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BRAZIL’S ROLE IN EMERGINGBRAZIL’S ROLE IN EMERGING
GLOBAL OPEN SOURCE INITIATIVESGLOBAL OPEN SOURCE INITIATIVES
1212thth
Congress of the Brazilian Studies Association- BRASA XIICongress of the Brazilian Studies Association- BRASA XII
Valnora Leister and Mark FrazierValnora Leister and Mark Frazier
Kings College, London, UK, August 21Kings College, London, UK, August 21stst
, 2014, 2014
  
Aim of presentationAim of presentation
Describe origins of the free and open sourceDescribe origins of the free and open source
initiatives in Brazilinitiatives in Brazil
Review the rise of, and challenges to, openReview the rise of, and challenges to, open
source digital culturesource digital culture
Explore opportunities for future evolutionExplore opportunities for future evolution
and impact upon global open sourceand impact upon global open source
initiativesinitiatives
What is open source?What is open source?
Characteristics of free & open source softwareCharacteristics of free & open source software
• Free redistribution
• Permission to create derived works
• Respect for integrity of author’s source code
• No discrimination against groups, persons
or their fields of endeavor
• Free distribution of license
• License must not be specific to a product,
nor restrict other software
• License must be technology neutral
Open source licenses encourage co-creation of digitalOpen source licenses encourage co-creation of digital
resources, democratizing their evolutionresources, democratizing their evolution
Early drivers of openEarly drivers of open
source adoption in Brazilsource adoption in Brazil
Brazil's initial embrace of open-Brazil's initial embrace of open-
source software arose from a desiresource software arose from a desire
to avoid paying commercial licenseto avoid paying commercial license
fees to foreign countries.fees to foreign countries.
Yet adoption of open source has hadYet adoption of open source has had
a range of other effects, such asa range of other effects, such as
expanding access to education andexpanding access to education and
reinforcing creative currents inreinforcing creative currents in
Brazilian culture.Brazilian culture.
Examples in the publicExamples in the public
sectorsector
The Brazilian federal government started to implement FOSSThe Brazilian federal government started to implement FOSS
in 2003.in 2003.
Electronic government (Governo Eletronico) began inElectronic government (Governo Eletronico) began in
President Lula’s term to use of FOSS (notably Linux) as thePresident Lula’s term to use of FOSS (notably Linux) as the
operating system for online databases, Internet access, andoperating system for online databases, Internet access, and
programming languages.programming languages.
Ministries of Science and Technology, Planning, Culture,Ministries of Science and Technology, Planning, Culture,
the Federal Service for Data Processing (SERPRO), the IRSthe Federal Service for Data Processing (SERPRO), the IRS
(Secretaria da Receita Federal), the Army, Navy and Air(Secretaria da Receita Federal), the Army, Navy and Air
Force were early adopters.Force were early adopters.
Annual cost savings arising from use of open source softwareAnnual cost savings arising from use of open source software
by federal and state agencies amount to more than US$by federal and state agencies amount to more than US$
196,000,000 annually.196,000,000 annually.
The national Government views open source softwareThe national Government views open source software
solutions as more secure than relying upon foreign solutionssolutions as more secure than relying upon foreign solutions
with “back doors” created by commercial firms and/orwith “back doors” created by commercial firms and/or
foreign agencies.foreign agencies.
Examples in the publicExamples in the public
sector (continued)sector (continued)
Among the open systems developed for Brazil’s PublicAmong the open systems developed for Brazil’s Public
Access Portal are:Access Portal are:
Open Acs, a framework to develop virtualOpen Acs, a framework to develop virtual
communities based on the web, andcommunities based on the web, and
E-Proinfo, a collaborative learning systemE-Proinfo, a collaborative learning system
developed by the Secretary of Distance Learningdeveloped by the Secretary of Distance Learning
The portal now offers more than 59 programs used byThe portal now offers more than 59 programs used by
public schools. Across Brazil, it is estimated that morepublic schools. Across Brazil, it is estimated that more
than 50 million students now are users of Linux.than 50 million students now are users of Linux.
The Rise of Digital CultureThe Rise of Digital Culture
““Digital Culture is a new concept. It comesDigital Culture is a new concept. It comes
from the idea that the digital revolution offrom the idea that the digital revolution of
technologies is cultural in its essence. The issuetechnologies is cultural in its essence. The issue
here is that the use of digital technologieshere is that the use of digital technologies
changes behaviors. The common use of thechanges behaviors. The common use of the
Internet and free software creates fantasticInternet and free software creates fantastic
possibilities for democratizing access topossibilities for democratizing access to
information and knowledge to maximize theinformation and knowledge to maximize the
potential of products and services, to expand thepotential of products and services, to expand the
values that form our common texts, andvalues that form our common texts, and
therefore, our culture, and also to enhancetherefore, our culture, and also to enhance
cultural production, creating new forms of art.”cultural production, creating new forms of art.”
Moves to implement open source solutions in Brazil haveMoves to implement open source solutions in Brazil have
been welcomed as a means of democratizingbeen welcomed as a means of democratizing
communications media – and of nourishing a broad-basedcommunications media – and of nourishing a broad-based
digital culture.digital culture.
Gilberto Gil
Minister of Culture
2003-2008
The Rise of Digital CultureThe Rise of Digital Culture
As Minister of Culture, Gil praised theAs Minister of Culture, Gil praised the
public domain as a "necessarypublic domain as a "necessary
dimension of the intellectual propertydimension of the intellectual property
system.”system.”
He helped set up a participatory processHe helped set up a participatory process
of drafting reforms in legal andof drafting reforms in legal and
regulatory frameworks, with particularregulatory frameworks, with particular
emphasis on copyright issues.emphasis on copyright issues.
A web portal funded by the MinistryA web portal funded by the Ministry
enabled public comments to be made onenabled public comments to be made on
draft laws and regulations an article bydraft laws and regulations an article by
article basis, resulting in thousands ofarticle basis, resulting in thousands of
public contributions.public contributions.
The Rise of Digital CultureThe Rise of Digital Culture
In cooperation with the Ministry of Communications, which hadIn cooperation with the Ministry of Communications, which had
established a network of rural and urban “Telecentros” (telecentersestablished a network of rural and urban “Telecentros” (telecenters
running on Gnu/Linux), Gil’s Ministry launched:running on Gnu/Linux), Gil’s Ministry launched:
Culture PointsCulture Points – grassroots studios for virtual content creation,– grassroots studios for virtual content creation,
growing to more than 650 culture hotspots in its first five years ofgrowing to more than 650 culture hotspots in its first five years of
operation.operation.
““Living Culture”Living Culture” support networks including training resourcessupport networks including training resources
for artists and musicians on how to computers and digital cameras,for artists and musicians on how to computers and digital cameras,
sound and video editing, and web design and streamingsound and video editing, and web design and streaming
technologies.technologies.
Support for events organized by “agents’ builders of newSupport for events organized by “agents’ builders of new
realities”realities” – as promoters of FOSS were known – including the Digital– as promoters of FOSS were known – including the Digital
Inclusion Workshop, the International Forum of Free Software, andInclusion Workshop, the International Forum of Free Software, and
the Free Knowledge Laboratory.the Free Knowledge Laboratory.
The Rise of Digital CultureThe Rise of Digital Culture
When Gil resigned in 2008 to go back to his musical career,When Gil resigned in 2008 to go back to his musical career,
Juca Ferreira – his former chief of staff – replaced him andJuca Ferreira – his former chief of staff – replaced him and
sought to continue using open source frameworks forsought to continue using open source frameworks for
dissemination and appreciation of Brazilian culture.dissemination and appreciation of Brazilian culture.
In 2009, the Ministry also launched the Brazilian DigitalIn 2009, the Ministry also launched the Brazilian Digital
Culture Forum (www.culturaldigital.br), an online platformCulture Forum (www.culturaldigital.br), an online platform
for Digital Memory, Economics of Digital Culture,for Digital Memory, Economics of Digital Culture,
Infrastructure for Digital Culture, Digital Art and DigitalInfrastructure for Digital Culture, Digital Art and Digital
Communication.Communication.
Juca proposed the “Marco Civil da Internet”- to makeJuca proposed the “Marco Civil da Internet”- to make
Internet providers accountable to governmental bodiesInternet providers accountable to governmental bodies
rather than to a property collective management bodyrather than to a property collective management body
(ECAD). The Ministry also proposed a more transparent(ECAD). The Ministry also proposed a more transparent
system for managing copyright royalty streams.system for managing copyright royalty streams.
The Rise of Digital CultureThe Rise of Digital Culture
Such moves sparked mounting concerns from vestedSuch moves sparked mounting concerns from vested
interests. Firms with established software and digitalinterests. Firms with established software and digital
entertainment market positions resisted draft provisionsentertainment market positions resisted draft provisions
to expand “fair use” and noncommercial use provisionsto expand “fair use” and noncommercial use provisions
in Brazil’s copyright law.in Brazil’s copyright law.
In January, 2011, Dilma appointed Ana Hollanda as theIn January, 2011, Dilma appointed Ana Hollanda as the
new Minister of Culture. Hollanda lost little time innew Minister of Culture. Hollanda lost little time in
challenging the open source movement. Among her firstchallenging the open source movement. Among her first
actions was to fire the bulk of the Ministry’s Intellectualactions was to fire the bulk of the Ministry’s Intellectual
Rights Directorship (Diretoria de Direitos Intelectuais),Rights Directorship (Diretoria de Direitos Intelectuais),
which had been drafting the proposed liberalizedwhich had been drafting the proposed liberalized
copyright law reform.copyright law reform.
The Rise of Digital CultureThe Rise of Digital Culture
Overall, Brazil remained active in the global openOverall, Brazil remained active in the global open
source movement. In December 2011, the Festivalsource movement. In December 2011, the Festival
Cultura Digital – an initiative of the Casa de CulturaCultura Digital – an initiative of the Casa de Cultura
Digital, consisting of 15 institutions – drew more thanDigital, consisting of 15 institutions – drew more than
6000 representatives of artists, businesses, academics,6000 representatives of artists, businesses, academics,
and activists and intellectuals.and activists and intellectuals.
Meanwhile, Minister Hollanda proposed “ValeMeanwhile, Minister Hollanda proposed “Vale
Cultura” – a bolsa to increase popular consumption ofCultura” – a bolsa to increase popular consumption of
cultural works.cultural works.
Yet her opposition to open source fueled growingYet her opposition to open source fueled growing
opposition from academics, digital activists, artists,opposition from academics, digital activists, artists,
and many political figures, and brought her tenure toand many political figures, and brought her tenure to
an end.an end.
The Rise of Digital CultureThe Rise of Digital Culture
 Minister Suplicy, who replaced Hollanda, madeMinister Suplicy, who replaced Hollanda, made
clear her intent to pursue a more balanced course byclear her intent to pursue a more balanced course by
rehiring in October, 2012 key legal specialists whorehiring in October, 2012 key legal specialists who
had been fired by Hollanda to the Intellectual Rightshad been fired by Hollanda to the Intellectual Rights
Directorship. They subsequently updated provisionsDirectorship. They subsequently updated provisions
for a draft copyright law that is currently underfor a draft copyright law that is currently under
review by the Presidency.review by the Presidency.
 Minister Suplicy also declared that continued growthMinister Suplicy also declared that continued growth
of the Culture Points would be the “hallmark of myof the Culture Points would be the “hallmark of my
administration.” As of mid-2014, more than 4,000administration.” As of mid-2014, more than 4,000
hotspots have been established in 1,000 cities acrosshotspots have been established in 1,000 cities across
Brazil, most notably in poor rural communities andBrazil, most notably in poor rural communities and
urban favelas.urban favelas.
Other Recent AdvancesOther Recent Advances
In Digital CultureIn Digital Culture
1.1. Adoption of Marco Civil as Brazil’s Internet “Bill ofAdoption of Marco Civil as Brazil’s Internet “Bill of
Rights”Rights”
Brazil adopted Marco Civil earlier this year to affirm itsBrazil adopted Marco Civil earlier this year to affirm its
commitment to internet freedom and protecting protectcommitment to internet freedom and protecting protect
civil rights online, including freedom of expression andcivil rights online, including freedom of expression and
privacy.privacy.
The new law also safeguards Internet Service Providers,The new law also safeguards Internet Service Providers,
insulating them from liability for copyright violations byinsulating them from liability for copyright violations by
their users. The Act also assures the Brazilian Constitutiontheir users. The Act also assures the Brazilian Constitution
protects online practices with regard to due process,protects online practices with regard to due process,
freedom of expression, privacy, and nurturing innovation.freedom of expression, privacy, and nurturing innovation.
Roussef stated “we are the first country to have a law thatRoussef stated “we are the first country to have a law that
consolidates the Internet as a free and democratic space,consolidates the Internet as a free and democratic space,
which is essential for social participation, innovation andwhich is essential for social participation, innovation and
above all, to exercise citizenship.”above all, to exercise citizenship.”
Other Recent AdvancesOther Recent Advances
In Digital CultureIn Digital Culture
2.2. Activation of Vale Cultura (‘Culture Vouchers’)Activation of Vale Cultura (‘Culture Vouchers’)
Another recent achievement has been the launch of ValeAnother recent achievement has been the launch of Vale
Cultura, the electronic monthly coupon aimed atCultura, the electronic monthly coupon aimed at makingmaking
arts and culture more accessible to Brazilians with lowarts and culture more accessible to Brazilians with low
income.income.
Following passage of the Act in 2013, approximately a thirdFollowing passage of the Act in 2013, approximately a third
of Brazilian adults are eligible to receive a monthlyof Brazilian adults are eligible to receive a monthly
stipend of RS50 applied towards tickets to museums,stipend of RS50 applied towards tickets to museums,
theaters, and cinemas, to purchase of music and dancetheaters, and cinemas, to purchase of music and dance
lessons, and/or consumption of books, DVDs, and otherlessons, and/or consumption of books, DVDs, and other
creative works.creative works.
Employers have the option of receiving a tax break byEmployers have the option of receiving a tax break by
funding such vouchers as a benefit to their employees (90funding such vouchers as a benefit to their employees (90
percent of cost of the stipend in such cases is met bypercent of cost of the stipend in such cases is met by
employer, and 10 percent by the employee).employer, and 10 percent by the employee).
Private Sector InnovationsPrivate Sector Innovations
 Tecno Brega – generating revenues from creativeTecno Brega – generating revenues from creative
works without copyright.works without copyright. Brazil is the source of aBrazil is the source of a
new revenue model for creative artists in poornew revenue model for creative artists in poor
communities, resulting in a thriving, multimillioncommunities, resulting in a thriving, multimillion
dollar annual music industry. “Tecno brega” is adollar annual music industry. “Tecno brega” is a
system that evolved in poor neighborhoods to rewardsystem that evolved in poor neighborhoods to reward
musicians without need for royalty payments.musicians without need for royalty payments.
 Using low cost electronic equipment in makeshiftUsing low cost electronic equipment in makeshift
studios, tecno braga producers create recordings thatstudios, tecno braga producers create recordings that
are given free of charge to street vendors, who burnare given free of charge to street vendors, who burn
CDs and sell them for a minimal price of about $1.50CDs and sell them for a minimal price of about $1.50
(and who retain the entire earnings from the street(and who retain the entire earnings from the street
sales). These CDs serve as advertisements for livesales). These CDs serve as advertisements for live
performances in local venues, which charge entranceperformances in local venues, which charge entrance
fees that are shared with the performers.fees that are shared with the performers.
Private Sector InnovationsPrivate Sector Innovations
 Lua – offering advanced programming toolsLua – offering advanced programming tools
for world marketsfor world markets.. A private BrazilianA private Brazilian
software project has made global impact insoftware project has made global impact in
the open source community. Lua is now athe open source community. Lua is now a
leading scripting language used byleading scripting language used by
Wikipedia and other organizations.Wikipedia and other organizations.
Developed by a team based at PUC-Rio, theDeveloped by a team based at PUC-Rio, the
language’s power and speed has led to itslanguage’s power and speed has led to its
adoption by Adobe (in Photoshopadoption by Adobe (in Photoshop
Lightroom), by leading digital TVLightroom), by leading digital TV
producers, and by internationally-knownproducers, and by internationally-known
games such as World of Warcraft andgames such as World of Warcraft and
Angry Birds. Lua’s success come from itsAngry Birds. Lua’s success come from its
early focus on English-languageearly focus on English-language
documentation and on funding from itsdocumentation and on funding from its
fans (the software is distributed under afans (the software is distributed under a
standard free and open source license).standard free and open source license).
ConclusionsConclusions
Brazil has gathered praise for its
participatory means of creating digital
works that can be readily shared. It
also has earned respect as a global
defender of free speech, Internet
freedom, and open source solutions.
This combination provides a unique
opportunity to inspire and assist the
world in realizing the potential of
digital culture and open source
innovations, in both the public and
private sectors.

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Brazil's Role in Emerging Global Open Source Initiatives

  • 1. BRAZIL’S ROLE IN EMERGINGBRAZIL’S ROLE IN EMERGING GLOBAL OPEN SOURCE INITIATIVESGLOBAL OPEN SOURCE INITIATIVES 1212thth Congress of the Brazilian Studies Association- BRASA XIICongress of the Brazilian Studies Association- BRASA XII Valnora Leister and Mark FrazierValnora Leister and Mark Frazier Kings College, London, UK, August 21Kings College, London, UK, August 21stst , 2014, 2014   
  • 2. Aim of presentationAim of presentation Describe origins of the free and open sourceDescribe origins of the free and open source initiatives in Brazilinitiatives in Brazil Review the rise of, and challenges to, openReview the rise of, and challenges to, open source digital culturesource digital culture Explore opportunities for future evolutionExplore opportunities for future evolution and impact upon global open sourceand impact upon global open source initiativesinitiatives
  • 3. What is open source?What is open source? Characteristics of free & open source softwareCharacteristics of free & open source software • Free redistribution • Permission to create derived works • Respect for integrity of author’s source code • No discrimination against groups, persons or their fields of endeavor • Free distribution of license • License must not be specific to a product, nor restrict other software • License must be technology neutral Open source licenses encourage co-creation of digitalOpen source licenses encourage co-creation of digital resources, democratizing their evolutionresources, democratizing their evolution
  • 4. Early drivers of openEarly drivers of open source adoption in Brazilsource adoption in Brazil Brazil's initial embrace of open-Brazil's initial embrace of open- source software arose from a desiresource software arose from a desire to avoid paying commercial licenseto avoid paying commercial license fees to foreign countries.fees to foreign countries. Yet adoption of open source has hadYet adoption of open source has had a range of other effects, such asa range of other effects, such as expanding access to education andexpanding access to education and reinforcing creative currents inreinforcing creative currents in Brazilian culture.Brazilian culture.
  • 5. Examples in the publicExamples in the public sectorsector The Brazilian federal government started to implement FOSSThe Brazilian federal government started to implement FOSS in 2003.in 2003. Electronic government (Governo Eletronico) began inElectronic government (Governo Eletronico) began in President Lula’s term to use of FOSS (notably Linux) as thePresident Lula’s term to use of FOSS (notably Linux) as the operating system for online databases, Internet access, andoperating system for online databases, Internet access, and programming languages.programming languages. Ministries of Science and Technology, Planning, Culture,Ministries of Science and Technology, Planning, Culture, the Federal Service for Data Processing (SERPRO), the IRSthe Federal Service for Data Processing (SERPRO), the IRS (Secretaria da Receita Federal), the Army, Navy and Air(Secretaria da Receita Federal), the Army, Navy and Air Force were early adopters.Force were early adopters. Annual cost savings arising from use of open source softwareAnnual cost savings arising from use of open source software by federal and state agencies amount to more than US$by federal and state agencies amount to more than US$ 196,000,000 annually.196,000,000 annually. The national Government views open source softwareThe national Government views open source software solutions as more secure than relying upon foreign solutionssolutions as more secure than relying upon foreign solutions with “back doors” created by commercial firms and/orwith “back doors” created by commercial firms and/or foreign agencies.foreign agencies.
  • 6. Examples in the publicExamples in the public sector (continued)sector (continued) Among the open systems developed for Brazil’s PublicAmong the open systems developed for Brazil’s Public Access Portal are:Access Portal are: Open Acs, a framework to develop virtualOpen Acs, a framework to develop virtual communities based on the web, andcommunities based on the web, and E-Proinfo, a collaborative learning systemE-Proinfo, a collaborative learning system developed by the Secretary of Distance Learningdeveloped by the Secretary of Distance Learning The portal now offers more than 59 programs used byThe portal now offers more than 59 programs used by public schools. Across Brazil, it is estimated that morepublic schools. Across Brazil, it is estimated that more than 50 million students now are users of Linux.than 50 million students now are users of Linux.
  • 7. The Rise of Digital CultureThe Rise of Digital Culture ““Digital Culture is a new concept. It comesDigital Culture is a new concept. It comes from the idea that the digital revolution offrom the idea that the digital revolution of technologies is cultural in its essence. The issuetechnologies is cultural in its essence. The issue here is that the use of digital technologieshere is that the use of digital technologies changes behaviors. The common use of thechanges behaviors. The common use of the Internet and free software creates fantasticInternet and free software creates fantastic possibilities for democratizing access topossibilities for democratizing access to information and knowledge to maximize theinformation and knowledge to maximize the potential of products and services, to expand thepotential of products and services, to expand the values that form our common texts, andvalues that form our common texts, and therefore, our culture, and also to enhancetherefore, our culture, and also to enhance cultural production, creating new forms of art.”cultural production, creating new forms of art.” Moves to implement open source solutions in Brazil haveMoves to implement open source solutions in Brazil have been welcomed as a means of democratizingbeen welcomed as a means of democratizing communications media – and of nourishing a broad-basedcommunications media – and of nourishing a broad-based digital culture.digital culture. Gilberto Gil Minister of Culture 2003-2008
  • 8. The Rise of Digital CultureThe Rise of Digital Culture As Minister of Culture, Gil praised theAs Minister of Culture, Gil praised the public domain as a "necessarypublic domain as a "necessary dimension of the intellectual propertydimension of the intellectual property system.”system.” He helped set up a participatory processHe helped set up a participatory process of drafting reforms in legal andof drafting reforms in legal and regulatory frameworks, with particularregulatory frameworks, with particular emphasis on copyright issues.emphasis on copyright issues. A web portal funded by the MinistryA web portal funded by the Ministry enabled public comments to be made onenabled public comments to be made on draft laws and regulations an article bydraft laws and regulations an article by article basis, resulting in thousands ofarticle basis, resulting in thousands of public contributions.public contributions.
  • 9. The Rise of Digital CultureThe Rise of Digital Culture In cooperation with the Ministry of Communications, which hadIn cooperation with the Ministry of Communications, which had established a network of rural and urban “Telecentros” (telecentersestablished a network of rural and urban “Telecentros” (telecenters running on Gnu/Linux), Gil’s Ministry launched:running on Gnu/Linux), Gil’s Ministry launched: Culture PointsCulture Points – grassroots studios for virtual content creation,– grassroots studios for virtual content creation, growing to more than 650 culture hotspots in its first five years ofgrowing to more than 650 culture hotspots in its first five years of operation.operation. ““Living Culture”Living Culture” support networks including training resourcessupport networks including training resources for artists and musicians on how to computers and digital cameras,for artists and musicians on how to computers and digital cameras, sound and video editing, and web design and streamingsound and video editing, and web design and streaming technologies.technologies. Support for events organized by “agents’ builders of newSupport for events organized by “agents’ builders of new realities”realities” – as promoters of FOSS were known – including the Digital– as promoters of FOSS were known – including the Digital Inclusion Workshop, the International Forum of Free Software, andInclusion Workshop, the International Forum of Free Software, and the Free Knowledge Laboratory.the Free Knowledge Laboratory.
  • 10. The Rise of Digital CultureThe Rise of Digital Culture When Gil resigned in 2008 to go back to his musical career,When Gil resigned in 2008 to go back to his musical career, Juca Ferreira – his former chief of staff – replaced him andJuca Ferreira – his former chief of staff – replaced him and sought to continue using open source frameworks forsought to continue using open source frameworks for dissemination and appreciation of Brazilian culture.dissemination and appreciation of Brazilian culture. In 2009, the Ministry also launched the Brazilian DigitalIn 2009, the Ministry also launched the Brazilian Digital Culture Forum (www.culturaldigital.br), an online platformCulture Forum (www.culturaldigital.br), an online platform for Digital Memory, Economics of Digital Culture,for Digital Memory, Economics of Digital Culture, Infrastructure for Digital Culture, Digital Art and DigitalInfrastructure for Digital Culture, Digital Art and Digital Communication.Communication. Juca proposed the “Marco Civil da Internet”- to makeJuca proposed the “Marco Civil da Internet”- to make Internet providers accountable to governmental bodiesInternet providers accountable to governmental bodies rather than to a property collective management bodyrather than to a property collective management body (ECAD). The Ministry also proposed a more transparent(ECAD). The Ministry also proposed a more transparent system for managing copyright royalty streams.system for managing copyright royalty streams.
  • 11. The Rise of Digital CultureThe Rise of Digital Culture Such moves sparked mounting concerns from vestedSuch moves sparked mounting concerns from vested interests. Firms with established software and digitalinterests. Firms with established software and digital entertainment market positions resisted draft provisionsentertainment market positions resisted draft provisions to expand “fair use” and noncommercial use provisionsto expand “fair use” and noncommercial use provisions in Brazil’s copyright law.in Brazil’s copyright law. In January, 2011, Dilma appointed Ana Hollanda as theIn January, 2011, Dilma appointed Ana Hollanda as the new Minister of Culture. Hollanda lost little time innew Minister of Culture. Hollanda lost little time in challenging the open source movement. Among her firstchallenging the open source movement. Among her first actions was to fire the bulk of the Ministry’s Intellectualactions was to fire the bulk of the Ministry’s Intellectual Rights Directorship (Diretoria de Direitos Intelectuais),Rights Directorship (Diretoria de Direitos Intelectuais), which had been drafting the proposed liberalizedwhich had been drafting the proposed liberalized copyright law reform.copyright law reform.
  • 12. The Rise of Digital CultureThe Rise of Digital Culture Overall, Brazil remained active in the global openOverall, Brazil remained active in the global open source movement. In December 2011, the Festivalsource movement. In December 2011, the Festival Cultura Digital – an initiative of the Casa de CulturaCultura Digital – an initiative of the Casa de Cultura Digital, consisting of 15 institutions – drew more thanDigital, consisting of 15 institutions – drew more than 6000 representatives of artists, businesses, academics,6000 representatives of artists, businesses, academics, and activists and intellectuals.and activists and intellectuals. Meanwhile, Minister Hollanda proposed “ValeMeanwhile, Minister Hollanda proposed “Vale Cultura” – a bolsa to increase popular consumption ofCultura” – a bolsa to increase popular consumption of cultural works.cultural works. Yet her opposition to open source fueled growingYet her opposition to open source fueled growing opposition from academics, digital activists, artists,opposition from academics, digital activists, artists, and many political figures, and brought her tenure toand many political figures, and brought her tenure to an end.an end.
  • 13. The Rise of Digital CultureThe Rise of Digital Culture  Minister Suplicy, who replaced Hollanda, madeMinister Suplicy, who replaced Hollanda, made clear her intent to pursue a more balanced course byclear her intent to pursue a more balanced course by rehiring in October, 2012 key legal specialists whorehiring in October, 2012 key legal specialists who had been fired by Hollanda to the Intellectual Rightshad been fired by Hollanda to the Intellectual Rights Directorship. They subsequently updated provisionsDirectorship. They subsequently updated provisions for a draft copyright law that is currently underfor a draft copyright law that is currently under review by the Presidency.review by the Presidency.  Minister Suplicy also declared that continued growthMinister Suplicy also declared that continued growth of the Culture Points would be the “hallmark of myof the Culture Points would be the “hallmark of my administration.” As of mid-2014, more than 4,000administration.” As of mid-2014, more than 4,000 hotspots have been established in 1,000 cities acrosshotspots have been established in 1,000 cities across Brazil, most notably in poor rural communities andBrazil, most notably in poor rural communities and urban favelas.urban favelas.
  • 14. Other Recent AdvancesOther Recent Advances In Digital CultureIn Digital Culture 1.1. Adoption of Marco Civil as Brazil’s Internet “Bill ofAdoption of Marco Civil as Brazil’s Internet “Bill of Rights”Rights” Brazil adopted Marco Civil earlier this year to affirm itsBrazil adopted Marco Civil earlier this year to affirm its commitment to internet freedom and protecting protectcommitment to internet freedom and protecting protect civil rights online, including freedom of expression andcivil rights online, including freedom of expression and privacy.privacy. The new law also safeguards Internet Service Providers,The new law also safeguards Internet Service Providers, insulating them from liability for copyright violations byinsulating them from liability for copyright violations by their users. The Act also assures the Brazilian Constitutiontheir users. The Act also assures the Brazilian Constitution protects online practices with regard to due process,protects online practices with regard to due process, freedom of expression, privacy, and nurturing innovation.freedom of expression, privacy, and nurturing innovation. Roussef stated “we are the first country to have a law thatRoussef stated “we are the first country to have a law that consolidates the Internet as a free and democratic space,consolidates the Internet as a free and democratic space, which is essential for social participation, innovation andwhich is essential for social participation, innovation and above all, to exercise citizenship.”above all, to exercise citizenship.”
  • 15. Other Recent AdvancesOther Recent Advances In Digital CultureIn Digital Culture 2.2. Activation of Vale Cultura (‘Culture Vouchers’)Activation of Vale Cultura (‘Culture Vouchers’) Another recent achievement has been the launch of ValeAnother recent achievement has been the launch of Vale Cultura, the electronic monthly coupon aimed atCultura, the electronic monthly coupon aimed at makingmaking arts and culture more accessible to Brazilians with lowarts and culture more accessible to Brazilians with low income.income. Following passage of the Act in 2013, approximately a thirdFollowing passage of the Act in 2013, approximately a third of Brazilian adults are eligible to receive a monthlyof Brazilian adults are eligible to receive a monthly stipend of RS50 applied towards tickets to museums,stipend of RS50 applied towards tickets to museums, theaters, and cinemas, to purchase of music and dancetheaters, and cinemas, to purchase of music and dance lessons, and/or consumption of books, DVDs, and otherlessons, and/or consumption of books, DVDs, and other creative works.creative works. Employers have the option of receiving a tax break byEmployers have the option of receiving a tax break by funding such vouchers as a benefit to their employees (90funding such vouchers as a benefit to their employees (90 percent of cost of the stipend in such cases is met bypercent of cost of the stipend in such cases is met by employer, and 10 percent by the employee).employer, and 10 percent by the employee).
  • 16. Private Sector InnovationsPrivate Sector Innovations  Tecno Brega – generating revenues from creativeTecno Brega – generating revenues from creative works without copyright.works without copyright. Brazil is the source of aBrazil is the source of a new revenue model for creative artists in poornew revenue model for creative artists in poor communities, resulting in a thriving, multimillioncommunities, resulting in a thriving, multimillion dollar annual music industry. “Tecno brega” is adollar annual music industry. “Tecno brega” is a system that evolved in poor neighborhoods to rewardsystem that evolved in poor neighborhoods to reward musicians without need for royalty payments.musicians without need for royalty payments.  Using low cost electronic equipment in makeshiftUsing low cost electronic equipment in makeshift studios, tecno braga producers create recordings thatstudios, tecno braga producers create recordings that are given free of charge to street vendors, who burnare given free of charge to street vendors, who burn CDs and sell them for a minimal price of about $1.50CDs and sell them for a minimal price of about $1.50 (and who retain the entire earnings from the street(and who retain the entire earnings from the street sales). These CDs serve as advertisements for livesales). These CDs serve as advertisements for live performances in local venues, which charge entranceperformances in local venues, which charge entrance fees that are shared with the performers.fees that are shared with the performers.
  • 17. Private Sector InnovationsPrivate Sector Innovations  Lua – offering advanced programming toolsLua – offering advanced programming tools for world marketsfor world markets.. A private BrazilianA private Brazilian software project has made global impact insoftware project has made global impact in the open source community. Lua is now athe open source community. Lua is now a leading scripting language used byleading scripting language used by Wikipedia and other organizations.Wikipedia and other organizations. Developed by a team based at PUC-Rio, theDeveloped by a team based at PUC-Rio, the language’s power and speed has led to itslanguage’s power and speed has led to its adoption by Adobe (in Photoshopadoption by Adobe (in Photoshop Lightroom), by leading digital TVLightroom), by leading digital TV producers, and by internationally-knownproducers, and by internationally-known games such as World of Warcraft andgames such as World of Warcraft and Angry Birds. Lua’s success come from itsAngry Birds. Lua’s success come from its early focus on English-languageearly focus on English-language documentation and on funding from itsdocumentation and on funding from its fans (the software is distributed under afans (the software is distributed under a standard free and open source license).standard free and open source license).
  • 18. ConclusionsConclusions Brazil has gathered praise for its participatory means of creating digital works that can be readily shared. It also has earned respect as a global defender of free speech, Internet freedom, and open source solutions. This combination provides a unique opportunity to inspire and assist the world in realizing the potential of digital culture and open source innovations, in both the public and private sectors.

Editor's Notes

  • #3: Describe origins of the free and open source initiatives in Brazil Review the rise of, and challenges to, open source digital culture Explore opportunities for future evolution and impact upon global open source initiatives
  • #4: Characteristics of free & open source software Free redistribution Access to the source code Permission to create derived works Integrity of the author’s source code No discrimination against groups or persons No discrimination against fields of endeavor Free distribution of license License must not be specific to a product License must not restrict other software License must be technology neutral Open source licenses encourage co-creation of digital resources, democratizing their evolution
  • #5: A prime reason for Brazil's initial embrace of open-source software was to avoid paying commercial license fees to foreign countries. Yet adoption of open source has had a range of other effects, such as expanding access to education and reinforcing creative currents in Brazilian culture.
  • #6: By 2003, the Brazilian federal government established a committee to implement FOSS for several governmental institutions at the national level. Electronic government (Governo Eletronico) regulations were proposed during the government of President Fernando Henrique Cardoso and implemented during President Lula’s’ term to support the use of FOSS (using the Kurumin Linux as their operating system to manage online database, Internet, programming language, etc.) by federal institutions such as: Ministries of Science and Technology, Planning, Culture, the Federal Service for Data Processing (SERPRO), the IRS (Secretaria da Receita Federal), the Army, Navy and Air Force. According to the Brazilian Federal Service for Data Processing, annual cost savings arising from use of open source software by federal and state agencies amount to more than US$196,000,000. The benefits have been recognized as going well beyond the economic. The national Government regards open source software solutions for Brazil as more secure than having just one or two companies trying to fix problems and dealing with “back doors” created by these companies and/or foreign agencies. The system according to SERPRO is open and holds “no secrets” for the developers of the frameworks.
  • #7: Among the systems developed in the Portal are: DATAPREV, which can provide the number of computers in the government and number of licenses being used, Open Acs, a framework to develop virtual communities based on the web, E-Proinfo, a collaborative learning system developed by the Secretary of Distance Learning The portal now offers more than 59 programs used by public schools. Across Brazil, it is estimated that more than 50 million students now are users of Linux.
  • #8: Beyond their economic, educational, and strategic value, moves to implement open source solutions in Brazil have been welcomed as a means of democratizing communications media – and of nourishing a broad-based digital culture. “Digital Culture is a new concept. It comes from the idea that the digital revolution of technologies is cultural in its essence. The issue here is that the use of digital technologies changes behaviors. The common use of the Internet and free software creates fantastic possibilities for democratizing access to information and knowledge to maximize the potential of products and services, to expand the values that form our common texts, and therefore, our culture, and also to enhance cultural production, creating new forms of art.” - Gilberto Gil
  • #9: A key focus of Gil’s ministry was on drafting guidelines for proposed reforms of legal and regulatory frameworks that influence digital culture. In keeping with Gil’s statements at a United Nations gathering in 2007, the public domain should be a "necessary dimension of the intellectual property system." A cooperative, decentralized process – rather than a top-down political or commercial approach – animated participants, who saw users of the tools as co-developers and partners in co-creation, with particular emphasis on copyright issues. A web portal funded by the Ministry enabled public comments to be made on draft laws and regulations an article by article basis, resulting in thousands of public contributions.
  • #10: Working with existing initiatives of the Ministry of Communications, which had established a network of rural and urban “Telecentros” telecenters running on Gnu/Linux open source software, Gil’s Ministry prepared several innovative initiatives: Culture Points – grassroots studios for virtual content creation, digital toolkits (multimedia equipment with free software for recording, distribution and communication), growing to more than 650 culture hotspots in its first five years of operation. “Living Culture” support network including training resources for artists and musicians interested in Culture Points on how to use the new facilities –including computers and digital cameras, sound and video editing, and web design and streaming technologies – with the aim of enabling greater access in the creation, dissemination and appreciation of Brazilian culture; Support for events organized by “agents’ builders of new realities” – as promoters of FOSS were known – including the Digital Inclusion Workshop, the International Forum of Free Software, and the Free Knowledge Laboratory, among others.
  • #11: When Gil decided in 2008 to resign from Government and return to his musical career, Juca Ferreira – his former chief of staff – replaced him as Minister of Culture. Juca worked on continuing to advance Brazil’s digital culture, based on inputs from the public, civil society groups, artists and musicians, and open source advocates from inside the country as well as overseas. In 2009, the Ministry also launched the Brazilian Digital Culture Forum, www.culturaldigital.br, an online platform with five main areas: Digital Memory, Economics of Digital Culture, Infrastructure for Digital Culture, Digital Art and Digital Communication. Juca proposed the “Marco Civil da Internet”- make providers accountable to governmental bodies rather than to a property collective management-ECAD. The Ministry also proposed a more transparent system for managing royalty streams.
  • #12: Such moves by the Ministry sparked mounting concerns from vested interests. Firms with established software and digital entertainment market positions resisted draft provisions to expand “fair use” and noncommercial use provisions in Brazil’s copyright law, and strongly favored granting a private collective management body for intellectual property to legally require Internet Service Providers to cut off or limit service to suspected violators of copyrighted material under digital rights agreements. In January, 2011, Dilma appointed Ana Hollanda as the new Minister of Culture. Hollanda, a singer with long-standing relationships to the recording industry and hardline backers of intellectual property rights, lost little time in staking out a new position hostile to the open source movement. Among her first actions was to fire the bulk of the Ministry’s Intellectual Rights Directorship (Diretoria de Direitos Intelectuais), which had been drafting proposed liberalized copyright law reform.
  • #13: Despite the backpedalling of the Ministry of Culture on open source and Creative Commons licenses, Brazil was continuing to build visibility as a leader in the global open source movement. n December 2011, the Festival Cultura Digital – an initiative of the Casa de Cultura Digital, consisting of 15 institutions – drew more than 6000 representatives of artists, businesses, academics, and activists and intellectuals in a hybrid format. In at least one key regard, Minister Hollanda’s tenure was positive. She introduced and promoted a new concept – “Vale Cultura” vouchers – as a future way to increase popular consumption of cultural works. The proposal was to provide an electronic card with a monthly value of Rs50 (about US$ 20) for purchase of musical, video, or other creative works. The idea drew a favorable response from many constituencies. Yet the growing controversy over Hollanda’ defense of ECAD – combined with growing opposition from academics, digital activists, artists, and many political figures given her hostility to open source initiatives – brought her tenure to an end.
  • #14: Minister Suplicy, replacing dismissed Hollanda, made clear her intent to pursue a more balanced course by rehiring in October, 2012 key legal specialists who had been fired by Hollanda to the Intellectual Rights Directorship, and subsequently completed updated provisions for a draft copyright law that is currently under review by the Presidency. In other ways, Minister Suplicy has shown a commitment to nurturing many of the original aims and projects of Gil and Juca. Shortly after taking office, she declared that continued growth of the Culture Points would be the “hallmark of my administration.” As of mid-2014, more than 4,000 hotspots have been established in 1,000 cities across Brazil, most notably in poor rural communities and urban favelas.
  • #15: Adoption of Marco Civil as Brazil’s Internet “Bill of Rights” The Government of Brazil has adopted Marco Civil as the cornerstone of its commitment to internet freedom and protecting protect civil rights online, including freedom of expression and privacy. The law also provides important safeguards to Internet Service Providers, including protections of ISPs from private holders of intellectual property rights who would feel moved to take direct legal action against ISP in cases of suspected copyright violations by their customers. Instead, the Act extends principles of the Brazilian Constitution into online practices with regard to due process, freedom of expression, privacy, and promotion of an environment favorable to innovation. Roussef made clear at the conference that “Brazil defends the idea that the Internet governance is multi-sectorial, multilateral, democratic and transparent.” She stated that Brazil will be “at the forefront of this legislation because we are the first country to have a law that consolidates the Internet as a free and democratic space, which is essential for social participation, innovation and above all, to exercise citizenship”
  • #16: Activation of ‘Culture Vouchers.’ Another recent achievement of the Ministry of Culture has been implementation of the Vale Cultura, the electronic monthly coupon aimed at making arts and culture more accessible to Brazilians with low income. Beginning in 2013, approximately a third of Brazilian adults are eligible to receive a monthly stipend of RS50 applied towards tickets to museums, theaters, and cinemas, to purchase of music and dance lessons, and/or consumption of books, DVDs, and other creative works. Employers have the option of receiving a tax break by funding such vouchers as a benefit to their employees (90 percent of cost of the stipend in such cases is met by employer, and 10 percent by the employee).
  • #17: The private sector of Brazil also has been at the forefront of inspiring open source innovations: Generating revenues from creative works without copyright. A new revenue model has emerged for creative artists in poor communities, resulting in a thriving, multimillion dollar annual music industry. “Tecno brega” is a system that evolved in poor neighborhoods to reward musicians without need for royalty payments. Using low cost electronic equipment in makeshift studios, tecno braga producers create recordings that are given free of charge to street vendors, who burn CDs and sell them for a minimal price of about $1.50 (and who retain the entire earnings from the street sales). These CDs serve as advertisements for live performances in local venues, which charge entrance fees that are shared with the performers.
  • #18: The private sector of Brazil also has been at the forefront of inspiring open source innovations: Offering advanced programming tools for world markets. Another Brazilian open source venture that has drawn global notice is Lua, a lightweight, embeddable scripting language. Developed by a team based at PUC-Rio, the language’s power and speed has led to its adoption by Wikipedia, by Adobe (in Photoshop Lightroom), by leading digital TV producers, and by internationally-known games such as World of Warcraft and Angry Birds. Lua’s success has resulted in large part from a commitment from the beginning to focus on the global open source community, offering excellent documentation in English. Lua’s developers also have come up with innovative funding sources to capitalize on the user base that appreciates its free open-source offerings (the software is distributed under a standard open source license).
  • #19: Brazil is increasingly admired for its pioneer role in democratizing the means of creating digital works that can be readily shared. It also has earned respect as a global defender of free speech, Internet freedom, and open source solutions. This gives it a unique opportunity to inspire and assist the world in realizing the potential of digital culture and open source innovations, in both the public and private sectors.