Post Intellectual Protectionism

Community is the new IP

Tuesday, October 10th, 2006

I’ve been wanting to blog that phrase since reading the Communities as the new IPR? thread on the Free Software Business list. That thread lost coherence and died quickly but I think the most important idea is hinted at by Susan Wu:

There are two elements of discussion here – a singular community, which is a unique entity; and the community constructs (procedure, policy, infrastructure, governance), which are more readily replicated.

Not said but obvious: a singular community is not easily copied.

Now Tim Lee writes about GooTube (emphasis added):

YouTube is an innovative company that secured several millions of dollars in venture capital and used it to create a billion-dollar company in less than a year. Yet as far as I know, strong IP rights have not been an important part of YouTube’s strategy. They don’t appear to have received any patents, and their software interface has been widely copied. Indeed, Google has been in the video-download business longer than YouTube, and their engineers could easily have replicated any YouTube functionality they felt was superior to Google’s own product.

Like all businesses, most of the value in technology startups lies in strong relationships among people, not from technology, as such. Technological change renders new technologies obsolete very quickly. But a brilliant team of engineers, visionary management, and a loyal base of users are assets that will pay dividends for years to come. That’s why Google was willing to pay a billion bucks for YouTube.

Loyal base of users does not do justice to the YouTube community. I was not aware of YouTube’s social features nor how critical they are until I read the NYT story on electric guitar performances of Pachelbel’s Canon being posted to YouTube (I commented on the story at the Creative Commons weblog). Some of these videos have been rated by tens of thousands of users and commented on by thousands. “Video responses” are a means for YouTube users to have a conversation solely through posting videos.

Google Video could have duplicated these social features trivially. I’m surprised but not stunned that Google thinks the YouTube community is worth in excess of $1.65 billion.

On a much smaller scale the acquisition of Wikitravel and World66 earlier this year is an example of the value of hard to duplicate communities. The entire contents of these sites could be legally duplicated for commercial use, yet Internet Brands paid (unfortunately an undisclosed amount) to acquire them, presumably because copies on new sites with zero community would be worthless.

There’s lots more to say about community as a business strategy for less obvious cases than websites, but I don’t have the ability, time, and links to say it right now. The FSB thread above hints at this in the context of software development communities.

And of course community participants may want to consider what allowances they require from a community owner, e.g., open licenses, data, and formats so that at a minimum a participant can retrieve and republish elsewhere her contributions if the owner does a bad job.

Day against DRM

Tuesday, October 3rd, 2006

Today is ‘s “day against DRM.” Defectivebydesign.org says:

There is no more important cause for electronic freedoms and privacy than the call for action to stop DRM from crippling our digital future. The time is now.

The first bit is hyperbole, but you could cover fighting DRM and several related causes by taking the opportunity to join the EFF or FSF.

I don’t have anything new to say about DRM, so see Digital Rent-a-Center Management from June.

Download DRM-free music.

When supply exceeds demand

Sunday, September 10th, 2006

Tim Lee has a wonderful take on Chris Anderson’s The Long Tail. The punchline, in my estimation:

When supply exceeds demand, as it seems to for both music and punditry, the equilibrium price is zero.

I think to be technically correct “at p=0” needs to be inserted before the first comma, but nevermind, read the whole thing.

LinuxWorld San Francisco

Monday, August 21st, 2006

Brief thoughts on last week’s Conference and Expo San Francisco.

Lawrence Lessig’s opening keynote pleased the crowd and me. A few points fof interest:

  • Free speech is a strong aspect of free culture and at least implicitly pushed for a liberal interpretation of fair use, saying that the ability to understand, reintepret and remake video and other multimedia is “the new literacy” and important to the flourishing of democracy.
  • The “read/write Internet”, if allowed to flourish, is a much bigger market than the “read only Internet.”
  • Support free standards and free software for media, including Ogg and .
  • In 1995 only crazies thought it possible to build a viable free software operating system (exaggeration from this writer’s perspective), now only crazies think wireless can solve the last mile competition problem. Go build free wireless networks and prove the telcos and pro-regulation lawyers (including the speaker) wrong.
  • One of the silly video mashups Lessig played was Jesus Will Survive, featuring an adult Jesus in diapers hit by a bus. A few people left the auditorium at this point.

I’ve at least visited the exhibition space of almost every LWCE SF (the first one, actually in San Jose, was the most fun — Linus was a rock star and revolution was in the air) seemed bigger and more diverse, with most vendors pushing business “solutions” as opposed to hardware.

By far the most interesting exhibition booth to me was Cleversafe, an open source dispersed storage project that announced a Linux filesystem interface at the conference and was written up in today’s New York Times and Slashdot. I’ve been waiting for something like this for a long time, particularly since Allmydata is not open source and does not support Linux.

Also, Creative Commons won a silly “Best Open Source Solution” show award.

Addendum 20080422: If you’re arriving from an unhinged RedState blog post, see Lessig’s response.

No ultimate outcomes

Tuesday, August 8th, 2006

Tim Lee responds to my AOLternative history. I agree with the gist of almost everything he says with a few quibbles, for example:

Likely, something akin to a robots.txt file would have been invented that would provide electronic evidence of permission to link, and it would have been bundled by default into Apache. Sure, some commercial web sites would have refused to allow linking, but that would have simply lowered their profile within the web community, the same way the NYT’s columnists have become less prominent post-paywall.

In a fairly bad scenario it doesn’t matter what Apache does, as the web is a backwater, or Apache never happens. And in a fairly bad scenario lower profile in the web community hardly matters — all the exciting stuff would be behind AOL and similar subscription network walls. But I agree that workarounds and an eventually thriving web would probably have occurred. Perhaps lawyers did not really notice search engines and linking until after the web had already reached critical mass. Clearly they’re trying to avoid making that mistake again.

Lee’s closing:

So I stand by the words “relentless” and “inevitable” to describe the triumph of open over closed systems. I’ll add the concession that the process sometimes takes a while (and obviously, this makes my claim non-falsifiable, since I can always say it hasn’t happened yet), but I think legal restrictions just slow down the growth of open platforms, they don’t change the ultimate outcome.

Slowing down progress is pretty important, in a bad way. Furthermore, I’d make a wild guess that the future is highly dependent on initial conditions, no outcomes are inevitable by a long shot, and there is no such thing as an ultimate outcome, only a new set of initial conditions.

That’s my peeve for the day.

Grandiose example: did Communism just delay the relentless march of Russian society toward freedom and wealth?

AOLternative history

Monday, August 7th, 2006

Tim Lee1 (emphasis added):

The relentless march of open standards online continues, as AOL effectively abandons its paid, premium offerings in favor of a free, advertising-supported model.

I’m happy to see open standards win and happy to acknowledge good news — I am, for the most part, an optimist, so good news feels validating.

Time Lee, closing his post (my emphasis again):

Fundamentally, centrally planned content and services couldn’t keep up with the dynamism of the decentralized Internet, where anyone could publish new content or launch a new service for very low cost.

But just how hard is it to imagine a world in which closed services like AOL remain competitive, or even dominant, leaving the open web to hobbyists and researchers?

One or two copyright-related alternative outcomes could have put open networks at a serious disadvantage.

First, it could have been decided that indexing the web (which requires making and storing copies of content) requires explicit permission. This may have stunted web search, which is critical for using the open web. Many sites would not have granted permission to index if explicit permission were required. Their lawyers would have advised them to not give away valuable intellectual property. A search engine may have had to negotiate deals with hundreds, then thousands (I doubt in this scenario there would ever be millions) of websites, constituting a huge barrier to entry. Google? Never happened. You’re stuck with .

Second, linking policies could have been held to legally constrain linking, or worse, linking could have been held to require explicit permission. ? Never mentioned in the context of the (stunted) web.

In the case of either or both of these alternative outcomes the advantage tilts toward closed systems that offer large collections “exclusive” content and services, which was exactly the strategy pursued by AOL and similar for years. Finding stuff amongst AOL’s exclusive library of millions of items may have been considered the best search experience available (in this reality Google and near peers index billions of web pages).

Some of the phenomena we observe on the web would have occurred anyway in stunted form, e.g., blogging and social networking — even now services like LiveJournal and MySpace feel like worlds unto themselves although they are not technically closed and services like FaceBook are closed. Journaling and networking on AOL would have been hot (but pale in comparison to the real blogosphere or even real closed systems, which face serious competition). It is hard to see how something like Wikipedia could have developed in AOLternative reality.

Fortunately aggressive copyright was not allowed to kill the web.2 As a result the march of open standards appears relentless. I’d prefer an even more relentless march, even if it means diminishing copyright (and patents).

1. I’m just using Tim Lee’s post as a jumping off point for an editorial I’ve been meaning to write, no criticism intended.

2. What is aggressive intellectual protectionism being allowed to kill or stunt? Online music is obvious.

Pig assembler

Friday, July 21st, 2006

The story of The Pig and the Box touches on many near and dear themes:

  • The children’s fable is about DRM and digital copying, without mentioning either.
  • The author is raising money through Fundable, pledging to release the work under a more liberal license if $2000 is raised.
  • The author was dissuaded from using the sampling licnese (a very narrow peeve of mine, please ignore).
  • I don’t know if the author intended, but anyone inclined to science fiction or nanotech will see a cartoon .
  • The last page of the story is Hansonian.

Read it.

This was dugg and Boing Boing’d though I’m slow and only noticed on Crosbie Fitch‘s low-volume blog. None of the many commentators noted the sf/nano/upload angle as far as I can tell.

Digital Rent-a-Center Management

Tuesday, June 20th, 2006

I make a brief appearance in a DRM protest video noted by Boing Boing today.

Kent Bye did a good job turning his footage into two minutes of watchable video. At least I don’t look or sound as stupid as I could or should have and his choice of backing music is good and appropriate.

One of the opposing comments on Bye’s blog:

As a consumer you have a choice of who to purchase from; and you must abide by the rules set by who you buy from. If you don’t like those rules don’t buy.

In my view the protest was about informing consumers of reasons they may want to exercise their choice to not purchase DRM content. I don’t think anyone was calling for making DRM illegal.

A brief quote about the inability to transfer rights to DRM content was also misunderstood by come commenters. The point I wanted to make is that consumers are getting a substantially different deal with DRM media than they have gotten in the past, indeed a substantially worse deal.

Only desperate or stupid consumers would lease a home theater from Rent-a-Center. DRM media should be seen in the same light.

Valleywag weighs in (flyweight!) with a sarcastic comment:

With all the hoopla in the tech world over trivia like censorship or the turning of political dissidents over to oppressive foreign governments, it’s good to know that this weekend, brave protesters picketed the San Francisco Apple store for that most basic of human rights — the right to play all kinds of music on the iPod.

Yes, plenty of room to talk with recent posts entitled ‘Google bachelor watch: Larry and Lucy “kissy-faced” in Maui’ and ‘Girl sues MySpace because boys are too hot’ … regardless, Valleywag critically misses the point that DRM and more generally copyright are free speech issues. I find the U.S. policy of encouraging intellectual protectionism abroad appalling. If you don’t think such will be used to further censorship in oppressive states (and supposedly non-oppressive ones) you are sorely lacking in the cynicism department. Go read the recent Bruce Perens essay Is DRM Just a Consumer Rights Issue?. I’ll also repeat two of my favorite sentences in the history of this blog under the subheading What Would Brezhnev Do?:

The Soviet Union took information control to extremes, including prohibiting use of photocopiers by scientists. I suspect that had the USSR survived to this day, the KGB would now be furiously trying to make Digital Restrictions Management work so as to gain access to a few of the wonders of computing without permitting open communication.

I could go on for awhile about why DRM is a bad thing, but in addition to the above I must briefly mention that DRM is deadly for long term data preservation, stifles innovation, is a security threat and doesn’t even prevent copying, the fantasy that it could with just the right legal backing leading to regulatory ratchet.

On the specifics of the Apple protest, see Seth Schoen’s writeup.

In closing, another zinger from Tim Lee:

I think the fundamental disagreement here is one about technology, not philosophy. Attaway believes that the flaws and restrictions imposed by DRM are temporary—kinks that will be worked out as more sophisticated technology is developed. If that were true, Attaway’s argument would have some merit. But the reality is just the opposite: as the media world becomes more complex, the flaws of DRM will only become more glaring. DRM is technological central planning. Centrally planned economies become less efficient as they grow more complex. For precisely the same reasons, centrally planned technologies perform worse as they become more complex.

Filesharing a waste of time

Sunday, June 4th, 2006

Well over a year ago Sameer Parekh called out an obvious flaw in my argument:

I find it funny when I read technologists arguing that downloads of movies aren’t a problem because they’re slow. When do technologists talk about how technology sucks and isn’t going to improve? When the improvement of that technology hurts their public relations effort!

I noticed Parekh’s blog again recently, which reminded me to respond. I find it interesting (but somewhat tangential) that in the interim centralized web-based video “sharing” ( and many similar sites) has taken off while decentralized P2P filesharing has languished.

Anyhow, I do not argue that P2P filesharing is a waste of time merely because it takes a really long time to download a movie. Even if downloads were instantaneous the experience would be trying. Making it easy and certain for an average user to find a complete copy and find and install the video codecs to be able to watch the copy is not something that improved bandwidth will fix automatically. They are social and software problems, which tend to not improve at the rate bandwidth and similar increase.

In the future when today’s huge downloads are (nearly) instantaneous, they’ll be nearly instantaneous via underground P2P or via centralized download services. The only people who will struggle with the former are the very poor, those who enjoy fighting with their computers, and those who seriously miscalculate the value of their time. Unless the latter are encumbered with DRM so frustrating that there is no convenience advantage to using a centralized service.

By that time I expect most entertainment to be some combination of supercheap, server-mediated and advertising.

Creative legacy insurance

Thursday, June 1st, 2006

Aaron Swartz has a provocative post on creating a legacy. I think it almost impossible to leave a real (by Swartz’s test — leaving the world in a significantly different state than if you had not acted) and good legacy.

Swartz cites simultaneous discovery as evidence that Darwin did not leave an impactful legacy. I think this vastly understates the value of multiple confirmations of a discovery and of arriving at a discovery sooner rather than later. Consider discoveries made or nearly made once, but not widely known nor used for many years. If more people had been working in the relevant fields perhaps the knowledge would not have languished and the world would, right now, be a different place, even if only shifted forward in time. (So perhaps I should not continue to say it is almost imposible to leave a good legacy.)

I do not have a compelling example right now, but countering Swartz’s argument is not even why I’m making this post…

Rather, having been spurred to think about legacy, another reason to add one’s creative output to the commons (e.g., by releasing it under a Creative Commons license) occurs to me: one’s creative legacy.

If you were to die tomorrow your heirs would own exclusive rights to your creative works, possibly forever. If not immediately (likely), then sooner or later your heirs will be unreachable or disagree over the disposition of your copyrights, annihilating your creative legacy. For without permission, your works may not be legally displayed, performed, reproduced, distributed, translated, repurposed, or otherwise used (excepting narrow and increasingly constrained fair use).

Due to unknown or recalcitrant owners your work will go to the grave with you like so much rotting celluloid … unless you choose to give the public permission in advance to use your work, now.