Monthly Archives: August 2006

Blogging 311 – Collective and Transformed, Copyrightable Expressions as Memes

Harems are memes

It’s actually a very complex topic and I’m not sure I can give it the right treatment right now, without having done all the research I want to. Treat this as an outline I suppose.

But somewhere between the shuffle of the internet, from one viral marketing tool to another, the evolution of Web 2.0, and attention whoring on YouTube or MySpace, there is something going on. Lessig calls it a war, but I think it’s a lot more subtle than that–although it is pretty serious. However, while the war (or whatever you call it) may wage on, there are some players who are the key to understand why it’s an important conflit. Memes are one of them.

For the sake of simplicity, we’ll define and call this construct a “meme” in that it is a icon, like words in a language, that symbolizes and trigger a set of experiences, ideas, and/or emotions. These are powerful currencies that brings us to laughter, to sadness, to help us remember.

1. Memes are powerful, compact, concise devices to invoke elaborate and complex ideas and shared experiences.

As time become increasingly valuable in certain societies and cultures, and as well as the size of our communication devices for mass media shrink over time (not to mention our attention span), it is increasing important to be able to deliver large amount of content over a small area. A picture is worth a thousand words, so they say–that’s why motion pictures and television are powerful? Memes, audio, audiovisual, visual, slogans, simple words, emoticons, or even body language become common methods to express large amount of data over a short time. It’s got the phat pipes, so to speak. And unlike latin or calculus, it is widely disseminated and fast to learn.

2. Increased mobility and intake demands concise and short informational exchanges

In terms of blogging, memes are both the bait and the hook. In some ways it is just another channel to communication and disseminate. Soap box where people can talk back at you. Slashdot is probably the best example. For me, 2ch, 4ch, SA, Wikipedia, Xanga, MySpace, what have you. However the juicy morsels of entertainment and education that draw us to those sites are what memes are made of. Snakes on a Plane? The online craze is unbelievable. Yet that’s what some of us are looking for–good campy movies–to begin with. It just spread like how a meme does.

3. Memes are useful for blogging, blogs create memes.

But speaking of Snakes on a Plane, the obviously stock concept of dangerous creepers in a confined area with a lot of people who can’t leave is hardly copyrightable. In some ways Samuel L. Jackson’s performance involving the various uses of “motherfucking” has more copyrightability (even if it is also not really copyrightable), which is odd. Of course I say this with the disclaimer that don’t take my word for it–the law on the book is fairly settled when it comes to Scene a Faire. Still, it might take a litigation anyways to find out. Can New Line Cinema take on the countless of parodies and references to this cult hit-in-the-making for ages to come? Probably to some success if the money is there. What’s up with the rather high 8.1 IMDB ratings anyways?

4. Memes may use copyrightable or trademarked expressions to get the job done.

5. Derivative claims on memes–not derivative enough too frequently.

If you recall the original flash video for All Your Base Are Belong To Us, you’ll remember a large amount of use of photochopped image ala Photoshop Friday @ SomethingAwful. Parody? Maybe–they’re definitely not making fun of the cultural icons they were using. And you may also recall that’s the reasoning why PA humbled themselves from the Strawberry Shortcake joke they pulled. All these things makes weak, in the context of a fair use defense against copyright infringement, the fair use defense.

And on the topic of Penny Arcade, they’re not a non-profit use per se. I’m not sure if they’ve gone farther with what they’ve had, including PAX and all, but in many ways they’re a profitable entity–enough to subsist Tycho and Gabe’s gaming habits at least. In as much most relevant memes do carry some kind of social value either as criticism, and are often freely traded, they tend to use commercial, copyrighted content that are not news-worthy. There are some that are, such as ones involving 9/11 or the war in Iraq, depending on subject matter.

6. The context in use of memes: commercial, private/public, social criticism, fact/news/fiction. It can affect the fair use defense.

And even though you can’t call AYBABTU a Budweiser ad, or even an ad for an old NES game, it evokes enough of both. What has been transformed? Certainly the images themselves and their contexts, but each of those individual elements were preserved to a sufficient extent that reminds the viewer what they are, to create the juxtaposition necessary for the meme to stick. It’s like noise music in that sometimes you want to preserve the original identity, but it in itself is not the attraction.

7. Transformative nature of memes

There is one big hurdle I think we need to decide, each for yourself. Do you think in today’s mass media society, the pieces of popular culture created and conformed to feed into our feeble minds, belongs to you? Or does it belong to those who created it? Remember, it’s inside your mind.

8. The Lockean balance

9. Redefining the public domain – who owns culture?

I suppose the last question is one that needs to be answered early on. If a movie like Snake on a Plane can be copyrightable, memes would be generally. However what’s the “meme” in SoaP isn’t the film itself, but the shtick and the hype surrounding it.

This is one of the other emerging area of law that is, for the most part, poorly chartered and thought-out. I trace it from the perspective of copyrightable fictional characters (who are some of the best memes themselves, to me). MGM v. Honda is probably the big turning point for it legally, but where does it end?

10. Are memes copyrightable?

I hope this helps you (and me) to focus a bit where the issues are today, and why it is relevant.

Well, why is it relevant? Fanfiction? Doujinshi? AMVs? Even cute little blog posts like Yuribou’s interviews? Why, what about the vibrant fan art or non-fan art that we use, for granted, as avatars, wallpapers, photochopped jokes and e-cards? It all can matter.

And lastly, this is a part of series of entries:


Succulent Simoun

Aeru, Aaeru, Aelle, Achoo, Aru?

Episode 21 leaves me breathless. This year is shaping up to be one of the most exhilarating year in anime for me! Three episodes floored me so far. Can’t wait how many more left just out of the 5 episodes of Simoun alone, not to even mention what’s down the pipe for the next 4 months.

Granted I think my extreme reaction is enhanced by my late buzzing streak on this topic, pent-up stress from school, and the fact that episode 21…has a bunch of things that pushed my button THE RIGHT WAY. Sigh. Only if it wasn’t so spoilerific, I’d just cream it all out there. Maybe I’ll see you (or you see me) at one of these people’s blogs instead?


Summer in Neo Venezia

Aria is the name of my friends’ newborn (well, she’s a month old now). Isn’t that something? Now every time I visit them it’ll remind me of … Aria. Or even when I get their voicemail.

Subs Are Voiceovers!

This summer, life isn’t as peachy as a hazy day living at a watery planet’s clone of Venice on planet Earth. To me Aria is a mood piece. It’s like The Brilliant Green’s older CDs. I just can’t quite get into the groove unless I’ve spent a hard day doing hard work. YMMV, of course, but that’s how it is for me. It’s super-duper good at destressing.

But summer for me is often a time where I am not stressed. It’s not to say the pressure isn’t on (it is especially on this year for a variety of reasons) for me but I just spent too much time watching anime, going to cons, writing about watching anime and going to cons, and dwelling on thoughts about writing or watching or going to anime and/or cons. Work was not so exciting nor productive. All that…dwelling and thinking and going and watching took the edge off.

I mean, I’m buzzed on not just Simoun, but stuff like all the crap coming out of C70. Like Eufonius @ Narcissu 2nd, IOSYS’s craaazy Touhou album, or the new DJ Sharpnel’s PRETTY GREEN ONIONS. Well, all these things can be enjoyed while being buzzed in the head I suppose. (I haven’t tried it, that said.) Now that STC’s crew is back on track with those Aria fansubs, I’ve been so derailed from not watching them that I have a hard time sitting down and watching through an episode.

So, yep, we heat it up, but we also get down. Hottest Otakon Ever. Someone should do an Aria watertaxi cosplay/reenactment next year.

This blog entry is brought to you by Shanghai Shanghai Shanghai Shanghai Hourai Hourai Hourai Hourai (check the crossmix sample mp3 from IOSYS’s page)~


Comic Cosmology or the Future of Doujinshi

YooriStyle

First, that Wired article really needs responding, thx PPP.

Disclaimer aside, the author of that article, Jennifer Granick, is working for Stanford Law School’s Cyber-Law clinic. Did that get me interested? Heh.

I’ve read pieces about doujinshi’s role in the manga-laiden content industry in Japan. I’ve read people shopping for doujinshi in Japan (check out Shingo’s … loot). Now I’ve read the reactionary nudgenudgewinkwink of a law professor’s yaoi doujinshi shopping trip in Tokyo.

Of course, that’s not all. Wired is considered as mainstream press, to me. Doujinshi, however, is not quite a mainstream item even in Japan. It’s the crowning icon of geek fandom, as the semi-annual Comiket is the holy grail of Japanese visual culture fans everywhere. But for us who cares about things like media content cartels and the rights of derivative use of copyrighted works, it’s an anomaly.

Since Suzumiya Haruhi is the top pick for day 3 of Comiket 70, that would make a fine example: Would you allow your fictional creation, the characters, settings, and concept of a juvenile science fiction series to be pasted all over the internet in various form of sexual deviancy? How about the animators and their drawings? The character designers and their designs? The voice actors’ likeness robbed?

Well, I don’t want to know your answer to having your work’s integrity reduced–how about the fact that Shingo spent over $600 on them and a fifth (I didn’t look at his loot pic closely) of the doujinshi he bought ($120) was pornographic, Suzumiya Haruhi doujinshi? Multiply that by, say, 120000 (a rough estimate of attendees on the third day)? Ok I know the numbers are way off and they’re estimates, but it’s still there to make a point: The reality is that in North America, that kind of profit making is not possible; at least not without a big, fat lawsuit attached.

Yet that is just not the case at Comiket, or the doujinshi scene generally. Creators often turn a blind eye to that. The behavior is reinforced when many of the creators themselves are a part of the doujinshi scene. The top two people for the Comiket committee are both professionals in the field; a manga critic and a manga editor for a major publisher. That’s not to mention the number of circles run by people who are professional mangaka, illustrators, designers, animators, etc.

Or the number of “professional” doujinshi circles, for that matter. People can make a living off this? That would be news to me if it didn’t make way too much sense. Even if for the most part doujinshi is inexpensive–usually size of trade paperback comics, and often with some colored pages, each going for about 1000 yen–it also doesn’t take a whole lot to produce one.

And here is where I totally kudos Granick’s second point: a creative environment fosters creative people when they’re allowed to innovate on other people’s intellectual works. It’s a careful distinction I’m making: it’s not about having the bread-cutter and bread so you can invent sliced bread, but being able to use knives, breads, chicken, widgets, and whatever so you can learn how to invent crap as a skill, and being able to make your creation relevant at least to a significant amount of people.

Indie artists and indie comic artists know how hard it is to break in. It’s kind of a serendipitous event that I’m so familiar with Megatokyo, because that could be considered as one of those webcomics that has kinda made it. And how so? It hitched a ride on roads paved by others. At least, if the road construction crew known as Air, Kanon, Martian Successor Nadesico, Bubble Gum Crisis, the concept of shoujo manga, and many other did pass by you, something like Megatokyo might ring a bell.

Indeed, it’s about harvesting that nexus of popular culture in order to web in an audience. It’s totally undeserving, but on the other hand it’s artistic expression at the edge of everything to fill in a vacuum untouchable by the legalities of copyright law and the common practices of copyright IP licensing. Just how do you make a pornographic version of Super Mario Bros crossed with Final Fantasy 7? Yet I’m sure there’s a significant demand for that, you sickos.

The nodnodwinkwink is really just that: America’s content producers and distributors: drop it already. You’re never going to reap where you are never going to sow, so why not let freedom of speech reign? Why not let culture develop like culture does? It fosters creativity! If you worry about integrity, you can still make a point out of that–Japan’s doujin scene is very good about that kind of ethical codes (unlike English-language fansubbers, sadly)! Besides I think any sensible individual knows to keep their Melfoy x Harry Potter yaoi somewhere where the sun don’t shine, and we can just tar & feather those insensible ones anyways.

Second, the future of Comiket.

Talking to a friend who talked to some of the Comiket committee people makes me understand that Comiket itself is just like any other convention structure that you’d expect. Considering the sheer size and the kind of obsessive behavior they have to combat, they actually have quite a tough time. On one hand, the recent years of Comiket had the local riot squad and FD handy at the event, just in case something breaks out; that’s not to mention the scores of security people they hire and the medical people. On the other hand they have to combat things like crime because the overnighters (people who camps out at the Big Sight from the day before) are usually loaded with cash (well, that goes for all the Comiket shoppers), attracting gangsters. Not to mention it’s just a big pain in the ass to anyone who lives near Tokyo Big Sight and the surrounding transit system.

But troubles aside, it’s still the pinnacle and heart of the Japanese doujinshi scene. While doujinshi and the like are sold all year round, in stores as well as in other cons and market gatherings, there’s already that legendary aura around this event. It’s still the de facto commercial end of operations, drawing clubs, circles, veterans and nubz alike. If someone were to pull a calculator and did a net revenue thing, it would yield an impressive number. Even with the fact that the doujinshi scene gets away with rubbing copyright law, it’s becoming a large enough of a thing to worry some corporate interests.

And of course, there’s just a problem with its sheer size. It’s hard to run a con that huge. Otakon capped its attendence in knowing that to run a con that’s even bigger it would require some significant change in its costs, characteristic, venue, and/or organization. From its humble beginning, Comiket went from 750 attendees to its fire-hazardous mass today. The real attendence is sketchy since they’re tallied on a per-day basis, to form a total of 420000 for C70 this past weekend. Obviously a lot of people went on more than 1 day, so there’s a lot of double or triple counting.

Still, one must contemplate the eventual end of Comiket. I’m in no place to guess how it will end and why, but it can’t go on forever. Has it already gone Red Giant? Will it go dwarf or nova next? These are exciting times indeed.


Trying to Beat Tempus Spatium at Izumi Pool, And Miscellany.

\o/

First, some housekeeping items:

  • Before I move on entirely in many ways, here’s a YouTube clip of Ayako Kawasumi’s performance during her panel, at least for a couple questions. You might want to watch your volume a bit. Also the local Baltimore paper has an Otakon aftermath piece you might want to check out, especially those of you who are interested in the, ahem, crossplays. Check out the video/pictures on the right side of the website.
  • As my vacation time winds down I’ll definitely be blogging less–maybe back to my 3-times-a-week schedule, if I can help it.
  • Watch Simoun. Or not.

I was googling and surfing and reading opinions about Simoun here and there today–Simoun is totally on my mind–but one thing that struck me is just how the various Simoun Sibyllae eventually will have to go to the Spring. It made an impact when I realized we could start a pool on this.

If this is any help, here’s a chart to keep you afloat with names and relationships. Keeping ourselves to Chor Tempest (as of episode 19, anyways. And by the way, if you have suggestions and/or corrections for that chart please let me know). I know I need it…

Aeru – 3 to 1. I think it’s just hard to imagine her taking a role that’s gender female; in as much as I think in the end, archetype character design rules would have her more in line with “indifferent” so Onashia could play the Wheel of Gender-Morality game with Aeru. The tomboy speaking pattern would suggest as much at the least.

Yun – 10 to 1. If her speaking pattern, again, is clue for anything, she talks like a very odd … guy. However I think her personality, once stripped of its gender context, is very much also a masculine stance. In some ways being a girl actually seems more befitting Yun’s behavior, so I think it’s just more fun if Yun ends up male. Ultimately, however, I don’t think it’ll make a difference like how it made a difference for Erif.

Dominura – 3 to 1. I can’t imagine exactly how Dominura could be a man, but the only possible way that I can tell is tied with how gender roles are cut within the Simulacrum Theocracy itself. If it is going to be locked up in the way that only men gets the top jobs, then Dominura would gladly make the sacrifice, knowing that it probably won’t make a difference. However, I don’t know if this is truly the case…even if there are some signs of it.

Floe – 1 to 10. She said so as much.

Lodoreamon & Mamiina – Even. I think Lodoreamon is going to be the big surprise for us. In as much as I think her personality and Mamiina’s personality are a match, their social position and upbringings are fairly drastic. As a result I think Mamiina is probably going to stay a girl and Lodoreamon a guy, or vice versa. It depends on which considers play a bigger role in this gender bending mess.

Alti2 to 1. Believe it or not, even if she’s having that Guld Bowman moment with Caimu, Alti is a very perceptive person when it comes to those who she cares for. And those who are really easy to read :) Probably a man, given how Alti is a dolt to those closest to her. I don’t think she’s stupid enough to bank the decision on Caimu though.

Caimu – 2 to 1. I think she is tied with Paraietta and depends on how that plays out, she would either be a man or woman depending on Onashia, or depending on Paraietta’s wishes. Given that I think by the end it’s more likely that Caimu gets enough of Paraietta (although in a positive way), there are just more alternatives for Caimu to turn into a man than not.

Rimone – 5 to 1. It’s hard to tell so early in her development, but at this rate I don’t think Rimone is going to care for her gender. In that way she’s like Dominura; she just want to take care of the business she’s here to take care of. Even more so, she has less attachment with her feminine side, I presume, than Dominura?

Morinas – Even. She’s also hard to tell, partly because we just haven’t gotten really deep into her development. Given that she does have that “fangirl vibe” she could easily turn out either way. But if her attachment to Simouns are of any meaning she probably would fall for Wapourif or replace Wapourif.

Paraietta – 7 to 1. Paraietta is already the most manly Sybilla in Chor Tempest, with maybe exception to Yun. The question is how she will play it out with Neviril? Presuming even if that factors into her decision, it’s way more unlikely that she goes male and Nev goes female. All other combinations leads to a male Paraietta.

Neviril – 2 to 1. Ultimately Neviril has been slowly going back and forth on the personality scale throughout the series, and while her design and her mannerism screams female, one strong factor remains: her status. In fact, as long as she continues to take her lead role amongst the Chors and kick ass and chew gum all at once, she’ll no doubt turn male by the end of it all. There’s still a wildcard factor in regards to Aeru, but that’s more likely to push her towards the female end.

Now that’s done, it’s time for some qualifiers and disclaimers. First of all, these conjectures are most likely going to miss completely in that the show isn’t likely to try to wrap up every one of them–either out of time constraints or poetic license. In some ways all I am doing here is to explore how gender and gender roles play in the coming-of-age themes in Simoun. It’s also a futile exercise in seeing how much realism Simoun adhere to, when it comes to constructing characters and constructing its universe. It is all very fascinating once you include factors as the characters’ upbringings, social status, and outlook in terms of their roles in life and social injustices they may have encountered. Choice over gender is a powerful thing…