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Freedom, Independence and Data

October 10, 2009 in Berkman, Business, infrastructure, Places, Quote, VRM | 5 comments

JeffersonDependence begets subservience and venality, suffocates the germ of virtue, and prepares fit tools for the designs of ambition. — Thomas Jefferson

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Near the start of his Institutional Corruption talk the other day, Larry Lessig sourced the quote above, from Thomas Jefferson. Larry was making a point: that the Framers were interested in personal independence, and not just that of a former colony. The Framers operated, however, in advance of the Industrial Revolution, which was won by Industry and lost by the rest of us — or at least by some of the roles we play in the marketplace.

Such as our roles as customers. While being customers gives us choices among products and services, many of the companies behind those products and services make us dependent on them, in ways we would not prefer if we had a choice. For a measure of how little choice we have, ask yourself how many times you’ve clicked “accept” to “Terms of Service” that typically give all advantages to the seller. Or look the number of cookies stored in your browser.

Well, the tide is turning. We’re finally starting to see a few tools that give users control over how data is collected and used. We’re working on some of those in the VRM community. And they’re a subject of discussion at

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at 9:30am on Tuesday, at Harvard Law School, starting with the panel in the title graphic above. You can register here. Even if you show up only for the panel, it’ll help us know how many will be there.

There’s lots more about it at Civilizing the Personal Data Frontier, over at the ProjectVRM blog. Hope to see you there.

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Lessig on Dependence and Independence

October 8, 2009 in Berkman, Events, Politics, problems | 5 comments

First, Larry Lessig gives some of the best sermons in academia. Or anywhere. He is so freaking good. That Larry’s a master presentationist is secondary to his excellence in the art of homiletics, in the sense that Ray Charles’ piano mastery was secondary to his transcendent skills as a singer, a composer, a performer.

Instituional corruption is the topic of today’s Lessig talk, at Harvard’s Kennedy School. Taking notes live.

Early point. The country’s founders value independence as, among other things, the absence of depencence. Or dependence on the wrong influences. Some great quotes, which I just missed.

Now he’s unpacking influence. Giving examples.

Lobbying now a $9 billion industry. One lobbyist earned more than $100 million in that industry (missed the name).

Hall & Deardorff (in American Political Science Review): Lobbying as subsidy.

Mazolli: lobbyists just get “access,” which is not influence. Easy cases allow us to charitably let that slide.

Example after example. Nutrition. Global Warming. Copyright. Health Care. Taking money is standard now. John Stennis, long dead and hardly a paragon of probity, quoted as opposing it. Lead in gasoline.

Side thought: to what degree are Harvard (or any major university) and its schools and centers, industries? Or influential within industries? Or influential within government? How many Harvard veterans now work in the Obama administration? (The same might have been asked about Yale veterans for some earlier administrations. Or for Berkeley in the California state government.) This isn’t taking money, or taking people; but rather an aspect of echo-chamberism. Perhaps. Not sure. I’m expecting Larry to visit this later. Hope he will, anyway.

Larry: The real decline of journalsim began happening long before the Internet came along. It began in the ’70s and ’80s when papers and broadcasters sold out to giants that could give a damn about the institutional missions, of community, and the rest of it. Or he’s citing sources and claims on that.

Whose Side(wiki) Are You On?

September 30, 2009 in Berkman, Business, Events, Ideas, infrastructure, Life, music, problems, Technology | 26 comments

What are we to make of Sidewiki? Is it, as Phil Windley says, a way to build the purpose-centric Web? Or is it, as Mike Arrington suggests, the latest way to “deface” websites?

The arguments here were foreshadowed in the architecture of the Web itself, the essence of which has been lost to history — or at least to search engines.

Look up Wikipedia+Web on Google and you won’t find Wikipedia’s World Wide Web entry on the first page of search results. Nor in the first ten pages. The top current result is for Web browser. Next is Web 2.0. Except for Wikipedia itself, none of the other results on the first page point to a Wikipedia page or one about the Web itself.

This illustrates how far we’ve grown away from the Web’s roots as a “hypertext project”. In Worldwide: Proposal for a Hypertext Project, dated 12 November 1990, Tim Berners-Lee and Robert Callao wrote,

Hypertext is a way to link and access information of various kinds as a web of nodes in which the user can browse at will. Potentially, Hypertext provides a single user-interface to many large classes of stored information such as reports, notes, data-bases, computer documentation and on-line systems help…

…There is a potential large benefit from the integration of a variety of systems in a way which allows a user to follow links pointing from one piece of information to another one. This forming of a web of information nodes rather than a hierarchical tree or an ordered list is the basic concept behind Hypertext…

Here we give a short presentation of hypertext.

A program which provides access to the hypertext world we call a browser. When starting a hypertext browser on your workstation, you will first be presented with a hypertext page which is personal to you: your personal notes, if you like. A hypertext page has pieces of text which refer to other texts. Such references are highlighted and can be selected with a mouse (on dumb terminals, they would appear in a numbered list and selection would be done by entering a number)…

The texts are linked together in a way that one can go from one concept to another to find the information one wants. The network of links is called a web . The web need not be hierarchical, and therefore it is not necessary to “climb up a tree” all the way again before you can go down to a different but related subject. The web is also not complete, since it is hard to imagine that all the possible links would be put in by authors. Yet a small number of links is usually sufficient for getting from anywhere to anywhere else in a small number of hops.

The texts are known as nodes. The process of proceeding from node to node is called navigation. Nodes do not need to be on the same machine: links may point across machine boundaries. Having a world wide web implies some solutions must be found for problems such as different access protocols and different node content formats. These issues are addressed by our proposal.

Nodes can in principle also contain non-text information such as diagrams, pictures, sound, animation etc. The term hypermedia is simply the expansion of the hypertext idea to these other media. Where facilities already exist, we aim to allow graphics interchange, but in this project, we concentrate on the universal readership for text, rather than on graphics.

Thus was outlined, right at the start, a conflict of interests and perspectives. On one side, the writer of texts and other creators of media goods. On the other side, readers and viewers, browsing. Linking the two is hypertext.

Note that, for Tim and Robert, both hypertext and the browser are user interfaces. Both authors and readers are users. As a writer I include hypertext links. As a reader with a browser I can follow them — but do much more. And it’s in that “more” category that Sidewiki lives.

As a writer, Sidewiki kinda creeps me out. As Dave Winer tweeted to @Windley, What if I don’t want it on my site? Phil tweeted back, but it’s not “on” your site. It’s “about” your site & “on” the browser. No?

Yes, but the browser is a lot bigger than it used to be. It’s turning into something of an OS. The lines between the territories of writer and reader, between creator and user, are also getting blurry. Tools for users are growing in power and abundance. So are those for creators, but I’m not sure the latter are keeping up with the former — at least not in respect to what can be done with the creators’ work. All due respect for Lessig, Free Culture and remixing, I want the first sources of my words and images to remain as I created them. Remix all you want. Just don’t do it inside my pants.

I’ll grant to Phil and Google that a Google sidebar is outside the scope of my control, and is not in fact inside my pants. But I do feel encroached upon. Maybe when I see Sidewiki in action I won’t; but for now as a writer I feel a need to make clear where my stuff ends and the rest of the world’s begins. When you’re at my site, my domain, my location on the Web, you’re in my house. My guest, as it were. I have a place here where we can talk, and where you can talk amongst yourselves as well. It’s the comments section below. If you want to talk about me, or the stuff that I write, do it somewhere else.

This is where I would like to add “Not in my sidebar.” Except, as Phil points out, it’s not my sidebar. It’s Google’s. That means it’s not yours, either. You’re in Google-ville in that sidebar. The sidewiki is theirs, not yours.

In Claiming My Right to a Purpose-Centric Web: SideWiki, Phil writes,

I’m an advocate of the techniques Google is using and more. I believe that people will get more from the Web when client-side tools that manipulate Web sites to the individual’s purpose are widely and freely available. A purpose-centric Web requires client-side management of Web sites. SideWiki is a mild example of this.

He adds,

The reaction that “I own this site and you’re defacing it” is rooted in the location metaphor of the Web. Purpose-centric activities don’t do away with the idea that Web sites are things that people and organizations own and control. But it’s silly to think of Web sites the same way we do land. I’m not trespassing when I use HTTP to GET the content of a Web page and I’m not defacing that content when I modify it—in my own browser—to more closely fit my purpose.

Plus a kind of credo:

I claim the right to mash-up, remix, annotate, augment, and otherwise modify Web content for my purposes in my browser using any tool I choose and I extend to everyone else that same privilege.

All of which I agree with—provided there are conventions on the creators’ side that give them means for clarifying their original authorship, and maintaining control over that which is undeniably theirs, whether or not it be called a “domain”.

For example, early in the history of Web, in the place where publishing, browsing and searching began to meet, a convention by which authors of sites could exclude their pages from search results was developed. The convention is now generally known as the Robots Exclusion Standard, and began with robots.txt. In simple terms, it was (and remains) a way to opt out of appearance in search results.

Is there something robots.txt-like that we could create that would reduce the sense of encroachment that writers feel as Google’s toolbar presses down from the top, and Sidewiki presses in from the left? (And who-knows-what from Google — or anybody — presses in from the right?)

I don’t know.

I do know that we need more and better tools in the hands of users — tools that give them independence both from authors like me and intermediaries like Google. That independence can take the form of open protocols (such as SMTP and IMAP, which allow users to do email with or without help from anybody), and it can take the form of substitutable tools and services such as browsers and browser enhancements. Nobody’s forcing anybody to use Google, Mozilla, any of their products or services, or any of the stuff anybody adds to either. This is a Good Thing.

But we’re not at the End of Time here, either. There is much left to be built out, especially on the user’s side. This is the territory where VRM (Vendor Relationship Management) lives. It’s about “equipping customers to be independent leaders and not just captive followers in their relationships with vendors and other parties on the supply side of the marketplace”.

I know Phil and friends are building VRM tools at his new company, Kynetx. I’ll be keynoting Kynetx’ first conference as well, which is on 18-19 November. (Register here.) Meanwhile there is much more to talk about in the whole area of individual autonomy and control — and work already underway in many areas, from music to public media to health care — which is why we’ll have VRooM Boston 2009 on 12-13 October at Harvard Law School. (Register here.)

Lots to talk about. Now, more places to do that as well.

Bonus Links:

[Later…] Lots of excellent comments below. I especially like Chris Berendes’. Pull quote: I better take the lead in remixing “in my pants”, lest Google do it for me. Not fair, but then the advent of the talkies was horribly unfair to Rudolf Valentino, among other silent film stars.

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Fee Culture vs. Free Culture

August 15, 2009 in Berkman, Future, Ideas, Journalism, News, Politics, problems | 6 comments

Allan Gregory (a 3rd year law student and my summer intern at the ) and I have spent a lot of time this summer looking at the history of copyright and royalties, mostly in respect to music. What I’ve noticed in the course of this work is how much commercial interests of one kind or another (and in some cases we’re talking about a single party with a legitimate beef who had been screwed over one too many times — Victor Herbert, for example) push law and enforcement across new lines that quickly harden. The free space on the far sides of those lines ratchets downward with each advance of creators armed by the law as rights-holders. At a certain point, it disappears.

To see how extreme this can get, visit here, or Bemuso.com, which does an amazing job making sense of the music business in the U.K., which restricts music usage far more than anything like it in the U.S. For example,

Steve Finnigan, Chief Constable in Lancashire, England seems to have gotten himself in trouble with the Performing Right Society (PRS). Apparently there’s been music playing in police stations where people can hear it, and someone at the PRS noticed that no one has paid any licensing fees for it. The PRS is responsible for collecting performance royalties on behalf of composers and publishers in the UK.

In addition to the music that allegedly plays in 34 separate police stations, they’re also being accused of allowing employees to listen to it in gyms and at office parties. They’ve even gone so far as to use unlicensed music for entertaining the public when they get put on hold while calling in.

Since Lancashire Constabulary’s head of legal services, Niamh Noone, instructed officers not to discuss what was being played with PRS representatives, the agency decided to take them to court in order to collect back royalties they believe are owed and arrange for proper licensing so that future royalties may be collected in a more timely manner.

And you thought the RIAA was prickly.

Meanwhile on the publishing front, the Associated Press has been moving is a similarly restrictive direction for some time. The organization’s latest efforts are being covered like a blanket by Zachary M. Seward at the Nieman Journalism Lab. His latest post, Who, really, is The Associated Press accusing of copyright infringement? looks in depth at what the AP has been saying and doing, both in public and in secret. The word “bellicose” stands out in its first paragraph.

It’s an outstanding series. If you care about journalism, free speech, Free Culture, fair use and other values that transcend the AP’s parochial interests, it’s required reading.

While you do, remember that the AP is primarily an association of newspapers, formed early in the Industrial Age, and very much a creature of it. They are also, like many other associations representing originators of work about which usage rights are ambiguous, in essence a big legal department: quick to litigate and slow to comprehend the larger and changing contexts in which it now finds itself. Litigators are soldiers, not peacemakers. They don’t much care for olive branches (such as the one I extended last month).

Still, they’re not entirely unfriendly. Writes Zachary,

The AP would like to encourage use of its content — even full content — under terms that might not be so different from the APIs released by The New York Times and NPR. (Then again, it might be very different. The AP thus far hasn’t said what restrictions it will attach to its APIs.) I asked Kasi for an example, and he said that a mobile developer who wanted to include the AP’s articles or videos in an iPhone application could do so, probably without paying for access. Addressing the hypothetical developer, he said, “If this becomes a runaway success, I want to be part of this kind of business arrangement with you. In the meantime, if you want to experiment, go at it.”

In other words, “soon as there’s money in it, we want a piece of it”. In fact my proposal is for exactly that. Except it won’t be on their terms. It will be on ours, as fellow participants in what Zachary calls “the web’s circulatory system”.

In that system, Fee Culture is arteriosclerotic.

Thinking past the I-I boundary

August 13, 2009 in Berkman, Business, Cluetrain, Future, infrastructure, News, Past, Politics | 1 comment

For the form of life we call business, we are at a boundary between eras. For biological forms of life, the most recent of these is the K-T boundary between the  and the Eras. The Mezozoic Era ended when Earth was struck by an object that left a crater 110 miles wide and a world-wide layer of iridium-rich crud. Below that layer lies the Age of Dinosaurs, completed. Above that layer accumulate the fossils of life forms that survived the change, and took advantage of it. Notable among these is a branch of theropod dinosaurs we call birds.

In business we have the I-I boundary: the one between the Industrial and Information ages (which Alvin Toffler first observed in The Third Wave, published in 1980).  Below that boundary we find a communications environment dominated by telecom and cablecom. Above it we find a radically different communications environment that still supports voice and video, but as just two among an endless variety of other applications. We call that environment the Internet.

At this moment in history most of us know the Internet as a tertiary service of telephone and cable companies, which still make most of their money selling telephone service and cable TV. Since those are highly regulated businesses, the Internet is subject to degrees of regulatory capture. Some of that capture is legal, but much of it is conceptual, for example when we see the Internet as a grace of telecom and cablecom — rather than as something that subsumes and obsoletes both of those Industrial Age frames.

Such is the risk with “broadband” — a term inherited by the Internet from both telecom and cablecom, and which is a subject of interest for both Congress and the FCC. In April of this year the FCC announced the development of a national broadband plan, subtitled “Seeks Public Input on Plan to Ensure Every American has Access to Broadband Capability”. In July the commission announced that Harvard’s Berkman Center would conduct “an independent review of broadband studies” to assist the FCC. Then yesterday the center put up a notice that it “is looking for a smart, effective fellow to join our broadband research team”. (This is more than close to home for me, since I am a fellow at Berkman. So I need to say that the broadband studies review is not my project — mine is this one — and that I am not speaking for the Berkman Center here, or even in my capacity as a fellow.)

The challenge here for everybody is to frame our understanding of the Net, and of research concerning the Net, in terms that are as native to the Net as possible, and not just those inherited from the Industrial Age businesses to which it presents both threats and promise — the former more obvioius than the latter. This will be very hard, because the Internet conversation is still mostly a telecom and cablecom conversation. (It’s also an entertainment industry conversation, to the degree that streaming and sharing of audio and video files are captive to regulations driven by the recording and movie industries.)

This is the case especially for legislators and regulators, too few of which are technologists. Some years ago Michael Powell, addressing folks pushing for network neutrality legislation, said that he had met with nearly every member of Congress during his tour of duty as FCC chairman, and that he could report that nearly all of them knew very little about two subjects. “One is technology, and the other is economics,” he said. “Now proceed.”

Here is what I am hoping for, as we proceed both within this study and beyond it to a greater understanding of the Internet and the new Age it brings on:

  • That “broadband” comes to mean the full scope of the Internet’s capabilities, and not just data speeds.
  • That we develop a native understanding of what the Internet really is, including the realization that what we know of it today is just an early iteration.
  • That telecom and cablecom companies not only see the writing on the wall for their old business models, but embrace other advantages of incumbency, including countless new uses and businesses that can flourish in an environment of wide-open and minimally encumbered connectivity — which they have a privileged ability to facilitate.
  • That the Net’s capacities are not only those provided from the inside out by “backbone” and other big “carriers”, but from the outside in by individuals, small and mid-size businesses (including other Internet service providers, such as WISPs) and municipalities.

That last item is important because carriers are the theropods of our time. To survive, and thrive, they need to adapt. The hardest challenge for them is to recognize that the money they leave on the shrinking Industrial Age table is peanuts next to the money that will appear on the Information Age table they are in a privileged position to help build.

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Because advertising encourages Alzheimer’s

August 5, 2009 in Berkman, Business, Future, Ideas, infrastructure, Journalism, Live Web | 12 comments

I dunno why the New York Times appeared on my doorstep this morning, along with our usual Boston Globe (Sox lost, plus other news) — while our Wall Street Journal did not. (Was it a promo? There was no response envelope or anything. And none of the neighbors gets a paper at all, so it wasn’t a stray, I’m pretty sure.) Anyway, while I was paging through the Times over breakfast, I was thinking, “It’s good, but I’m not missing much here–” when I hit Hot Story to Has-Been: Tracking News via Cyberspace, by Patricia Cohen, on the front page of the Arts section. It’s about MediaCloud, a Berkman Center project, and features quotage from Ethan Zuckerman and Yochai Benkler…

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(pictured above at last year’s Berkman@10).

The home page of MediaCloud explains,

The Internet is fundamentally altering the way that news is produced and distributed, but there are few comprehensive approaches to understanding the nature of these changes. Media Cloud automatically builds an archive of news stories and blog posts from the web, applies language processing, and gives you ways to analyze and visualize the data.

This is a cool thing. It also raises the same question that is asked far too often in other contexts: Why doesn’t Google do that? Here’s the short answer: Because the money’s not there. For Google, the money is in advertising.

Plain enough, but let’s go deeper.

It’s an interesting fact that Google’s index covers the present, but not the past. When somebody updates their home page, Google doesn’t remember the old one, except in cache, which gets wiped out after a period of time. It doesn’t remember the one before that, or the one before that. If it did it might look, at least conceptually, like Apple’s Time Machine:

timemachine_hero_a

If Google were a time machine, you could not only see what happened in the past, but do research against it. You could search for what’s changed. Not on Google’s terms, as you can, say, with Google Trends, but on your own, with an infinite variety of queries.

I don’t know if Google archives everything. I suspect not. I think they archive search and traffic histories (or they wouldn’t be able to do stuff like this), and other metadata. (Mabye a Googler can fill us in here.)

I do know that Technorati keeps (or used to keep) an archive of all blogs (or everything with an RSS feed). This was made possible by the nature of blogging, which is part of the Live Web. It comes time-stamped, and with the assumption that past posts will accumulate in a self-archiving way. Every blog has a virtual directory path that goes domainname/year/month/day/post. Stuff on the Static Web of sites (a real estate term) were self-replacing and didn’t keep archives on the Web. Not by design, anyway.

I used to be on the Technorati advisory board and talked with the company quite a bit about what to do with those archives. I thought there should be money to be found through making them searchable in some way, but I never got anywhere with that.

If there isn’t an advertising play, or a traffic-attraction play (same thing in most cases), what’s the point? So goes the common thinking about site monetization. And Google is in the middle of that.

So this got me to thinking about research vs. advertising.

If research wants to look back through time (and usually it does), it needs data from the past. That means the past has to be kept as a source. This is what MediaCloud does. For research on news topics, it does one of the may things I had hoped Technorati would do.

Advertising cares only about the future. It wants you to buy something, or to know about something so you can act on it at some future time.

So, while research’s time scope tends to start in present and look back, advertising’s time scope tends to start in the present and look forward.

To be fair, I commend Google for all the stuff it does that is not advertising-related or -supported, and it’s plenty. And I commend Technorati for keeping archives, just in case some business model does finally show up.

But in the meantime I’m also wondering if advertising doesn’t have some influence on our sense of how much the past matters. And my preliminary response is, Yes, it does. It’s an accessory to forgetfulness. (Except, of course, to the degree it drives us to remember — through “branding” and other techniques — the name of a company or product.)

Just something to think about. And maybe research as well. If you can find the data.

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Soon to be a major motion picture

August 2, 2009 in Berkman, Business, VRM | 1 comment

Over at the ProjectVRM blog: Dawn of the Living Infrastructure.

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Quotetrain #1

August 2, 2009 in Berkman, Business, Cluetrain, Quote | 1 comment

… customers are so empowered that they don’t feel especially empowered. The new normal is that we expect businesses to listen to us. The companies that don’t are now perceived as Dinosaurs. — David Weinberger, from the new Introduction to 10th Anniversary edition of The Cluetrain Manifesto.

That’s from the first of eight new chapters. Since a lot of people don’t seem to know that the new Cluetrain is a lot bigger and better than the original, I thought it would be cool to start quoting some of the new stuff.

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An opportunity for the AP

July 29, 2009 in Berkman, Blogging, Business, Future, Ideas, infrastructure, Journalism, News, problems, VRM | 8 comments

It helps to recognize that the is exactly what its name denotes: an association of presses. Specifically, newspapers. Fifteen hundred of them. Needless to say, newspapers are having a hard time. (Hell, I gave them some, myself, yesterday.) So we might cut them a little slack for getting kinda testy and paranoid.

Reading the AP’s paranoid jive brings to mind Jim Clark on stage at the first (only?) Netscape conference. Asked by an audience member why he said stuff about Microsoft that might have a “polarizing effect”, Jim rose out of his chair and yelled at the questioner, “THEY’RE TRYING TO KILL US. THAT HAS A POLARIZING EFFECT!” I sometimes think that’s the way the AP feels toward bloggers. Hey, when you’re being eaten alive, everything looks like a pirhana.

But last week the AP, probably without intending it, did something cool. You can read about it in “Associated Press to build news registry to protect content“, a press release that manages to half-conceal some constructive open source possibilities within a pile of prose that seems mostly to be about locking down content and tracking down violators of AP usage policies. Ars Technica unpacks some of the possibilities. Good piece.

Over in Linux Journal I just posted AP Launches Open Source Ascribenation Project, in which I look at how the AP’s “tracking and tagging” technology, which is open source, can help lay the foundations for a journalistic world where everybody gets credit for what they contribute to the greater sphere of news and comment — and can get paid for it too, easily — if readers feel like doing that.

The process of giving credit where due we call , and the system by which readers (or listeners, or viewers) choose to pay for it we call .

Regardless of what we call it, that’s where we’re going to end up. The system that began when the AP was formed in 1846 isn’t going to go away, but it will have to adapt. And adopt. It’s good to see it doing the latter. The former will be harder. But it has to be done.

I’d say more here, but I already said it over there.

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Cluetrain Chugs Again

June 14, 2009 in Art, Berkman, Events, Fun | 9 comments

cluetrain-poster2

I think this may be the first time I’m listed first on anything alphabetical. The S in my surname usually puts me near the back of the aphabetical bus; but with Weinberger and Zittrain’s help, I’m listed first. Cool. I also love the early-60s design and typeface.

That title “So How’s Utopia Working Out For Ya?” was my joke response to David Weinberger’s musing out loud about titles. But, like the Cluetrain name, it quickly seemed right and stuck. Felicitous joking aside (but not out of reach), the topic is also a serious one.

Anyway, the event above, subject of posters tacked and taped around the neighborhood by now (or so I assume, having been out of town the last week) has more than 180 people signed up for it so far.

If you can’t be there and want to attend and participate anyway, you can witness the webcast, jump on the IRC (#berkman), tweet amongst yourselves (#cluetrain) or do whatever works best for ya’ll. See ya Tuesday evening.

Bonus logroll: JP Rangaswami (who contributes a chapter to the new Cluetrain edition) on Hugh McCloud‘s new book Ignore Everybody, which is outstanding. Really. I’m not kidding. Great stuff.

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