Post Politics

Exit tweet loyalty

Friday, September 21st, 2012

Someday I will read Exit, Voice, and Loyalty (1970) and comment on pertinence to things I write about here (cf my almost due for 8 year refutation notes on The Logic of Collective Action (1965)), but I have long found the concept intuitive.

The Declaration of Twitter Independence has been quickly ridiculed. In addition to its over the top language, one way to think about why is that it seems an almost certainly futile and maybe inappropriate (Twitter won’t listen, and perhaps shouldn’t; Twitter can do whatever they want with their services) attempt at voice, accompanied with a halfhearted at best exit plan (“explore alternate platforms, giving precedence to those who do support such [muddled] principles [until Twitter adopts a more developer friendly policy]”).

“Doing it right” per the crowd I’m most familiar with (including me) is almost all exit: start developing your apps for StatusNet/OStatus and other federated and open source social web software/protocols; any voice should demand support for federation, ie facilitate exit. Twitter apologists would say Twitter is doing the right thing for the Twitter ecosystem, the complainers should deal. Twitter loyal oppositionists would say Twitter is doing its greatness a disservice with its policies and should change. I’m not sure what people who care but are in neither the federated nor Twitter apologist/loyalist camps might think, but I’d like to know.

The Declaration doesn’t lend itself to a charitable reading, I think it is worth giving it one. Regarding its futile and perhaps inappropriate attempt at voice: it is OK for customers to complain; smart companies often even listen and adjust; Twitter is now a large organization, parts of it very smart; worth a try. Regarding exit, they don’t want to, and there isn’t anyplace completely obvious for them to go, much as I’d like that to be StatusNet/OStatus; “explore alternate platforms” and wanting no limits on how data can be used and shared, and data available in standard formats all support exit, with the right amount of tentativeness. Although that charitable reading is possible, the Declaration could’ve been written much more strongly regarding all of the points discussed above. Low probability that I’ll fork it to do so.

Collaborative Futures mentions exit, voice, and loyalty in the context of free collaboration projects. It appears from the history that I didn’t write that bit, though it covers a pet concept and uses a pet phrase (configurations). That chapter is way too short, but I’m pleased in retrospect with its nuance, or rather, with the charitable readings I’m able to give it.

When I eventually return to this topic, I will probably complain that software freedom and nearby advocates are overly focused on exit, with lots of untapped potential for the movements in voice and loyalty, possibly the same for political libertarians, and that it difficult to keep in mind more than two of exit, voice, and loyalty, and the frequency of their pairings.

In the meantime a post last year by Xavier Marquez on Exit, Voice, and Legitimacy: Responses to Domination in Political Thought seems pretty reasonable to me.

Innocence of _ sharing, remix, and annotation contest

Friday, September 21st, 2012

The term Streisand effect to denote “an attempt to hide or remove a piece of information has the unintended consequence of publicizing the information more widely” rubs me the wrong way (perhaps because I sense homage in critique, in this case perhaps to pop culture fame) but it seems an apt description of reactions to Innocence of Muslims.

I watched (see above) the trailer. If I didn’t know that lots of people were upset about it, I’d class it as camp. I have a hard time not viewing it as such. People claiming it is disgusting and with no artistic merit are expressing some kind of tiresome responsibility and solidarity. Artistically, the trailer seems so comically bad that’s it’s good.

Because it is so bad/good, and now famous, I’m guessing that Innocence will spark lots of “remix culture” (another dreadful term, oh well). Some obvious things to watch for:

  1. Sharing the trailer many places besides YouTube, the centrality of which warps discussions of free speech.
  2. Leaking of the whole (apparently 74 minute) film.
  3. The 74 minute film may not exist, but this doesn’t mean a 74 minute Innocence can’t be created. An early attempt to do so seems to simply loop the trailer and perhaps add in some news footage.
  4. It seems that the trailer is constantly making reference to historic events or religious text passages, but lacking detailed knowledge of the relevant history and books, they all go over my head. Annotations indicating the events and passages referred to, and further material supporting or refuting their interpretations in the film, would be very helpful.
  5. Given the generic campy-actors-hanging-out-in-a-desert scenes that dominate the trailer, and suggested by the use of overdubbing in the original, it shouldn’t be too hard to repurpose the material for films supporting (or opposing) every desert-origin religion (there are many; bonus for any of the vast majority without current adherents) or merely for depicting family feuds and other soap operatic themes set in a desert.
  6. The most currently valuable and pertinent remix would be a historical allegory, in which the marauder/murderer/rapist/torturer figures represent the current U.S.-led terror war.
  7. There are many bad, bad/good, and perhaps some good, desert-religion films which could be used to supplement material from Innocence for any of the above. The ethnicity of the actors is aligned with lots of USian portrayals, especially older ones.
  8. There’s once scene of a man bound to a pole that could be plausibly reinterpreted as the Christ (ignoring that implausibility) and added to The Mashin’ of.

Contest? Winners, should any appear, may receive a gratis link from this post.

Question Software Freedom Day‽

Saturday, September 15th, 2012

If software freedom is important, it must be attacked, lest it die from the unremitting bludgeoning of obscurity and triviality. While necessary, I don’t particularly mean trivial attacks on overblown cleverness, offensive advocates, terminological nitpicking, obscurantism, fragmentation, poor marketing, lack of success, lack of diversity, and more. Those are all welcome, but mostly (excepting the first, my own gratuitously obscure, nitpicking and probably offensive partial rant against subversive heroic one-wayism) need corrective action such as Software Freedom Day and particularly regarding the last, OpenHatch.

I mostly mean attacking the broad ethical, moral, political, and utilitarian assumptions, claims, and predictions of software freedom. This may mean starting with delineating such claims, which are very closely coupled, righteous expressions notwithstanding. So far, software freedom has been wholly ignored by ethicists, moral philosophers, political theorists and activists, economists and other social scientists. Software freedom people who happen to also be one of the aforementioned constitute a rounding error.

But you don’t have to be an academic, activist, software developer, or even a computer user to have some understanding of and begin to critique software freedom, any more than one needs to be an academic, activist, businessperson, or voter to have some understanding of and begin to critique the theory and practice of business, democracy, and other such institutional and other social arrangements.

Computation does and will ever moreso underlay and sometimes dominate our arrangements. Should freedom be a part of such arrangements? Does “software freedom” as roughly promoted by the rounding error above bear any relation to the freedom (and other desirables; perhaps start with equality and security) you want, or wish to express alignment with?

If you want to read, a place to start are the seminal Philosophy of the GNU Project essays, many ripe for beginning criticism (as are many classic texts; consider the handful of well known works of the handful of philosophers of popular repute; the failure of humanity to move on is deeply troubling).

If you want to listen and maybe watch, presentations this year from Cory Doctorow (about, mp3) and Karen Sandler (short, long).

Law of headlines ending in a question mark is self-refuting in multiple ways. The interrobang ending signifies an excited fallibility, if the headline can possibly be interpreted charitably given the insufferable preaching that follows, this sentence included.

Try some free software that is new to you today. You ought to have LibreOffice installed even if you rarely use it in order to import and export formats whatever else you may be using probably can’t. I finally got around to starting a MediaGoblin instance (not much to see yet).

If you’re into software freedom insiderism, listen to MediaGoblin lead developer Chris Webber on the most recent Free as in Freedom podcast. I did not roll my eyes, except at the tangential mention of my ranting on topics like the above in a previous episode.

Copyright mitigation, not balance

Monday, September 10th, 2012

EU Commission VP Neelie Kroes gave a speech on copyright reform that while surely among the best on the subject from a high level politician (Techdirt coverage) is fundamentally broken.

Kroes argues that a lot has changed in the last 14 years about how information is consumed, distributed, produced, and used in research and that copyright needs to adapt to these changes. If that argument eventually obtains significant mitigation of copyright, great, but it’s mostly wrong, and I suspect questions far too little and gives away way too much to all invested in the current regime. For example:

And now let’s remind ourselves what our objectives as policymakers should be for the creative sector.

We should help artists live from their art. Stimulate creativity and innovation. Improve consumer choice. Promote our cultural heritage. And help the sector drive economic growth.

We can’t look at copyright in isolation: you have to look at how it fits into the real world. So let’s ask ourselves: how well is the current system achieving those objectives, in the world we live in today?

What about freedom? Equality?

Regarding new technologies in the last 14 years, there have been some (and Kroes was not so bold as to even hint at Napster and successors, nor broad offenses against these and the web), but those are not at all what makes copyright mitigation interesting, except down in the weeds of how specific regulations interact with specific technologies and practices — the view of the universe from the vantage of administrators and agitators of the current regime — understandably, as this is where most day to day battles are fought.

Instead, mitigation of anti-commons information policy is interesting and desirable, and has been especially pertinent at various times (eg 1800s) throughout human history, because free speech is always desirable and under threat by the embarrassments of control, corruption, and rent seeking. These are not qualities to be “balanced”, but diseases to be mitigated as much and for as long as possible.

The objectives Kroes says policymakers should have are fine, if secondary. Copyright (and patents, and sadly more) simply should not be seen as relevant to any of them, except as a barrier to be mitigated, not balanced nor adapted.

Oakland residents insulted by council and attorney candidates

Tuesday, August 28th, 2012

I read the websites of candidates for Oakland City Council District 1 (North Oakland), City Council At-Large, and City Attorney. With only a few exceptions, each can be compressed with no loss of information to “I ♥ Oakland. Crime sucks.” That does capture the sentiments expressed on t-shirts worn by hipsters and voiced by people who attend neighborhood meetings. But why bother running for office without additional substance? I’m insulted by the vacuity of most of the candidates.

Among the sorry lot, there’s a clear winner for each office. Vote for Len Raphael (District 1), Rebecca Kaplan (At-Large), and Barbara Parker (Attorney). Below I rank and make fun of the candidates for each of the offices.

District 1 (North Oakland)

1st) Len Raphael has the most extensive issues pages of any candidate, and he’s left at least hundreds of comments on various news sites (e.g., East Bay Express). Raphael wants more and better city government and has a sadly novel (it shouldn’t be novel) plan to pay for it — pay new city employees less. Also, while it isn’t a big deal in the grand scheme of things, I’m happy to see Raphael write “Spending money on economic development consultants and staff and promotion is mostly a waste.”

2nd) Don Macleay, a Green, is the only other district 1 candidate that has taken the time to state his position on any issues of substance. It seems he’s not part of the establishment, and from the headlines I’ve scanned Green officeholders are doing a decent job of running the nearby city of Richmond.

3rd) Dan Kalb has an issues page and promises position papers. Yes, it’s a low bar.

Honorable mention to Craig Brandt, who writes about substantial issues on his site, but sadly his proposals are rather empty, e.g., on police: “I am proposing that we begin lobbying the State to pay for the training of police officers.” Even before taking office a program reliant on (and thus able to place blame on) higher levels of government is distinctly worrying. Besides, Oakland’s two previous mayors were relative political superpowers, and their lobbying for state and federal assistance led to long term improvements in governance, right? Sure.

The following candidates should be disqualified for having nothing to say.

Richard Raya:

Richard believes the city is two or three projects away from becoming a world-class center of commerce.

Richard’s campaign is about saving lives and helping our city become all that it can be. In order to get there, the city’s government has to become more responsive to local business—and more accountable to residents. Only working together can Oakland create more jobs, better schools, and less crime.

Richard’s personal experience and his years of leadership in local government have given him the tools to help Oakland achieve this historic transformation. Running for City Council is a chance to stand up for what he believes in—and to help usher in a new generation of leadership to the city…one that’s focused on bringing people together to solve Oakland’s problems.

Don Link:

Don has a vision for Oakland, a vision with quiet, safe neighborhoods, vibrant, exciting commercial districts and an education system that keeps our kids in school, prepares them for college or for good jobs when they graduate.

Oakland already has the location, the climate, the people, and the potential to be a phenomenal city. The NY Times recognized this; those of us who live and work here also know this to be true. There are challenges that hold our city back, as Council member for District 1, Don will make sure we can solve those challenges, bring real solutions to the table and move Oakland forward.

Amy Lemley:

North Oakland is a wonderful place to live.
There is so much to love, from our vibrant neighborhoods and fantastic neighbors to our unique local merchants and award-winning restaurants.

Yet I know there is so much that could be improved.
Like you, I want the basics: safe, clean streets, good schools, and a healthy economy that benefits all Oaklanders. All of these things are within our grasp. I know, working together, we can reach them.

As your Councilmember, I will focus on the core responsibilities of city government and tackle our challenges with creativity, persistence and pragmatism. I value collaboration and civility working with colleagues, and transparency and participation when working with the public.

At-large

1st) Rebecca Kaplan, the incumbent, has an OK issues page and I rank her first for the same reason I ranked her first for mayor: the other candidates are embarrassments.

2nd) Carol Lee Tolbert doesn’t really say anything of substance, for example: “Allowing Oakland to be the most dangerous city in California is unacceptable.” I rank her on the basis of her statement “I have served the citizens of Oakland on the Oakland School Board. I took the District out of State Receivership, left it with a $10 million surplus in 1997, and created quality neighborhood schools.” If this is an accurate description of her contribution as a school board member, it seems like highly relevant experience.

3rd) Mick Storm at least realizes that something is amiss, but he really ought to have an inkling beyond that before running:

As I look at the statements and positions of the incumbent council, I find little I disagree with. My only question is, why has so little been accomplished?

Theresa Anderson-Downs is another Green candidate, who doesn’t seem to have a website. I found an announcement of her candidacy which doesn’t say much.

Ignacio De La Fuente is incumbent in District 5, a seat he is not defending in order to run for At-large. He has a web site that doesn’t mention the current race. He’s a political dinosaur that should have been run out of town long ago for saddling Oakland with millions and decades of debt to lure the owners of the Raiders football team back to Oakland.

Attorney

Incumbent Barbara Parker has an OK issues page. Jane Brunner (incumbent District 1 city councilperson) would be at home with most of the candidates for her seat: she loves Oakland. I agree with Make Oakland Better Now’s endorsement of Parker. Seeing them debate recently reinforced my impression of each: Parker is a professional, Brunner a politician, with competence and capriciousness allocated between them as one would expect.

Zheng Armstrong

Tuesday, August 28th, 2012

The space race was much like the voyages of Zheng He — expensive displays of imperial supremacy without discernible long-term consequence.

Knowledge of Zheng He’s voyages were suppressed by emperors following his sponsor (the Yongle Emperor) while the moon landings are celebrated by contemporary media (moonwalker Neil Armstrong died recently; this post a synthesis of comments on two posts about Armstrong) but this has everything to do with the vast differences in host contexts and little to nothing with the rationale and impact of the respective explorations.

To all who overly credit the space race for the environmental movement or mid-late 20th century technical advances, you egregiously underestimate how and why people care about and for the environment and contribute to progress. To all inspired by totems, for shame. Totems are a barrier to calm thinking and acting for more good and against bad.

(None of this is to deny the astounding performances of Armstrong, Zheng, or other great explorers; their tenacity, intelligence, practicality, and such are qualities that nearly all humans could use more of. Zheng probably and certainly many great European explorers not long after were also mass murderers, and many astronauts and cosmonauts participated in the military of their respective murderous imperial regimes, but that’s another topic.)

Demand quality before quantity (re Oakland police)

Sunday, August 12th, 2012

Another SF Chronicle article about crime and police staffing in Oakland includes but does not discuss a chart of violent crimes/population and violent crimes/officer for 10 California cities.

Crimes/officer screams out to me as the statistic for which Oakland is most anomalous. This could support the assertion that I incessantly hear and read from neighbors and commenters that Oakland needs more police — each officer has a large number of crimes to deal with — often in the form of “Oakland has half the police, in ratio to population, that most major cities have.” (This seems to be true relative to some U.S. cities, but is an exaggeration relative to other California cities; I have no idea why California cities seem to all have lower police/population levels than elsewhere in the U.S.) But it could also support an assertion that Oakland’s police department is spectacularly inefficient.

Crimes/officer is a facile measure of police department efficiency in the sense that it could be improved by hiring more officers and having them do nothing. Much better would be a measure of crime reduction per officer, a much more difficult and speculative number. But given the large range of crime rate outcomes given a relatively narrow range of staffing/population among California cities, I suggest policing efficiency must be a major determinant of those outcomes.

I calculated the number of officers per 1000 population for the cities included in the Chronicle chart, and included per capita income to throw out another frequent assertion, that Oakland has lots of crime because it is poor. Below is a screen capture from my spreadsheet.

A part of me is deeply annoyed each time I hear someone complaining about lack of police staffing or supporting for-appearances measures (gang injunctions probably an example of such) or claiming that such must be expressed because something must be done because there’s a crisis. Crime has been at a high level in Oakland relative to other U.S. cities for a long time. Furthermore, many Oakland residents see the police as the enemy, and not without reason.

It seems to me that even if one has a singular goal of increasing staffing levels, it makes sense to first demand and scrutinize department effectiveness. Adding officers to an ineffective department seems like a for-appearances measure, and not a good strategy for building long-term support for increased staffing and increased resident cooperation with police (and vice versa). Admittedly this kind of fix-what-you-advocate-to-increase-its-long-term-success is a satisfying position for me, but perhaps not for many others.

Happily, it seems there is at least one organization, Make Oakland Better Now that is advocating for both more and more effective police (I’d only reverse the order). MOBN’s reporting on the OPD’s nearly decade-long non-compliance with a police misconduct settlement and how the LAPD improved drastically under a similar settlement seems like required reading for anyone who wants better policing in Oakland. This includes those expressing a desire for increased public safety, and those who hate the police — I’m extremely dubious that goading constitutes either side’s best strategy.

Free as in Software Freedom Law Shows

Wednesday, July 18th, 2012

In the latest Free as in Freedom podcast Karen Sandler and Bradley Kuhn play a recording of and discuss my FOSDEM law&policy presentation from back in February. The podcast covered all but one FOSDEM law&policy talk, see the archives.

I’m very happy with how this episode turned out. I managed to at least briefly include more points in a half hour than I recall having done, and Sandler and Kuhn manage to discuss far more of them than I would’ve hoped. Listen (ogg, mp3) and refer to slides (pdf, odp).

Further notes on two issues mentioned in the discussion follow.

Equality and Freedom

I’m glad that Sandler mentioned free software’s great equality story. But, I should say what I mean by that. I don’t primarily mean equal access, though that’s important. I mean contributing to reducing inequality of income, wealth, power. I’ve done precious little to articulate this, and I don’t know anyone else who has either, but there’s a reason it is the very first of my suggested considerations for future policy. Similarly, I think free software’s grand freedom story is not the proximate freedoms to run, study, modify, share software, but their role in protecting and promoting a free society. Again, much more needs to be said, provocatively (and that, critiqued, etc). Software freedom and nearby ought be claiming space in the commanding heights of political dialogue.

Hardware design licensing

I’m glad that Kuhn stated that he sees no reason for not using GPLv3 for hardware designs, and scoffs (privately, I suppose) at people making up new licenses for the same. As far as I know there are two papers that try to make the case for new hardware design licenses, and as far as I can tell they both fail. But, as far as I know no FLOSS establishment institution has proclaimed the correctness of using GPLv3 or a compatible license for hardware designs, nor explained why, nor reached out to open hardware folk when discussing new such licenses. How can this change? Perhaps such people should be alerted to copyleft-next. Perhaps I should be happy that hardware has been long ignored; one can imagine a universe with an equally twisted late 1990s vintage GNU FHL to accompany the GNU FDL.

Joke background

CC0, passports, and (a related one from Asheesh Laroia is told on the show) credit cards.

In 2009 Sandler and Kuhn interviewed me for the previous podcast, the Software Freedom Law Show. I did not blog about it then, but much of the discussion is probably still pertinent, if you wish to listen.

Future of Intellectual Protectionism and not much Innovation Policy

Wednesday, May 23rd, 2012

I read all of the pieces selected for a „Future of copyright” anthology resulting from a contest run by the Modern Poland Foundation (apparently the winner of a small cash prize will be announced tomorrow; I highly recommend all of the pieces below and commend the judges for their selections):

7 are fiction (the 3 exceptions are me, Spitzlinger, and Togi). 5 of these are dystopian (exceptions: Binns, Mansoux), 4 of which (exception: Å»yÅ‚a) involve some kind of fundamental loss of personal control as a result of intellectual protectionism (even more fundamental than drug war style enforcement involves, which Å»yÅ‚a’s does concern). 3 of these (exception: Eddie) involve extrapolations of DRM, 2 of which (exception: Melin) involve DRM implants.

I’d like to see versions of the dystopian stories written as IP propaganda, e.g., recast as RIAA/MPAA pieces from the future (several of the stories have funnily named future enforcement organizations in that vein). Such could be written as satire, apology, or even IP totalist advocacy (utopian rather than dystopian).

Of the dystopian stories, Solís is probably most dystopian, Eddie most humorous, and Betteridge overall best executed. Å»yÅ‚a needs a bit of development — the trend posited is incongruous and unexplained — but maybe due to an unknown factor to be suggested by fictional future freakonomics, or perhaps I just missed it. Melin ends with some hope, but annoys me for contemporary reasons — why would the recipient of a body part artificially grown with “open” methods be constrained in the disposition of that part by a “Creative Commons license” on those methods? Another reason to discourage use of CC licenses for hardware design.

The two non-dystopian stories take the form of a “letter from the future” in which various “open” movements and “models” win (Binns; if I had to bet on a winner of the contest, I’d put my money on this one) and an allegory for the history and projected future of copyright (Mansoux; probably the piece I enjoyed reading most).

Of the 3 non-fiction pieces, Togi is most non-standard — a rant in the form of lemmas — and fun, though briefly goes off the rails in asserting that “those entities which represent the greatest tax gain will be preferred by government.” If that were the case, all that is prohibited would instead be taxed. Statements about “revenue” leave little wiggle room, but I suppose a charitable interpretation would include in “tax gain” all rents to those influencing power, be they bootleggers, baptists, or those directly obtaining tax revenue. Spitzlinger accepts the stories my piece rejects and suggests something like the Creative Commons Attribution-NonCommercial-ShareAlike license be the default for new works, with the possibility of additional temporary restriction (a one-year usufruct, perhaps?).

All of the pieces evince unhappiness with the current direction of information governance. Of those that reveal anything about where they stand on the reform spectrum (admitting that one dimension makes for an impoverished description of reform possibilities; that’s one of the points I hoped to communicate in my piece) I’d place Binns, Melin, and Spitzlinger away from abolition, and me, Mansoux, and Togi toward abolition.

I expect the contest and anthology to be criticized for only representing reform viewpoints. Sadly, no maximalist pieces were submitted. The most moderate reform submission didn’t follow contest rules (not a new piece, no license offered). More than alternate perspective versions of IP dystopias, I’d like to see attempts to imagine future systems which increase private returns to innovation, perhaps looking nothing like today’s copyright, patent, etc., and increase overall social welfare — I’m dubious, but please try.

Update 20120524: The two most fun and non-standard entries wonMansoux, with an honorable mention to Togi. I now must also congratulate the judges on their good taste. Read those two, or the whole anthology (pdf).

International law should mandate much higher standards for military personnel

Wednesday, May 23rd, 2012

The U.S. army says it will reduce personnel from 570k at the peak of the Iraq occupation and 558k as of March to 490k in 2017 in part by lowering the number of personnel with “moral, medical and criminal” problems.

Way too small a reduction if the U.S. is to stanch its long-term decline resulting from maintaining an empire. But nevermind that. Using criminals as occupiers is an invitation to atrocity — as is using teenagers as occupiers. U.S. policy, indeed that of all nations, ought eliminate any possibility of military employment for criminals and those under 21 years of age. Any other policy ought be a violation of international law.

Too little, too late, perhaps, depending on how quickly human military personnel are replaced by robots.

Perhaps of more longstanding relevance (it could include drone actions) invasion/occupation ethics also ought be a matter of international law.

The market euphemistically known as the community of nations must do a much better job of self-regulating…or else!

Have a good upcoming weekend, including those in places where Memorial Day is observed.