Berkman

Berkman People

Keep track of Berkman news and conversations by subscribing to this page using your RSS feed reader. This aggregation of blogs relating to the Berkman Center does not necessarily represent the views of the Berkman Center or Harvard University but is provided as a convenient starting point for others who wish to explore the people and projects in Berkman's orbit. As this is a global exercise, times are in UTC.

July 20, 2008

David Isenberg
Quote of Note: Phil Gramm
"In economics, we define labor exploitation as paying people less than their marginal value product. I recently told Ed Whitacre [former CEO of AT&T, who retired with a $158 million pay package] he was probably the most exploited worker in American history because he took Southwestern Bell, which was the smallest of the former Bell companies, and he turned it into the dominant phone company on earth. His severance package should have been billions."

Phil Gramm, John McCain's economics advisor, in June 28 WSJ interview. [link]

[The rest of the interview is just as breath-takingly bloodless. Guess Gramm and company have not gotten the memo yet.]

Technorati Tags: , , , ,

by isen (noreply@blogger.com) at July 20, 2008 08:26 AM

July 19, 2008

David Weinberger
Daily (Intermittent) Open-Ended Puzzle (DOEP): The triple negation of butter

We often buy “I Can’t Believe It’s Not Butter” despite its awful name and soul-withering chemical composition. Even the product’s faux-entertaining site refers to it as a “nutritious blend of oils.” Mmm. But, I like it, so shut up.

In fact, we just bought the “light” version of it, which is therefore some sort of simulacrum of the original. I can’t figure out whether its name should therefore be:

1. “I Can’t Believe I Can’t Believe It’s Not Butter”

2. “I Can’t Believe It’s Not Not Butter”

or

3. _______________________ (fill in the blank)

[Tags: ]

by davidw at July 19, 2008 10:03 AM

July 18, 2008

David Weinberger
Not watching The Daily Show nearly as much

I find I’m not watching The Daily Show nearly as much as I used to, I think because Bush has dropped out of the scene so much that I don’t need the emotional release Jon Stewart was providing for me.

I bet I wouldn’t be as fanatically devoted to The West Wing now if it were still on.

The Bush Departure: Taking the comedy, leaving the tragedy.

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by davidw at July 18, 2008 09:02 PM

Gene Koo
Textbook pirates, aaargh
Looks like someone in the publishing industry’s PR machine has been hard at work peddling this story: Textbooks, free and illegal, online: Use of pirated works hurting publishers I’m sure that piracy is cutting into sales, but as is typical, the story lacks any quantitative data substantiating its overall alarmist tone. As far as eLangdell is concerned, this [...]

by Gene Koo at July 18, 2008 08:56 PM

David Weinberger
But enough about me. Now lets talk about bunnies, pancakes, and their intersection.

This was passed along by Jacob Kramer-Duffield, a summer intern at the Berkman Center, for no reason other than that its a summer Friday.

Tags:

by davidw at July 18, 2008 07:43 PM

Gene Koo
Hub2 engages Allston residents in designing Honan Library Park
Something remarkable happened last night at the Hub2 Honan Library Park design session. People were laughing — laughing because they were having fun and enjoying an open design process. Nine residents of North Allston sat down with our staff, experienced the space virtually on both the big screen and their own laptops, and brainstormed [...]

by Gene Koo at July 18, 2008 04:38 PM

Jonathan Zittrain on the Future of the Internet
Global Online Freedom Act: Governments Can’t Protect Freedom by Themselves

New legislation being considered in Congress would prevent US companies from aiding the censorship and surveillance operations of repressive foreign governments. The Global Online Freedom Act (GOFA), sponsored by Chris Smith (R-NJ), would track foreign Internet monitoring and blocking efforts under a new Office of Global Internet Freedom and would prevent US tech firms from handing over sensitive user information to so-called Internet-Restricting Countries. (Internet Restricting Countries, or IRCs, would be those that were “directly or indirectly responsible for a systematic pattern of substantial restrictions on Internet freedom.” China would be included, of course, but what about Australia or Finland?) On balance, GOFA would help the cause of Internet freedom, or at least provide a better understanding of surveillance worldwide. Yet some of the provisions are misguided, and could actually hurt the cause GOFA aims to further.

Let’s focus on Section 201, which would prevent US companies from “locating” sensitive user information within Internet-Restricting Countries. Just what “locating” means here is not entirely clear: is a Chinese GMail subscriber’s email located on her own computer, in Mountain View, California, or on one of the many routers in between? Regardless, the goal here would be to make it more difficult for Internet-restricting governments to claim jurisdiction over, and gain access to, user data.

Unfortunately, as the Center for Democracy and Technology makes clear (pdf), Sec. 201 would almost certainly fail to achieve its objective, and might actually cause more harm than good. If US companies couldn’t place important servers within IRCs they would be forced to degrade some low-latency services (e.g. IM) and discontinue others (e.g. VoIP). This would discourage US investments in these countries and encourage less scrupulous foreign companies to take their place.

More importantly, Section 201 would be unlikely to impact IRCs jurisdictional claims. As Internet law rapidly evolves, countries have repeatedly and successfully demanded that information be controlled or monitored, even when that information is hosted outside their borders. Forcing US companies to locate their servers outside IRCs would only make their services less reliable; it would not make them less regulable.

If the goal of GOFA is to discourage US companies from violating human rights, then it will probably be successful. But if the goal of the Act is to make the Internet more free and more safe, and not just push rights violations on foreign companies, then more must be done. Here are three suggestions that together might accomplish what Sec. 201 aims to do:

  1. Publicize privacy restrictions: If companies are clear with their users that they intend to follow the laws of IRCs, users will be less likely to put dangerous content online. Many of the largest ICT firms are already working in coordination with the Berkman Center to create an industry standard for disclosing their privacy policies.
  2. Push privacy protection to the edges: By giving users in IRCs access to privacy protection technologies like Tor or Anonymizer, users will be able to protect their own privacy without government mandates.
  3. Make that push to the edges possible: Protections against surveillance are pointless if content is automatically filtered. Congress can mandate export controls against IRCs, preventing US companies from selling filtering technologies to these countries. In fact, GOFA begins the process of mandating just such export controls.

GOFA is, on balance, a step in the right direction. But the problems with Sec. 201 show that the government cannot protect the Internet openness by itself. These suggestions would shift some of that responsibility for protecting freedom and innovation towards interested individuals and responsible companies.

-Brendan Ballou

by bballou at July 18, 2008 12:47 PM

Charles Nesson
forward to eon

dsc_0120.JPG

i have an idea
a story starts with isaac’s email

Forwarded conversation
Subject: gallery XIV
————————

From: William Kerr
Date: Thu, Jul 17, 2008 at 3:41 PM
To: Charles Nesson , Isaac Meister

hi isaac -

i’m planning to get to the gallery early tomorrow morning - so feel
free to come at 10:30 or anytime after 8:30am.

…as we siad, it’d be great to have a few snippets from last night to
use in my next mass communication/press release. we’ll talk about
that tomorrow.

but the live feed is going to be simply amazing.

-w
508.735.1016 cell

gallery director - Gallery XIV Boston
37 Thayer Street
Boston, MA 02118

(617) 482-1414

http://www.galleryxiv.com
———-
From: Isaac Meister
Date: Thu, Jul 17, 2008 at 3:47 PM
To: will@galleryxiv.com
Cc: Charles Nesson

Hi Will,

Bad news on that front - the audio we captured, starting with Charlie’s speech to the camera, is unrecoverable. The incompatible mic adapter HLS media services provided didn’t do the job expected, in spite of the fact that during operation last night everything seemed to be working fine. I’m completely redoing the setup and will test every link in the chain to make sure this doesn’t happen again. If the video without audio will be of any use to you, I can of course provide you with that, but no dice aside from that.

I’ll see you tomorrow and we can test things.

Isaac

Isaac Meister
+1 617 312-3262 (m)
———-
From: William Kerr
Date: Thu, Jul 17, 2008 at 3:55 PM
To: Isaac Meister
Cc: Charles Nesson

oh well. that’s what we thought might be….

..for now, i think that video without audio will be good. just fine.
maybe there are a few particularly interesting moments? we can use
these bits to promote the channel going *LIVE* — and then we can make
some announcements for our programming for the next few weeks, at
least. i’m ready to be here all of the time…even change our summer
hours to be open at night…we’ll see what makes most sense (cents)

i’m planning to sent another communication to my list + press release
tomorrow afternon. i can announce the live show them too if it’s all
worked out.

-w
———-
From: Charles Nesson
Date: Thu, Jul 17, 2008 at 6:15 PM
To: Isaac Meister

isaac, please call me

——
when appropriate (in my judgment) to an open project and not sensitive (in my judgment) in terms of privacy, i may post email to my blog. all privacy requests respected.
———-
From: Charles Nesson
Date: Thu, Jul 17, 2008 at 6:20 PM
To: Isaac Meister
Cc: will@galleryxiv.com

you are kidding, right?

***

isaac wasn’t kidding. a mono connector from a stereo mic twisted our sound into buzz unrecoverable. ouch.

here’s audio to run as voice over.

eon71808.mp3

here is audio mix thanks to wayne and a DJ friend in san francisco to run under

barack-star.mp3

eager to get running

The Rhetoric Room at Gallery XIV

For most people, “Rhetoric” is synonymous with bullshit. But in classical terms it is the art of communicating effectively. Indeed, how we express our most important ideas, whether in politics, business, or everyday life, plays a critical role in shaping the world we live in. If “ideas have consequences,” as a philosopher once titled an important book about our culture, then so too do words, images and sounds have meaning. For it is rhetoric, after all, that articulates our ideas and gives them wings to fly and allows them to propagate.

The Rhetoric Room is an interactive experiment promoting various modes of effective communication about big ideas. The rhetoric used to promote them ranges from political debate to art to multi-media presentations through video, radio, music, theatre and the Internet. Our goal is to raise the level of discourse by restoring rhetoric to an honorable role in society. No bull. Please join us.

Rhetoric Room Sponsors

Global Poker Strategic Thinking Society

Schedule of Events

July 28, 2008

ETC.

by nesson at July 18, 2008 12:17 PM

July 17, 2008

Persephone Miel
Can VRM save Public Broadcasting?

We want to support the programs we love.
We want to support the people who might produce programs we might love in the future.
We don’t want to save public broadcast stations just because they are transmitters that used to be the only way we could get these shows, but we do want to support stations that create and support communities.
We want to be able to donate money for podcasts, individual shows and stations.
We want to do this in ITunes and on the IPhone and in other places too.
We want to support stations to produce shows we don’t care about, because other people might be interested in them.
Some of us (OK, exactly one of us) don’t mind pledge weeks, but want additional options for supporting podcasts.

We all hope that this little picture
will help us do what we want.

That’s the “Relbutton,” “rel” being short for “relationship.” The Relbutton was one of the hot topics at the first workshop of Project VRM, which I was lucky enough to attend some of yesterday and today. Sadly other commitments interrupted, so I missed some sessions, but I did make sure to be at the session on VRM and Public Media, which is where we reached the above conclusions.

VRM is Vendor Relationship Management, the alternative to CRM, Customer Relationship Management. As someone who only learned what CRM was when learning about its replacement, I believe that VRM will eventually need a less geeky, less reactive, more assertive name like BISS (Because I Say So), but that will come.

In the meantime, VRM is a wonderful set of concepts and projects-in-progress about giving consumers control, even consumers who are getting something for free. Hence the excitement about the public media and the Relbutton. The button will let us as listeners/viewers/readers say: “Hey, I am interested in this story/podcast/program/series/station/website and I would like to support it in some way, on my terms, when and how it’s convenient for me.”

Once every public media distribution platform is outfitted to accept Relbutton input, you’ll be able to use the Relbutton to build whatever kind of relationship you want to establish with them, whether it’s donating $5 once or $50 monthly or getting on a mailing list or learning that the station needs in-kind donations of something you have a garage full of. If the object of your desire isn’t set up (the technical term is “VRM-compliant”) yet, the Relbutton will collect and escrow this information and send the producers a message to let them know that they are missing out on your love.

Those of us who don’t love pledge week can hardly wait for the VRM gang to make this real. Stay tuned.

by Persephone Miel at July 17, 2008 05:56 PM

David Weinberger
Marco Montemagno’s project

I am an admirer of Marco’s. His new project is trying to explain what’s important and real about the Internet. Its page is here,. It’s in Italian, but I am confident in recommending it without having read it. (I’m still on the road, and only have 3 minutes left on the free hotel wifi before its 15 mins are up.)

by davidw at July 17, 2008 04:49 PM

Doc Searls
Polar Xtreme

J. Dana Hrubes has been reporting on his work and life at the North and South Pole for the last few years, but I just discovered his site this morning via the 12 July Aurora Gallery at SpaceWeather.com.

Here’s his report on 2007-2008. Here is the June page, with some amazing pictures of the aurora australis in the midst of stars. Plus this paragraph:

  June is the month when we celebrate the midwinter solstice. It means that we have lived through 3 months without the sun and there are 3 months until sunrise on September 21st. As for me, I get sad when the sun starts to rise because it means that the magic of walking miles each day to work and back under the beautiful skies of the South Pole will be over. But for now, we still have plenty of darkness left and the two coldest months are just beginning, July and August. I hope to beat my record low of -110.7 F (almost -80 C) which was in early August, 2005. I personally would like to experience -118 F and break the all time record since records at the Pole began in 1957. That also happens to be the temperature that carbon dioxide freezes at this altitude (over 10,000 ft equivalent). By the way, these are actual static temperatures, not any of that wind chill nonsense. Even at temperatures below -100 F, we still hike out to the telescope every day. I haven’t missed one day at South Pole Telescope since I got here on December 8, 2007.

His weather widget says it’s -89°F right now, or -65°C. Still, good to be there, if only vicariously.

by Doc Searls at July 17, 2008 02:38 PM

Happy Birthday, Pop

Today is the 100th birthday of my father, Allen H. Searls. He only lived about 71 of those years, but they were all good ones, and I miss him still.

I’m writing this from Portland, Maine, on our way up to his sister Grace’s place near Booth Bay, where the family will gather to reminisce and otherwise enjoy the world we all occupy for too short a time.

Here is a photo gallery of shots from Pop’s life, including some amazing ones from his job working as a cable rigger on the George Washington Bridge — a structure that went up, almost literally, in his front yard. (A few decades later, when the lower deck of the bridge went in, the house he grew up in was demolished to make room for more roadwork.)

I’ll be adding more to this collection over the next few days as we scan and upload more shots from this collection and Grace’s as well.

by Doc Searls at July 17, 2008 01:29 PM

Markets under reconstruction

Here’s my report (with links to as much as I could gather in a short time) on the VRM Workshop, over at the ProjectVRM blog.

It was an outstanding event. Lots of projects and subjects were not only vetted with the whole group, but moved forward very effectively. Thanks to everybody who came, or participated over the Web.

And thanks to the Berkman Center for hosting the event, and to Harvard Law School for providing excellent facilities. Well done.

by Doc Searls at July 17, 2008 01:20 PM

Charles Nesson
TIME

mark twain tells a wonderful story about poker as a game of skill, called Science_vs._Luck. here he is, front of TIME magazine. why he was ahead of his time on race. what his writing can teach America today

marktwain

here the copy sits on my desk next to the screen of my machine
with a gallery of windows that open at my click

marktwain11.jpgmarktwain2.jpgmarktwain3.jpg

marktwain4.jpg

inside TIME is high rollers with poker barack and crap shooter john

marktwain6.jpg

marktwain7.jpg

dsc_0123.jpg

lil-wayne.JPG


Obama References Lil’ Wayne


Time | July 9, 2008 10:03 AM

by nesson at July 17, 2008 12:23 PM

danah boyd
seeking a productive relationship with medicine and the Internet

Ever since I left Beijing, I've felt like hell. A myriad of odd and seemingly disconnected symptoms have plagued me all month. My least favorite is the persistent cough that tastes like iron that makes me think I'm coughing up my lungs for realz. I find the sneezing to be mostly entertaining, although 14+ sessions a day of 3+ sneezes each has gotten a little overwhelming, even if said sneezes are awfully cute. Most of the others are just odd. None of them are worrying, except in aggregate. I feel like my body is rebelling against its very existence. Unfortunately, the seriousness of the odd symptoms took a turn for the worse this weekend. The combination of dizziness, nausea, and loss of vision forced me to leave a geek campout that I had been looking forward to for quite some time. Luckily, good friends were there to worry about me and help me get back to LA.

The Internet is dangerous when you have a disparate set of odd symptoms. There's good reason to believe that I have mono, rare allergies, and a wide array of different cancers. Needless to say, I don't trust the Internet to diagnose me. So I set about trying to find a way to get a doctor to help me. For once, I have real health insurance. (Of course, that doesn't help so much when you don't have a primary care physician because getting an appointment is a bitch. And goddess knows that going to the ER in LA sounds like the worst idea possible.) I ended up going to a university clinic where the doctor listened to my symptoms, decided that I must have migraine auras, wrote me a prescription and whisked me out of there before I had time to process what was said. Not a single test, unless you count the reflex one. I paid an absurd price for the meds and then went home to read about them on the Internet.

What I found bothered me. Oddly, the list of symptoms for migraine auras pretty much matched up with the list of side effects for the medicine. What it supposedly treats are also what it might cause. While headaches are not a requirement for migraine auras, headache-free migraines are rare and usually involve a history of related migraines. I don't have these problems. So I'm sitting here, reading about a diagnosis that doesn't seem right and reading about a medicine that seems to cause more problems than it helps. Besides, the instructions indicate to take the medicine when I have a headache. And furthermore, what does this have to do with my iron-tasting cough?

While the Internet is not diagnosing me, it is making me call into question the supposed diagnosis and treatment. I feel both empowered and disempowered by this source of information. Or rather, what makes me feel disempowered is the lack of a way of integrating this information into a productive move towards wellness. If I take the meds, I'm subjecting my body to chemicals that seem unnecessary and irrelevant. If I don't, I've just wasted a day and am back to square one in feeling shitty with no path forward. Part of me wants to call the doctor, but I didn't like the dynamic in our meeting so I can't imagine a phone one where I come bearing Internet information. Instead, I will see another doctor.

All of this makes me wonder... isn't there a better way to integrate information and medicine in a productive manner? I mean, I've read Birth of the Clinic and I know all about the power relations involved in medicine, but can't we undo that somehow? I know that the doctors don't know everything but I hate being treated like an idiot in the clinic and feeling like a criminal when I investigate my diagnosis/treatment and, implicitly, call into question the authority and power of the doctor. All I want is to be healthy and to know why my body feels like crap. What will it take to make medicine a collaborative endeavor? I've known some awesome doctors who are more collaborative over the years, but why can't that be the norm? And why can't there be a better way to match doctors and patients than geographic lookups on insurance websites? How can we get Yelp-like descriptions of doctors rather than the RateMyProfessor-esque ratings that do exist? What's it going to take for the walls between patients and doctors to come down?

Yes, I'm ranting. I need something to do with this pent-up ickiness. Besides, ranting here also serves to explain why I'm dreadfully behind in responding to everything, especially anything that requires thinking. Sorry about that. My brain is moosh. I just hope that my angry body isn't doing permanent damage on my mooshy brain.

PS: I can't wait to be healthy and post-dissertation so my blog stops looking so lame.

health medicine

by zephoria (zephoria-blog@zephoria.org) at July 17, 2008 10:45 AM

July 16, 2008

Doc Searls
NPR gets Mashable

National Public Radio has announced a new API. The gist:

  …almost everything that you can find on NPR.org that we have the rights to redistribute is available through the API. This includes audio, images, full text, etc. That said, there are elements, series and programs that we could not offer due to rights restrictions.

Archives go back to ‘95. Hat tip to Andy Carvin.

by Doc Searls at July 16, 2008 10:01 PM

danah boyd
medical update

First, thanks y'all for your advice and support. Today, I visited a different doctor and it was much much better. She was willing to parse out the different symptoms and offer hypotheses and ways to test these possibilities. She ordered full blood work and, with the advice of a spine/neuro brother team, a CAT scan. Plus, since we know the neck thing is an ongoing issue, she's ordered PT to help me further stabilize my neck without creating new injuries. This is purrrfect since personal trainers, swimming, yoga, and pilates have all been abysmal failures.

There are still lots of question marks, but I'm much happier with how we're proceeding. I feel like I'm being taken seriously and that she's treating this like a puzzle to be solved systematically. And she's not focusing on treating the symptoms but getting at what's underneath them. w000t!

Anyhow, thanks for all of the love and support and hopefully I'll know more soon.

health

by zephoria (zephoria-blog@zephoria.org) at July 16, 2008 06:13 PM

Infolaw: Bill McGeveran, Derek Bambauer, and Tim Armstrong
“Rethinking Trademark Fair Use” Now Posted

My full-length article about the practical problems with trademark fair use (and possible reforms) is now available on SSRN. It will appear in the Iowa Law Review at the end of 2008. A shorter “prequel” was published earlier this year.

This is the abstract of the new paper, entitled Rethinking Trademark Fair Use:

The ever-expanding scope and strength of trademark rights has caused justifiable fears of a threat to free expression. Until now, however, concerned scholars generally focused on perfecting the substance of legal rules that balance free speech against other goals. This effort is misplaced because most cases raising these issues in recent years ended in judicial decisions that favored speech. The real danger arises from the procedural structure of trademark law’s various “fair use” doctrines, which generate excessive ambiguity and prolong litigation before ever reaching such positive outcomes. Resulting administrative costs discourage speakers from using trademarks expressively in the first place, creating a classic chilling effect. This Article is the first to analyze these problems with trademark fair use comprehensively and recommend pragmatic reform to address the problems. Instead of adding more bells and whistles to already complex law, we should craft simpler affirmative defenses that reduce uncertainty and allow for quick adjudication.

I’d welcome any and all comments, either here or off line!

by William McGeveran at July 16, 2008 04:10 PM

Still More Online Salary Data

I have complained before (here and here) about private entities that make public employee salary data available online. Now my local newspaper, the St. Paul Pioneer Press, has jumped on the bandwagon, plopping data about the paychecks of at least 52,000 state, county, and city employees into an online database, conveniently searchable by name. (Actually, the newspaper can’t get it straight, since the same page states in different places that there are “52,000″ and “more than 54,000″ records in the database.)

The accompanying articles analyze statutory salary caps that, the newspaper suggests, are causing pay compression and making hiring and retention more difficult, at least at the top of the scale. Fine, probably an important issue (although the stories don’t say much beyond that one-sentence summary). But how does this journalistic purpose justify providing a database that lets you enter the name of any mid-level public employee and find out how much he or she makes? Answer: it doesn’t. Indeed, the reporters and editors at the paper seem to agree, as their articles include almost no particular examples of average employees’ salaries. The articles were accompanied by an unusual front-page letter from the editor. Its extremely defensive tone and lack of any real argument showing why name-by-name results would help readers understand the bigger issues shows that the editors were nervous about their incursion on privacy, but not enough to do the right thing:

(more…)

by William McGeveran at July 16, 2008 03:40 PM

David Weinberger
Mobile social networking

Spending an interesting day in Milan in conversation about whether Web-based social networking sites/services are going to continue to shape our expections about SNSes (and sociality), or whether the ubiquity of mobiles will wag this dog. The social roles of SNS on the two platforms are so different. One creates my presence, the other announces my temporality.

(Hint: Don’t try blogging on ytour blackberry on a bus.)

by davidw at July 16, 2008 02:59 PM

Charles Nesson
kids connect with ABRAHAM_OBAMA

word-to-abraham.jpg

From: Leo Whelan

The kids have been mobilized,
and they are starting to get pretty excited.
So far I’ve brought all my older groups (about 80 kids) to see the
wall , talk about it, and start creating their own colored versions.
Check out the pic of our first batch. Much more to come: I estimate
that if I can get 130-140 pages colored back at the art room - in the
next round mixing paint - we’ll be able to create a block the size of
one of the panels. Could alternatively be made into a book version
with the images accompanied by statements, collage, other types of
reworked versions (digital)… lots of potential directions.
What’s most exciting to me is this contagious feeling of empowerment
that is growing as the kids realize the connection between making an
artistic statement and becoming involved in the political process.
Most of them are too cool to admit it yet (at least to me).
More pics and maybe video to come.

Will

by nesson at July 16, 2008 01:08 PM

Jonathan Zittrain on the Future of the Internet
DVD Rippers and Tolerated Use

A new study by Future Source Consulting reports that 1/3 of US residents have copied a DVD in the past six months. This number, high as it is, might not be surprising. What is surprising is how little action the television and film industries (at least in comparison to the recording industry) have taken in response to such commonplace copyright infringement.

Why might this be? Why would content producers fail to enforce their legal right to prevent most of this ripping and sharing? It’s unlikely that film and television producers are unaware of or unconcerned by DVD ripping. Rather, they probably think that this sort of infringement is too hard to prosecute, and that the individual infringers are too “low value” to worthy any sort of extensive legal action. Content producers also probably recognize that at least some of these infringing uses actually add value to their products: ripping a DVD to post clips on an Internet fan page, or sharing a DVD with a friend who becomes an addict of the show might actually increase legal viewership.

What we’re seeing here is the emergence of what Professor Tim Wu calls “tolerated use.” This is use that is not legal, but that content creators take only occasional action to prevent. In this way the specific case of DVD ripping is like Internet users posting copyrighted content onto YouTube, or fans of Lost posting the transcripts of the show on Lostpedia. These sorts of infringing uses are generally hard to prosecute, involve low value targets, and occasionally create marketable opportunities for the original content creator or distributor. Theoretically the content creators could swoop down at any time and stop the unlawful infringement, but for the most part it just isn’t in their interest to do so.

Is tolerated use a good thing? Maybe. In general consumers get to continue to use their technologies in the ways that they want, and content creators get to maintain ultimate control over their products. However, the situation with tolerated use is analogous to the situation with the Facebook API. While coders on Facebook can in theory create most any kind of product they want, Facebook reserves the right to block or impose charges for the product at any point. The coders are free as a matter of fact, but not as a matter of law.

The same situation is going on with DVD rippers and tolerated use. People can rip DVDs, share those DVDs with a few friends, and post clips on YouTube. But they can’t do so “resiliently.” That is, their use could be blocked or controlled at any moment.

This sort of fragility in action almost certainly deters innovation and deprives individual users of a sense of autonomy. In a choice between total technological lock-down and tolerated use, tolerated use is certainly superior. But to the extent that innovation and autonomy are things we value, tolerated use is only a partial solution to over-broad copyright laws; it is not an ideal.

-Brendan Ballou

by bballou at July 16, 2008 12:47 PM

July 15, 2008

David Isenberg
Fact-Check Follies
Dave Farber published a link to factcheck.org on his IP list. Looks like a lot of good stuff there on political lies, etc., but the one fascinating "fact" article that got my attention said that trains can move 438 tons one mile on a gallon of fuel. I dug into it, and it came up short. Factcheck documented the 438 ton-miles per gallon claim nicely. So hey, it's a fact.

But then they try to frame this fact in the context of railroads versus trucks, and they completely fail to answer the question, "How many ton-miles per gallon for a truck?" They quote trucking association executives, "fair and balanced" news-story style, but never address the basic question.

So I did a little Googling and some back-of-the-envelope . . . the max legal gross weight of a truck in the US is 40 tons. The consensus of several sources is that an 18-wheeler gets six miles per gallon on a good day with a following wind (though the average seems to be more like four). So, assuming
1) All of that 40 tons is cargo,
2) trucks are always loaded to the max and never deadhead,
3) trucks get 6 mpg average,
then trucks move 240 tons on a gallon of fuel.

In other words, even when truck efficiency assumptions are absurdly optimistic, trucks only get about half the cargo moving efficiency of rail.

Some more realistic assumptions:
1) 30 tons of cargo to max gross (subtracting empty weight of truck)
2) with light loads, deadheading, et cetera, average load is 75% of max gross
3) 4 MPG
then more realistically, trucks move 90 tons one mile on a gallon of gas diesel.

OK, so the "fact" behind the original factcheck article is that trains are something like five times more efficient than trucks. Factcheck missed this altogether. I wonder how they *really* do on the candidates?

Technorati Tags: , ,

by isen (noreply@blogger.com) at July 15, 2008 09:08 PM

David Weinberger
I am apparently running for president

Not only that, I am famous for being unknown.

This video is just weird, and pretty funny, although being the butt of the joke undoubtedly affects my judgment. That is, being skewered skews…

Apparently, I’ve been punked ut good.. Good one!

by davidw at July 15, 2008 02:53 PM

On the road

I’m in Milan for an afternoon, and then in Madrid for some part of a day, and then home. Blogging may be lighter than usual.

I’ve been in Milan several times before. Every time I see it, it seems like a different city. I’m not sure if it’s seasonal, because of the accidents of the parts of town I see, or one of the great pleasures of a failing memory. But, my, what a beautiful city it was this afternoon! [Tags: ]

by davidw at July 15, 2008 01:45 PM

danah boyd
Can the iPhone hit crucial network density for noticable cluster effects?

On Friday morning, I was shocked to find my always-empty neighborhood AT&T store host to a long line of iPhone cravers. What shocked me even more was that the diverse group didn't look like typical Apple consumers. They sold out quickly and are still sold out. I remarked on this to the cab driver and he smiled and raised his Gen 1 iPhone, telling me that his cousin wanted him to borrow it for a few days to convince him to get one. His cousin thought it would completely change what it meant to be a cab driver in LA. Not only would it give real-time traffic info but it would let him know where his fellow cab friends were with ease. My driver was starting to agree with his cousin (who should definitely be earning commission for his iPhone sale).

I had never thought about the cab driver case. Cab drivers in my city are always so excited to see a familiar face on the road and they wave enthusiastically. Those who hang out at the airport have strong networks of fellow cab drivers who wait with them. While they're always tethered to their company, the iPhone would let them connect to one another all day long. I could just see the joy in this driver's face as he imagined when he'd be able to look at the screen and see all of his friends on the map buzzing around the city alongside dots telling him which surface streets to avoid.

I've been anxiously awaiting this launch in the hopes that it might show the power of cluster effects wrt mobile phones. Cluster effects describe the emergent practices that occur when the density of infrastructure adoption in a social network reaches a critical tipping point. In other words, cluster effects are the cool things that people do when all of their friends can do the same things. We take cluster effects for granted in the Internet space because, by and large, entire friend groups can jump onto a computer, grab a browser, and login to a website. In terms of clusters, the barriers to Facebook or MySpace are more personal than infrastructural. (Those who lack general access tend to have friends who lack access.) Mobile phones are different. Even if all of my friends have a Nokia N95, the likelihood that we're all on the same carrier with the same plan is next to null. The result is that I can't install an app onto my phone and expect all of my friends to be able to play along. This kills mobile social software from the getgo.

So far, there have been few examples of dense mobile adoption platforms. There's the Crackberry, but that audience isn't exactly the most innovatively social. The Sidekick was impressive amongst deaf communities and urban youth, but T-Mobile managed to lock that puppy down so heavily that no innovative practices really emerged. Still, if you look at the AIM usage in those clusters, you get a good indicator of the potential. And that's all folks.

The iPhone has the best chance of hitting that tipping point of anything out there. For the most part, everyone is stuck on AT&T. And everyone gets a data plan. And the phone is semi-open. The price is still out of reach for most high schoolers who rely on parental pass-me-downs, but it has a decent chance of hitting other clusters. I was banking on urban 20-somethings, but I love the idea of it hitting cab driver clusters.

Right now, a phone is primarily a 1-1 communication device and, if you're lucky, an information access device and a portal to the web. Interesting things can happen when the mobile is a platform itself. In other words, when you can assume that everyone around you has the same tool, you can start doing networked activities that don't rely on a website. Cluster effects in mobile will be what happens when the LCD is not texting. From there, you can innovate. Sure, we're going to see a plethora of mobile social network sites and mobile location friend services and mobile dating and mobile media sharing communities. The first wave will always be a translation of the web. But once you have cluster effects, you can also start innovating and finding new services and tools that allow people to connect in meaningful way. New games can emerge. New social services. Innovation in this space will be iterative - it will involve throwing things out to the market and seeing what consumers do and do not do. It will require iterating based on their practices and not trying to shove those curvy creatures into square holes. But there's no point in leaving the starting block until cluster effects are underway because, sadly, iterating in imagination land inevitably leads to techno-utopian fantasies instead of meaningful applications.

Gosh do I want to see cluster effects triggered in mobile space. There's such great potential for interesting things to take place. Sure, I'd rather see it take place on open platforms and open networks. And I am a bit worried that, without openness, we're going to see some not-so-good side effects. I definitely share Zittrain's fear of non-generative technologies. But part of me would rather fucked up market effects trigger cluster effects instead of governmental decrees. We all know that something has to break in mobile somewhere sometime soon. Our options are limited. Option 1: all carriers and handset makers need to start playing along. Option 2: some combination of handset/carrier triggers massive adoption. Option 3: municipal wifi emerges, allowing the web to serve as a temporary bridge. Option 4: governmental intervention demands platform infrastructure. These options all have downsides... Option 1 is a pipedream. Option 2 creates a monopoly risk. Option 3 will take a long time to unfold and still requires handset compatibility. Option 4 is more realistic in some countries than others.

Anyhow, there's a decent chance that Apple & AT&T will screw this one up, but they have the best chance to hit Option 2 right now. And really, I'm bored. And I want a new phenomenon to study. And I want to see what happens when people can do weird and interesting mobile-based social stuff. I'm especially curious how this might affect mobile-centric populations, although that's still a ways off. But yeah, possibility is in the air.

So.... AT&T, Apple, and Market Research Firms: I strongly encourage that you watch the network density of iPhone adoption. (Note: raw numbers don't matter... you want density of adoption amongst pre-existing friend groups.) If there's anything you can do to encourage network density, you won't regret it. If you can tip full clusters to the same platform with all-you-can-eat plans, you can launch all sorts of interesting things that will fundamentally alter practice and change the mobile landscape. Please don't screw it up.

iphone clustereffects networkdensity mososo

by zephoria (zephoria-blog@zephoria.org) at July 15, 2008 10:41 AM

July 14, 2008

Jonathan Zittrain on the Future of the Internet
The Future of the ‘iPatriot Act’

Larry Lessig’s generous review of the Future of the Internet makes an interesting point:

“Whether a single event, or a coordinated event, whether intentional, or accidental, it is simply a matter of time before a catastrophic network event happens. And when it happens — think of it as a kind of i9/11 event, but the bad guys are not Al-Qaeda — will we be prepared for the inevitable iPatriot Act response? Are we better prepared than civil libertarians were when we were hit with the USA Patriot Act? Have we even framed the right debate?”

First, will there be an ‘i9/11′, and second, will it prompt an ‘iPatriot Act’? The actual chances of a catastrophic network failure are pretty slim. But were one to occur, it would probably look a lot like the attacks on the DNS root servers in 2007. Here’s what happened:

The 13 Domain Name System (DNS) root servers record who controls the Top-Level Domains (’.com’, ‘.edu’, ‘.uk’, and so forth) and where. This file of information is quite small, and very few computers actually have to call upon the root servers to find the sites they’re looking for. But without them, the single Internet we’re used to would fracture, and computers would have no easy, reliable way to find the IP addresses they’re looking for.

On February 6, 2007, hackers issued a Distributed Denial of Service (DDoS) attack on the root servers, sending gigabytes of useless requests every minute in order to overload the roots and prevent them from responding to genuine Internet traffic. Such an attack was made possible only by harnessing the power of hundreds or thousands of ‘zombie’ computers infected with malicious bots.

The 2007 DDoS attack failed, however. Because the malicious network traffic was relatively easy to distinguish from genuine network traffic, and because most of the DNS root servers were able to distribute the requests over hundreds of component computers, only two of the 13 servers (each themselves made of dozens of computers) were affected. And this was the most successful such attack against the network. In order to noticeably disable network traffic, hackers would have to (in theory at least) destroy all thirteen servers.

All of this is to say that a catastrophic network failure, while possible, is unlikely. But that’s not to say there won’t be an ‘iPatriot Act’. In fact, we’re already seeing its development in agencies and hearings across the country, as regulators push policies that discourage open, generative products and encourage closed, tethered ones.

Take, for example, the Department of Homeland Security’s list of ‘best practices’ for software developers. Among the suggestions:

Don’t trust users: “Developers should assume that the environment in which their system resides is insecure. Trust, whether it is in external systems, code, people, etc., should always be closely held and never loosely given.”
Secure the end-points: “Attackers are more likely to attack a weak spot in a software system than to penetrate a heavily fortified component. For example, some cryptographic algorithms can take many years to break, so attackers are not likely to attack encrypted information communicated in a network. Instead, the endpoints of communication (e.g., servers) may be much easier to attack.”

In themselves these are not bad pieces of advice. But within DHS’s broader vision of online security, they indicate that the government considers safe technologies to be tethered technologies, and vice versa.

Take as further examples any of the current IP-enforcement laws working their way through Congress. H.R. 4279 would create an IP czar at the Department of Justice; S. 522 would create an entire ‘Intellectual Property Enforcement Network’; and S. 2317 would allow the Department of Justice to sue copyright infringers in civil as well as criminal court.

What’s interesting about these bills is that more often than not, Intellectual Property protection is packaged as consumer protection. In fact, just last month the Senate held a hearing entitled “Protecting Consumers by Protecting Intellectual Property”, in which witnesses and legislators advocated for the very bills discussed above.

What all of this amounts to is that agencies and officials are pushing increasingly closed systems of code and increasingly strict Intellectual Property regulations. Both of these encourage increasingly tethered appliances. We don’t need a catastrophic network failure to have an ‘iPatriot Act’: such an act is already in the works.

by bballou at July 14, 2008 09:28 PM

Rebecca MacKinnon
Weng'an riots, push-up protests, fifty-cent party, astroturf...head spinning yet?

The most common method used by academics to map or track what bloggers are talking about in various countries is by counting the use of various keywords and putting them into categories, then figuring out how the various conversations - tagged by subject matter - seem to cluster.  The Chinese Internet presents a special problem for this kind of research, because in order to avoid censorship, people frequently talk about one thing when all their peers know they're talking about something completely different. 

Pushup GwTake, for example, Chinese bloggers' recent obsession with pushups: People created a  website and a forum dedicated to pushups; somebody photoshopped a naked man doing pushups at various famous Chinese tourist sites; people created all kinds of flash mashups celebrating pushups... huh? 

What these people are actually doing is expressing their frustration about the fact that many BBS forum conversations and blog posts talking about the recent Weng'an riots were censored. For very detailed coverage and translations of a variety of media reports, see Roland Soong's blog. In a nutshell, a young girl turned up drowned in the river in Weng'an county, Guizhou province. Family members suspected foul play and word quickly spread that the girl, Li Shufen, had been raped and murdered by boys who were probably related to people in the Public Security Bureau - resulting in protests by 30,000 people and the burning of the local police station. Three autopies were performed on the girl in which the coroner declared no foul play, but locals didn't believe it. It remains unclear what really happened, but at any rate four local officials have been sacked for "severe malfeasance." Li Shufen's godfather was also arrested for inciting riots and spreading rumors on the Internet. So where do the push-ups come in? There were three young people with Li Shufen when she died, and according to the police interrogation report they say that she committed suicide suddenly while one of the boys was doing push-ups on the bridge.

ShupaiIn the wake of the riots, Internet chatrooms and forums have been heavily censoring discussions about Wengan. Some bloggers came up with a clever online tool to convert text from left-to right sideways (as modern Chinese is written) into right-to-left vertical (as classical Chinese was written) - in an effort to get around keyword censors. But it was still difficult to hold in-depth exchanges discussing all the ins and outs of Li Shufen's death and reasons for the Weng'an unrest. So people just gave up and started joking about pushups instead...calling on their friends to write about pushups as a kind of protest.

A number of people have written very insightfully on this incident, including Roland and Jonathan Ansfeld. The Wall Street Journal declared the sacking of four officials and calls for more media transparency a victory for China's bloggers. However, from what I can tell it seems like Chinese journalists may be the bigger winners from this whole incident.

I'm in the middle of conducting a fairly extensive research project on how Chinese blog hosting services censor their users. My team and I are posting a variety of content on 16 different blog services and documenting what gets censored, by whom, and how. I'll be writing up the overall findings for an academic paper later on. But meanwhile as I come up with interesting findings I'm sharing them along the way and am interested in people's feedback. Over the past week I posted two items about the Weng'an riots on 16 different Chinese blogging systems, plus one item about how the term "push-up" has become a censored word. Both of the Weng'an articles were censored by the same six blog hosts included in the tests: Baidu, iFeng (run by Phoenix TV), Netease, Tianya, Yahoo China, and MySpace. The latter two are American Internet brands. Tianya receives investment from Google. So far, none of the other ten services have taken down the Weng'an related posts I published - I'm not going to name those ten here because I'm concerned that the 6 might use this information to get the 10 in trouble with authorities, as is known to happen.

Wengan2 TianyaerrorFour blogging services also censored the "push-up" post: iFeng, Netease, Tianya, and MySpace. On the right is what happens if you try to write about Weng'an on Tianya (click to enlarge).

Wengan2 Netease3-1On Netease, you can save the post privately, but when anybody else (who isn't logged in as the author) tries to view the post, only an error message appears, see screenshot at left (click to enlarge).

Now here's the really interesting part: while it's impossible for a citizen-blogger to write about Weng'an or push-ups on a Netease blog, the Netease news portal has extensive coverage of the Weng'an situation, including this long article about why one of the boys with Li Shufen was doing pushups on the bridge when she allegedly jumped into the river.

Similarly, when I tried to post about Weng'an or push-ups on iFeng, the blog hosting service run by the Hong Kong-based Phoenix TV (aimed mainly at a Chinese mainlander audicence), the post is censored. Yet the iFeng news portal has a whole special coverage page about Weng'an.

"Weng'an" and "push-up" are NOT being blocked by the "great firewall" - I mean specifically the filtering mechanism that causes your browser to turn up an error message if you try to visit a site showing the offending words.  If you search "Weng'an" and "push-up" in Google.cn, Baidu, and Yahoo China you'll get lots of results - albeit with reports overseas dissident and human rights websites taken out.

This is quite different than the way the Yilishen incident was handled last fall - when large numbers of people protested about having been gypped in a pyramid scheme. If you scroll down to the bottom of my post written at the time, you'll see screenshots of Baidu, Google.cn, and Yahoo China, all of which gave ZERO results for searches on "Yilishen." Very little reporting about Yilishen appeared in the Chinese domestic media.

Today, Chinese journalists are being allowed all over the Weng'an story. Roland Soong just translated a long investigative article published by Southern Weekend late last week, and the respected Caijing - famous for pushing the edges - has its own special report section on Weng'an.

So what's going on here? Why do some web service companies ban blogs from talking about Weng'an while at the same time running extensive news coverage about it? We'll have to see whether this pattern holds in future, but if it does, that would point to a growing sophistication in the Chinese government's strategy for managing online media - both professional and amateur. The strategy would appear to be: give the professionals more rope to report while censoring the amateurs more heavily.  Let Chinese people searching on the internet for information about unrest incidents read about them primarily from the state-sanctioned media, not from bloggers repeating things they got from chatrooms repeating things that people heard on the street.

You then combine this with what Paul Denlinger calls the Chinese government's astroturfing strategy, with a few hundred thousand web commentators who are paid to write pro-government comments on blogs and in chatrooms. These people are known as the "fifty-cent party" because at least some of them get paid 50 Chinese cents per post. My colleague David Bandurski describes the system in detail in the latest issue of the Far Eastern Economic Review. He describes how the rage of Chinese cyber-nationalists against CNN's Jack Cafferty was fueled by 50-cent party postings.

Put all of these things together and once again, it's clear that there's a lot more than censorship going on: in addition to censorship there's information management, message management, and "astroturfing." At last month's Chinese Internet Research Conference, Chinese journalist and academic Li Yonggang talked about how we should view the Chinese government's efforts to control or manage the internet like a water management system. Roland Soong picked up on that idea in a recent analysis in which he compares the government's online information management strategy to hydrological engineering:

Yes, HYDROLOGICAL ENGINEERING!  Many of the current crop of central government leaders are technocrats with engineering background.  As such, they must understand that public opinion is water that can carry the ship as well as turn it over.  The point about hydrological engineering is not to build dams to hold the water back because there will be a catastrophic dam break one day that might bring down the entire system.  Instead, the point should be about controlling and redirecting the awesome power of nature in less harmful ways down selected channels.

In the case of the Weng'an mass incident, the major portals were deleting the related posts as quickly as possible.  At Tianya Forum, it was estimated that a Weng'an-related post has an average lifetime of 15 seconds before being deleted by the administrators.  That was supposed to be a record speed.  The same thing was happening at Sina.com, Sohu.com, Baidu, etc.  So this was building massive dams all over the map which builds up a tremendous pressure.  Where was the pressure release point?  You may be amazed that it was over at the Xinhua Forum.  The webmasters posted the official Xinhua news story on the forum.  That does not help in itself because Chinese netizens think that this Xinhua story was vague and misleading.  However, the webmasters allowed the comments to run freely.  This meant that the Xinhua posts became the meeting points of all those who want to talk about the Weng'an incident but could not do so elsewhere.  Although that post did not contain any news information (such as photos and videos), it was a place for people to vent their outrage.  As a result, Xinhua got a record-setting number of visitors who were very appreciative.  Is this the plan for the future?  You'll find out at the next mass incident (and there will be many).

The system continues to learn and evolve. The immediate beneficiaries are likely to be Chinese journalists, who have been chafing at their short leash for quite a long time now. Giving journalists a longer leash results in more credible, complex reporting while at the same time the propaganda authorities can still exert some control to prevent certain things from being reported. Independent bloggers like Zola who traveled down to Weng'an, who are not being paid by a news organization, are much harder to control by means other than direct censorship, blocking, and when necessary physical threats (as Zola experienced last Fall). If there's a news blackout on something, bloggers can become a vital conduit for information about what's going on. But when there is a decent quantity of professional news reporting on an event or issue, the role of the blogger as citizen reporter is weakened unless they have some truly unique material or insights. It's very difficult for a blogger like Zola traveling down to Weng'an to compete with a seasoned investigative reporter from Caijing or Southern Weekend: the reporters get interviews with many of the principal actors in a situation, as well as all the relevant officials, while a blogger like Zola only gets to talk to townspeople who have lots of opinions but little first-hand knowledge.

The Internet buzz about Weng'an led to public outrage, which in turn created pressure for the government to clean house in Weng'an and open up the story to greater media coverage. But the outcome may not be increased power or respect for China's bloggers. And just because the journalists get a longer leash doesn't mean that the Chinese information environment won't still be heavily manipulated. As we know in the U.S., you can even call yourself a "free press" and still be manipulated by your government. We're starting to see early signs that China's Internet and media regulators are becoming a bit less Leninist in their techniques and a little more Rovian

by Rebecca MacKinnon at July 14, 2008 06:09 PM

Wendy Seltzer
eBay Shines in Tiffany Trademark Fight

In Tiffany v. eBay, decided today, the Southern District of New York gives helpful bounds to secondary liability for trademark infringement, saying eBay is not liable for its use of the term “Tiffany” nor for its sellers’ sales of counterfeit goods. Judge Sullivan’s careful analysis leaves the path clear for online marketplaces to flourish, putting enforcement burdens, where they belong, on trademark claimants.

First, the court finds eBay’s advertisement, through “Tiffany”-keyed adwords on Google and Yahoo! searches, to be “nominative fair use.” Some eBay sellers are offering genuine Tiffany merchandise, as trademark law recognizes is legitimate, and eBay has the right to use the brand name to identify them, rather than “absurd circumlocutions … [such as] ’silver jewelry from a prestigious New York company where Audrey Hepburn once liked to breakfast.’” Even if search keywords are “use in commerce,” therefore, the court finds them non-infringing.

Second, the court holds eBay not liable for the infringements of its users, under either direct or secondary liability theories. Instead, its contributory liability test looks much like the notice-and-takedown regime that the DMCA sets up for copyright: only specific knowledge of infringement can trigger liability, a “showing that a defendant knew or had reason to know of specific instances of actual infringement”; not the “generalized” knowledge of counterfeiting Tiffany would like to attribute to eBay. The court does not impose any prior monitoring obligation, implying only that a defendant must take appropriate steps after being notified of claimed infringement. (The court helpfully notes several times that Tiffany’s “Notices of Claimed Infringement” are just claims, not proof, and that some listings have even been reinstated after incorrect claims.)

“[T]he fact remains that rights holders bear the principal responsibility to police their trademarks.” Trademark holders are best situated to assess the provenance of their branded goods and to weigh the costs and benefits of enforcement. The marketplace benefits from a rule that leaves lawsuits to the endpoints, keeping intermediaries relatively safe and clear.

Finally, the ruling suggests that trademark law continues to function effectively in the Internet era. While trademark holders might like greater control, and (some) sellers might like greater leeway, trademarks serve as indications of origin even without enlisting intermediaries in the fight. Yet further reason why ACTA’s proposed “update” to anti-counterfeiting trade law should not put liability on Internet intermediaries.

Thanks for the link, Ray.

by wseltzer at July 14, 2008 05:45 PM

Lawrence Lessig
for the first time in history: Congress' single digit job rating

9.001.png

The percentage of Americans believing Congress is doing a good/excellent job. Rasmussen says it is the lowest in history.

Change Congress.

July 14, 2008 03:38 PM

Jonathan Zittrain on the Future of the Internet
Facebook hires a diplomat for its platform

Techcrunch is reporting that Facebook has poached Elliot Schrage from Google as its new VP of Communications and Public Policy, and that one of Elliot’s jobs will be to manage the Facebook development platform, where outsiders can write code to run on Facebook — from the bitten-by-a-vampire app to Scrabulous.

Techcrunch speculates that this reflects a realization that much of the Platform is political, not technical.  Because the architecture naturally allows Facebook to control which apps run, and how they run — a big difference from the relationship of a traditional PC OS maker to PC app developers — someone able to act sensitively to public and political opinion would be helpful.  Facebook, like other Web 2.0 software-as-service counterparts like Google Apps, is entering the governance business.  It’ll be interesting to see how decisions will be made — or even if we can see how decisions are made — about what is banned and what is not.

Recently SuperWall was put in the dock, and Secret Crush was killed several days after Wired reported that it came bundled with spyware (and the maker, Zango, denied).

We’ll see the same phenomenon with the new iPhone apps platform, where Apple reserves the right to determine what will run and what won’t.  Adam Thierer over at Tech Liberation points to the hacking of the latest iPhone as evidence that we’re not about to enter an era of centralized control.  Putting aside that case for the iPhone — as a tethered device it can always be reflashed by Apple to eliminate hacks, especially those installed by non-techies just trying to double-click on something to run an unapproved app — it’s much more difficult to hack software-as-service platforms with apps not desired by the platform makers.

by jz at July 14, 2008 01:49 PM

July 13, 2008

Doc Searls
On the shore, with flowers

Still waiting for Riverbend to show up again.

It’s an old question, not asked recently.

Here’s one. Another. Another. Odd how a blogger with such a high profile, once awol, seems forgotten by all but a few. But not by all.

by Doc Searls at July 13, 2008 08:27 PM

Credits where drew

I find myself among the “top ideators” on this list here. Flattered, but why no links? I can see a lot of names and sites on that page I’d like to follow.

Hey, what’s a hierarchy without links to subvert them?

by Doc Searls at July 13, 2008 08:17 PM

David Weinberger
Can LOLkatz be far behind?

My friend Hanan Cohen in Israel reports that because of the pettiness of the prime minister’s fraud, he’s now known as LOLmert.

[Tags: ]

by davidw at July 13, 2008 03:47 PM

Doc Searls
What changed, exactly?

Here’s the FISA bill that Barack Obama voted for after saying he wouldn’t. It’s hugely complicated.

Here’s a Volokh post that says coverage of it has been misleading.

What isn’t misleading is that he voted for a bill that he said earlier that he would oppose. (TPM has a timeline.) In his last statement he said that the bill had changed.

How, exactly? What was the tipping point, and why?

Did he do it to get votes? Surely he should have known that it would cost him the grace and support of his base. And slow his money river as well.

Did he do it on principle? Obviously two principles were involved. The civil liberties one he espoused last January and the security one that drove his vote six months later. One is a left principle, the other a right. The right one won. No pun intended.

Obama’s campaign is about getting past partisanship, at least in part. But this vote hardly did that. Instead it pissed off his most fervent partisans.

I’m also not sure the bill made the country safer, either. But I dunno. As I said, it’s a complicated bill. Maybe one or more of the rest of ya’ll can figger it out.

Meanwhile, it hurt him, bad. That helps McCain.

by Doc Searls at July 13, 2008 11:07 AM

Charles Nesson
party for the poker philosopher

from andrew@bostondebate.org
4:25 AM (1 hour ago) [jamal 263.JPG]

Wowowowowowowowoowow
I began play yesterday with 565K chips. My girlfriend was preparing to fly out here to join me. While she was at the airport, I lost most of chips and was down to 135K. I called to warn her that there was a very real danger of my being eliminated before she arrived. She hates flying, and I didn’t want her to spend five hours on the plane each way for nothing. She still had 20 minutes before boarding, so I told her it was her call and I’d let her know if anything changed. Twenty minutes later, she sent me a text message: “On brd. I hv confidence in you. :-)”

Two days later, there are 80 players left, and I am in second place with 4,444,000 chips. We are all guaranteed $77,200. I really don’t know how I made it through the day at all, let alone with so many chips; my table was so tough, full of really solid players.

This is me with another player named Jamal, we’ve been friends since we played together two days ago. I got moved to his table at the end of the day, and we both made it through.

Thanks to everyone who’s called, written, posted, etc. to congratulate me or wish me well. I am somewhere between terrified and exhilarated.

Much love,
Andrew

***

what kind of contest can we imagine
what topic for debate
what form for crafting how the contest comes together
will will bring BOSTON together

all politics is local
tip o’neill says so
and my senator galluccio who sponsors little league
and dimasi the speaker of our house
and our governor deval
speak for massachusetts
speak for WE the PEOPLE

will@GALLERYxiv

***
look what comes in this morning’s mail

from andrew@bostondebate.org

4:38 AM (9 hours ago)

Well, despite starting the day with the second largest chip stack, I ended up getting eliminated from the 2008 World Series of Poker in 35th place, winning $193,000. It’s hard to complain about that result, and if you told me a week ago that I would do so well, I would have been elated. But once we were down to 79 players and I was in such great shape, I started dreaming of the final table, so it’s a bit of disappointment. I’m sure that will pass soon, though.

Overall I made a great run, met a lot of friendly and interesting people, and had a blast. It was even more exciting to have all of you following along and cheering me on. Thanks for all your support,

Andrew

**
PARTY on wednesday at a very cool galleryXIV in the south end where ABRAHAM OBAMA is on display. please invite all in the boston area who have been following you to come and raise a glass to andrew.

Andrew Brokos, a.k.a. Foucault, the poker philosopher, did wonderfully at World Series Of Poker. i am hosting a party to celebrate his achievement at galleryXIV 450 harrison st in the south end at 7pm on Wednesday JULY !6 2008. Please come by to see Andrew, hear his stories, experience ABRAHAM OBAMA, have drinks and party.
looking forward to seeing you then.

Charles Nesson, a.k.a. eon

:

by nesson at July 13, 2008 10:15 AM

Doc Searls
Mars needs code

Missing Code Challenge is my latest at Linux Journal. One excerpt:

  We each need to be independent variables, not dependent ones. What makes me trustworthy to a service like Blogger shouldn’t be code that lives entirely on Blogger’s side, while all I’ve got is one among a zillion ID/password combinations, most of which I don’t remember. I need to be trusted when I show up. Automatically.

  Maybe the means for making this happen will live out in the cloud somewhere. Or in many places. (I can see a lot of potential business here, actually.) But none of it will work unless it starts with the individual. Each of us operating in the digital world needs tools for engagement that belong to us, are operated by us, and give us autonomy, capability and control.

by Doc Searls at July 13, 2008 10:13 AM

Doc Searls (Linux Journal)
Missing Code Challenge

Online identity management and single sign-on still doesn't work. Not well enough, anyway. OpenID is a good step forward. So are a bunch of other less familiar approaches. But we still haven't arrived.

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by Doc Searls at July 13, 2008 10:09 AM

July 12, 2008

John Palfrey
Entrepreneurship, the Patent Law, and Scale of Firms

I’m at a wonderful summer program hosted by the Kauffman Foundation on Law, Innovation, and Growth. They’ve convened a truly interdisciplinary crowd interested in how law can affect rates of innovation and growth. Many, though by no means all, of the conversations are about innovation in technology-related fields. All the papers presented will be posted to the web site, which (great news) seems to be open for public view as of now.

The conversation about the proper role of intellectual property — patents, especially — in promoting growth, innovation, and entrepreneurship brought to mind a recent post by Jim Moore about the Allied Security Trust. Jim and I have been working together for several years on various entrepreneurial and scholarly projects. In the past few years, he’s been digging in on this question of how the patent law can work to promote start-ups and other entrepreneurs pursuing innovations in the information technology space. He points here to the extent to which large players in the IT sector are working together to develop strong patent pools to keep smaller entrants from competing effectively against them.

This theme resonates with many of the key themes here at the Kauffman Foundation’s event. One of those themes is scale. Many presentations have implicitly or explicitly dealt with whether and how scale effects innovation. From the perspective of entrepreneurs who start and build businesses, this question of the effect of the patent law and how it’s used is crucial. If we stipulate that small-scale entrepreneurs are a key driver of economic growth and innovation generally, and that large firms are (at least) not the only home of socially beneficial innovation, then this issue of patent pools and how they are used is crucial.

I’ve been thinking a lot about what we’re studying actively at the Berkman Center, which I’ve just left as executive director. We’ve not yet done enough serious work on this question of patents and the effect on innovation, growth, and other social concerns. A few scholars at the Center have got a forthcoming paper on patents, but it’s not been an area of focused research. Over time, I think we should get more serious exploring multiple points of view about how the patent system should work in the Internet space. And plainly, the intersection between patent and competition law (or antitrust in the United States) is an essential one to understand, as Mark Lemley and his co-authors, Phil Malone, Francois Leveque and others have been. The new executive director might profitably think about how we could contribute more to this discussion.

by palfrey at July 12, 2008 04:00 PM

David Weinberger
Mr. Dewey, tear down that wall!

Tim Spalding, founder of the estimable LibraryThing, is calling on us all to create an open shelves classification project to replace Dewey and his pals. LibraryThing is a brilliant implementation of a what a library built on a social network of readers can be, so I’m excited about Tim’s new idea.

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by davidw at July 12, 2008 12:57 PM

Plato and chat

Im reading Julian Warners “From Writing to Computers,” published in 1994. In a wonderful chapter he looks at the senses in which the Western tradition thought documents contained or were intelligent — written documents “appear to understand what they are saying,” Plato says. Warner looks carefully at Platos Phaedrus, a seminal text for those concerned with the transition from oral to written cultures. Thats the one where Plato worries that the onset of written documents will ruin human memory: Those who acquire the skill of writing “will cease to exercise their memory and become forgetful; they will rely on writing to bring things to their remembrance by external signs instead of on their own internal resources.”

Plato has another complaint: Writings cant respond to questions: “writing involves a similar disadvantage to painting. The productions of paintings look like living beings, but if you ask them a question they maintain a solemn silence.” Ive taken these quotes from Plato from Warner pp. 58-59.

Makes you wonder what Plato would have made of chat, IM, and SMS.

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by davidw at July 12, 2008 12:17 PM

John Palfrey
Join the Berkman Center

We seem, at the Berkman Center, always to be looking for more great people to join our team.  A new opening: a clinical fellow in cyberlaw.  The posting is here.  The job would be great for an entrepreneurial lawyer who would like to teach law students applied cyberlaw in innovative ways through our clinic.  The students are extraordinary.  A major added benefit is the chance to work with Prof. Phil Malone, the director of the clinic, and Dena Sacco, a wonderful lawyer and former AUSA who is also co-directing our Internet Safety Technical Task Force.

by palfrey at July 12, 2008 05:11 AM

July 11, 2008

Jonathan Zittrain on the Future of the Internet
iPhone Remains Locked to AT&T

The new iPhone was released today at AT&T and Apple stores around the country. For people who missed the phone the first time around, or who didn’t want to pay $599 and a two-year contract, or who just really want a GPS system, this may be important. But for developers, the new iPhone won’t change much. As JZ posted, coders will have to wait up to six months to get their programs vetted by Apple. This sort of lock-down hurts innovators and hurts consumers.

But it isn’t the only kind of lock-down Apple is pushing. Like the original one, this new iPhone will remain tethered to the AT&T network. Customers can buy a phone for $199-$299 so long as they sign up for a 2-year contract, or they can pay up to $699 upfront with no such requirement. But either way, users cannot bring the iPhone to a new carrier without hacking it. (Which raises the question: why would anyone pay $699 for a phone without a contract? That’s an awful lot of money for an iPod Touch with a camera.)

This sort of locking hurts consumers where AT&T has no network, or where the network is unreliable. It also hurts consumers who want to shop for different coverage plans, who want to mix-and-match phone and data services (maybe get AT&T’s 3G data service, but Verizon’s voice service), or who want to use different contracts when they travel abroad.

And it hurts innovation as well. After all, if you’re a potential developer, would you invest your time coding an application that only works on one network? And would you invest time in an application that can be blocked by AT&T at any time? You might, but in general these sorts of controls make innovation on the iPhone less attractive and less likely.

So why does Apple do it then? Because it has no interest in helping independent innovators. They’ve locked the code and locked the phone to the network so that they can better monetize any future applications developers might produce (not to mention that this lock down fits quite nicely with AT&T’s own business plan). The result is that Apple and AT&T gained almost complete control over the iPhone, but at the cost of innovation.

by bballou at July 11, 2008 08:24 PM

Doc Searls
Painstream media

This is so pathetic…

Download

That was my first, and perhaps only, successful video embed. Not my style, but I had to give it a try.

by Doc Searls at July 11, 2008 07:53 PM

Jonathan Zittrain on the Future of the Internet
What’s wrong with my iPhone?

Tom Standage of the Sunday Times makes an interesting point in his review of The Future of the Internet:

“Zittrain insists that generativity at the code level is the most important kind, but it is not clear that this is really under threat. In the early days of home-computing, most enthusiasts learnt the essentials of programming. (Remember Basic?) As other uses such as word-processing and e-mail came along, computers became general-purpose tools, and sales went up. Did it matter that the proportion of users who actually learnt how to program declined? Of course not. As long as some people know how, most do not have to. And as long as there are hundreds of millions of PCs out there, innovation on the internet will continue. Despite Zittrain’s concerns, the emergence of other, simpler internet-access devices alongside PCs seems unlikely to change that.”

The question Standage is asking – and it’s one that’s been echoed here and here – is this: why will my iPhone hurt the Internet’s generativity (that is, its capacity for innovation and creation)? If I’m not a programmer, does it matter that I’m not allowed to program my phone? The simply answer of course is no, it doesn’t matter. But the overall market for appliances like the iPhone does matter, and unless we act as responsible consumers, this market for “tethered” appliances – those that do not allow user innovation and that remain controlled by the manufacturer – might destroy the market for generative ones.

Let’s look at a few statistics. Contrary to popular wisdom, a huge percentage (pdf), and in some industries a majority, of product innovations are created by consumers, not manufacturers. When a consumer added foot straps (pdf) to a windsurfing board to control his movement mid-flight, he exploded the market for competitive windsurfing. When Linus Torvalds (pdf) started an open-source operating system, he inadvertently created a technical-support market for businesses like Red Hat and IBM. These specific examples are huge innovations, creating whole new companies and industries. Most user-generated innovations are not nearly so large. But they are still significant. Over 60% of innovations in the semiconductor industry come from semiconductor users, not manufacturers; over 70% of innovations in the scientific instrument industry come from users. And these user-driven innovations are generally qualitative improvements of their products. That is, users generally add new features and new functionality to the products they use; manufacturers generally make existing functions and features more useful.

Yet most of the innovations come from a minority of users. Only about 10-40% of users in a particular field modify their products (pdf). What this means is that the ‘generative’ market - that is, people who add functionality to the products they use - is not large.

Should we expect Apple to produce two iPhones: one ‘tethered’ phone for consumers worried about security and reliability, and one ‘generative’ phone for the 10%-40% of consumers who want to modify their phones? Probably not. Apple and companies like it lock down their products specifically to stop ‘generative users’ from modifying their products. After all, if a generative user fixes a bug or creates a new killer app, how can Apple monetize that user’s creation? Better, Apple executives think, to let such problem solving and innovation occur ‘in house’.

From all this we can draw two conclusions. First, generative technologies are worth sustaining as innovation enabling devices. But second, because only a small percentage of the market actually innovates, generative technologies are not self-sustaining.

The good news however, is that we can protect generative technologies by acting as responsible consumers. Does this mean putting ‘Certified Generative’ stickers on products that enable innovation, on par with ‘Certified Organic’ stickers in grocery stores? Maybe. But more likely it means using good passwords, not opening unknown email attachments, and running community safety programs like Herdict. It means using technologies responsibly, so that generative machines are just as safe and reliable as tethered ones.
Generative technologies – technologies that allow users to innovate – are worth sustaining. And I believe that through responsible shopping and surfing, the market for these generative technologies can be sustained.

by bballou at July 11, 2008 06:15 PM