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Two new posts over at the ProjectVRM blog: Testing the all-tip system, and Appreciating TipJoy. Oddly, I didn’t know until after I posted the first one that TipJoy was folding.
What Abby and Ivan Kirgin did with TipJoy was great pioneering work that we can all learn from. I know it will help what we’re doing with EmanciPay and other VRM projects.
Alan M. Dershowitz: “If it is immoral to kill an innocent fetus, how could it not be immoral to execute an innocent person?” That’s the bottom line of Dershowitz’ dissent from Antonin Scalia’s dissent in this matter here. I might dig into it if I had more time and interest, but I have neither at the moment. I will, however, respectfully request that the professor (and everybody writing about cases like this) put links in text so readers have handy citational paths back to source documents. Links are a native grace of writing on the Web, and a helpful courtesy as well. Please use them.
Allan Gregory (a 3rd year law student and my summer intern at the Berkman Center) 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.
Suspicious white man reported in minority neighborhood:
Rock legend Bob Dylan was treated like a complete unknown by police in a New Jersey shore community when a resident called to report someone wandering around the neighborhood.
Dylan was in Long Branch, about a two-hour drive south of New York City, on July 23 as part of a tour with Willie Nelson and John Mellencamp that was to play at a baseball stadium in nearby Lakewood.
A 24-year-old police officer apparently was unaware of who Dylan is and asked him for identification, Long Branch business administrator Howard Woolley said Friday.
“I don’t think she was familiar with his entire body of work,” Woolley said.
I know how he feels.
Tags: Bob Dylan, Long Branch, Robert Zimmerman
According to the latest Inciweb report, the LaBrea fire is now at close to 70,000 acres, and 10% contained. And according to the latest from Ray Ford in the Independent, the fire is “almost impossible” to contain.
Here’s the latest from MODIS, wrapped onto Google Earth, showing the fire’s advance in the direction of Santa Maria;
Note Tepusquet Peak, which stands out in the view east from Santa Maria. Here’s what the Independent said about the area in 2007:
The canyon of Tepusquet Peak is a very high risk area, Iskow said. Running down from the peak you can see very thick brush heavily covering the canyon, and it’s obvious a fire in that area could quickly lead to trouble. About 200 homes sit in the canyon or at the bottom. The area hasn’t had a fire in about 80 years, which means the brush is ripe fuel for fire.
Says Inciweb,
Structure protection crews worked in the Tepusquet and Pine Canyon areas, and along Foothill Road in Cuyama Valley. Firefighters continue to battle the blaze with all means at their disposal including the best tools, technology and equipment available. Fire behavior conditions are challenging due to a combination of extremely dense, old vegetation, bone dry fuels, and erratic winds. Tonight, firefighters will conduct burnout operations to strengthen the fireline from Rattlesnake Canyon southeast to Horse Canyon. They will hold and mop up fireline along Sierra Madre Road and the northern portion of the Treplett fuel break. They will continue fireline construction and burnout above Cuyama Valley. Structure protection will continue tonight in the Tepusquet and Pine Canyon areas, and along Foothill Road in Cuyama Valley. An evacuation order is in effect for all of Tepusquet Canyon, from Santa Maria Mesa Road to Highway 166, all of Colson and Ruiz Canyons…
If the fire reaches Tepusquet Peak itself, here are some of the facilities at risk:
During the Tea Fire in Santa Barbara, most of the stations on Gibraltar Peak were knocked off the air when their antennas were burned up. The Jesusita Fire burned the back side of the same peak, but I don’t think any stations went off that time.
Here’s KCOY on the fire in Tepesquet Canyon.
The station also has live streaming video from Tepesquet Peak. Windows Media only, however.
Tags: KCOY, labrea, LaBrea Fire, Tepesquet
I love this:
… and I hope the good (or evil, depending on your perspective) folks at Despair.com don’t mind my promoting their best t-shirt yet. (If it helps, I just ordered one.)
You’ll notice that blogging isn’t in the diagram (though Despair does feature it in four other purchasable forms). I bring that up because I think there is a difference between the social media in the Venn diagram and blogging, and that difference is akin to that between weather and geology. The former have an evanescent quality. I’m still haunted by hearing that users get a maximum number Twitter postings (tweets) before the old ones scroll off. If true, it means Twitter is a whiteboard, made to be erased after awhile. The fact that few know what the deal is, exactly, also makes my point. Not many people expect anybody, including themselves, to revisit old tweets. The four names in the diagram above are also private corporate walled gardens. Blogging itself is not. True, you can blog in a corporate walled garden, but blogging is an independent category. You can move your blog from one platform to another, archives intact. Not easy, but it can be done. More importantly, your blog is yours. That’s why I dig Dave’s Scoble, your blog still loves you post. And why in the comments I said,
FriendFeeds and Facebooks and Microsofts will come and and go. They can be bought and sold, because they’re not human. Robert is human. Companies can’t be charming and lovable. They can, sometimes, for awhile. Ben & Jerrys did. Zappos did. But they got sold. You know, like slaves.
The only publication on Earth that’s all Robert’s is his blog. That’s where his soul is, because he can’t sell it.
It was while pondering the difference between social media and blogging that I posted this tweet today:
Thanks, @dnm54 But I still feel like my posts lately have the impact of snow on water. Too wordy? Not tweety enough? Not sure.
That got some reassuring responses, several playing with the snow-and-water metaphor. That’s one I’ve used often ever since first hearing “Big Ted”, by the Incredble String Band (from their Changing Horses album), played by the great Larry Josephson on his morning show on WBAI, back in the earliest 70s. “Big Ted” was a dead horse, about which the band sang, “He’s gone like snow on the water. Good bye-eeee.”
For a long time I harbored a fantasy about writing a history of radio, titled “Snow on the Water,” because that was its self-erasing quality. It was like unrecorded conversation that way. You get meaning from it, but you don’t remember everything verbatim, for such is the nature of short-term memory. Eight seconds later you might remember what somebody said, but not exactly. Tomorrow you might remember nothing more than having talked to the person.
Now I’m thinking “snow on the water” applies to social media as well. They’re conversational in the literal sense. They’re weather within which tweets fly and fall like flakes, and disappear into the collective unconscious.
On the other hand, blogging is geology. A blog’s posts may be current and timely, and constitute one person’s contribution to conversation around a subject or two, but each post is built to last. It has a “permalink”. Over time posts accumulate like soil deposits. You can dig down through layers of time and find them. What do tweets have? Temp-o-links?
From the beginning I’ve thought of blogging as journalism in the literal sense: Blogs are journals. Yet much of traditional journalism seems to have, on the whole, not much respect for its archives on the Web. Editorial “content” scrolls behind paywalls, doesn’t keep durable URLs, or disappears completely.
Which brings me to this comment by Tom Matrullo, left under this post about advertising. It’s way too deep to leave buried there:
There is no question that advertising requires us to be in the here and now, and not in the there and then, because it seeks to influence our desires and actions. Active repression of time, history, the past is basic to most commerce and commercial speech.
But I’d go further, because this is a large and important topic. Broadcast itself as a medium tends to put the past at a distance, even when it is about the past, because it makes it into spectacle. Something we watch from our NOW, the big now of advertising and current media.
And yet further: no media are more dis-attuned to the past than news media. It is all about the next story. That one last week that was entirely wrong? Ancient history. To be current, in news-speak, is to develop a sort of targeted Alzheimer’s in a certain direction.
Maybe this is one reason why the news media — on the whole, seems to me — have embraced social media of the temporary sort while continuing to put down blogging. Yes, they’ll set up blogs for their writers, but there’s often a second-class quality to those blogs, and the blogs willl get erased after the writer leaves — or even while the writer is still there. Dan Gillmor’s blog at the San Jose Mercury-News disappeared a number of times. Now it’s gone permanently. Dan’s columns are there, if you’re willing to pay $2.95 apiece for them.
It still blows my mind that, on the Web, newspapers give away the news but charge for the olds. Why not charge for the news and give away the olds? That would be in alignment with what they do with the physical paper. People will pay a buck for today’s paper, and nothing for one three days old. In the physical world, old papers are for wrapping fish and house-breaking puppies. If papers gave every old story a true permalink, search engines would find them, could sell advertising on them, and progressively elevate the whole paper’s authority.
I think they don’t do it for two reasons. One is that they’ve always charged for access to “the morgue.” Another is that embalming old papers has always been expensive. For many decades they bound them up like books for storage in libraries. I still have three of these, each for a whole week of New York Times papers from the ’50s and ’60s. The library at the University of North Carolina in Chapel Hill sent them out for recycling in 1975. The whole huge pile was rescued by buddies of mine who ran the recycling operation. The newspaper and the library at the time were modernizing by putting everything on microfilm. At the “Will Newspapers Survive” forum at MIT a couple years ago, I asked the panel (which included Dan Gillmor) about why papers charge for the olds and give away the news. Ellen Foley of the Wisconsin State Joural replied,
Speaking for the nation’s regional papers, one of our biggest problems is that today’s issues are all on microfilm tomorrow, not online. It would cost more than a million dollars to digitize our archives. It’s hard for me to make this argument to our publisher, who is trying to make money and make ends meet.
It’s not in the transcript, but I recall her adding something about how storing archives on disk drives was also expensive. That didn’t sit well with the audience, which knew better.
Anyway, my point is that, on the whole news organizations don’t care much about the past. They care about the present. I think social media tend to do the same thing. I’m not saying this is a bad thing. Nor am I trying to elevate blogging into the Pulitzer sphere. (But hey, why not?) I’m just trying to get my head around What’s Going On.
Here’s my thinking for now. What I write on blogs isn’t just for the short term. I also have the long term in mind. I’m making geology, not weather. Both have their places. The more durable stuff goes here.
[Later…] Joe Andrieu has a thoughtful response.
Tags: advertising, Alzheimer's, Blogging, Dan Gillmor, Ellen Foley, Geology, Improprieties, Larry Josephson, radio, Tom Matrullo, WBAI, weather, Wisconsin State Journal
The country behind Santa Barbara is burning again. This one is the LaBrea fire, east of Santa Maria. It has grown past 36,000 acres and is 10% contained. This is far north of the fire in Santa Barbara earlier this year. Still, it’s a big one.
Here’s a mashup of MODIS data with Google Earth:
The view is toward the east. The LaBrea Fire is on the left, on the north side, and the little dots along the coast on the right are visualizations of MODIS data from the height of the Jesusita Fire earlier this year. In the foreground along the coast is Vandenberg Air Force Base, plus lots of sand dunes, advancing southeastward.
Tags: "Santa Barbara", google earth, jesusita, Jesusita Fire, Jesusitafire, labrea, LaBrea Fire, labreafire, Los Padres National Forest, MODIS, santabarbara
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 Mesozoic and the Cenozoic 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 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.
Tags: Alvin Toffler, Berkman, Berkman Center, birds, broadband, cablecom, carriers, Chixkulub, congress, crater, dinosaurs, fcc, Geology, internet, iridium, K-T boundary, Net, research, telecom, theropods, Toffler, WISP, WISPs
Sez the Wall Street Journal headline, No More Perks: Coffee Shops Pull the Plug on Laptop Users — They Sit for Hours and Don’t Spend Much; Getting the Bum’s Rush in the Big Apple.
Erica Alini, writes, “…in a growing number of small coffee shops, firm restrictions on laptop use have been imposed and electric outlets have been locked. The laptop backlash may predate the recession, but the recession clearly has accelerated it.” She tells stories about shops kicking customers out, among other things.
But is there really a “laptop backlash?” I’m reminded of Billy Crystal’s stories about his grandfather. Billy never knew what his grandfather sold. All he heard the old man say was, “Ve’re closed!” Telling customers to go away is an old New Yawk tradition. Is it so different at coffee shops?
I dunno. I travel a lot, use laptops in coffee shops a lot, and have never been told to leave, or even felt a hint that I’m abusing a shop’s hospitality.
Hey, if this is true, there might be a market in New York for coffee shops with plenty of wi-fi and outlets, along with space for more customers to park their tushes and get work done. Woudn’t ya think?
In Curation, meta-curation, and live Net radio, Jon Udell begins, “I’ve long been dissatisfied with how we discover and tune into Net radio”, but doesn’t complain about it. He hacks some solutions. First he swaps time for place:
I’ve just created a new mode for the elmcity calendar aggregator. Now instead of creating a geographical hub, which combines events from Eventful and Upcoming and events from a list of iCalendar feeds — all for one location — you can create a topical hub whose events are governed only by time, not by location.
Then he works on curation:
I spun up a new topical hub in the elmcity aggregator and started experimenting.
That ran into problems from sources. Still it was…
…great for personal use. But I’m looking for the Webjay of Net radio. And I think maybe elmcity topical hubs can help enable that.
So Jon leverages what Tony Karrer described in Second Calendar Curator Joins to Help with List of Free Webinars, and adds,
What Tony showed me is that you can also (optionally) think in terms of meta-curators, curators, feeds, and events. In this example, Tony is himself a curator, but he is also a meta-curator — that is, a collector of curators.
I’d love to see this model evolve in the realm of Net radio. If you want to join the experiment, just use any calendar program to keep track of some of your favorite recurring shows. (Again, it’s very helpful to use one that supports per-event timezones.) Then publish the shows as an iCalendar feed, and send me the URL. As the meta-curator of delicious.com/InternetRadio, as well as the curator of jonu.calendar.live.com/calendar/InternetRadio/index.html, I’ll have two options. If I like most or all of the shows you like, I can add your feed to the hub. If I only like some of the shows you like, I can cherrypick them for my feed. Either way, the aggregated results will be available as XML, as JSON, and as an iCalendar feed that can flow into calendar clients or aggregators.
Naturally there can also be other meta-curators. To become one, designate a Delicious account for the purpose, spin up your own topical hub, and tell me about it.
I really like Jon’s idea. Sometime this weekend I’ll set up what he’s talking abouthere. Or try. I’ve always found Delicious a little too labor-intensive, but then blogging in WordPress’ writing window (as I’m doing now) is a PITA too. (One of these days I’ll get my outliner working again. That’s so much easier for me.)
The new radio dial is a combination of tools and each other’s heads. Given how the Net has eliminated distance as a factor in”reception” (a rapidly antiquifying term), the new frontier is time — how we find it. Or, in radio parlance, how we tune across it to find what we want, and then listen live or off stored files, either in our own devices (podcasting) or in the cloud (on-demand).
As we develop whatever this becomes, we need to avoid the usual traps. For example, there is this tendency for developers — commercial ones, anyway — to believe that the only available paths are —
So they do the latter. That’s why we get stuff like the iTunes store, which works with only one brand of mobile devices (Apple’s), and which nearly every other phone maker now, derivatively, wants to copy. (iTunes’ radio tuner, which is nothing more than a directory, works with nothing but itself, near as I can tell. As with most of the iTunes environment, it veers far from Apple’s reputation for ease of use — in addition to being exclusive and non-interoperable.)
What Jon’s doing here is one more among many necessary steps by which control of the marketplace shifts from user-trappers to users themselves.
Speaking of which, there is plenty of user input to the new, improved, and still-improving UI on the Public Radio Player, which now finds programs as well as stations. So, for example, I’m going to be on The Conversation with Ross Reynolds today on KUOW in Seattle, taking about the new 10th Anniversary edition of The Cluetrain Manifesto. The show starts at noon (though my segment comes in a bit later). When I looked up “conversation” on the Player, I found Rick’s show in the list results, and went right there. This goes a long way beyond tuning the way it used to be. But it still has a long way to go.
We’ll get us there.
Tags: Calendar, Cluetrain, Delicious, iCal, iCalendar, iTunes, Jon Udell, KUOW, Public Radio Player, radio, Ross Reynolds, The Cluetrain Manifesto, The Conversation, Tony Karrer, topical hub, tuning, Webjay
