26/04: World Intellectual Privateers Day 2009a global challenge to the continuedspread of intellectual property rights

the electrohippies are calling upon people around the globe to celebrate World Intellectual Privateers Day on April 26^th 2009. In a concerted action across the Internet, we call upon people to select a piece of information or other creative work which should be in the public domain, but which is chained by the rules of intellectual privateering rights (IPRs), and to re-appropriate it for the people of the world to share in common by publishing it as widely as possible on-line.

Quick links:

• electrohippies communiqué 20090409 –
  outlines the issues related to the World Intellectual Privateers Day action/campaign.
• electrohippies Paper Q1, April 2009.
  "Intellectual Privateers"
  Intellectual property rights in the "digital age"
  The scope of intellectual property rights – both the powers used to prosecute infringement and the level of harassment that many people receive to pay to use "intellectual property" – has grown in tandem with the mass adoption of the Internet. In this paper we look at this process, and at the effect this has on the "information commons". more»
• WIPO's 'World Intellectual Property Day' web site –
  information about the "the other" day from WIPO's web site.
• World Intellectual Privateers Day – reports
  If people send us details of "re-appropriated" works we'll try and link to them from here.

A 'legal health' warning

This is not a campaign against the concept of intellectual property rights; nor it is a campaign to promote the piracy of private works; it is instead a campaign against the continual extension of intellectual property rights to restrict the availability of information in the public domain, and the recent use of technological measures in order to restrict people's ability to use digital information.

Note that we're not telling you what to "re-appropriate", or what criteria you should use to justify your actions, and nor are we offering to host your work(s). Most importantly, we're not offering legal advice either! But we have to be clear about this: this is an act of civil disobedience, where we will be flouting the present law on intellectual property rights in order to make a point about those very same laws – taking part in this action could get you into some real legal trouble!

However, we're not doing this because it's difficult or troublesome, but because it's right. No one in the mainstream of the media and politics is representing the view that the continued extension of intellectual property rights is wrong. Also, because of the financial power of the intellectual privateering lobby, it's not possible to easily sway the meainstream media (who have an interest in strengthening the law in any case) and politicians on this issue – so it's up to us, through more direct means, to make a start in this process before we lose all access to our culture!

The idea

First of all – make sure that you read the two documents that accompany this action so that you understand a little more about what and why we're mounting this campaign –

• electrohippies communiqué 20090409 –
  outlines the issues related to the World Intellectual Privateers Day action/campaign.
• electrohippies Paper Q1. "Intellectual Privateers" – examines how the scope of intellectual property rights has grown in tandem with the mass adoption of the Internet, and what we can choose to do about it.

The concept of the day is quite simple: Take a report, piece of information, image or picture that you believe is being inappropriately chained in intellectual property restrictions (we advise that you concentrate on copyright-protected works only – anything else is legally difficult to justify).

We suggest the following tests to see if you have a valid case for putting this information into the public domain (most significant first):

• Was the work created using public funds?;
• Was the work created to support the work of local government, law enforcement, or other public bodies (or their consultants/contractors) in the execution of their duties?;
• Does the work raise significant issues of public health or well-being, environmental pollution, human rights or the abuse of the law/legal powers by any person/organisation?;
• Has the work been used to justify public policy changes? (whether enacted or not).

If your work ticks most of these points, we'd suggest that you might consider risking your own legal well-being to put this information into the public domain. If it's only one point at the bottom end of the list then you should really think carefully if it's worth it. Please note: we're not suggesting these tests should guide your choice – what we've tried to get you to consider in thinking about these tests is whether your actions are proportionate to the potential harm that keeping the information bound in intellectual property presents (you may, for example, produce a list of tests that are based on artistic criteria rather than the public/environmental/human rights policy ideas that interest the electrohippies).

The other important element in this action is that you email the World Intellectual Property Organisation and tell them what you've done!
(the email address is WorldIPDay@wipo.int).

The purpose of this is, in response to their "World Intellectual Property Day" event, to make it clear that their fundamentalist view of intellectual property rights does not represent all opinion on the globe – in order to challenge their world view it's important that individuals make their own representations to WIPO.

Let us know

If you "re-appropriate" a work and publish it (on-line, or otherwise) please let us know – email ehippies@fraw.org.uk (if on-line, send us the address and we'll link to it from the 'gallery' below).

However, please note that we believe in "open and accountable" action – no pseudonyms, anonymous postings or proxy servers! In order to create change we believe that it is necessary to stand and make a case – to do that you have to stand as an individual or a group of people, not a ghost!

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Reports from the action

On April 26^th, we'll publish any details that people send to us here.

Note that the electrohippies are planning to release something a little "unusual" which we hope will rustle a few feathers – we can't release details before the 26^th in case we receive an injunction.

Note that we'd also like to hear anyone who receives and legal approaches as a result of their "re-appropriation" of works.