ing digital works had led many people to believe that digital information
`should be free. Fast access to the network had made trading programs or
`other data as easy as mixing songs on audio tape. In short, it had become
`much simpler for network users to infringe copyright’ than to uphold it.
`This is the context for the oft—quoted statement by john Perry Barlow
`of the Electronic Freedom Foundation, “Copyright is dead.” Advocates
`of free information argue that because you don’t lose the original when
`you make a copy of a digital work, there should be no charge for copying
`information. The conventional wisdom among publishers in late—1994,
`when this article was written, was that digital containers for software
`
`
`
`
`
`220
`
`Mark Stefile
`
`were inherently leaky vessels and that no viable solution would ever be
`found. The article suggests, however, a way to sustain commerce for
`those who want to sell information on the network.
`
`Throughout the time I’ve been groping around cyberspace, an immense, unsolved
`conundrum has remained at the root of nearly every legal, ethical, governmental,
`and social vexation to be found in the Virtual World. I refer to the problem of
`digitized property. The enigma is this: If our property can be infinitely reproduced
`and instantaneously distributed all over the planet without cost, without our
`knowledge, without its even leaving our possession, how can we protect it? How
`are we going to get paid for the work we do with our minds? And, if we can’t get
`paid, what will assure the continued creation and distribution of such work?
`John Perry Barlow, “The Economy of Ideas”
`
`No problemo.
`T-101 (Arnold Schwarzenegger) in Terminator 2
`It all depends on whether you really understand the idea of trusted systems. If you
`don’t understand them, then this whole approach to commerce and digital pub-
`lishing is utterly unthinkable. If you do understand them, then it all follows
`easily.
`
`Ralph Merkle
`
`Across many cultures, knowledge and inner knowing are described as
`light. Letting loose the light refers to spreading knowledge in the world,
`typically in written form. Consistent with this metaphor, the period in
`the eighteenth century characterized by a burst of writings in philosophy
`and science is called the Enlightenment. In the present century the meta-
`phor of knowledge as light is both poetic and physically realized. Books,
`pictures, movies, musical performances, and other works can be con—
`veniently represented digitally. With fiber optics, digital works are actually
`transmitted by the shining and pulsing of light.
`The digital representation of works and their nearly instantaneous
`transmission has profound consequences for commercial publishing.
`Three of the fundamental economic factors affecting the publishing
`industry——printing costs, inventory costs, and transportation costs——Ca1’1
`be drastically reduced. Digital works can be copied at minuscule costs,
`stored in almost no space, and transported instantly anywhere in the
`world.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`machine. In the technophile’s idealized vision, books and magazines need
`never be printed on paper at all; any digital work could be made avail-
`
`able to anyone, anytime, anywhere in the world.
`
`However, the dream of universal digital access to high-quality works
`dangles just beyond reach. Such works are not usually available, because
`of publishers’ concerns that uncompensated copying will infringe and
`erode their ability to make a living. History suggests that this problem
`will not go away. Publishing thrives only when it is profitable, and prof-
`itability depends on limiting uncompensated copying.
`
`The conventional wisdom—based on the way computers are used
`for word processing, electronic mail, and computer networking—is that
`copying digital works is easy and, therefore, inevitable. There appears to
`be a clear, inherent conflict between representing works digitally and
`honoring the commercial and intellectual property interests of creators
`
`and publishers. Fortunately, computers need not be blind instruments of
`
`copyright infringement. Properly designed digital systems can be more
`
`powerful and flexible instruments of trade in publications than any other
`
`medium. The seeming conflict between digital publishing and commerce
`
`is merely a consequence of the way computer systems have been designed
`to date.
`
`The technological means for commerce in digital works are now at
`
`hand. New and unconventional when compared with today’s uses of
`
`computers, these means will enable us to buy, sell, and lend digital works
`
`much as we now buy, sell, and lend printed books and other pub—
`
`lications. They will change the way digital works are purchased and
`
`delivered and will give consumers access to all sorts of works at any time
`
`of the day——though not necessarily for free. Consumers will be able to
`
`sample works, borrow them, rent them for nominal fees, and make
`
`copies for friends. Creative people will be able to circulate their works to
`
`networks of friends while earning a reliable living from people who make
`copies of them. This technological system will affect everything from
`digital books to digital
`television, from digital music to digital video
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`222
`
`Mark Stefik
`
`games. It will radically change our concepts of digital libraries, digital
`bookstores, digital music stores, digital newspapers, and digital television
`stations. Moreover, any competent technological company will be able to
`implement the required systems.
`Here is a road map to this new land. First, we discuss the history of
`copyright law and the reasons for the widespread, but incorrect, belief
`that works represented digitally will be copied without permission. We
`then describe the technological innovations that can enable and support
`commerce in digital publishing. Finally, we introduce the institutional
`and business challenges that lie ahead. What we require to overcome
`them is the wit, will, and means to create institutions that provide the
`necessary security, convenience, vision, and longevity.
`
`The Origin and Rationale of Copyright
`
`It is harder to be honest than to cheat when copying digital works on
`general-purpose computers. The license printed on the package of most
`purchased computer software authorizes a buyer to load the software
`into one computer and use it there. Getting another legal copy for a
`friend involves driving to the computer store and buying it. It is much
`easier, faster, and cheaper to simply load the same software into another
`computer. Such copying is so private and easy to do that most people do
`. it without thinking, and without guilt.
`Unauthorized copying on computers is not, of course, limited to pur-
`chased software. With a few keystrokes, it is often possible to copy a
`paragraph, an article, a book, or a life’s work without compensating its
`creators or publishers. Nor are unauthorized copying and use new phe-
`nomena. Anyone who ignores the FBI warning message on video tapes to
`make copies for friends infringes a copyright, as do people who copy
`compact discs onto cassettes. As a practical matter, it has not been fea-
`sible to enforce the copyright law in these cases. There are simply too
`many people with recording devices to make rigorous enforcement prac-
`tical or cost—effective.
`It is widely believed that there_is no viable technical solution to this
`problem for digital information. John Perry Barlow, a prominent spokes-
`person in the computer industry, says that the idea of patents and copy-
`
`
`
`tried at least once, and it didn’t work. Apparently, for high-quality works
`to spread in the world people need to be able to make a living from
`creating and distributing them.
`’
`Barlow’s arguments are reminiscent of the intense debates about intel-
`lectual property that took place in France during the French Revolution.
`Like Barlow, revolutionaries argued that ideas cannot be owned and
`should not be regulated. During the revolution, many writers and under-
`ground publishers emerged as civic heroes of public enlightenment by
`arguing against tyranny and for freedom of the press. The revolution of
`the mind, they said, required the dismantling of the laws and institutions
`governing authorship, printing, publishing, and bookselling. Absolutely
`free communication was one of the most precious rights of man. All
`citizens should be able to speak, to write, and crucially, to print freely.
`According to this philosophical ideal, people had a will to know and
`should be allowed to read and learn from anything they liked. The wide
`availability of books and the right to publish were seen as keys to this
`spread of knowledge.
`In 1789, the revolutionary government wholly deregulated the press,
`believing that the works of the great writers of the Enlightenment would
`thus be made universally and cheaply, available. The writers and pub~
`lishers certainly never expected what actually happened. Instead of works
`of enlightenment, the presses turned out mostly seditious pamphlets and
`pornography. Printers also competed with each other to bring out cheap
`editions of books others had spent money developing. So little money
`could be made producing the good books that quality declined; most
`editions were abridged and contained many errors. Publisher after pub-
`lisher went into bankruptcy and then out of business. The disastrous
`nature of an unregulated press, largely unanticipated in the heat of the
`revolution, became blatantly obvious as the publishing industry fell into
`shambles. The same leaders who had clamored for the freeing of the
`presses came belatedly to understand the folly of their action. In the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`224
`
`Mark Stefilz
`
`chaos of the unregulated press, some prominent and popular writers even
`stopped publishing; because they could not control the printing of their
`works, they could not make a living by writing.
`In 1793 legislation to restore order to publishing was passed. It rec-
`ognized the rights of authors and grounded the publishing industry in
`the principles of the marketplace, establishing the author as creator,
`the book as property, and the reader as an elective consumer. This law
`reflected a fundamental shift in the Enlightenment perspective, which
`now saw that the widespread creation and publication of creative works
`was better served when the authors could own the products of their
`minds. This history of the treatment of intellectual property in France is
`discussed by Carla Hesse in her book Publishing and Cultural Politics in
`Revolutionary Paris, 1789-1810.
`
`Today, most people see the infringement of copyright on digital systems
`as unavoidable. In the remainder of this section, we describe the assump-
`tions about computer design behind this belief and argue that we need to
`go beyond conventional ways of thinking to solve the problem.
`Three main factors currently inhibit the development of digital pub-
`lishing:
`(1) the absence of high-contrast,
`low—power, cheap flat-panel
`displays; (2) lack of an inexpensive and reliable way of handling money
`digitally; and (3) the need for a widely accepted means of accounting for
`the use and copying of digital works. Improvements in technology will
`almost certainly solve the display problem in the next five to ten years.
`Most people see such displays as crucial to making electronic books
`and newspapers portable. They matter less, however, in applications for
`which desktop displays are satisfactory or where displays are not neces-
`sary-—such as in transmitting musical works. The second factor~meth—
`ods of handling money digitally, in the form of checks, credit cards, or
`anonymous cas
`imentation. Our focus is on the third problem, techniques for commerce
`in what we call digital property rights or usage rights, a generalization
`of the idea of copyright that delineates several kinds of rights besides
`copying.
`Some publishers see illicit copying as too big a business risk and do not
`publish in digital form at all. Digital newspapers often leave out impor-
`
`
`
`computer software, have found that some leakage increases their cus-
`tomer base, even though it is often reported that there are more unau-
`thorized copies of a program in use than authorized ones. Software
`publishers have decided that the revenue losses of illegal copying are
`affordable, although they lead to unfair billing. Software publishers
`charge all users the same price, regardless of the use to which they put the
`program, arguably overbilling people who use the work infrequently.
`As computers and computer networks have proliferated, the need for a
`better approach to protecting digital works has become more widely
`appreciated. Moreover, as new kinds of works——such as music, video,
`and multimedia works that mix these forms—are now available digitally,
`people from different industries are searching for solutions. Given this
`wide acknowledgment of the need, why have solutions seemed so elu-
`sive? Apparently, we are stuck in a rut, assuming that things must be
`done the way they have always been done with electronic mail, word
`processing, and other current applications.
`Conventionally, we use general-purpose computers with general-
`purpose operating systems and general-purpose programs. The computer
`industry, grounded on the premise that computers can do anything that
`can be programmed in software, produces a wide range of programs—-
`word processors, spreadsheets, databases, calendars, graphics programs,
`and computer games. Manufacturers accept no liability when someone
`uses a computer to copy a copyrighted file. After all, one company builds
`the computer, another writes the software that does the copying, and
`both hardware and software are intended for general purposes——that is,
`any purpose the user wants to put them to. The manufacturer wants no
`responsibility for someone who uses the computer in a way that just
`happens to infringe a copyright, nor does the software publisher. The
`perpetrator is the consumer, who finds it easier to make an unauthorized
`copy than to be strictly honest.
`
`
`
`226
`
`Mark Stefik
`
`Stuck within this framework the community of computer users pro-
`tests against any attempt to regulate the copying of digital property. If we
`continue to accept this framework, with all of its assumptions, no party
`will be motivated or empowered to break the cycle and no effective
`way to protect digital property will be developed. At present, without
`enforceable property rights, the writers of words, interactive games, and
`songs often are not compensated for their work. And without their
`works the world is a darker, poorer place. Honoring their creative work
`in the digital systems of tomorrow requires us to challenge the design
`assumptions of the systems we use today.
`
`A New Design for Digital Publishing
`
`The technical core of the approach we propose is based on two ideas: (1)
`that digital works can be bought and sold among trusted systems, and (2)
`that works have attached usage rights that specify what can be done with
`them and what it costs to exercise those rights.
`
`Trusted Systems
`The term trusted system refers to computers that can be relied on to do
`certain things. For example, suppose that a creator or publisher forbids
`all copying of a particular digital work. A trusted system in this context
`would reliably and infallibly carry out that stipulation; no amount of
`shouting or coaxing would coerce it to copy the work. The trusted sys-
`tem might be very polite, but ultimately it would always refuse to make
`an unauthorized copy. Similarly, suppose that a trusted system could
`copy a work but only if it reliably records a set fee to be paid when it has
`done so. A trusted system would always record the fee whenever the
`work was copied. If the copying process is interrupted part way through,
`the trusted system would follow a standard policy; for example, it might
`delete the partial copy, record no fee, and note that a copying attempt
`was begun but not completed. Again, no amount of coaxing would
`change its behavior. It could always be counted on to follow the rules of
`
`the trust.
`A common but false analogy claiming to show why digital works
`cannot be protected in computers is that of genies and bottles. In this