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atombender • last Saturday at 10:48 PM • 4 replies • view on HN

Just speculation on my part, but the museum's motivation seems clear enough: they realized that point cloud documents could be used to make extremely high-fidelity copies and thereby threatened the museum's monopoly on official reproductions and other merch, and indeed create counterfeit versions of Rodin's works. The repeated allegations that the author is a counterfeiter with malicious intent suggest that they care about reproductions very much. To me, at least, that explains every single action on the part of the museum.

What is less clear is why the high court, which is supposed to be neutral interpreters of the law, pre-emptively reclassified point clouds as non-document materials that are excluded from FOI requests, contrary to the lower court's judgement. I can only guess that there's some collusion going on at high levels.


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awongh • last Saturday at 11:04 PM

It states in the article *[our lawyer] advised us that [...] the judges would be extremely deferential to the Rodin Museum and would grant it the benefit of any doubts* but doesn't dare to say why they would be deferential.... It's probably because these high level cultural institutions basically get to do whatever they want... France definitely loves their institutions.

schiffern • yesterday at 4:23 AM

  >reclassified point clouds as non-document materialast
Someone needs to make "FOI-B-Gone," an app that bidirectionally converts arbitrary PDFs into one of these (apparently) magically un-FOI-able point cloud documents.

Just "emboss" the text into 3D space, write that to a 3D file, and voila no more pesky fourth estate oversight! Watergate, eat your heart out...

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shiandow • last Saturday at 11:13 PM

Is the museum supposed to have such a monopoly? Because then the ruling would be disappointing but ultimately not incoherent.

What's the law like on photographs? Those are effectively equivalent are they not? Or does the entire argument hinge on the fact that point clouds can be stored in a human readable format?

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thaumasiotes • yesterday at 4:00 AM

> Just speculation on my part, but the museum's motivation seems clear enough: they realized that point cloud documents could be used to make extremely high-fidelity copies and thereby threatened the museum's monopoly on official reproductions and other merch, and indeed create counterfeit versions of Rodin's works. The repeated allegations that the author is a counterfeiter with malicious intent suggest that they care about reproductions very much. To me, at least, that explains every single action on the part of the museum.

You're badly confused. The scans are not a financial asset, and they don't even try to make money on them.

From Cosmo Wenman's earlier exploits:

> In August 2016, with the help of the Berlin-based attorney and law professor Kristoff Ritlewski, I sent the Egyptian Museum a request for the scan, citing German freedom of information laws

> The museum quickly referred the matter to the Prussian Cultural Heritage Foundation, which oversees Berlin's state museums. The foundation—known in German as the Stiftung Preußischer Kulturbesitz (SPK)—is one of the largest cultural organizations in the world. When it received my records request, it acknowledged the existence of the Nefertiti scan and acknowledged that the organization was required by law to give me access to it. But it also declared that directly giving me copies of the scan data would threaten its commercial interests. The Egyptian Museum sells expensive Nefertiti replicas in its gift shop, and it implied that it needs to protect that revenue to finance its ongoing digitization efforts.

> In museum-world parlance, this argument against open access is known as "the gift shop defense."

> I asked them to reconsider their position, and to prioritize the benefits to the public of open access over gift shop revenue.

> I also made a new freedom of information request, this time for info about that revenue. I asked for records of their revenue from the sales of replicas of any artifacts, including the Bust of Nefertiti, that were derived from their scans. I asked for records of revenue from the licensing of any of their scan data to third parties. And I asked for any records that demonstrated how that revenue was directed to digitization projects. Finally, I asked them if they would accept a financial donation in exchange for making their Nefertiti data freely available to the public and, if so, what their price was.

> SPK's response, five months later, was revealing.

> SPK confirmed it had earned less than 5,000 euro, total, from marketing the Nefertiti scan, or any other scan for that matter. SPK also admitted it did not direct even that small revenue towards digitization, explaining that it was not obliged to do so.

( https://reason.com/2019/11/13/a-german-museum-tried-to-hide-... )

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