[Nettime-bold] More utter genius from futurefeedforward

[Bruce Sterling <bruces@well.com>]

February 8, 2011


New MS Word Feature Checks Files for Copyright Infringement


REDMOND--A bundle of feature updates and add-ons released
Monday to subscribers of Microsoft's popular word-processor
service Word includes a new digital rights management, or "DRM",
feature designed to facilitate the use of copyrighted material
in documents written using the service.

"We're very excited about the new [copyright advisor] tool,"
explains Microsoft VP of Circumstantial Features Edmund Raunch.
"For hundreds of years there's been a lot of legal uncertainty
surrounding the writing process.  How would you know, for example,
 if what you were writing was infringing somebody else's copyright
unless you knew everything that had already been written.  Well, we've
tackled that uncertainty and just blown it away."


Known informally as "the Mouse," the feature involves a
context-appropriate pop-up avatar in the likeness of Disney's
famous cartoon character.  "Disney actually approached us
concerning a branding alliance on the feature," explains
Raunch.  "They're very dedicated to the whole copyright and
rights management issue and wanted to be actively involved in the
development of the Advisor."

The advisor works in much the same way as conventional
spell-checking and grammar-checking features, monitoring
documents on-the-fly as they are created and flagging any
potential problems for the user.  Once a potentially infringing
passage is identified, the Advisor materializes and offers a
number of options, including suggested, non-infringing
re-phrasings, and an option to pursue automated negotiation for
a licensing micro-payment to cover the use of the copyrighted

material.

The advisor identifies potential infringement by checking
documents against those stored in a centralized registry
database maintained by the company.  The registry also functions
as a clearinghouse for licensing transactions involving
registered materials.  "We're very happy to offer registration
in the Advisor's database free of charge to content creators,"
notes Raunch.  "We recover our costs by taking a small slice of each
of the licensing transactions."

During a feature demonstration, the advisor proved adept at
identifying direct copying, noting almost instantly that "Call
me Ishmael" was taken from Moby Dick, a book once, but no longer, in
the public domain.  In a cheerful voice, Mickey suggested
alternatives, including "My name is Ishmael" and "Call me
Ichabod," and also offered to license the phrase for 8 cents in
fewer than 50 copies of the document.

More impressive was the advisor's ability to identify potential
"derivative uses," including creation of sequels and so-called
"fan fiction."  With fewer tell-tale details than the words
"Kirk," "logic," and "pointy ears," Mickey was able to suggest
that we seek license from Paramount for creation of a work
derivative of its Star Trek franchise.

The feature is not without its critics, many of whom emphasize the
Advisor's power to delete unlicensed language it deems to
infringe another's copyright.  "This is putting too much power in
the hands of Microsoft," notes Information Without Borders
director Janet Pullet.  "The advisor enforces their view of
copyright law, and that may be much more limiting of traditional
fair use rights than even current law is."

Responding to critics, Microsoft's Raunch pointed to the
company's obligations under recent extensions to the Digital
Millennium Copyright Act:  "I'm not a lawyer, but from what I
understand, word processors are considered 'circumvention'

devices because you can type in any document you want and just save
and copy it.  Because of that, we're obligated, by law, to enforce
copyright to the extent technically feasible, and that's just
what the Advisor does."


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