Dr. Judith L. Klavans
Director, Center for Research on Information Access
Research Scientist, Department of Computer Science
Columbia University
535 West 114th Street, MC 1103
New York, NY 10027
Phone: 212-854-7443
Fax: 212-222-0331
Email: klavans@cs.columbia.edu
URL: http://www.cs.columbia.edu/~klavans/home.html
Interdisciplinary Perspectives on Technology Issues
for Terms and Conditions
Judith L. Klavans
Resolution of intellectual property issues raised in the digital age
have created an environment in which experts from several disciplines
are coming together to identify common ground in order for progress to
be made. The necessity for common definitions, common goals, and
common understanding is creating major road-blocks to pressing needs
of both providers and users of electronic information, needs which
must be satisfied quickly as pressures increase. More and more people
have access to digital technology, both for the creation and use of
information, and more and more pressure is created by this access.
An interdisciplinary workshop was held on September 24-26, 1996 at the
Arden Homestead conference facility of Columbia University to bring
together experts from the fields of law, publishing, technology,
libraries, economics, and policy. The workshop was organized by
Judith L. Klavans, Director of the Center for Research on Information
Access of Columbia University and James R. Davis, Research Scientist,
of Xerox PARC. It was funded by the Division of Information, Robotics
and Intelligent Systems of the Directorate for Computer and
Information Science and Engineering at the National Science
Foundation.
The goal was three-fold: (1) to bring together leaders and experts
from several disciplines to explore perspectives and pressing issues
in intellectual property as viewed from different positions; (2) to
formulate a set of common priorities for research and development
proposals; and (3) to take a leading role in suggesting to funding
agencies directions for research as seen from these various
perspectives. In addition to these three larger goals, the technology
experts attending were also seeking guidance and information on how to
formulate technical languages for expressing these needs; such
formalisms are essential both to express requirements on users (for
example, who can access the data, e.g. students, alumni, anyone), and
to express conditions on use (for example, can the data be just
viewed, copied, freely distributed).
The results dealt with perspectives and implications for:
- The development of computing systems:
It appears that computing systems which are built on the premise of
explicit resolution of possible semantic ambiguities will need to
adapt to the needs for explicit vagueness and intentional ambiguity
inherent in legal formulations of terms and conditions.
- The resolution of legal issues:
Input from the legal community defines the basis for measuring
legal acceptability as it applies to policy, interpretation,
and technical formulation of languages. However, the legal
community has kept intentional ambiguity with explicit interpretation
in formulating law. A wide range of possible interpretations
will have to be spelled out by the legal community in order for
the technical community to begin to accomodate to legal specifications.
- Decisions on ownership levels by publishers:
Publishers vary in their approaches to giving electronic access; some
are willing to negotiate and others are firmly holding ownership
in all formats. The situation faced by libraries is forcing
the formation of licensing consortia which is in turn affecting
the decisions of publishers. Licensing variations create challenges
for the explicit formulation of a language for terms and conditions.
- Effective measures to respond to pressures due to economic factors:
How we sort out legal and technical issues will either feed or disrupt
the economic engine. The pressures of both large business forces and
significant educational and library forces are pushing in opposing
economic directions. Even browsing is an economically significant
activity which may well undermine the economic life of the work.
- International perspectives:
In developing rights management technology, it is essential to talk
with experts from other countries to understand: interpretation of
moral rights, legal differences, cultural distinctions in use, as well
as technological matters. The goal of recent legislative efforts is to
establish some minimal norms which apply at the international level.
- The incorporation of user testing at all stages:
Since many communities must be satisfied by whatever technology is
developed, it is critical for representatives of these communities
to be involved in early input to and testing of technology.
- Community attitudes and acceptance:
Since the digital age has imposed enormous change in a very short period
of time, and since people tend to be slow to accept change, the only
way to achieve acceptance of new legislation, new technology, or
new policy is to introduce change incrementally. This principle
must be kept in mind as new developments shake the reality that
people rely on.
A full list of attendees and information can be found at
http://www.cs.columbia.edu/~klavans/Cria/Current-projects/TermsConditions/workshop.html which is reachable via the CRIA home page
http://www.cs.columbia.edu/~klavans/cria.html.
The workshop was intended to explore strategic visions to shape the
future in terms of research and development. To this end, the final
session of the three-day meeting was devoted to answering the following
questions:
- In your field what concrete solvable problems do you see coming
forth in the areas discussed during the workshop? The problems could
be in any area, not only ones represented at the meeting. The goal
was to identify research projects which participants think should take
place.
- Which people from which fields should be involved in working on
those projects in order to best solve the problems for the projects
identified? What would participants like to see happen? Who should
work on these projects?
- What are the problems in implementation? The question of
implementation was not limited only to the technologists in the group,
but also was of concern to the educators and to those who shape
policies.
Among projects identified were: the interface between contract law and
copyright interface, the understanding of how information is priced
in the networked environment, the role of ambiguity in
interpretation, economic issues, privacy, how users know what
bundle of rights they have and the means and advantages for
contracting away from those rights, education on technology and the
law, education on technology and publishing, technical implementations
which are sophisticated and intelligent, interoperation, taxonomies of
fair use, social issues and behavior around terms and conditions, and
metadata implementations to support privacy and dynamically updatable
information.
The workshop was an opportunity to bring together leaders in several
disciplines, including publishing, libraries, economics, computer
science, law, and policy to focus on pressing needs which must be
resolved before technical languages for coping with terms and
conditions can be formulated. A workshop report in the Digital
Library series will summarize the conference procedings and
recommendations.
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