Kevin Kelly

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The best insights compound the obvious. They make so much sense that you struggle to comprehend their many implications. Such is the case with the first line, and then the first paragraph, of Kevin Kelly‘s Better than Free:

The internet is a copy machine. At its most foundational level, it copies every action, every character, every thought we make while we ride upon it. In order to send a message from one corner of the internet to another, the protocols of communication demand that the whole message be copied along the way several times. IT companies make a lot of money selling equipment that facilitates this ceaseless copying. Every bit of data ever produced on any computer is copied somewhere. The digital economy is thus run on a river of copies. Unlike the mass-produced reproductions of the machine age, these copies are not just cheap, they are free.

Consider the implication of this for the concept of copyright, then ponder the pile of law that first defined it in 1790 (in the U.S.) and has expanded on it ever since.

I won’t offer an opinion about that here, but instead turn our floor over to a pair of brilliant opponents on the subject: William F. Patry and Ben Sheffner. Bill is the author of Moral Panics and the Copyright Wars and a blog by the same name, subtitled “A blog about copyright discourse”—and a copyright attorney in the employ of Google (though he is careful to add, everywhere it makes sense, that “This is a personal blog, not a Google blog”.) Ben is a “copyright/First Amendment/media/entertainment attorney and former journalist” with a long list of credentials in the sidebar of his Copyrights & Campaigns blog, subtitled “Ben Sheffner’s notes on copyright, First Amendment, media, and entertainment law, and political campaigns”. Bill and Ben have been enjoying a very civil and illuminating debate, which Bill outlines this way:

Given the reverse-chronological nature (or LIFD–Last In, First Dug) nature of both blog publishing and geology, the first post is the bottom one on that list. Start there and work upward. I guarantee you will be smarter by the time you get to the top, and hungry for more.

As a pair of bonus links, I’ll point to Edward Samuels’ The Illustrated Story of Copyright, and Michele Boldrin and David K. Levine‘s Against Intellectual Monopoly. I’ve read the first, but not the second. Basically I’m just sharing my reading list here. Again, no opinions. Yet.

Oh, one more recommendation: Adam Gopnik’s Angels and Ages: A Short Book About Darwin, Lincoln, and Modern Life. Among many of its quotable nuggets is this one: “Law is the practice of rules in a context of deals, and Lincoln believed in both.” Keep that in mind when reading all the above.

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Yesterday I reported hearing that the New York Times was thinking about putting its editorial behind a paywall again. Today James Warren gives substance to the rumors:

Here’s a story the newspaper industry’s upper echelon apparently kept from its anxious newsrooms: A discreet Thursday meeting in Chicago about their future.

“Models to Monetize Content” is the subject of a gathering at a hotel which is actually located in drab and sterile suburban Rosemont, Illinois; slabs of concrete, exhibition halls and mostly chain restaurants, whose prime reason for being is O’Hare International Airport. It’s perfect for quickie, in-and-out conclaves.

There’s no mention on its website but the Newspaper Association of America, the industry trade group, has assembled top executives of the New York Times, Gannett, E. W. Scripps, Advance Publications, McClatchy, Hearst Newspapers, MediaNews Group, the Associated Press, Philadelphia Media Holdings, Lee Enterprises and Freedom Communication Inc., among more than two dozen in all. A longtime industry chum, consultant Barbara Cohen, “will facilitate the meeting.”

I can see the headline already:  Newspaper Bigs Form Trust To Set Content Prices.

Just kidding.

We do need to be serious here. The Situation is dire. Humpty Dumpty is reaching terminal velocity.

But don’t bother wishing the king’s horses and men luck with the fix. They can’t do it. No newspaper trade group, no collection of top newspaper executives, will come up with a creative solution to problems that have already earned Top Rank status in the innovators dilemma casebook. The best these execs can do is make Humpty’s fall a drop into cyberspace. They have to make Humpty Net-native. They can’t do that just with better-and-better websites, or with “monetization” schemes such as “micropayments” or other scarcity plays with a net-ish gloss.

As disruptive technologies go, it’s hard to beat the Interent. The Net didn’t just push  Humpty off the wall. It blew up that wall and the whole world on which both sat. In that wall’s place is a wide-open space where abundance is not only the prevailing condition, but a severly reproductive one that’s especially suited to interesting “content.” As Kevin Kelly aptly puts it, The internet is a copy machine. One measure of content’s worth is how much it gets copied and quoted. How the hell do you monetize that?

In a New Yorker piece this week, Bill Keller, the Times‘ Executive Editor, said, “There’s a crying demand for what we do and, sadly, a diminishing supply of it. How we get the demand to pay for the supply is the existential question of newspapers in general and the Times in particular.” He’s right in all but one respect: that first person plural we. Unless he’s referring to a population of sufficient generality to include readers. Or, more importantly, hackers. Geeks bearing gifts.

As it happens, we (the geeks) have one. It’s called EmanciPay. It hands the pricing gun over to the customers (readers in this case) and then makes it easy for them to pay as much as they like, however they like, on their terms. Or at least to start with that full set of options. Whatever readers decide to pay, the sum of it won’t be $0, which is what readers are paying now. (Online, at least, in nearly all cases.)

Evidence:::

Peter Kafka reports this from the D7 conference today (over a Wall Street Journal AllThingsDigital blog):

Time for some polls! No surprise: People like to read newspapers online. Also no surprise: But people don’t pay for it. Somewhat of a surprise: People say that they are willing to pay for some kind of news.

My boldface.

I conduct similar audience polls often, though my subject is usually public radio. “How many people here listen to public radio?” Nearly all hands go up. “How many of you pay for it?” About 10% stay up. “How many would pay for it if it were real easy?” More hands go up. “How many would pay if stations would stopped begging for money with fund drives?”  Many more hands go up, enthusiastically.

So the market is there. The question is how to tap it.

At ProjectVRM we propose tapping it from the customers’ side: for newspapers, from the readers side. We also propose doing it one way for all readers and all newspapers, rather than X different ways for X different papers, each designed by each paper for their own readers. In that direction lies a field of silos, all with their own scarcities, their own frictions, their own lock-ins. We need one way to do this for the same reason we need one way to do email.

Remember back when AOL, Prodigy, Lotus Notes, MCIMail and the rest all had their own ways of making you correspond? That’s what we’ll get if we leave content monetization up to the papers alone. They’ll all have their own ways of locking you in, just like retailers all have their own “loyalty” programs, each with their own cards, their own barcodes for you, their own reward systems, their own special ways of inconveniencing you for their own exclusive benefit.

EmanciPay will be simple and straightforward. It will make it easy for you to pay what you want (which may be what the papers what you to pay … or more … or less), and to do it on your terms and not just theirs. This doesn’t mean that the papers can’t have terms of their own. Maybe they have a suggested price, or a minimum they’re willing to accept. Whatever they come up with, however, will be informed by interaction out in the open marketplace, rather than their own private ones, where they make all the rules.

Think of EmanciPay as a way to unburden sellers of the need to keep trying to control markets that are beyond their control anyway. Think of it as a way that “free market”  can mean more than “your choice of captor.” Think of it as a way that “customer relationships” can be worthy of the label because both sides are carrying their ends of the relationship burden — rather than the sellers’ side carrying the whole thing (as CRM systems do today).

EmanciPay is an open source project. When it rolls out, it will be free and open to anybody.

Want to help? Let me know. (firstname at lastname dot com) I’m serious.

The only problem is that development work on EmanciPay is just getting started. (I haven’t wanted to publicize it, because I wanted it to be ready to go — or at least to vet — first.)  But that’s also an opportunity.

What matters for the papers is that there’s at least one answer to their challenge out there. And it’s free for the making.

Cross-posted here.

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I’m listening right now to On Point*, where the topic is Pushing E-Health Records. The only case against electronic health records (EHR, aka electronic medical recordsk, or EMR) is risk of compromised privacy. Exposure goes up. The friction involved in grabbing electronic medical records is lower than that involved in grabbing paper ones, especially with the Internet connecting damn near everything.

Here’s the problem with privacy in the Internet Age (which we are now in, with no hope of ever getting out, unless we live the connectionless life): the Net is a big copy machine. It’s amazing how a fact so simple escapes attention until a first-rate metaphorist such as Kevin Kelly comes along to expound on what ought to be obvious:

The internet is a copy machine. At its most foundational level, it copies every action, every character, every thought we make while we ride upon it. In order to send a message from one corner of the internet to another, the protocols of communication demand that the whole message be copied along the way several times. IT companies make a lot of money selling equipment that facilitates this ceaseless copying. Every bit of data ever produced on any computer is copied somewhere. The digital economy is thus run on a river of copies. Unlike the mass-produced reproductions of the machine age, these copies are not just cheap, they are free.

Our digital communication network has been engineered so that copies flow with as little friction as possible. Indeed, copies flow so freely we could think of the internet as a super-distribution system, where once a copy is introduced it will continue to flow through the network forever, much like electricity in a superconductive wire. We see evidence of this in real life. Once anything that can be copied is brought into contact with internet, it will be copied, and those copies never leave. Even a dog knows you can’t erase something once it’s flowed on the internet.

We’re not going to fix that. The copying nature of the Net is a feature, not a bug. We can fight some of it with crypto between trusting parties. But until we find ways to make that easy, the exposure is there. And, as long as it is, we’re going to have people who say risk of exposure overrides other concerns, such as the fact that dozens of thousands of people in the U.S. alone die every year of bad health care record keeping and communications — in other words, of bad data.

Still, if we want good medical care, we need EHR. That much is plain. The question is, How?

The answer will not be an information silo, or a set of silos. We have too many of those already. That’s the problem we have now — both on paper and in electronic formats (as I discovered last year in one of my own medical adventures).

The patient needs to be the point of integration for his or her own data, and the point of origination about what gets done with it. Even if the patient’s primary care physician serves as a trusted originator of medical decisions, the patient needs to anchor the vector of his or her own care, for the simple reason that the patient is the one constant as he or she moves through various medical specialties and systems.

The patient needs to be the platform. Not Google, or Microsoft, or your HMO, or the VA, or some kieretsu involving Big Pharma, Big Software Companies and Big Equipment Makers.

This requires classic VRM: tools of independence and engagement. That is, tools that enable the patient to be independent of any health care provider, yet better able to engage any provider.

In other words, while the answer needs to be systematic, it does not need to be A Big System (which I fear both BigCos and BigGovs whish to provide).

The answer needs to come from geeks who know how to eliminate big problems with simple solutions. For example,

  • Consider how the Internet Protocol solved the problem of multiple networks that didn’t get along.
  • Consider how email protocols such as SMTP, POP3 and IMAP solved the problem of multiple email systems that didn’t get along.
  • Consider how the XMPP protocol solves the problem of multiple instant messaging systems that don’t get along.

We need new ways of organizing our own health care data, and communicating that data selectively to trusted health care providers through open and standard protocols (that may or may not already exist… I don’t know).

I wanted to get those thoughts down because there’s a bunch of stuff going on around health care right now (including two conferences in Boston), detailed to some degree in Health Care Relationship Management, over at the ProjectVRM blog.

* On WBUR, a Boston station I pick up here in Santa Barbara over my Public Radio Tuner.

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