I love when I’m crate-digging through the weird part of YouTube and stumble on something truly amazing, seen only by a handful of other people. Just now, I was looking for the redneck bar scene from 48 Hrs. and found this:
It’s the opening titles for 48 Hours of Hallucinatory Sex (originally “48 Horas de Sexo Alucinante“), a 1987 trash/sexploitation film from Brazil. (Don’t worry, the clip’s safe for work.)
Everything about this video is amazing, from the face-melting porno synth to the Amstrad-like scrolling fonts. (You can see the blinking cursor!) With the VHS warble, it sounds like an unreleased track straight off of DJ Shadow’s Endtroducing… I couldn’t find any information about the soundtrack online, but would love to hear more.
The sequel to a 1985 movie called 24 Hours of Explicit Sex, the plot of 48 Hours is totally meta: a sex psychologist sees the original film and hires the original cast and crew to make her own. It’s like the ’80s porno version of The Human Centipede 2: Full Sequence, where a psychopath is inspired to recreate the events of The Human Centipede using the real-life actors from the film.
The last time I stumbled on anything this funky, it was this scene from low-budget indie comedy Apple Pie from 1976, that ends with this insane 15-minute-long choreographed dance sequence set on the streets of 1970s NYC. And the music? An improvised funk jam by Hall & Oates.
Over April Fool’s Day weekend, hundreds of independent game developers came together for What Would Molydeux?, a 48-hour gamejam celebrating the tweets of Peter Molydeux – the anonymous doppelgänger of Peter Molyneux, the legendary British game designer known for his grandiose visions for games as art.
For the last three years, @PeterMolydeux’s written hundreds of surreal game ideas on Twitter, satirizing the game industry and the high-minded aspirations of his real-world namesake. For example:
Your loved one has turned into a snowman. Yet your body needs to be as hot as a oven on high heat to survive. What would you do?
What if everyone in the world had an explosive telephone in their body? If you could find out their number you can detonate their phone?
You are a small girl flying a talking kite. The kite seems to know about a upcoming major terrorist attack and floats towards clues.
Double Fine lead programmer Anna Kipnis was first to suggest a gamejam, in which each developer would build a game inspired by one of Molydeux’s tweets — in two days, start to finish. The idea spread quickly and, within days, local events were planned in more than 30 cities worldwide.
The end result: nearly 300 insane games of wildly varying quality from 900 participants, with more trickling in daily.
It won’t be for everyone, and that’s totally okay. Indie games often won’t appeal to the Call of Duty crowd, just like most Taylor Swift fans won’t listen to Hüsker Dü. Good things happen when you stop worrying about what’s marketable, and just make something you believe in.Not every game works — they were made in 48 hours, after all — but it’s surprising how many do.
So much of what I love about the indie gaming scene is embodied in the MolyJam event. It’s daring, creative, silly, and not afraid to fail. More and more, I find myself drawn to this world, even though I’ve never made a game, and I think it all comes back to what I love about the web.
Rise of the Indie
Indie games are in the middle of a renaissance right now, a Cambrian explosion of creativity enabled by the internet. Digital distribution platforms including Steam and the App Store have lowered the barrier to entry for indies, while crowdfunding sites like Kickstarter have reduced the importance of traditional publishers for funding projects.
Combined with a litany of complaints about the mainstream gaming industry, from exploitative working hours to the lack of creative and financial control, talented game developers are increasingly choosing to strike out on their own.
It’s resulted in a cultural movement, with commercial blockbusters like Minecraft, Braid and Super Meat Boy coming from small teams of one or two people, with even smaller budgets.
In some ways, this is a return to form for the gaming industry. Many games from the 8-bit era were created by a single developer who handled all the code, art and sound.
As graphics and audio capabilities grew, so did the budgets and team size. Larger budgets meant more risk, which directly hampered experimentation. Like the film industry, the gaming industry’s seen its own shift towards sequels and licensed brands instead of innovative, original works. (All ten of last year’s best-selling games were sequels.)
The indie gaming movement is a direct challenge to the old way of doing things.
Finding the Niche
It seems like the web’s going through a similar cycle of growth, stagnation, and disintermediation.
Fortunately, web developers have never faced the same publishing and distribution middlemen that games, television, and film were forced to deal with. The only major gatekeepers now are the entrenched social networks.
It seems like the web’s losing some of its original experimental glow. There’s no shortage of people making awesome stuff online, but I can’t shake the feeling that much of the interesting creative coding is now happening elsewhere — mobile, gaming, physical computing. For new entrepreneurs, the landscape couldn’t be better. Lean startups composed of very small teams are bootstrapping or joining incubators like Y Combinator in lieu of traditional funding, allowing them more creative control while retaining greater ownership of their work.
But the ultimate goal of a startup is making money, not art. For me, the most exciting part of the indie gaming movement is that commerce still feels secondary to making something innovative, fun, and creatively interesting.
In the last few years, it seems like the web’s losing some of its original experimental glow as it’s matured. There’s no shortage of people making awesome stuff online, but I can’t shake the feeling that much of the interesting creative coding is now happening elsewhere — mobile, gaming, physical computing.
Part of this could be market forces; there could be less experimentation when lots of money is getting thrown around. Or maybe the web is just losing its appeal in a universe increasingly ruled by native apps.
Maybe, like the desktop metaphor, the web has served its purpose and it’s slowly being replaced by platforms that solve these problems more effectively. Bookmarks, location bars, URLs, extensions, and even the browser itself will be abstracted away, hidden from view for a better user experience, as most people flock to walled gardens on simplified tablets and mobile devices.
All of that may be true. But it feels like it’s set the stage for a new indie movement, focused on using the web as an expressive creative medium over a commercial one. The tools at our fingertips are incredible: WebGL, WebSockets, Node.js, browser geolocation, standardized audio and video, among many others. And it’s easier than ever to get your work in front of an audience who cares: the people who still love the quirky indie web and everything it stands for.
It won’t be for everyone, and that’s totally okay. Indie games often won’t appeal to the Call of Duty crowd, just like most Taylor Swift fans won’t listen to Hüsker Dü. Good things happen when you stop worrying about what’s marketable, and just make something you believe in.
We already have the tools, the distribution, and the audience. We even have our own gamejams; the tech world pioneered hack days for this kind of experimentation years ago.
Now we just need our own Peter Molydeux — someone with audacious, ridiculous ideas to inspire new vectors of awesomeness from the rest of us.
I originally wrote this column over at Wired back on March 13 about my experience with patents at Yahoo, but forgot to republish it here on Waxy.org in my permanent archive.
This article received a bigger response, hands-down, than anything I’ve written for Wired so far, resting at the top of Techmeme for a full day, with widespread coverage from The Telegraph, The Verge, Fox News, and Business Insider. (That’s a good signal you’ve written something notable: when competing tech magazines start linking to your work.)
Almost two weeks later, I’m still angry but happy that the column ignited such a powerful discussion about the patent issue. I’m especially pleased that “weaponizing patents” is entering the lexicon; articles like these use the phrase without mentioning me at all. Awesome.
Anyway, if you hadn’t seen it, I hope you enjoy it.
❖
While most of the tech world was partying at South by Southwest in Austin yesterday, Yahoo announced it was filing a lawsuit against Facebook for allegedly infringing on 10 patents from their 1,000+ patent warehouse.
I’m no fan of Facebook, but this is a deplorable move. It’s nothing less than extortion, expertly timed during the SEC-mandated quiet period before Facebook’s IPO. It’s an attack on invention and the hacker ethic.
In the interest of full disclosure, I have a small supporting role in this story. None of the patents I co-invented are cited in the Yahoo complaint, but a handful of applications I worked on with Yahoo were granted patents, weaponized now to use against people like me.
Here’s how the process worked, in my case:
In 2005, Yahoo acquired Upcoming.org, the collaborative events calendar I’d launched two years before.
Back then, the Web 1.0 behemoth seemed on the verge of turning things around. A series of smart moves — high-profile hires, the Oddpost and Flickr acquisitions, the launch of the Yahoo! Developer Network, and their Research Lab — was breathing new life into things. Two months after we were acquired, Del.icio.us and Webjay joined us in the Yahoo fold.
After we moved in, we were asked to file patents for anything and everything we’d invented while working on Upcoming.org. Every Yahoo employee was encouraged to participate in their “Patent Incentive Program,” with sizable bonuses issued to everyone who took the time to apply.
Now, I’ve always hated the idea of software patents. But Yahoo assured us that their patent portfolio was a precautionary measure, to defend against patent trolls and others who might try to attack Yahoo with their own holdings. It was a cold war, stockpiling patents instead of nuclear arms, and every company in the valley had a bunker full of them.
Against my better judgement, I sat in a conference room with my co-founders and a couple of patent attorneys and told them what we’d created. They took notes and created nonsensical documents that I still can’t make sense of. In all, I helped Yahoo file eight patent applications.
Years after I left I discovered to my dismay that four of them were granted by the U.S. Patent and Trade Office.
I thought I was giving them a shield, but turns out I gave them a missile with my name permanently engraved on it.
I was naive. Even if the original intention was truly defensive, a patent portfolio can easily change hands, and a company can even more easily change its mind. Since I left in 2007, Yahoo has had three CEOs and a board overhaul.
The scary part is that even the most innocuous patent can be used to crush another’s creativity. One of the patents I co-invented is so abstract, it could not only cover Facebook’s News Feed, but virtually any activity feed. It puts into very sharp focus the trouble with software patents: Purposefully vague wording invites broad interpretation.
In their complaint, Yahoo alleges that Facebook’s News Feed violates “Dynamic page generator,” a patent filed in 1997 by their former CTO related to the launch of My Yahoo, one of the first personalized websites. Every web application, from Twitter to Pinterest, could be said to violate this patent. This is chaos.
Software patents should be abolished, plain and simple. Software is already covered by copyright, making patent protection unnecessary.
Ask any programmer — developing software is as creative and unique as writing poetry.
Yahoo’s lawsuit against Facebook is an insult to the talented engineers who filed patents with the understanding they wouldn’t be used for evil. Betraying that trust won’t be forgotten, but I doubt it matters anymore. Nobody I know wants to work for a company like that.
I’m embarrassed by the patents I filed, but I’ve learned from my mistake. I’ll never file a software patent again, and I urge you to do the same.
For years, Yahoo was mostly harmless. Management foibles and executive shuffles only hurt shareholders and employee morale. But in the last few years, the company’s incompetence has begun to hurt the rest of us. First, with the wholesale destruction of internet history, and now by attacking younger, smarter companies.
Yahoo tried and failed, over and over again, to build a social network that people would love and use. Unable to innovate, Yahoo is falling back to the last resort of a desperate, dying company: litigation as a business model.
That it’s Yahoo makes it even sadder. The complaint isn’t really wrong when it asserts that: “For much of the technology upon which Facebook is based, Yahoo! got there first.”
But being first with something generic that would have been invented by someone (like the wheel) — as opposed to something few could have imagined (like the Segway) — is a big difference.
Ask any start-up CEO — execution is everything.
As the fictionalized Mark Zuckerberg says in The Social Network, “If you guys were the inventors of Facebook, you’d have invented Facebook.”
Last Friday, a YouTube user named eeplox posted a question to the support forums, regarding a copyright complaint on one of his videos. YouTube’s automated Content ID system flagged a video of him foraging a salad in a field, claiming the background music matched a composition licensed by Rumblefish, a music licensing firm in Portland, Oregon.
The only problem? There is no music in the video; only bird calls and other sounds of nature.
Naturally, he filed a dispute, explaining that the audio couldn’t possibly be copyrighted.
The next day, amazingly, his claim was rejected. Not by YouTube itself — it’s unlikely that a Google employee ever saw the claim — but from a representative at Rumblefish, who reviewed the dispute and reported back to YouTube that their impossible copyright for nonexistent music was indeed violated.
Back at YouTube, eeplox found himself at a dead end. YouTube now stated, “All content owners have reviewed your video and confirmed their claims to some or all of its content.” No further disputes were possible, the case was closed.
Whether caused by a mistake or malice, Rumblefish was granted full control over eeplox’s video. They could choose to run ads on the video, mute the audio, or remove it entirely from the web.
A History of Screw-Ups
On Sunday night, Reddit took notice. Within hours, the thread was on the homepage, commenters were freaking out and, to his credit, Rumblefish CEO Paul Anthony was fielding questions in an IAmA interview until 2:30am.
His argument: One of Rumblefish’s Content ID reps made a mistake by denying the dispute, and they released the claim on Sunday night. “We review a substantial amount of claims every day and the number is increasing significantly,” said Anthony. “We have millions of videos now using our songs as soundtracks and keeping up is getting harder and harder.”
This is the latest in a long series of foibles or outright abuses of YouTube’s Content ID system. Content ID was intended to help copyright holders manage the chaos of YouTube. They’d provide copies of their audio and video for analysis, which would then algorithmically match newly-uploaded videos. If a match was found, rightsholders could automatically block the video or, increasingly, claim money from video advertising.
Content ID’s monetization was a huge boon for copyright holders. Uploaders could keep their videos online, while copyright holders profited from the creative reuse of their work.
The problem is that media companies and scammers are using Content ID as an end run around the DMCA.
With the DMCA, the process works like this. A rightsholder could file a claim against a video with YouTube, and YouTube would immediately take the video offline. If there was a mistake, the uploader could file a counter-notice. The video would then be restored by YouTube within 10-14 business days of the counter-notice, unless it went to court.
It wasn’t perfect, by any means, but it was fair. Disputes could always be appealed, and both parties were given equal power. And if a claimant lied about owning the copyright to the material in question, they could face perjury charges.
The current system, led by Content ID, tips the balance far in favor of the claimant.
Rumblefish never needed to prove they were the copyright holder, but were still given ultimate control over the video’s fate. Uploaders can dispute claims, but the only people reviewing claims are the Content ID partners that filed the claim in the first place, who are free to deny them wholesale.
A Simple Fix
The solution is simple: if a copyright holder wants to pursue a disputed Content ID match, they should file a DMCA claim. That’s the only way to guarantee their rights, and make the copyright holder legally responsible for telling the truth.
In fact, this is exactly how YouTube says that Content ID “fair use” claims should work. In practice, this doesn’t appear to be true any longer. Content ID partners, of course, can file a DMCA notice at any time, but why bother if they can reject the counter-claims themselves?
(Preferred partners like Universal Music Group can go a step further and block videos directly without filing a claim.)
This problem has been on YouTube’s radar for at least two years, but it’s only getting worse as unsavory companies discover this nascent business model. Claim copyright on media you may or may not own, and let Content ID do the rest.
By letting Content ID partners have the final word, and not trusting their own users, YouTube is violating its trust with its community and damaging fair use in the process.
Update
I originally published this article over at Wired, where a commenter pointed out that this process may actually violate YouTube’s “safe harbor” granted through the DMCA. If they choose to ignore disputes, they’re effectively giving content providers an end run around fair use and the DMCA.
It seems like by providing the Content ID system, Youtube was trying to pre-emptively identify copyrighted material, like a first-pass dispute system. Their lawyers probably concluded that so long as the content ID system falls back onto DMCA takedown procedure, they are still in compliance with the DMCA sufficiently to retain their safe harbor.
So if Content ID claim disputes do not fall back onto DMCA takedown, as Andy’s article suggests, there’s a case to be made that YouTube no longer has liability protection from users. It is a whole another can of worms to analyze what a legal claim against youtube would look like. You’d have to look at the YouTube Terms of Service (i.e., the contract) to see if maybe they contracted around this problem already, you’d have to figure out damages, etc etc. Or I guess you can just raise a shitstorm and that’s enough of a moral victory.
In a Google+ comment last December, senior copyright counsel for Google and former EFF staff attorney Fred von Lohmann acknowledged the problem.
Yes, we’re aware of that problem in the Content ID dispute process and are looking at what we can do to fix it. It’s the result of a complicated collision of how to handle geographically limited Content ID claims, disputes, and global DMCA removals. Turns out to be a hard problem to figure out. But we’re thinking on it.
Virginia law student Patrick McKay got in touch with Annie Baxter, a public relations manager at YouTube, about this issue.
This is one of those corner-case outcomes that emerges from several different rules, none of which was intended to yield the result you’ve encountered (i.e., DMCA takedowns are global, but Content ID ownership claims are territorial). Unfortunately, addressing it YouTube-wide is going to take some time, both for pondering and implementing.
So while we can promise you that we’re thinking about this, we can’t promise you a fix or time-table. And feel free to tell the OVC we’re looking at it and trying to come up with something.
In the meantime, anyone in the Content ID program is offered free rein to claim copyright on your videos and profit directly from them. I’m hoping this gets cleared up soon.
