punkish: A lawyer, a scientist, and a kid walk into a makerspace

name: intro
class: center, middle

# A lawyer, a scientist, and a kid walk into a makerspace
## only one makes something

iKNOW Conference, TU Graz • October 2015

Puneet Kishor

Released under a [CC0 Public Domain Dedication](https://creativecommons.org/publicdomain/zero/1.0/).

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notes here

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<table>
	<thead>
		<tr>
			<th width="30%"></th>
			<th width="40%">formal academy</th>
			<th width="40%"></th>
		</tr>
	</thead>
	<tbody>
		<tr>
			<td>Scientists</td>
			<td> 
				<ul>
					<li>universities</li>
					<li>research agencies</li>
					<li>private firms</li>
				</ul>
			</td>
			<td>
			</td>
		</tr>
		<tr>
			<td>Content</td>
			<td>
				<ul>
					<li>lectures</li>
					<li>books</li>
				</ul>
			</td>
			<td>
			</td>
		</tr>
		<tr>
			<td>Infrastructure</td>
			<td>
				<ul>
					<li>labs</li>
					<li>instruments</li>
					<li>commercial and open source software</li>
				</ul>
			</td>
			<td>
			</td>
		</tr>
		<tr>
			<td>Reputation</td>
			<td>
				<ul>
					<li>exams</li>
					<li>degrees</li>
					<li>papers (citation impact factor)</li>
				</ul>
			</td>
			<td>
			</td>
		</tr>
		<tr>
			<td>Community</td>
			<td>
				<ul>
					<li>conferences and workshops</li>
					<li>usually very expensive, and requiring an affiliation with an institution</li>
				</ul>
			</td>
			<td>
			</td>
		</tr>
		<tr>
			<td>Intellectual Property Framework</td>
			<td>
				<ul>
					<li>copyright</li>
					<li>patents</li>
					<li>MTAs</li>
					<li>norms</li>
				</ul>
			</td>
			<td>
			</td>
		</tr>
	</tbody>
</table>

???

for the past 30 years, I have been a member of what I would call the formal academy, really no different from you all. And as a member, I have experienced, at one time or another, each of these parts of the formal academy. I have been a scientist, used and prepared content, benefitted from the infrastructure, gathered and even lost reputation, enjoyed the community, and run into IP issues. I have experienced all that as I have been a participant in the scientific information lifecycle.

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## Scientific Information Lifecycle

???

We can start this cycle anywhere, which is why it is called a "cycle." But let's start at research wherein we discover, access, and use information. We do our due diligence which helps us understand the keys issues in our field, and hopefully makes us curious about a particular aspect that we want to study further. We create a hypothesis and devise and experiment.

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## Scientific Information Lifecycle

???

In the course of that experiment, we create new information. We measure and collect data, analyze it, and visualize it. To do so, we use instruments (machines, sensors, surveys) and software. This helps us arrive at some conclusion which we then…

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## Scientific Information Lifecycle

???

Publish. This act requires us to document, archive, and advertise our results which are hopefully then…

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## Scientific Information Lifecycle

???

Discovered by another researcher, and the cycle continues.

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## Scientific Information Lifecycle

???

We have all heard of Open Access (OA). The focus of OA is on this part. My problem with OA is not that it is bad in itself. It is actually a very good thing because it ensures, or at least tries to ensure, that the results of science are available to everyone with the least amount of impedance. My problem with OA is that…

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## Scientific Information Lifecycle

???

other parts of the scientific information lifecycle are neglected. As you can see, two-thirds or even more of science is neglected because of the focus on OA.

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## The Problem With Focusing on Copyright

- thinking about protection as opposed to sharing
- reinforcing the role of intellectual property
- promoting permission culture as opposed to an acknowledgement culture
- takes energy and focus away from science

???

As you can see, there are just things that are fundamentally wrong when we start thinking of copyright.

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## Enclosures

- physical (walls, security IDs)
- legal (licenses and contracts)
- technological (DRMs)
- community (societies, clubs)

???

Part of the reason we tend to think about copyright so much is that the formal academy is defined by enclosures. After all, you can only recognize something by the boundary of it with something else, and the formal academy excels at defining these boundaries.

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Members - if you answer the door and let someone in, YOU ARE RESPONSIBLE FOR THEM! … if YOU let someone in, they are YOUR problem

???

Here is a photo of a sign I saw at a makerspace at a world famous university. To me this is really emblematic of the problem I am trying to explain. You see…

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## Science Inside Enclosures

### Outsiders are a problem

???

In a science defined by enclosures, outsiders are a problem. Let's now talk about…

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# Science Outside Enclosures

> don’t let college get in the way of your education

???

The old saying that "don't let college get in the way of your education" has some element of truth to it. I am actually very pro-schools, and I have loved my time at all the schools, colleges and universities I have been a part of, but it is very interesting that…

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## Everything Useful I Learned Was Outside School

### programming
### policy
### practice

???

From programming, first Perl (remember that?), then SQL, HTML, CSS, and now JavaScript, everything about geographic information systems (GIS), spatial databases, statistical analysis with R, RESTful APIs, and now text and data mining (TDM), everything single computing technology I know I've learned on my own, not in a classroom.

Similarly, I've never taken a class in science information policy (there is no such thing that I've seen taught anywhere). But I am advising, consulting and helping formulate policies at the national and international levels.

I am, of course, not a lawyer, and yet I have spent the past eight years working at the interface science and intellectual property (IP) law.

---

<table>
	<thead>
		<tr>
			<th width="30%"></th>
			<th width="40%">formal academy</th>
			<th width="40%">informal academy</th>
		</tr>
	</thead>
	<tbody>
		<tr>
			<td>Scientists</td>
			<td> 
				<ul>
					<li>universities</li>
					<li>research agencies</li>
					<li>private firms</li>
				</ul>
			</td>
			<td>
			individuals like you and me<br>
			<i>well, at least me</i>
			</td>
		</tr>
		<tr>
			<td>Content</td>
			<td>
				<ul>
					<li>lectures</li>
					<li>books</li>
				</ul>
			</td>
			<td>
				<ul>
					<li>MOOCs</li>
					<li>DIY videos</li>
					<li>tutorials</li>
				</ul>
			</td>
		</tr>
		<tr>
			<td>Infrastructure</td>
			<td>
				<ul>
					<li>labs</li>
					<li>instruments</li>
					<li>commercial and open source software</li>
				</ul>
			</td>
			<td>
				<ul>
					<li>hacker- and maker-spaces</li> 
					<li>open hardware and sensors</li>
					<li><strike>commercial and</strike> open source software</li>
				</ul>
			</td>
		</tr>
		<tr>
			<td>Reputation</td>
			<td>
				<ul>
					<li>exams</li>
					<li>degrees</li>
					<li>papers (citation impact factor)</li>
				</ul>
			</td>
			<td>
				<ul>
					<li>karma points</li>
					<li>online reputation votes</li>
					<li>software commits</li>
				</ul>
			</td>
		</tr>
		<tr>
			<td>Community</td>
			<td>
				<ul>
					<li>conferences and workshops</li>
					<li>usually very expensive, and requiring an affiliation with an institution</li>
				</ul>
			</td>
			<td>
				<ul>
					<li>volunteer-organized (un-)conferences</li>
					<li>online forums</li>
					<li>user-groups</li>
				</ul>
			</td>
		</tr>
		<tr>
			<td>Intellectual Property Framework</td>
			<td>
				<ul>
					<li>copyright</li>
					<li>patents</li>
					<li>MTAs</li>
					<li>norms</li>
				</ul>
			</td>
			<td>
				<ul>
					<li><strike>copyright</strike></li>
					<li><strike>patents</strike></li>
					<li><strike>MTAs</strike> </li>
					<li>norms, and hopefully nothing else</li>
				</ul>
			</td>
		</tr>
	</tbody>
</table>

???

As it happens, this world outside the boundaries, let's call it the **informal academy**, has an analog for every building block that makes up the formal academy.

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## Science Outside Enclosures

### Outsiders are an asset

???

Most importantly, since everyone is an outsider in this world, outsiders are an asset.

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