Future

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Just got stopped in my tracks by this passage in Plans for ‘TV Everywhere’ Bog Down in Tangled Pacts, in The Wall Street Journal:

Nearly three years after Time Warner Inc. and Comcast Corp. kicked off a drive to make cable programming available online for cable subscribers, the idea of TV Everywhere remains mired in technical holdups, slow deal-making and disputes over who will control TV customers in the future.

Say what? Control?

Excuse me, but no. Cable doesn’t control us now, and won’t control us in the future, either. As long as Cable keeps trying to choke us, we’ll keep cutting the cords.

Not surprisingly, Cable calls Internet-based distribution of content “over the top,” or OTT. Up here, over the top of cable’s clutches, is the everywhere we call the world.

Whether or not cable and phone companies succeed  in building out the fully licensed world (that is, sucking everywhere down under the lids of their closed systems), we will remain free. We can live without you if we have to. Always could, always will.

 

 

Should you manage your personal data just so you can sell it to marketers? (And just because somebody’s already buying it anyway, why not?) Those are the barely-challenged assumptions in Start-Ups Seek to Help Users Put a Price on Their Personal Data, by Joshua Brustein in The New York Times. He writes,

People have been willing to give away their data while the companies make money. But there is some momentum for the idea that personal data could function as a kind of online currency, to be cashed in directly or exchanged for other items of value. A number of start-ups allow people to take control — and perhaps profit from — the digital trails that they leave on the Internet…

Many of the new ideas center on a concept known as the personal data locker. People keep a single account with information about themselves. Businesses would pay for this data because it allows them to offer personalized products and advertising. And because people retain control over the data in their lockers, they can demand something of value in return. Maybe a discounted vacation, or a cash payment.

Proponents of personal data lockers do not see them simply as a solution to privacy concerns. Rather, they hope that people will share even more data if there is a market for them to benefit from it.

At most that’s only partially true. I know for a fact that brokering personal data is not the business model for Personal (the main company sourced in the piece.) I also know it’s also not what MyDex, Qiy, Glome, or any of the other VRM (Vendor Relationship Management) companies and development projects listed here (Personal among them) exist to do. Check their websites. None of them align with this story. Mostly they exist to give individuals more control over their lives and their relationships with organizations, with each other, and with themselves.

But the personal-data-for-advertising deal is a Big Meme these days, especially given the Facebook IPO.

Recently I was approached by a writer for CNN who was working on a piece about personal data stores (aka lockers, vaults, etc.). His first question was this: Are people’s perceived value of their personal data in line with what marketers are willing to pay for it?

Here’s how I answered:

Well, exactly what are marketers willing to pay to individuals directly for personal data? Without that information, we can’t say what people’s perceived value for their personal data might be. In fact, there never has been a market where people sell their personal data.

What we do know for sure is that personal data has use value. That it might also have sale value — to the persons themselves — is a new idea, and still unproven. We’re only talking about it because marketers are paying other parties for personal data.

Let’s look at use value first. Think about all the personal data in your life that can be digitized and stored: photos, videos, letters, texts, emails, contact information for yourself and others, school and business records, bills received and paid, medical and fitness data, calendar entries… Today all of us use this data. But we don’t sell it. Yes, others do sell it and use it, but we’re not involved in that.

Now let’s look at sale value for the same data. That only looks like a good idea if the entire frame of reference is what marketers want, not what individual people want.

There may indeed be a market for selling personal data — for better offers, or whatever. But does that speculative sale value exceed the actual use value for the same data? Hard to say, because the metrics are different. Most use value is not transacted, and can’t be accounted for. But it is real. And that real value might be put at risk when the data is sold, especially if the terms of the sale don’t limit what the buyer can do with the data.

As for the actual amounts paid for personal data by marketers — on a person-by-person basis — I think you’ll find it’s pretty small. True, the sum paid to Google and Facebook by advertisers is large, but that’s not necessarily for the kind of personal data people might be willing to sell (such as, “I’m in the market for a Ford truck right now”), and the waste is enormous. Most click-through rates are way below one percent. Also, the belief that people actually want messages all the time — even highly personalized ones — is a mistake. They don’t. Advertising on the whole is tolerated far more than it is desired.

Sure, many are saying, “Hey, third party spyware in our browsers is snarfing up all kinds of personal data and selling it, so why not pay individuals directly for that data?” There are several additional problems with this assumption.

One is that people are okay with all this spying. When it’s made clear to them, they are not. But, on the whole, it is not made clear, so they operate in blind acquiescence to it.

Another is that the money involved would be large enough to make the deal worthwhile. As I understand it, personal data sold on the back-end trading floors of the Live Web goes for itty bitty amounts on a per-person-per-ad basis. But I haven’t seen anybody run solid numbers on this. Whatever those numbers turn out to be, the case is not proven so far.

All the VRM developers listed below are in the business of helping individuals understand and empower themselves, as independent and autonomous actors in the marketplace. Not just as better “targets” for marketing messages.

The movement of which they are a part — VRM, for Vendor Relationship Management — is toward giving individuals tools for both independence and engagement. Those tools include far more than data management (of which personal data stores are a part).

For example, we are working on terms of service that individual customers can assert: ones that say, for example, “don’t track me outside your website,” and “share back with me all the data you collect about me, in the form I specify.” That has nothing to do with what anything sells for. It’s about relationship, not transaction.

I could go on, but I’d rather point back to other stuff I’ve written about this already, such as this, from Data Bubble II:

Right now it’s hard to argue against all the money being spent (and therefore made) in the personalized advertising business—just like it was hard to argue against the bubble in tech stock prices in 1999 and in home prices in 2004. But we need to come to our senses here, and develop new and better systems by which demand and supply can meet and deal with each other as equally powerful parties in the open marketplace. Some of the tech we need for that is coming into being right now. That’s what we should be following. Not just whether Google, Facebook or Twitter will do the best job of putting crosshairs on our backs.

John [Battelle is] right that the split is between dependence and independence. But the split that matters most is between yesterday’s dependence and tomorrow’s independence—for ourselves. If we want a truly conversational economy, we’re going to need individuals who are independent and self-empowered. Once we have that, the level of economic activity that follows will be a lot higher, and a lot more productive, than we’re getting now just by improving the world’s biggest guesswork business.

And this, from A Sense of Bewronging:

My Web is not their Web. I’m tired of being shown. I’m tired of “experiences” that are “delivered” to me. I’m tired of bad guesswork — or any guesswork. I don’t want “scarily accurate” guesses about me and what I might want.

What I crave is independence, and better ways of engaging — ones that are mine and not just theirs. Ones that work across multiple services in consistent ways. Ones that let me change my data with all these services at once, if I want to.

I want liberation from the commercial Web’s two-decade old design flaws. I don’t care how much a company uses first person possessive pronouns on my behalf. They are not me, they do now know me, and I do not want them pretending to be me, or shoving their tentacles into my pockets, or what their robots think is my brain. Enough, already.

While they might not put it the same way, I believe the VRM companies Burstein sources believe the same thing.

Meanwhile, more links to the current zeitgiest, mostly from Zemanta:

Marcel Bullinga is a Dutch futurist and author of Welcome to the Future Cloud. Today I got pointed on Twitter to a Q&A with Bullinga by Aaron Saenz at SingularityHub. Interesting stuff. An excerpt:

SH: Welcome to the Future Cloud seems to be very supportive of intellectual property (IP) rights and digital rights managements (DRM). Are IP and DRM necessary to the development of a healthy future?

MB: Yes and no. The trend is twofold. We will have ironclad ways to protect our data, our virtual sources and our identities. We will wrap our virtual belongings with what I call a Cloud Seal. A seal that contains the ownership and the Terms of Use of your data. This goes way beyond something as simple and as easy-to-cheat thing as DRM.

On the other hand, more and more, we do not need control over our creations and we do not need IP protection, because we let go — voluntarily. We find other ways to earn money. Think of the startup musician who gives away his music for free in order to get his fans to visit a live concert.

The point is, in the future cloud, we need to have the choice. The choice to trade privacy for services, the choice to sell privacy for money, the choice to buy your privacy. The choice to control or to let go. For that , we need this personal dashboard. Without it, the Cloud is a new disaster.

Control over our virtual life wasn’t that important in the past. Until now, virtual life was more of a toy thing. In the next few years, virtual identity is becoming a life vest. Therefore, it is getting more and more important that we actually own our identities and our data. Right now, we do not own them. Google and Facebook do, plus all the company sites we are subscribed to. We must change this, or the future will turn into a privacy nightmare.

The dashboard turns the world upside down. It creates a bridge between any organization and you. You grant companies access to your dashboard and you control what they do with your data. Not the other way around, as is now. From the hundreds of “myvodafone” and “mygovernment” and so on into the single “mydashboard”.

This is right up many VRM alleys. One’s virtual cloud sounds a lot to me like what Phil Windley has been talking and writing about lately, calling it both a personal cloud and a personal event network (though more of the latter). In his latest blog post, Phil dives into the real-world example of “delivering flowers in a distributed event system” in which all parties are both autonomous yet interconnected in ways that the autonomous parties control. In other words, it happens inside nobody’s silo, and between each party’s cloud. A sample:


flowershop pen

In the preceding diagram, there isn’t one event system that manages the interactions between the shops and the drivers. Rather, each driver has their own personal event network, each shop has their own personal event network, and the guild has one too. The interactions aren’t simply events raised within a single event network, but rather events raised between the networks of each participant. I’ve shown some of the apps that drivers, shops, and the guilds have installed on their personal event networks, but they would each be individually managed and configured. In fact, it’s reasonable to assume that different drivers or shops might use different apps for the same purpose as long as they understood the events.

Phil concludes,

Overall, this example isn’t terribly different from the fourth-party ecommerce example I wrote about last June except that example featured hardwired connections between the shopper and the merchant rulesets. In contrast, this example uses the idea of event subscription to link merchants and customers. Event subscription takes the fourth-party example from a nice little demonstration to a conception of how VRM could work in the real-world. The diagram shown above can be partitioned to illustrate this:

flowershop partiesTogether with our ideas about how notification occurs and how personal data can be managed in personal event networks, event subscription creates a powerful system for enabling a completely new kind of interaction between vendors and customers (note that in this example, the flowershop is the customer who is negotiating for and buying delivery services from the drivers).

Now back to the Marcel Bullinga Q&A:

SH: Which technology (or branch of science) do you feel will have the biggest impact in the next fifteen years? Who do you see as the leader in the development of that technology?

MB: My pick: a small startup called Qyi.com. It is the closest thing to my vision of a personal dashboard that I have discovered so far. I met the owner, Marcel van Galen, and he convinced me that in his business model the individual owner will stay in control. This will sweep aside the Google and Facebook attitude of “company owning”. It is vital, by the way, that neither Google nor Facebook will ever buy Qyi. That is a major threat to innovation in general: big companies buying startups. It is the surest way to kill them. It makes the startup owner a millionaire and humanity a beggar.

I am sure “Qyi” is a typo, and that Marcel means Qiy, which is indeed cool. Check ’em out.
I wanted to point out all this stuff (including the Qiy typo) in a comment on SingularityHub, but it appeared (to me at least) that one could only do that being a member (and I couldn’t see where one signed up) or by logging in through Facebook. I hate doing anything through Facebook, but I tried — and ended up being sent to the top of the page, centered on this:

I can parse some of that, but mostly I don’t want to deal with any of it. In any case, my trying to make a comment with the help of a Facebook ID was a fail.

This kind of minor ordeal (the comment gauntlet, even if one succeeds with it) is just one bit of evidence for how lame the commercial Web still is (on the whole — not blaming SingularityHub alone here), how much we remain stuck in the calf-cow world of client-server, and why we will remain stuck until making comments is as simple as creating an event that we control and other autonomous peers respect in a useful way.

In any case, that future is not far off. We’re making it today.

Today I’m in solidarity with Web publishers everywhere joining the fight against new laws that are bad for business — and everything else — on the Internet.

I made my case in If you hate big government, fight SOPA. A vigorous dialog followed in the comments under that. Here’s the opening paragraph:

Nobody who opposes Big Government and favors degregulation should favor the Stop Online Piracy Act, better known as SOPA, or H.R. 3261. It’s a big new can of worms that will cripple use of the Net, slow innovation on it, clog the courts with lawsuits, employ litigators in perpetuity and deliver copyright maximalists in the “content” business a hollow victory for the ages.

I also said this:

SOPA is a test for principle for members of Congress. If you wish to save the Internet, vote against it. If you wish to fight Big Government, vote against it. If you wish to protect friends in the “content” production and distribution business at extreme cost to every other business in the world, vote for it. If you care more about a few businesses you can name and nothing about all the rest of them — which will be whiplashed by the unintended consequences of a bill that limits what can be done on the Internet while not comprehending the Internet at all — vote for it.

This is the pro-business case. There are other cases, but I don’t see many people making the pure business one, so that’s why I took the business angle.

The best summary case I’ve read since then is this one from the EFF.

The best detailed legal case (for and against) is A close look at the Stop Online Piracy Act bill, by Jonathan @Zittrain. The original, from early December, is here.

Not finally, here are a pile of links from Zemanta:

Oh, and the U.S. Supreme Court just make it cool for any former copyright holder to pull their free’d works out of the public domain. The vote was 6-2, with Kagan recused and Breyer and Alito dissenting. Lyle Denniston in the SCOTUS blog:

In a historic ruling on Congress’s power to give authors and composers monopoly power over their creations, the Supreme Court on Tuesday broadly upheld the national legislature’s authority to withdraw works from the public domain and put them back under a copyright shield.   While the ruling at several points stressed that it was a narrow embrace of Congress’s authority simply to harmonize U.S. law with the practice of other nations, the decision’s treatment of works that had entered the public domain in the U.S. was a far more sweeping outcome.

No one, the Court said flatly, obtains any personal right under the Constitution to copy or perform a work just because it has come out from under earlier copyright protection, so no one can object if copyright is later restored.  Any legal rights that exist belong only to the author or composer, the ruling said.  If anyone wants to resume the use or performance of a work after it regains copyright, they must pay for the privilege, the decision made clear.

IMHO, the U.S. has become devoutly propertarian, even at the expense of opportunity to create fresh property from borrowed and remixed works in the public domain. One more way the public domain, and its friendliness to markets, is widely misunderstood.

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So our family of three is sharing a hotel room while doing some holiday stuff. The hotel charges about $20/day per device to use its wi-fi. We have seven devices that are Net-enabled, but so far have only one (my laptop) paying the fare — and the quality of the connection gets a D+ from Speedtest.net. Our two phones (my wife’s and mine) with cellular data plans are left to the mercies of AT&T, which barely provides phone service. (Among the few calls that came through yesterday were several in which the other person could hear nothing that we said.) Cellular data works only in the wee hours, when demands on AT&T’s system are at low ebb. Without a Net connection, my wife, whose new laptop is tethered to Apple’s iCloud, is SOL for email and calendar updates.

There are dozens of wi-fi hot spots showing up on our lists, but all of them are closed. If this were eight years ago, at least half of them would be open, but the popular default in the world is now for closed hot spots, so those are also not options.

I’m sure in the long run The Market will fix this, but meanwhile “The Cloud’s” promise and reality are way out of sync. Since most of The Market outside our homes is comprised of pay services over wi-fi and cellular data systems are sure to suffer traffic jams as more of our lives require tethering to data banks and services in clouds, I’m not holding my breath for ease in the short run.

Remember “the information superhighway”? Would be nice to have that now.

In The Web is on life support: Forrester Research, Marketwatch reports on a speech titled “Three Social Thunderstorms,” by Forrester CEO George Colony at LeWeb. Sourcing both the Marketwatch report and George’s slides, this appears to be what he said*…

Thunderstorm One is “The Death of the Web.” Marketwatch:

Colony said that several models of thinking about the Web/Internet space are dead or outmoded.

Colony distinguished between the Web, which he said is a software architecture, and the Internet, which is a larger organizing framework.

He said technology is migrating away from the PC/Desktop model, as well as what he called the Web cloud.

Thunderstorm Two is “Social Saturation.” George’s slide:

  • Yes, we are in a bubble…for social startups
  • We are moving to a post social (POSO) world
  • POSO startups will dominate

Marketwatch again:

Colony asked LeWeb attendees to consider “what we will hold in our hands 5 years from now.”

Forrester Research thinks the answer to that question is the so-called App Internet, which offers a “faster, simpler and better Internet experience.”

The App Internet market is worth $2.2 billion, according to Forrester Research.

And decision makers at 41% of companies are now moving away from Web-based software toward the App Internet, Colony said…

He also said that adoption of social media in urban areas was now extremely high and “running out of hours and people.”

Declaring, in effect, that we are socially saturated.

That means “we are in a bubble,” he said, adding that a post-social world was on its way that would “sweep away some of the nonsense like Foursquare.

Thunderstorm Three is “Enterprise.” George’s summary slides:

What enterprise means

  • Beyond Sharepoint…lies the next wave of social opportunity
  • A rich and growing professional service market emerges
  • A major test of marketing and BT collaboration

When the skies clear…

  • A new social platform – App Internet
  • New social players – POSO
  • New social opportunities – Enterprise
  • Social will thrive, but in an evolved form

Declaring things dead is always an attention-grabber, and George grabbed a lot with this one, as you can see from the links below. Forrester’s market (and George’s primary audience), however, is the enterprise. For that audience George is right to call for thinking beyond today’s Web and social strategies, and to develop app-based ones. But calling the Web dead along the way has the effect of a red herring, diverting attention away from real risks both to the Net and to the Web — risks that extend to enterprises as well, and that all of us (including Forrester) should also be caring about. More about those in my next post.

Meanwhile, here are Zemanta‘s related articles:


Fred Wilson has since put up Sunday Debate: Is Social Peaking?, which includes George’s full speech. Watch it and compare with what I was able to glean above from the Marketwatch report and George’s slides, which were all I had to go by at the time. That alone is a lesson in the insufficiencies of all sources other than one’s own direct witness.

Now let’s look at what George says abut the “death of the Web,” and about the larger topic of “the network.”

Starting at 3:10 George says “Yes, the network is improving in power, but not at the same speed as processing and storage.” And, “If you had to build an architecture based only around the network — move all your bits to the network — you would be wasting over time all this extraordinary processing power and storage.” As an example of how the network is moving slowly, he cites the slow uptake of 4G mobile data in Europe. Other nuggets:

  • The periphery of the network is becoming ever more intelligent.” (that is, “what we hold in our hands” e.g. the iPad.)
  • (I’ll add more when I have time. Other stuff has jumped in the way.)

What matters here is the reason why the network is growing slower than either processing or storage: because it’s trapped inside what Bob Frankston calls The Regulatorium, which is the collusive space co-occupied by the phone and cable operators and their regulatory captives. While we might be impressed that our downstream speeds from Comcast have gone from 3Mbps to 50Mbps, that progress masks the limits that all the carriers put on forward Internet growth, and connectivity in general. For more on that, go to my next post, Broadband vs. Internet.

Tossed TVsI’m sitting in a medical office (routine stuff) where a number of people, myself included, are doing our best to ignore the flat TV screen on the wall. Most of us are reading magazines, using our phones or tablets, or (in one case — mine) working on a laptop.

When I arrived around 8am, I found the flat screen interesting, because it was showing a radio show I like: Dennis & Callahan, of WEEI. While most sports talk shows sound like human beer cans yelling at each other, D&C is always thoughtful and informative, even (or especially) when it veers off the sports groove, as it often does. I’d never seen John Dennis or Gerry Callahan before, so it was interesting to see them at work. I also like their long 8am conversation with Boomer Esiason every Monday during the NFL season. So digging all that was cool. Then, at 9am, when the show ended, the first of a series of half-hour-long ads began to run. Says here on the NESN schedule page that “paid programming” will continue until noon. Nobody in the room is watching. It wouldn’t be a stretch to say that most of them find the non-stop pitches annoying.

NESN is the New England Sports Network. I’d never seen it before, except maybe in a bar or another place like this one. Nothing I’ve seen so far this morning would make me want to see it again. (I’m still in the Waiting Room, waiting.) While it was nice seeing D&C, I don’t need a TV for that. And, while “paid programming” fills the time between D&C and sports news later in the day, it’s otherwise one big value-subtract for everybody but the station and the advertiser (and, I suppose the people who buy the crap being advertised — currently some kind of electronic “Amish fireplace.”). But then, so might be pretty much everything else on TV that isn’t news or sports you can’t get anywhere else.

That’s being unfair, of course. There is plenty of worthwhile stuff on TV. Talent shows. Sit-coms. Dramas and comedies. Even some reality shows. (I know people who love “Dancing With the Stars.”) My point is that none of it needs to be on TV, because today TV = Cable, and only Cable needs Cable. What we call “channels” and “networks” are just sources of programs, most of which are just files or streams that can be stored as files. We have the Net for that now.

Programs should be made available to pay for and watch on an a la carte basis, or as part of subscription packages that make sense to viewers. Apple does some of that, but most of the programs are too expensive at this point.

Sure, NBC, ABC, TNT, AMC and the rest of them have “brands” as sources of programs. But why should they be stuffed inside so much packing material, like D&C gets stuffed between “paid programming” nobody watches? Why not buy what’s worth more than $zero at prices that also exceed $zero, without also buying all the pure crap that serves as filler?

Mostly because the flywheels of Business As Usual in TV are enormous, and are sustained by FCC regulations for over-the-air, Cable and Satellite (a variety of Cable) that remain anchored in the nearly-vanished Antenna Age. (Speaking of which, there is an excellent exhibition called TV in the Antenna Age, in Terminal 3 at SFO. Check it out if you’re flying United in or out of there.)

Conveniently, all Cable companies offer Internet service as well. TV on the Net they call “over the top.” But in the long run, “over the top” will be the whole thing. The writing is already on the wall. Progress toward the inevitable is slow, but we can see how it ends. What used to be TV will just be files and streams, some of which we’ll pay for, and some of which will be free. Meanwhile, more of the usual crap will just be ignored.

[Later…] Brett (below) makes a good point about the high efficiency of broadcast (cable) for streaming. I should add that cable broadcast as a way of delivering video will make sense for a long time. But the business and technical model as it stands is obsolete and out of alignment with the marketplace. “TV” will become as obsolete as telegraphy. Video will never be.

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Advertimania

“If you don’t like the news, go out and  make some of your own,” Scoop Nisker says. (I first heard him say that when he did news for M. Dung‘s morning show on KFOG in 1985. Great show. Sorry most of you missed it.)

The same goes for words. Today I wanted one for advertising mania, so I made one up: advertimania, which I’ll define, provisionally (though simply), as excessive enthusiasm for advertising. If it succeeds, it may one day deserve an entry here in Douglas Harper‘s brilliant Online Etymology Dictionary.

Why not advermania? Because it’s already used by many advertising sites (hyping advertising, of course), while “+advertimania” comes up with no results on Google or Bing. (The ‘+’ makes the engines cough up results only for the intended word.)

Let’s see how long it takes for either engine to index the find.

[21 minutes later…]

Tweeted this:

@dsearls Doc Searls
New word: #advertimaniahvrd.me/qQHtlv Help me see how long it takes for Bing and Google to index that entry, made 1 minute ago.
20 minutes ago via web

Then came this:

aswath 41 Aswath Rao
@dsearls Bing got it via this Twitter; Google has not yet
5 minutes ago

Now Bing shows nothing with the + sign in front of “advertimania”. When I take that away, it has this:

ALL RESULTS  1-3 of 3 results· Advanced
Advertimania 26 minutes ago

Sep 28, 2011 · “If you don’t like the news, go out and make some of your own,” Scoop Nisker says. (I first heard him say that when he did news for M. Dung‘s …

blogs.law.harvard.edu/doc/2011/09/28/advertimania · Cached page

Doc Searls (@dsearls) on Twitter

  • 14,623 followers ·
  • 4,405 tweets ·
  • Cambridge, Mass ·
  • Following 1,574 others

Writer with ties to Linux Journal, the Berkman Center at Harvard and CITS at UCSB. – New word: #advertimania: hvrd.me/qQHtlv Help me see how long it takes for Bing …
twitter.com/dsearls · Cached page
Please Review My Site: http://www.techfocus.co.uk – BioRUST Forums

Please stop the adverti-mania. (Infraction + Reported + A PM to Tamlin. Damn, I’m evil) @profitbysearch: I like the site, but I think the layout is a bit too busy.

 forums.biorust.comCached page

Meanwhile Google has this:

Did you mean: +vertimania

Search Results
[Doc Searls]: Advertimania.
 friendfeed.com
[Doc Searls]: Advertimania.

Bing wins, folks. (But right now I can’t see this, because there’s some funky html I copied and can’t fix. Grr.)

The Rock face of the Music Radio island is eroding away, as station after station falls into the vast digital sea. Here’s a story in Radio Ink about how two FM rockers have been replaced by news and sports broadcasts that were formerly only on the AM band. (The illo for the story is a hideously discolored mug shot of the aged Mick Jagger.) But Rock isn’t the only music format that’s in trouble. All of them are.

For most of the last century, music and music radio were Xtreme symbiotes. To be popular, or just to be known to more than your local club or coffee house, you had to get your music on the radio. (For some great cinematic history on this, rent Coal Miner’s Daughter, just to see how Loretta Lynn established herself as a singer.) That’s because you also needed to sell what the radio played, which were recordings. All of those were on plastic discs.

Most music we hear is no longer on discs, or even on the radio.

Radio’s biggest advantage since the beginning was being live. This is why it’s still essential for talk, and especially for news and sports — the three formats that are winning on FM and keeping AM alive. Radio will remain strong as long as Internet streaming stays complicated (which it is, even on smartphones), and radios remain standard equipment in new cars. But music radio is still dying slowly. Three reasons:

  1. Music on radio is rarely presented by connoisseurs who know more than you do, and you’re glad to learn from. This in fact has been the case for a long time. There remain a few exceptions, but none (to my knowledge) make much money. By contrast, the Net is full of music connoisseurs and connoisseur-like offerings (e.g. Pandora, LastFM, Spotify).
  2. You don’t choose what music you want to hear. You can do that with Spotify or Rhapsody, and to a lesser extent with Pandora and LastFM.
  3. Advertising. We used to have no choice about enduring it. Now we do.

But music dying on the radio doesn’t mean it lives on the Net. At least not in the form of radio stations as we’ve known them. That’s because of copyright laws.

Radio has huge legacy legal advantages over all-digital alternatives on the copyright front. I won’t go into the details, because they’re complicated beyond endurance, but suffice it to say there is a reason why there are no podcasts of popular music. (Briefly, it’s that the podcaster would have to “clear rights” with the copyright holder of every song.) All we get is “podsafe” music, and music from outfits like the ones mentioned above, which have worked their own broad licensing deals with copyright holders — and from radio stations that enjoy similar deals and happen to stream as well.

Note that radio stations pay more, per recording, to copyright holders for streaming than they do for broadcasting on the air. But they get a break on the streaming side if they’re already broadcasting music over the air, because they don’t have to clear rights with all the artists they play.

The key here is the term “performance.” The way the law (in the U.S. at least) is set up, every play of every recording on the radio or over the Net is considered a performance, and the assumption by the copyright absolutists (the RIAA, primarily) is that copyright holders need to be paid for those performances. And they’ve been putting the squeeze in recent years on music radio to pay as much for performance rights as streamers on the Internet have been forced to pay. (They put those shackles on the Internet radio baby, right in the cradle.) This will also have a chilling effect on music radio.

So an irony of considering recorded music a “performance,” for the purpose of extracting royalties from radio stations on the Net and over the air, is that music on both is either going away or turning toward new systems, such as Spotify, LastFM, Pandora and the rest. But no new radio stations, on either the airwaves or the Net. Not if they’re going to play music of the RIAA-protected kind, which is most of what we know.

If the record industry were not immune to clues, it would find ways to open up opportunities for new music radio stations on the Net. But I doubt they will, until FM music is on its deathbed, just like it’s been on AM since FM wounded it.

Bonus links: Michael Robertson’s latest improvement to radio, DAR.fm.

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@ChunkaMui just put up a great post in Forbes: Motorola + Sprint = Google’s AT&T, Verizon and Comcast Killer.

Easy to imagine. Now that Google has “gone hardware” and “gone vertical” with the Motorola deal, why not do the same in the mobile operator space? It makes sense.

According to Chunka, this new deal, and the apps on it,

…would destroy the fiction that internet, cellular and cable TV are separate, overlapping industries. In reality, they are now all just applications riding on top of the same platform. It is just that innovation has been slowed because two slices of those applications, phone and TV, are controlled by aging oligopolies.

AT&T and Verizon survive on the fiction that mobile text and voice are not just another form of data, and customers are charged separately (and exorbitantly) for them. They are also constraining mobile data bandwidth and usage, both to charge more and to manage the demand that their aging networks cannot handle.

Comcast, Time Warner Cable and other cable operators still profit from the fact that consumers have to purchase an entire programming package in order to get a few particular slices of content. This stems from the time when cable companies had a distribution oligopoly, and used that advantageous position to require expensive programming bundles. Computers, phones and tablets, of course, are now just alternative TV screens, and the Internet is an alternative distribution mechanism. It is just a matter of time before competitors unbundle content, and offer movies, sports, news and other forms of video entertainment to consumers.

The limiting factor to change has not been the technology but obsolete business models and the lack of competition.

Before Apple and Google came in, the mobile phone business was evolving at a geological pace. I remember sitting in a room, many years back, with Nokia honchos and a bunch of Internet entrepreneurs who had just vetted a bunch of out-there ideas. One of the top Nokia guys threw a wet blanket over the whole meeting when he explained that he knew exactly what new features would be rolled out on new phones going forward two and three years out, and that these had been worked out carefully between Nokia and its “partners” in the mobile operator business. It was like getting briefed on agreements between the Medici Bank and the Vatican in 1450.

Apple blasted through that old market like a volcano, building a big, vertical, open (just enough to invite half a billion apps) market silo that (together with app developers) completely re-defined what a smartphone — and any other handheld device — can do.

But Apple’s space was still a silo, and that was a problem Google wanted to solve as well. So Google went horizontal with Android, making it possible for any hardware maker to build anything on a whole new (mostly) open mobile operating system. As Cory Doctorow put it in this Guardian piece, Android could fail better, and in more ways, than Apple’s iOS.

But the result for Google was the same problem that Linux had with mobile before Android came along: the market plethorized. There were too many different Android hardware targets. While Android still attracted many developers, it also made them address many differences between phones by Samsung, Motorola, HTC and so on. As Henry Blodget put it here,

Android’s biggest weakness thus far has been its fragmentation: The combination of many different versions, plus many different customizations by different hardware providers, has rendered it a common platform in name only. To gain the full power of “ubiquity”–the strategy that Microsoft used to clobber Apple and everyone else in the PC era–Google needs to unify Android. And perhaps owning a hardware company is the only way to do that.

That’s in response to the question, “Is this an acknowledgment that, in smartphones, Apple’s integrated hardware-software solution is superior to the PC model of a common software platform crossing all hardware providers?” Even if it’s not (and I don’t think it is), Google is now in the integrated hardware-software mobile device business. And we can be sure that de-plethorizing Android is what Larry Page’s means when he talks about “supercharging” the Android ecosystem.

So let’s say the scenario that Chunka describes actually plays out — and then some. For example, what if Google buys,  builds or rents fat pipes out to Sprint cell sites, and either buys or builds its way into the content delivery network (CDN) business, competing with while also supplying Akamai, Limelight and Level3? Suddenly what used to be TV finishes moving “over the top” of cable and onto the Net. And that’s just one of many other huge possible effects.

What room will be left for WISPs, which may be the last fully independent players out there?

I don’t know the answers. I do know that just the thought of Google buying Sprint will fire up the lawyers and lobbyists for AT&T, Comcast and Verizon.

 

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