Broadcasting

You are currently browsing the archive for the Broadcasting category.

esb1Aereo‘s main appeal in the first place was helping viewers get over-the-air TV. If they had restricted their business and legal cases to that, instead of this…

Record & Stream Live TV Online with Aereo Cloud DVR

Coming soon to 19 more cities!

… they might still be in business. But nothing in that pitch — the last one they made, in the final version of their website while they were operating — said they were much different than a cable company. So, not surprisingly, the Supreme Court smacked them down for being a cable wolf in cloud wool. Here’s how the Court explained the decision:

The Copyright Act of 1976 gives a copyright owner the “exclusive righ[t]” to “perform the copyrighted work publicly.” 17 U.S.C. §106(4). The Act’s Transmit Clause defines that exclusive right to include the right to “transmit or otherwise communicate a performance . . . of the [copyrighted] work . . . to the public, by means of any device or process, whether the members of the public capable of receiving the performance . . . receive it in the same place or in separate places and at the same time or at different times.” §101.

I submit that Aereo failed because they didn’t stick with what they were for in the first place. Instead they decided to ride the “cloud” buzz, which confused the offering first and the Court second.

To understand how they might have won, you need some background.

Before the ’76 law, cable was called CATV, for Community Antenna TeleVision. CATV answered the market’s need for clear signals where reception of over-the-air signals was poor or absent. But once “cable networks” (TBS, HBO, ESPN, etc.) showed up, and it was obvious that the handful of legacy broadcast networks (ABC, CBS, NBC, PBS, Univision) would be outnumbered by new cable networks, those networks (and their programming sources) wanted to be paid by these new distributors, who were charging customers for retailing their goods (legally, “performances”). The ’76 law gave them leverage to force those payments.

Over-the-air (OTA) TV was still available for anybody to receive for free using an antenna, of course. But this was a legacy grace — an exception to the rule of closed distribution through cable and satellite. But the distinction was clear. Cable and satellite were Pay TV, and OTA was Free TV. The selection of free signals was (and remains) relatively small, but not much smaller than “basic” cable.

As the number of channels available on Pay TV climbed, the percentage of people watching free TV went down. From a Consumer Electronics Association report in July 2013:

Arlington, VA – 07/30/2013 – New research released today from the Consumer Electronics Association (CEA) ® found that just seven percent of American TV households rely solely on an antenna for their television programming. The findings of the new study, U.S. Household Television Usage Update, are consistent with CEA’s 2010 research which found eight percent of TV households reported using an antenna only for television programming. According to historical CEA research, there has been a gradual decline in the percentage of TV households using antennas since 2005. The  phone survey of 1,009 U.S. adults is comparable to a 2012 Nielsen study indicating nine percent of all U.S. TV households are broadcast TV/over-the-air only, a decrease from 16 percent in 2003.

One reason for this is simply that there are more channels on cable than over the air. The other reason — the one that matters to Aereo — is that free TV reception nearly went away, thanks to the FCC’s mandated transition of OTA TV from analog to digital (DTV) transmission, which finished in June 2009.

For TV viewers, the DTV transition required new equipment to receive signals that were much harder to get. If you lived in any place shadowed from direct line-of-sight to signal sources, you were out of luck.

In the analog era, you could get signals with rabbit ears and a loop or a bowtie antenna on your TV, if you lived in an urban or suburban area. The pictures might have “snow” or “ghosts,” but you could see them. If you lived in an outlying suburb or a rural area, you would need a rooftop antenna. But DTV was much harder to get, and lots of people gave up and went to cable or just bailed from the whole thing.

It’s essential to note that the FCC’s claim that reception after the DTV transition would be “equivalent” was simply wrong. Here are the FCC’s maps of “equivalent” coverage after the transition. Text on that page says, “Signal strength calculations are based on the traditional TV reception model assuming an outdoor antenna 30 feet above ground level. Indoor reception may vary significantly.”

This is hokum. You’re not getting the signal without a good antenna, ideally placed, and even then your odds were short, because conditions need to be ideal.

The simple fact is that the DTV transition left millions of free TV viewers in the lurch — and that lurch was Aereo’s market. So here’s my point: There would have been no Aereo without the DTV transition.

Go to that last link and type in this zip code: 10040. It’s in the north end of Manhattan, where I am temporarily domiciled. You’ll get back a chart showing eleven strong signals, four moderate ones, and four weak ones. Our apartment is in that zip code, and we get nothing. Zip. Even with a directional outdoor antenna. Believe me, I’ve tried. There are a hundred blocks of buildings and terrain between us and the Empire State Building. If we want local over the air (OTA) TV, our only choice is — or was — Aereo.

By serving urban areas that got shafted by the DTV transition, Aereo is a perfect example of the marketplace at work: supply fulfilling demand. That should have been their case.

If Aereo had simply met the market’s demand for lost over-the-air signals, and supplied a DVR app for customers (rather than putting the DVR in The Cloud), they might have had a winnable case. But they didn’t argue that. Instead they stood behind the cloud and argued, in effect, for what they appeared to be: a way of circumventing copyright obligations by using over-the-air reception of signals as a loophole. Even Justice Scalia, in his dissent, said he wasn’t an Aereo fan: “I share the Court’s evident feeling that what Aereo is doing (or enabling to be done) to the Networks’ copyrighted programming ought not to be allowed.”

In his statement in response to the decision, Aereo CEO Kanojia said,

Consumer access to free-to-air broadcast television is an essential part of our country’s fabric. Using an antenna to access free-to-air broadcast television is still meaningful for more than 60 million Americans across the United States.  And when new technology enables consumers to use a smarter, easier to use antenna, consumers and the marketplace win. Free-to-air broadcast television should not be available only to those who can afford to pay for the cable or satellite bundle.

He’s kidding himself. OTA reception may be “meaningful” for 60 million Americans, but most of those people don’t care any more. And neither do today’s TV content production and distribution systems, which include far more than Hollywood and the broadcast/cable/satellite TV industries. They include you and me.

Still, some number of millions of people do care, and can’t get the free OTA signals they used to get in the analog age. That was Aereo’s market, and now that market is back in the lurch, probably permanently.

I believe the Court’s decision did two things:

  1. Positioned over-the-air transmission as little other than a checkbox requirement for stations to maintain “must carry” status with cable systems. Since these signals are expensive to maintain, it’s a matter of time before they go down with the setting sun. This will require regulatory easing (for example, by maintaining “must carry” in the absence of an actual signal, which is already partially the case anyway, since the signals have been lost to a great many people). Watch for that to happen in the next few years.
  2. Finished positioning cable as simply a paid distribution system for licensed content. The legal and historical connections to Community Antenna TV are now completely severed. To TV’s sources and distributors, Pay TV is the Only TV.

If you go to Aereo’s website now, you see a letter from Chet Kanojia. Here’s the money graf:

The spectrum that the broadcasters use to transmit over the air programming belongs to the American public and we believe you should have a right to access that live programming whether your antenna sits on the roof of your home, on top of your television or in the cloud.

The legal case I outlined above would also have been stronger if Aereo had stuck with its original business case: charging viewers for access to their own antenna — not in “the cloud,” but in the physical world, looking directly at the signal source.

If Aereo had then provided apps on the receiving side (for tuning and recording), they would have been in a much better position, at least conceptually.

The Supreme Court understands demand and supply. If Aereo had said, “We’re only serving over-the-air TV viewers who lost their signals in the DTV transition,” the decision would have been framed as one between standing law and market demand. The Court might still have decided in favor of the law, but it would have been clear to them that market demand was in play. But Aereo clouded their case, literally. So the Supremes fell back on what they understood, which was the ’76 law.

Did “the cloud” take collateral damage? Could be. We’ll see.

Bonus link, with prophesy: TV 3.0.

black holeMost of what we call news is filler. The practice of filling space and time — stuffing “content” into a “news hole” — is a relic of an era when printing and broadcast space and time were limited, privately held, and paid for mostly by advertising, which requires ears and eyeballs showing up predictably and in fixed places.

The Internet obsoleted all of it, including the frame of news as filler.

There is no hole.

The river is a good metaphor for what news is, and should be. Sometimes it’s a trickle, sometimes a flood. But it always flows.

With news rivers, destinations are personal. So are many sources. Individual people are the first and best discoverers and producers of it. And also its only consumers.

They can also be customers. But no news publisher has come up with an optimal way to charge for news that works across all of them. The best they’ve come up with is their own private silos, each with paywalls and counters on them. And those all suck.

There is no centralized service that has done news right yet, and I don’t expect there to be. News is naturally distributed in both supply and demand. Some routes between the two are better than others. But they are all limited by the hole-filling frame in which they still operate.

Of all the publishing concepts we have, including publishing itself (around since Gutenberg), the one with the best leverage for the Internet is syndication. This is why RSS works so well.

Let’s build from there.

(Note: The first draft of this post appears as a comment under Dave Winer‘s Middle-of-the-night’s thoughts on news, with which I agree. Dave invented syndication and rivers as we know both today. His fingerprints are also on blogging, outlining and much else.)

More: Dave’s hackathon idea.

Bonus link, from Jay Rosen. Another from Jeff Jarvis.

Back in the mid-’00s, a group of us in Santa Barbara got some balls rolling toward fiber-ing up the City and/or the County (by the same name), since it was clear that Cox Communications, our monopoly high-speed Internet provider, cared less about our city than the rest of the ones it served. And, when we met with Cox, that’s pretty much what they told us as well: that Santa Barbara was relatively small and far away from the company’s Atlanta headquarters. Our main upside, they said, was that whatever we ended up getting would be already proven elsewhere.

Since then I’ve had a few problems with Cox, but in the last year service has actually been pretty good, as cable Internet goes. I’ve measured as high as 80Mbps down and 18Mbps up. We had a gathering of techies at our house in January, all doing heavy data lifting with their laptops and smart mobiles, without a hitch. And, when I’m elsewhere, I get to watch our Dish Network TV rig over a Slingbox and DishAnywhere, in HD. That means Cox is giving me adequate upstream as well as downstream data traffic capacity. Not bad. (Here is the current set of data plans for Santa Barbara. Not sure which one we have. Note that all have data caps. Far as I know we’ve never hit any.)

But, as they say in bad late night ads, that’s not all. Now comes news that Cox is planning gigabit fiber to homes as well as businesses. In other words, to do for its footprint what Google is doing for Kansas City, Provo and Austin.

So here is an appeal to Cox, on behalf of Santa Barbara: front-burner us this time.

Thanks.

Inmoz her blog post explaining the Brendan Eich resignation, Mitchell Baker, Chair of the Mozilla Foundation, writes, “We know why people are hurt and angry, and they are right: it’s because we haven’t stayed true to ourselves.” In Mozilla is HumanMark Surman, Executive Director of the Foundation, adds, “What we also need to do is start a process of rebirth and renewal. We need to find our soul and our spirit.”

That spirit is embodied in the Mozilla Manifesto. But it goes deeper than that: all the way back to Mosaic, the ur-browser from which Firefox is descended by way of Netscape Navigator.

Neither Mosaic nor Navigator were instruments of the advertising business. They were boards we rode to surf from site to site across oceans of data, and cars we drove down the information superhighway.

But now all major browsers, Firefox included, have become shopping carts that get re-skinned at every commercial site they visit, and infected at many of those sites by cookies and other tracking files that report our activities back to advertising mills, all the better to “personalize” our “experience” of advertising and other “content.”

Economically speaking, Firefox is an instrument of advertising, and not just a vehicle for users. Because, at least indirectly, advertising is Firefox’s business model. Chrome’s too. (Apple and Microsoft have much smaller stakes in advertising, and offer browsers mostly for other reasons.)

This has caused huge conflicts for Mozilla. On the one hand they come from the users’ side. On the other, they need to stay in business — and the only one around appears to be advertising. And the market there is beyond huge.

But so is abuse of users by the advertising industry. This is made plain by the popularity of Adblock Plus (Firefox and Chrome’s #1 add-on by a huge margin) and other instruments of prophylaxis against both advertising and tracking (e.g. Abine, Disconnect, Ghostery and Privowny, to name a few).

To align with this clear expression of market demand, Mozilla made moves in February 2013 to block third party cookies (which Apple’s Safari, which doesn’t depend on advertising, does by default). The IAB (Interactive Advertising Bureau) split a gut, and began playing hardball. Some links:

That last item — an extensive bill of particulars — featured this sidebar:

The link goes to An Open Letter to the Mozilla Corporation.

So Mozilla looked for common ground, and they found it on the advertising side, with personalization. Near as I can tell, this  began in May 2013 (I’m told since I wrote this that work began earlier), with Jay Sullivan‘s Personalization With Respect post. In July, Justin Scott, then a Product Manager at Mozilla Labs, vetted A User Personalization Proposal for Firefox. The post was full of language straight out of the ad industry songbook: “favorite brands,” “personalized experience,” “increased engagement,” “stronger loyalty.” Blowback in the comments was fierce:

JS:

I don’t care what publishers want, or that they really like this new scheme to increase their marketing revenue. Don’t add more tracking.

I’m beginning to realize that Mozilla is working to make Firefox as attractive to publishers as possible, while forgetting that those eyeballs looking at their ads could be attached to people who don’t want to be targeted. Stop it. Remember your roots as a “we’ll take Mozilla’s code, and make a great thing with it”, and not as “Google pays us to be on the default toolbar”.

Dragonic Overlord:

Absolutely terrible idea.

The last thing the internet needs is more “personalization” (read: “invasion of my privacy”). All your marketing jargon does nothing to hide the fact that this is just another tool to allow advertisers, website owners, the NSA, and others to track users online habits and, despite any good intentions you might have, it’s rife with the potential for abuse.

Tracy Licklider:

Bad idea. I do not want it. I think you misstate the benefits of the Internet. One of the most salient benefits of the Internet is for web sites, advertisers, and ISPs who are able to build dossiers about individuals’ private lives/data, generally without most users being aware of the possibility and generally without the users’ consent.

One of the main reasons Firefox has succeeded is that it, unlike all the other browsers, was dedicated to users unfettered, secure, and as private as possible use of the Internet.

User:

If this “feature” becomes part of FireFox you’ll loose many users, if we wanted Chrome like browser we wouldn’t have chosen FireFox. We chose FireFox because it was DIFFERENT FROM Chrome but lately all I see is changes that make it similar and now you want to put spyware inside? Thanks but no thanks.

A follow-up post in July, by Harvey Anderson, Senior VP Business and Legal Affairs at Mozilla, was titled Up With People, and laid on even more of the same jive, this time without comments. In December Justin posted User Personalization Update, again with no comments.

Then in February, Darren Herman, Mozilla’s VP Content Services, posted Publisher Transformation With Users at the Center, introducing two new programs.  One was User Personalization. (Darren’s link goes Justin’s July piece.) The other was something called “directory tiles” that will appear on Firefox’s start page. He wasn’t explicit about selling ads in the tiles, but the implication was clear, both from blowback in the comments and from coverage in other media.

Said Reuters, “Mozilla, the company behind the Firefox Internet browser, will start selling ads as it tries to grab a larger slice of the fast-expanding online advertising market.”

Romain Dillet in TechCrunch wrote, “For the last couple of years, Mozilla and the advertising industry have been at odds. The foundation created the do-not-track feature to prevent targeted advertising. When users opt in, the browser won’t accept third party cookies anymore, making it much harder to display targeted ads around the web. Last year, Mozilla even chose to automatically block third-party cookies from websites that you hadn’t visited. Now, Mozilla wants to play ball with advertisers.”

The faithful didn’t like it. In Daring Fireball, John Gruber wrote, “What a pile of obtuse horseshit. If you want to sell ads, sell ads. Own it. Don’t try to coat it with a layer of frosting and tell me it’s a fucking cupcake.”

Then Mitchell issued a corrective blog post, titled Content, Ads, Caution. Here’s an excerpt:

When we have ideas about how content might be useful to people, we look at whether there is a revenue possibility, and if that would annoy people or bring something potentially useful.  Ads in search turn out to be useful.  The gist  of the Tiles idea is that we would include something like 9 Tiles on a page, and that 2 or 3 of them would be sponsored — aka “ads.”  So to explicitly address the question of whether sponsored tiles (aka “ads”) could be included as part of a content offering, the answer is yes.

These sponsored results/ ads would not have tracking features.

Why would we include any sponsored results?  If the Tiles are useful to people then we’ll generate value.  That generates revenue that supports the Mozilla project.   So to explicitly address the question of whether we care about generating revenue and sustaining Mozilla’s work, the answer is yes.  In fact, many of us feel responsible to do exactly this.

Clearly Mozilla wants to continue down the advertising path, which many of its most passionate users don’t like. This position makes sense, given Mozilla.com‘s need to make money — somehow — and stay alive.

By becoming an advertising company (in addition to everything else it is), Mozilla now experiences a problem that has plagued ad-supported media for the duration: its customers and consumers are different populations. I saw it in when I worked in commercial broadcasting, and I see it today in the online world with Google, Facebook, Twitter… and Mozilla. The customers (or at least the main ones) are either advertisers or proxies for them (Google in Mozilla’s case). The consumers are you and me.

The difference with Mozilla is that it didn’t start out as an advertising company. So becoming one involves a change of nature — a kind of Breaking Bad.

It hurts knowing that Mozilla is the only browser-maker that comes from our side, and wants to stay here, and treat us right. Apple clearly cares about customers (witness the success of their stores, and customer service that beats all the competition’s), but its browser, Safari, is essentially a checkbox item. Same goes for Microsoft, with Explorer. Both are theirs, not ours. Opera means well, but it’s deep in fifth place, with a low single-digit market share. Google’s Chrome is a good browser, but also built to support Google’s advertising-based business model. But only Mozilla has been with us from the start. And now here they are, trying their best not to talk like they’ve been body-snatched by the IAB.

And it’s worse than just that.

In addition to the Brendan Eich mess, Mozilla is coping with losing three of its six board members (who left before Brendan resigned). Firefox’s market share is also declining: from 20.63% in May 2013 to 17.68% in February 2014, according to NetMarketShare.com. (Other numbers here.)

Is it just a coincidence that May 2013 is also when Jay Sullivan made that first post, essentially announcing Mozilla’s new direction, toward helping the online advertising industry? Possibly. But that’s not what matters.

What matters is that Mozilla needs to come back  home: to Earth, where people live, and where the market is a helluva lot bigger than just advertising. I see several exciting paths for getting back. Here goes.

1) Offer a choice of browsers.

Keep Firefox free and evolving around an advertising-driven model.

And introduce a new one, built on the same open source code base, but fully private, meaning that it’s the person’s own, to be configured any way they please — including many new ways not even thinkable for a browser built to work for advertisers. Let’s call this new browser PrivateFox. (Amazingly, PrivateFox.org was an available domain name until I bought it last night. I’ll be glad to donate it to Mozilla.)

Information wants to be free, but value wants to be paid for. Since PrivateFox would have serious value for individuals, it would have a price tag. Paying for PrivateFox would make individuals actual customers rather than just “users,” “consumers,” “targets” and an “audience.” Mozilla could either make the payment voluntary, as with public radio and shareware, or it could make the browser a subscription purchase. That issue matters far less than the vast new market opportunities that open when the customer is truly in charge: something we haven’t experienced in the nineteen years that have passed since the first commercial websites went up.

PrivateFox would have privacy by design from the start: not just in the sense of protecting people from unwelcome surveillance; but in the same way we are private when we walk about the marketplace in the physical world. We would have the digital equivalent of clothing to hide the private parts of our virtual bodies. We would also be anonymous by default — yet equipped with wallets, purses, and other instruments for engagement with the sellers of the world.

With PrivateFox, we will be able to engage all friendly sites and sellers in ways that we choose, and on terms of our choosing as well. (Some of those terms might actually be more friendly than those one-sided non-agreements we submit to all the time without reading. For more on what can be done on the legal front, read this.)

(Yes, I know that Netscape failed at trying to charge for its browser way back in the early days. But  times were different. What was a mistake back then could be a smart move today.)

2) Crowdsource direct funding from individuals.

That’s a tall order — several hundred million dollars’ worth — but hey, maybe it can be done. I’d love to see an IndieGoGo (or equivalent) campaign for “PrivateFox: The World’s First Fully Private Browser. Goal: $300 million.”

3) Build intentcasting into Firefox as it stands.

Scott Adams (of Dilbert fame) calls it “broadcast shopping”. He explains:

Shopping is broken. In the fifties, if you wanted to buy a toaster, you only had a few practical choices. Maybe you went to the nearest department store and selected from the three models available. Or maybe you found your toaster in the Sears catalog. In a way, you were the hunter, and the toaster was the prey. You knew approximately where it was located, and you tracked it down and bagged it. Toasters couldn’t hide from you.

Now you shop on the Internet, and you can buy from anywhere on the planet. The options for any particular purchase approach infinity, or so it seems. Google is nearly worthless when shopping for items that don’t involve technology. It is as if the Internet has become a dense forest where your desired purchases can easily hide.

Advertising is broken too, because there are too many products battling for too little consumer attention. So ads can’t hope to close the can’t-find-what-I-want gap.

The standard shopping model needs to be reversed. Instead of the shopper acting as hunter, and the product hiding as prey, you should be able to describe in your own words what sort of thing you are looking for, and the vendors should use those footprints to hunt you down and make their pitch.

There are many ways of doing this. More than a dozen appear under “Intentcasting” in this list of VRM developers. Some are under wraps, but have huge potential.

Intentcasting sets a population comprised of 100% qualified leads loose in the marketplace, all qualifying their lead-ness on their own terms. This will be hugely disruptive to the all-guesswork business that cherishes a 1% click-through rate in “impressions” that mostly aren’t — and ignores the huge negative externalities generated by a 99+% failure rate. It will also generate huge revenues, directly.

This would be a positive, wealth-creating move that should make everybody (other than advertising mill-keepers) happy. Even advertisers.  Trust me: I know. I co-founded and served as Creative Director for Hodskins Simone & Searls, one of Silicon Valley’s top ad agencies for the better part of two decades. Consider this fact: No company that advertises defines themselves as “an advertiser.” They have other businesses. Advertising might be valuable to them, but it’s still just a line item on the expense side of the balance sheet. They can cut or kill it any time they want.

“Buy on the sound of cannons, sell on the sound of trumpets,” Lord Nathan Rothschild said. For the last few years advertising has been one giant horn section, blasting away. If online advertising isn’t a bubble (which I believe it is), it at least qualifies as a mania. And it is the nature of manias to pass.

Business-wise, investing in an advertising strategy isn’t a bad bet for Mozilla right now. But the downsides are real and painful. Mozilla can reduce that pain by two ways:

  1. Join Don Marti, Bob Hoffman (the Ad Contrarian) and others (myself included) who are working to separate chaff from wheat within the advertising business — notably between the kind of advertising that’s surveillance-based and the kind that isn’t. Obviously Mozilla will be working on the latter. Think about what you would do to fix online advertising. Mozilla, I am sure, is thinking the same way.
  2. Place bets on the demand side of the marketplace, and not just — like everybody else — on the supply side.

Here on Earth we have a landing site for Mozilla, where the above and many other ideas can be vetted and hashed out with the core constituency: IIW, the Internet Identity Workshop. It’s an inexpensive three-day unconference that runs twice every year in the heart of Silicon Valley, at the Computer History Museum: an amazing venue.

Phil Windley, Kaliya Hamlin and I have been putting on IIW since 2005. We’ve done seventeen so far, and it’s impossible to calculate how far sessions there have moved forward the topics that come up, all vetted and led by participants.

Here’s one topic I promise to raise on Day One: How can we help Mozilla? Lots of Mozilla folk have been at IIWs in the past. This time participating will have more leverage than ever.

I want to see lots of lizards and lizard-helpers there.

[Later...] Darren has put up this insightful and kind post about #VRM and The Intention Economy (along with @garyvee‘s The Thank You Economy). I’ve also learned that lizards will indeed be coming to both VRM Day and IIW. Jazzed about that.

 

Here is my short list:

  1. Larry Josephson
  2. Howard Stern
  3. Bob Grant
  4. Bob & Ray
  5. Barry Gray
  6. Bob Fass
  7. Steve Post
  8. Rush Limbaugh
  9. Alex Bennett
  10. Allan Handelman

And here are my qualifications: a) the performer has to do (or have done) a show that runs daily (or close),  b) the listener has to sense that they are missing something if they’re not listening, and c) I need to have been a listener.

I bring this up because in January I heard Howard Stern speak regretfully — and movingly — about how Bob Grant was something like “the greatest broadcaster who ever lived,” and how he (Howard) blew the chance to say that to Bob directly while the old guy was still alive. Bob died on New Years Eve at age 84. (Later Howard was not only reminded that he did say kind things to Bob, but somebody produced recorded evidence. Apparently Howard is correct that his memory sucks.)

I first heard Bob in the early ’70s, when he came to WMCA in New York from KLAC in Los Angeles. (Staying at the same spot on the dial, since both were on 570am.) WMCA had dropped its Top 40 format (conceding that ground to WABC and the FM band) and became the first full-time talk station in New York. I agreed with very little that Bob espoused, but found the show highly entertaining, especially when some dumb caller made no sense and Bob yelled “Get off the phone!”

But Howard is by far the best radio performer, ever. There’s nobody close. He’s funny as hell and his celebrity interviews are masterful to an extreme nobody will ever exceed. All his shows are longer than Gone With The Wind, filled with original comedy bits and supported by a veteran and gifted staff of interesting characters who are themselves sources of entertaining studio encounters. On days Howard’s not on, the re-runs — both from the past few days and from archives that stretch back a quarter century — are also brilliant. The show is blue, but I enjoy that. Life fucks itself all the time, or none of us would be here.

I put Larry Josephson ahead of Howard because I’ve never loved a morning host more than I loved Larry. Back when he was on WBAI in the ’60s and early ’70s, my daily life was anchored in Larry’s show. Larry spoke frankly about his personal life, and flouted just about every morning-host formalism you can list. (As Howard still does. But Larry was first.) He’d show up late, eat on the air, and take calls during which you heard nothing of the person at the other end. He was funny (among other things, like me, he was a sucker for puns), wickedly smart, hugely informed, and deeply interested in big issues of many kinds. Years later he leveraged all that into the public radio shows Modern Times and Bridges. I still have many recordings of both on cassettes in my garage. After leaving the air Larry made a living selling recordings of Bob & Ray (next on my list), who were two of the funniest guys in radio, from the fifties into the seventies. Find those and other goodies (including What is Judaism and Only In Amercia) from Larry at RadioArt.org. Meanwhile, also dig what Larry is doing today at An Inconvenient Jew: My Life in Radio. A better biography than this one or Wikipedia’s is here.

Bob & Ray are next on my list because they were the funniest radio comics of their time. Both had warm baritone voices, which hardly changed whether they were playing characters young or old, male or female. Their humor was droll and dry and played for irony at many levels. Buy some samples from Larry.

I’ve got Barry Gray next because he was — at least for me — the father of all the radio talk shows that followed. His slot from 11pm to 1am on WMCA seemed highly anomalous, given WMCA’s role as one of New York’s Top 40 music landmarks. But for me as a kid growing up in the 50s and early 60s, it was a window on the intellectual and cultural world, giving me lots of stuff to talk and think about the next day. I liked Barry Farber too (they were both pioneers, and Farber is still at it today) but to me, growing up, the better Barry was Gray.

I put Bob Fass and Steve Post next because they were Larry Josephson’s teammates on WBAI during the station’s heyday, and I loved all three of them (and some others I hate not mentioning, but I’m trying to keep this from getting too long). Bob Fass’s Radio Unnameable was required late night radio listening in The Sixties, and had enormous influence on the spirit of that time, including too many events and personalities to mention. I recall Steve as WBAI’s smart and witty utility infielder and team captain. He was more than that, both for WBAI and later for WNYC, where he was active while I was elsewhere. Mostly I enjoyed listening to him whenever he was on.

I put Rush Limbaugh next because he is just so damn good at what he does. For many years I enjoyed listening to him, even though I mostly disagreed with his politics. He was tuned in to a sensibility that I knew well, and in many ways he understood the political left better than it understood itself. Maybe he still does. I’m just so tired of right wing talkers at this point that I don’t listen to any of them. But I want to give credit where due, and Rush deserves plenty.

I first heard Alex Bennett on WMCA in the late ’60s, and followed him to WPLJ while I was still living in New Jersey. Later I picked him up again in the Bay Area when he was on a variety of stations there. Alex was at his best (for me at least), when he brought comedians into the studio to hang out. I’m sure Alex played a key role in the surge in comedy clubs that happened in the 1980s. (Wow, I just learned that Ronni Bennett is Alex’s ex. Guess I missed that.)

Allan Handelman is the only guy on this list (and I regret that they are all guys) who has had me as a guest on the air. It was in the early ’80s on WPTF in Raleigh, to talk about radio, like I am now. I first heard Allan when he was on a little FM station in Farmville, North Carolina. I was 100+ miles away, in Chapel Hill, but had a big antenna on my roof that I would aim east to get Allan’s signal, amazed at the guests he would get to come on. Most notable among those was Frank Zappa. Allan’s discussions with Frank are among my treasured radio memories.

So that’s it for now. I started to write this in January and decided to finally throw a few more sentences in, and liberate it from the Drafts folder. If you care, tweet or comment on your own faves. One I would volunteer for a slightly different category (such as “uncategorizable”): Phil Hendrie.

Fred WilsonI’m bummed that I missed LeWeb, but I’m glad I got to see and hear Fred Wilson’s talk there, given on Tuesday. I can’t recommend it more highly. Go listen. It might be the most leveraged prophesy you’re ever going to hear.

I’m biased in that judgement, because the trends Fred visits are ones I’ve devoted my life to urging forward. You can read about them in Linux Journal (starting in 1996), The Cluetrain Manifesto (1999, 2000, 2011), this blog (starting in 1999), ProjectVRM (starting in 2006) and The Intention Economy (2012). (Bonus links: What I said at Le Web in 2007 on stage and in an interview.)

He unpacks three megatrends, with an additional focus on four sectors. Here are my notes from the talk. Some of it is quotage, but little of it is verbatim. If you want to quote Fred, go to the source and listen.

1) We are making a transition from bureaucratic hierarchies to technology-driven networks. The former is the way the world has been organized for the last two hundred years. Markets, government, businesses are all pyramids. Transaction and communication costs were so high in the industrial era that these pyramids were the best way to organize work and run systems. But now technology-driven networks are replacing bureaucracies. Examples…

Twitter. Replaces the newspaper. The old army of reporters that reported to divisional editors who chose what would appear in limited spaces and distribute through printing mills and trucked to your doorstep was slow moving and bureaucratic. Now all of us are reporters. The crowd determines what’s important. This is an example of a tech-driven network.

YouTube. TV was hierarchical. Now all of us are video creators.

SoundCloud. Anybody can create audio or music. No labels. No radio or music industry required.

We first saw this trend in media and entertainment. Now we’re seeing it in AirBnB, One Fine Stay. Creative industries like Kickstarter and VHX. Learning with Codecademy and DuoLingo for languages.

We are very early with all of these and more to come.

2) Unbundling. This has to do with the way services are packaged and taken to market. In the traditional world, you only got to buy the thing that had everything in it. Now tech is changing that. More focused, best of breed, delivered a la carte. Now on mobile and internet you get better everything. Best of sports, fashion, classified advertising.

Banking is being unbundled. Banks used to do everything. Now entrepreneurs are picking off services. Lending Club. Funding Circle. auxsmoney in Germany. Taking profitable lending franchises away. Working capital. c2fo. Management services. All new, all based on networks.

Education. It’s expensive to put a lot of students in a building with a professor up front of every class. You needed a library. Administration. Very inefficient, costly, pyramidal and centralized. Now you can get books instantly. Research is no longer as highly centralized and capital dependent. See Science Exchange: collaboration on an open public network.  All this too is also early.

Entertainment. Used to be that you’d get it all on cable. Now we get Netflix and YouTube on our phones. Hulu. A la carte. Airplay, Chromecast.

3) We are all now personally a node on the network. We are all now nodes on the network, connected all the time. Mobiles are key. If forced to make a choice between phone and desktop, we go with the phone. (About 80% of the LeWeb audience did, along with Fred.) In the larger world, Android is being adopted massively on cheap phones. Uber, Halo.

This change is profoundly impacting the world of transportation. Rental cars. Delivery. Payments. Venmo, Dwolla, Square. Peer to peer. You can send money to anybody. For dating there’s Tinder. Again, this is new. It’s early.

The four sectors…

a) Money. Not just Bitcoin. At its core Bitcoin is a protocol: the financial and transactoinal protocol for the Net. We haven’t had one until now. As of today it is becoming a layer of internet infrastructure, through a ledger called the blockchain that is global. All transactions are cleared publicly in the blockchain. Entrepreneurs will build tech and services on this. Payments and money will flow the way content now flows. No company will control it. Others’ lock on our money will be gone.

b) Health and wellness. Health care is regulated and expensive. Health and wellness is the opposite. It’s what keeps you out of the hospitals. (QS is here.) The biologies of our bodies will be visible to us and connected. Some communications will be personal and private, some networked, some with your doctor and so on. Small example: many people today gamify their weight loss.

c) Data leakage. When the industrial revolution came along, we had polluting. It took a century to even start dealing with it. In the information revolution, the pollution is data. It’s what allows Google, Facebook and the government spy on us when we don’t want them to. We have no control over that. Yet.

d) Trust and identity. We have allowed Google, Facebook, Amazon and Twitter to be our identity services. It’s very convenient, but we are giving them access to all we do. This isn’t good. Prediction: a bitcoin-like service, a protocol, that is distributed and global, not controlled by anybody, architected like the Internet, that will emerge, that will give us control over identity, trust and data. When that emerges I’ll let you know. I haven’t seen it yet.

Talk to me, Fred. :-)

Below is my live blogging, in outline form, of the final presentations of work by NYU graduate journalism students in Jay Rosen’s Studio 20 class, which I’ve served for three semesters as a visiting scholar. Open Studio was the name of the event.

I wrote and posted it with Fargo.io. Blake Hunsicker, on the left, also talked up Fargo and outlining in his talk.

Mike Rothman, one of the students, asked me to live blog the event. Jay also asked me to shoot pictures there. So I got off to a bit of a slow start as those two obligations collided a bit. My notes gradually improved after the first couple of presentations, including Mike’s. Apologies for the slow start.

I finally got into a full groove during Josh Benton‘s closing talk.

It’s now 1:36 in the morning, so I’ll stop editing at this point and pick up the rest after I’ve rested.

Meanwhile, it was an absolute pleasure and privilege to participate in this class. I’ll miss everybody, but I’m also glad to know how well they did and how much better they’ll do as their journalism careers take off.

Links:

Jay’s guidance: “Your presentation needs to rock”
Patrick Hogan (@phogan)

  • Geeks and Glass
  • Alas, was busy shooting pix and doing other stuff. Will fill in later.

Mike Rothman (@TheRealRothman) with ABC News

  • Live Blogging is his topic, and what I’m doing now.

Cecelia Bittner (@MCeceliaBittner)

  • Problem: Can networks of people help in reporting a beat?
  • Partner: Fast Company
  • “A generation of women with the world and all its knowledge at their fingertips.”
  • Hashtag: #FCMobilize
  • High correlation between tweeting actively and moving conversation forward. Branch and Facebook were fails.
  • “Not worth a reporter’s time to force connections.”
  • Nice graphic of a Mobilizing Machine

Nuha Abujaber (@nuabu) and Mélodie Bouchaud (@Meloboucho)

  • Problem: Keeping ‘city life’ coverage current with the way users communicate now.
  • Using short videos and stills to augment the print magazine.
  • Like the many variations on TONY (time out new york), e.g. TONYpreview, TONYnow, OnlyTONY.
  • “Fifteen seconds is enough…”

Simran Khosla (@simkhosla)

  • Partner: Pando Daily
  • Problem: Adding data specialists to a newsroom doesn’t spread data journalism fast enough
  • Solution: data visualization-based stories “We thought visualization first…Doing the chart starts the article.” Helping the data journalist. e.g. with tutorials.

Derick Dirmaier (@derickdirmaier), Jesse Kipp (@JesseKipp), Johannes Neukamm (@JFNeukamm)

  • Problem: With “Snow Fall” the innovation came after the story was completed. Can’t we do better?
  • Partner: Creativist, digital mag Atavist
  • “Snowfalling” became a term used in newsrooms. Style followed. “The aesthetic was more important than the story telling.”
  • “Story Wars” with scroll kit, hi, sStory, Cowbird, Maptia, Creativist…
  • The solution: Profoundly Digital Reporting. PDP.
  • So they entered the Mongol Rally.
  • Captured motion, audio, video. stills, traced the route, 20k miles.
  • Design tools are storytelling tools.
  • PDP 1) Platform 2) Open Source Tools 3) Photo/Video/Audio Editing software 4) Data Visualizations
  • Preview titled Traverse.
  • 3 persepectives — Jesse’s notes, audio tracks, navigation elements
  • You get a feel for the experience of the Rally, with a map slider. TimelineJS, GeoJSON, D3 Libraries…
  • Not all stories are profoundly digital.
  • New genre of journalism: opportunity, not a threat.

Blake Hunsicker (@BlakeHunsicker, BlakeHunsicker.com)

  • Problem: Most people are coming in the middle of the movie: How do we catch them up?
  • Partner: Syria Deeply
  • Solution: a Deep Reader.
  • Went to Turkey, working on ways journalists can explain. “We don’t get much out of what the news tells us… updates but no context. Where to start?”
  • Need for onramps. Ways to become acquainted.
  • Used an outliner: “I came to this after digging Fargo.io, Dave Winer’s outliner. (Which I’m writing in now, here.)
  • Deep links, annotated comments, expanding, contracting, telescoping to whatever depth you like. You can read two minutes’ worth, or half an hour.
  • FAQ — Syria according to Syrians: “their stories, more than those told to us by pundits or politicians…”
  • Takeaways: 1) Repuurpose what works elsewhere 2) Explore how to change a deep reader as news develops 3) Work with good people

Boryana Dzhambazova (@BoryanaDz)

  • Problem: We’ve got a core group of dedicated fans: what do we do with them?
  • Partner: Narratively
  • Narratively was born as a kickstarter, has grown dramatically since. Fanatical fans, which are also a core market.
  • Introduce a paid model. Membership perks: e.g. personalized search, read later feature, notifications of upcoming themes, ability to comment, ebook collections, member-only events
  • Model: Pay what you want, as with Radiohead.
  • Many pitches come from aspiring writers. So turn a burden into an asset. Hence a fan club page where writers can pitch to other writers, with winners getting hired off submissions. Includes real-time editing.
  • Nice archive of timeless and beautiful stories.
  • Weekender: archived stories. Much higher than industry average open rates.
  • Assignment room. New approach to navigation and browsing. Go by theme, editor, writer, notes…

Danielle J. Powell (@DanielleJenene)

  • Problem: Repurposing TV documentary by putting it on line is lame: there has to be a better way.
  • Partner: Aljazeera America (@ajam)
  • Disruption in cable news. More media used online. Cord-cutting. Meanwhile TV is still the king of news.
  • Harmony where there is disruption. Add value.
  • Worked with @ajam on Faultlines, a documentary series.
  • Create harmony:
  • 1) Identify content that complements rather than mirrors
  • 2) Take other content into account, stuff that can stand alone, and add value.
  • Content that works:
  • Background — explains, like deep reader
  • Conversational — e.g. live tweets
  • Follow-up — info not seen in episode, or current after broadcast
  • Visual — infographics, instagram.
  • Key: production process that takes multiple platform into account simultaneously
  • talk digital and map out projects from the pitch
  • collect digital assets
  • Viewer+ : turn viewers into both viewers and readers, commenters, etc. Expand beyond cable, for example to where it’s not available.

Speaker: Josh Benton of Nieman Lab

  • Jay: “Josh is almost as obsessive as I am.”
  • Topic: The Year in Innovation. Twenty slides/topics
  • Mobile
  • Customizing Breaking News. Out of NBC. Can mute some topics, e.g. Miley Cyrus. All about interrupting you properly. Breaking news is not the same for every brain. The app will evolve over a year.
  • Still lots of news used on desktops and laptops. Still just for Mac and Safari. Still a way off from this being generalized.
  • You get an inbox, everybody gets an inbox. Latest: Instagram direct. Move your sexting from SnapChat to Instagram. “I cannot tell you how terrifying” this is. Too many inboxes. The more we move to closed networks, the more problematic access becomes for journalists.
  • Reporting: building beats beyond geography. Buzzfeeds fascinating. Building a beat structure from scratch. Construct reporting structures from the ground up.
  • Global cooperation. Level of what we have now was impossible in the past. You can make it work now. Example: offshoring. New thing: “collaboration fatigue” 86 journalists in 44 countries.
  • (A fire alarm went off. Ignored. Interesting: not news… not anything.)
  • Robot reporting. Algorithmic, that is. (There are no good pictures of algorithms, but are of robots.) LA Times had a story with a map up in seconds or minutes (8 in this case), thanks to an algorithm that picks up news from data sources. “Our robot friends are allies and helpers.”
  • Incentivizing truth. Rise of politifact, et. al. People are more likely to believe false negatives based on ideological bent: believing wrong info about the other side. “What if we gave small rewards” they remember X was not the case. Rewards raises likelihood of admitting they don’t know. We talk about polarization. But there is potential for seeing a thinner layer of wrongness.
  • Presentation. Snow flurries following Snow Fall, which was so big, intense and developed that everybody now has one. Or more. Remarkable that these can now be produced at a high rate. Nicely designed articles are one side effect of the flurries. Stories get more special presentation than in the past. Future will feature nicely designed articles than full-blown Snow Falls.
  • Adding structure to comments. Venn-ish diagram of overlaps in responses to the Supreme Court’s decision on gay marriage. Gives people a moment to pause before issuing vitriol.
  • Infinity comes to radio. NPR’s infinite player. (Not many knew about it, me included.) Creating a radio-like experience that leverages content backlog, and gives NPR a way to see what people like. Pandora-like “more like this” and “less like this.” Mention of PRX, with the Remix service and app.
  • Responsive and unloved redesigns. One code base that works for all formats. Great solution to terrible mobile websites. Led to a lack of info density on websites. So you have one giant story, with a few other items. Take a moment to consider that it is possible to think too much about mobile. 85% will still be on a tablet or desktop, not a smartphone.
  • Social. Event Parrot (@eventparrot): a Twitter experiment. Permission to be interrupted by Twitter, for news. “By the way, Mandela just died.” An interesting moment because news orgs have invested in Twitter, which is mostly non-prejudicial. But::: when you live on somebody else’s platform, you run risks.
  • The triumph of the morning email. e.g. Quartz. 2013 had the rise of the stream. Design choices toward the steam, and a counter-movement toward digest-y summary by email. Qz has story after story online, yet has a success with the daily email.
  • Everybody has a TinyLetter. A little mailing list for newsletters, in addition to other methods. Reporters now work not only for publishers, but for their own “brand.” The idea is to personalize communications with readers or audiences.
  • New York Times’ Fourth Down Robot. Real-time notification of success rates in those situations. Punt or not? Remarkable that this is a twitter account and a news service. Find how your team’s coach made a poor decision.
  • News video for social and mobile. e.g. Now This News. Mobile/Social. Looks like MTV in 1983. Seems a bit alien at first. They can create, on the spur of the moment, create a :15 video for Instagram and :06 for Vine.
  • Money. Paywalls 2.0: Build the paywall you want. NYTimes set the pace, made it okay for everybody else. We can assume that others will follow the Times’ moves in 2014. They got 750k people to pay. Nice, but slowing. And can you get revenue from those not subscribing. They plan a super-premium level, with access to Times events. Editors will come over and wash your car. Headed toward lots of pay products.
  • A local television paywall. WCPO in Cincinnati will be the first to put up a paywall. Vetting for Scripps. Hiring dozens of new journos to work there. Until now local TV has not been nearly as disrupted as other news orbs. Many potential problems. Uptake, for example.
  • The Boston Globe’s Airline pricing. Already has comfort with many Web products. After investing in responsive design, they came out with an iPhone app, that’s just $4 month. The bet is that if you pay $4 for iPhone, you won’t pay $15 at all. So it’s like airline seat pricing this way. Trying to undercut their own model.
  • Packaging. Putting content in new containers. e.g. The Guardian’s robot newspaper: the long god read. Have a small batch paper that culls successful pieces from the last week, algorithmically, and then lays it out, again algorithmically, in a form that works for readers in a coffee shop. This is the seed of an idea that will have other applications in the future.
  • Today’s paper. e.g. NYTimes’. If the President gets shot mid-day, it won’t be in here. In this sense it’s like the print paper. It’s a reaction to the constant stream of content, which is still in NYTimes.com. With this you know hundreds of thousands are reading the same thing. (Also, presumably, not personalized.)
  • Retro Report. Stories covered 20-30 years ago. e.g. Garbage Barge. 12-minute videos. Bracing reminder that coverage is often terribly mistaken. Nice to see archives put to use. The archives are there.
  • Civil Beat’s Law Clinic. An Omidyar project that covers stuff differently. What can a news org be and stand for in a different way? One answer: fighting for the readers. A legal aid center for a constituency. Civil Beat will provide help in the form of real legal assistance. Example of a forced rethinking of what a news org does. Fulfilling information needs in a different way.
  • Overall, optimistic.
  • Started Nieman Lab in ’08. Been uphill since then. Continued growth and institutionalization. Seeing that old dogs as well as new ones have new tricks.

RadioINK reports that Rush Limbaugh is switching stations in three markets:

Clear Channel Los Angeles says Rush will be moving from KFI to KTLK-AM in January. KTLK-AM will become The Patriot AM 1150, home of Los Angeles conservative talk radio, featuring Rush, Hannity, Glenn Beck and others. A similar move is being made in San Francisco where Rush will be moving from KKSF-AM to KNEW-AM. And as expected on Rush will move from WABC to WOR. The Clear Channel strategy is to move Rush off an established station, in the case of L.A. and San Francisco, to anchor a new station and help build that station up. Clear Channel recently purchased WOR-AM in New York and he’s being moved off WABC, a Cumulus station.

In all those cases the move is to a station with less coverage. Technicalities:

I’m also wondering how much the temporary move of Rush in Boston from WRKO/680 to WXKS/1200 helped “build up” the latter.  These days WXKS is running Bloomberg business news, which fills a niche but isn’t a big ratings winner.

The larger picture here, and the reason I bring this story up, is that the real stations aren’t the stations at all, but the shows and the talent. Rush’s listeners care about Rush, not where they find him. As this fact becomes more obvious over time, look for the Clear Channels of the world to become routers of talent and programming through any available medium (especially the Net, which is where everything is already moving), rather than a collection of radio stations.

And let’s face it: Rush isn’t on any one station. He’s on SCAN. Keep hitting that button and you won’t miss him.

Not missing is the future of radio. And, maybe, of all media.

 

towerRadio used to be wireless audio on a broadcast band. That’s still the short version of every dictionary definition.

But now radio is streamed audio. That was already the case when webcasting* showed up in the ’90s, and even more so with the rise of Last.fm, SiriusXM, Pandora, rdio, Spotify and every other audio service delivered over the Net.

And now Apple delivers the crowning blow, with this:

This isn’t just the height of presumption on Apple’s part. It’s a body-snatch on all of radio, as well as a straight-up knock-off of Pandora.

But it’s actually worse for radio than it looks here.

What used to be called Radio (iTunes’ collection of webcasting radio stations), which had already been pushed down one directory level to “Music,” is now available only under a new button called “Internet.” (See the screenshot above.) Worse, it won’t appear unless you open preferences in iTunes and check a box to turn it on.

So Apple clearly hates radio as we’ve always known it, and could hardly be more passive-aggressive about subordinating it to their own closed, exclusive, silo’d and proprietary service. (Here’s some bonus evidence.)

So where does this leave plain old over-the-air radio — you know, the kind that fades away when you drive out of town?

Simply put, in a new context. That context is the Net. It’s the new broadcast band. Here on the Net (where you are right now), audio servers are the new transmitters and mobile devices are the new portable radios.

So, some advice.

For stations, networks and chains:

  1. Normalize to the Net. That doesn’t mean just “digital first.” It means recognizing that the Internet is your coverage area, and the new native land for all forms of radio, including Satellite. This is the lecture that @JeffJarvis has given for years, correctly, to his friend @HowardStern and to @SiriusXM, where Howard (also correctly) anchors the whole link-up.
  2. Recognize that the Net does not belong to the cable and phone companies but to nobody, which is why it covers the world. Think of it as a world of ends (where every audio source and every listener is a separate end), and NEA — nobody owns it, everybody can use it, and anybody can improve it. Including you.
  3. Choose a streaming URL (or a set of URLs) for your station(s) that will be as permanent as your over-the-air dial positions. Make sure you’re streaming in .mp3 or some other standard codec that all mobile apps can receive. (Right now the burden of finding a streaming URL in the first place is a pain in the ass.)
  4. Transmit over the air in HD. Yes, HD has problems, and the adoption rate is still low. But it’s an all-digital bridge between net-casting and over-the-air.
  5. Continue to use RDS (RDBS in the U.S.) with your analog signals. That way it will display your identity and content on radios equipped to do so, most of which, so far, are in cars.
  6. Support every possible app that moves toward re-creating the old dial-based radio experience. The closest I’ve seen so far is the BBC’s iPlayer app, which isn’t available in the U.S.
  7. Have truly unique programming. If you’re running what dozens or hundreds of other stations are running, you’re just a relay.
  8. Look toward making more money from subscriptions and voluntary donations than from advertising. More about that below.
  9. Think in terms of relationships, and not just listeners. This is essential because listeners have communication power now too. Don’t waste it by looking at them only as populations. This isn’t easy, because the grooves of one-way-one-to-many non-relating are nearly a century deep. But those who relate best will win biggest.
  10. Make podcasting a normal and easy part of your mix of offerings. More listeners will listen, more of the time (which they will make for themselves.) And, if you can’t easily podcast because you’re doing music, see the last section below.

For app developers:

  1. Keep up the pioneering work done by Tune InWunderradioPRX’s Public Radio PlayerStitcher and the rest. But note this…
  2.  No app yet (to my knowledge, at least) re-creates the simple experience we got from knobs, dials and uncomplicated read-outs on good old-fashioned radios. In effect we’re still stuck where mp3 players were before the iPad came along with its scroll wheel. Only now the shitty experience is on our mobile devices, including our Apple i-things.
  3. Ease the experience of listening, and recording (like with DAR.fm), across everything possible. I know this isn’t easy, because chains like Clear Channel (with its iHeartRadio) and the BBC like to limit listening within their app to their own stations. But this isn’t what most listeners want.
  4. Work toward a single easy non-proprietary way to support subscription services (such as SiriusXM) and volunteer-pay services, (such as public radio stations in the U.S). Everybody with that model will make more money, much more easily, if the process isn’t different for every station, every network, every service.
  5. Symbolize relationships (especially paid ones) with UI elements that are easy to read and universally used and accepted. I recommend the r-button, which the VRM development community came up with, and which is there for the taking. The ⊂ represents the person’s side of the relationship, while the ⊃ is the ‘caster’s. If you’re interested, talk to me about it.
  6. Think relationships, not just listeners.

For equipment makers:

  1. Quit making shitty radios. The receiving circuitry and antennas for most home and portable radios have been awful for awhile now, and I don’t expect them to get better. But I think there is room for some companies still making radios to put out a few actually good ones. And include HD.
  2. Ibiquity (developer and licensor of HD Radio technology): change your game. Adoption by equipment makers is clearly too slow and too hard. Hell, you’ve been around since 2001, and now you’re bragging on just the first car to feature it. This search on Amazon for “HD Radio” should bring up lots of results, rather than a few hens’ teeth.
  3. Make radios that hunt easily from over the air analog to HD Radio to streams on the Net.

For everybody:

  1. Lobby to get rid of the completely aversive royalty system for webcasting, and its inequities with over-the-air broadcasting. Replace it with something sane and respectful of the all-digital world in which we now live.
  2. In respect to the link above, note this language: Sections 112 and 114 require that rates for the statutory licenses for webcasting and for ephemeral recordings must be the rates that most clearly represent the rates that would have been negotiated in the marketplace between a willing buyer and a willing seller. That boldfaced language is a relic of the DMCA, which was passed in ’98 — just three years after the dawn of the graphical browser, before anybody could imagine that the Net could support willing buyers and sellers of streamed music. The effect of this has been to marginalize or kill music podcasting, to name just one victim. Nobody wants the rights-holders to get screwed, but everybody should recognize by now that its the music itself, and the relationships between artists, distributors (including radio service operators) and listeners that are getting screwed by the current system. And that we can do better. Hell, it’s almost 2014. Let’s get this done.

* “Webcasting” should have been called “netcasting” in the first place. As Wikipedia says at the moment (at that last link), “Essentially, webcasting is ‘broadcasting’ over the Internet.” The difference is important because the Web is something that runs on the Net, rather than a synonym for the Net.

Eye of SauronIn Big Cable’s Sauron-Like Plan for One Infrastructure to Rule Us All, Susan Crawford (@SCrawford) paints a bleak picture of what awaits us after television (aka cable) finishes eating the Internet. But that’s just in our homes. Out in the mobile sphere, telcos have been eating the Net as well — in collusion with cable. That’s one of the points Marvin Ammori makes in We’re About to Lose Net Neutrality — And the Internet as We Know It. Both pieces are in Wired, which is clearly on our side with this thing — especially since, if Marvin is right, Wired might someday need to pay the carriers for privileged carriage on what used to be the free and open (aka “neutral”) Internet. Specifically,

Net neutrality is a dead man walking. The execution date isn’t set, but it could be days, or months (at best). And since net neutrality is the principle forbidding huge telecommunications companies from treating users, websites, or apps differently — say, by letting some work better than others over their pipes — the dead man walking isn’t some abstract or far-removed principle just for wonks: It affects the internet as we all know it.

Once upon a time, companies like AT&T, Comcast, Verizon, and others declared a war on the internet’s foundational principle: that its networks should be “neutral” and users don’t need anyone’s permission to invent, create, communicate, broadcast, or share online. The neutral and level playing field provided by permissionless innovation has empowered all of us with the freedom to express ourselves and innovate online without having to seek the permission of a remote telecom executive.

But today, that freedom won’t survive much longer if a federal court — the second most powerful court in the nation behind the Supreme Court, the DC Circuit — is set to strike down the nation’s net neutrality law, a rule adopted by the Federal Communications Commission in 2010. Some will claim the new solution “splits the baby” in a way that somehow doesn’t kill net neutrality and so we should be grateful. But make no mistake: Despite eight years of public and political activism by multitudes fighting for freedom on the internet, a court decision may soon take it away.

He continues,

How did we get here?

The CEO of AT&T told an interviewer back in 2005 that he wanted to introduce a new business model to the internet: charging companies like Google and Yahoo! to reliably reach internet users on the AT&T network. Keep in mind that users already pay to access the internet and that Google and Yahoo! already pay other telecom companies — often called backbone providers — to connect to these internet users.

That was eight years ago. In response to the same AT&T salvo, I wrote Saving the Net: How to Keep the Carriers from Flushing the Net Down the Tubes in Linux Journal. It was submitted in November 2005 and ran in the February 2006 issue. In it I outlined three scenarios:

  1. The Carriers Win
  2. The Public Workaround
  3. Fight with Words and Not Just Deeds

Neither #2 nor #3 have come to pass, except in very limited ways. So, since #1 seems to be on the verge of happening, here’s what I wrote about it. There is a fair amount of link rot, but the points are still sharp — and depressing to contemplate:

Scenario I: The Carriers Win

Be afraid. Be very afraid. –Kevin Werbach.

Are you ready to see the Net privatized from the bottom to the top? Are you ready to see the Net’s free and open marketplace sucked into a pit of pipes built and fitted by the phone and cable companies and run according to rules lobbied by the carrier and content industries?

Do you believe a free and open market should be “Your choice of walled garden” or “Your choice of silo”? That’s what the big carrier and content companies believe. That’s why they’re getting ready to fence off the frontiers.

And we’re not stopping it.

With the purchase and re-animation of AT&T‘s remains, the collection of former Baby Bells called SBC will become the largest communications company in the US–the new Ma Bell. Verizon, comprised of the old GTE plus MCI and the Baby Bells SBC didn’t grab, is the new Pa Bell. That’s one side of the battlefield, called The Regulatory Environment. Across the battlefield from Ma and Pa Bell are the cable and entertainment giants: Comcast, Cox, TimeWarner and so on. Covering the battle are the business and tech media, which love a good fight.

The problem is that all of these battling companies–plus the regulators–hate the Net.

Maybe hate is too strong of a word. The thing is, they’re hostile to it, because they don’t get it. Worse, they only get it in one very literal way. See, to the carriers and their regulators, the Net isn’t a world, a frontier, a marketplace or a commons. To them, the Net is a collection of pipes. Their goal is to beat the other pipe-owners. To do that, they want to sell access and charge for traffic.

There’s nothing wrong with being in the bandwidth business, of course. But some of these big boys want to go farther with it. They don’t see themselves as a public utility selling a pure base-level service, such as water or electricity (which is what they are, by the way, in respect to the Net). They see themselves as a source of many additional value-adds, inside the pipes. They see opportunities to sell solutions to industries that rely on the Net–especially their natural partner, the content industry.

They see a problem with freeloaders. On the tall end of the power curve, those ‘loaders are AOL, Google, Microsoft, Yahoo and other large sources of the container cargo we call “content”. Out on the long tail, the freeloaders are you and me. The big ‘loaders have been getting a free ride for too long and are going to need to pay. The Information Highway isn’t the freaking interstate. It’s a system of private roads that needs to start charging tolls. As for the small ‘loaders, it hardly matters that they’re a boundless source of invention, innovation, vitality and new business. To the carriers, we’re all still just “consumers”. And we always will be.

“Piracy” is a bigger issue to the cargo sources than to the carriers. To the carriers, “fighting piracy” is a service offering as well as a lever on regulators to give carriers more control of the pipes. “You want us to help you fight piracy?”, the transport companies say to the content companies. “Okay, let’s deal.” And everybody else’s freedoms–to invent, to innovate, to do business, to take advantage of free markets and to make free culture–get dealt away.

The carriers have been lobbying Congress for control of the Net since Bush the Elder was in office. Once they get what they want, they’ll put up the toll booths, the truck scales, the customs checkpoints–all in a fresh new regulatory environment that formalizes the container cargo business we call packet transport. This new environment will be built to benefit the carriers and nobody else. The “consumers”? Oh ya, sure: they’ll benefit too, by having “access” to all the good things that carriers ship them from content providers. Is there anything else? No.

Crocodile grins began to grow on the faces of carriers as soon as it became clear that everything we call “media” eventually would flow through their pipes. All that stuff we used to call TV, radio, newspapers and magazines will just be “content” moving through the transport layer of the pipe system they own and control. Think it’s a cool thing that TV channels are going away? So do the carriers. The future à lá carte business of media will depend on one medium alone: the Net. And the Net is going to be theirs.

The Net’s genie, which granted all those e-commerce wishes over the past ten years, won’t just get shoved back in the bottle. No, that genie will be piped and priced by the packet. The owners of those pipes have a duty to their stockholders to make the most of the privileged position they’ve been waiting to claim ever since they got blind-sided, back in the 80s and 90s. (For an excellent history of how the European PTTs got snookered by the Net and the Web, see Paul F. Kunz’ Bringing the World Wide Web to America.) They have assets to leverage, dammit, and now they can.

Does it matter that countless markets flourish in the wide spaces opened by agreements and protocols that thrive at the grace of carriage? Or that those markets are threatened by new limits, protections and costs imposed at the pipe level?

No.

Thus, the Era of Net Facilitation will end. The choke points are in the pipes, the permission is coming from the lawmakers and regulators, and the choking will be done. No more free rides, folks. Time to pay. It’s called creating scarcity and charging for it. The Information Age may be here, but the Industrial Age is hardly over. In fact, there is no sign it will ever end.

The carriers are going to lobby for the laws and regulations they need, and they’re going to do the deals they need to do. The new system will be theirs, not ours. The NEA principle–Nobody owns it, Everybody can use it, Anybody can improve it–so familiar to the Free Software and Open Source communities will prove to be a temporary ideal, a geek conceit. Code is not Law. Culture is not Free. From the Big Boys’ perspective, code and culture are stuff nobody cares about.

That’s us: Nobody.

The new carrier-based Net will work in the same asymmetrical few-to-many, top-down pyramidal way made familiar by TV, radio, newspapers, books, magazines and other Industrial Age media now being sucked into Information Age pipes. Movement still will go from producers to consumers, just like it always did. Meet the new boss, same as the old boss. Literally.

The deals that matter will be done between tops of pyramids. Hey, it’s easier to do business with the concentrated few than the dispersed many. The Long Tail can whip itself into a frenzy, but all the tech magazines and blogs in the world are no match for the tails and teeth of these old sharks. (Hey, Long Tailer, when’s the last time you treated your erected representatives to private movie screenings, drafted their legislation, ghosted their committee reports, made a blockbuster movie or rolled fiber across oceans?)

Google and Yahoo and Amazon and eBay and e-commerce and free software and open source and blogging and podcasting and all the rest of that idealistic junk have had their decade in the sun. Hell, throw in Apple and Microsoft, too. Who cares? Them? Doesn’t matter how big they are. They don’t matter. They’re late to the game.

We all know the content business got clobbered by this peer-to-peer crap. But the carriers took a bath by building out the Net’s piped infrastructure. They sank $billions by the dozen into fiber and copper and routers and trunks, waiting for the day when they’d be in a position to control the new beast fleshed on the skeleton that they built.

That Day Has Come.

It came earlier this month, when the November 7, 2005, issue of BusinessWeek hit the Web’s streets. In that issue are “Rewired and Ready for Combat” and “At SBC, It’s All About ‘Scale and Scope’”, which features an interview with Edward Whiteacre, CEO of SBC. Here’s the gist of it:

How concerned are you about Internet upstarts like Google (GOOG), MSN, Vonage, and others?

How do you think they’re going to get to customers? Through a broadband pipe. Cable companies have them. We have them. Now what they would like to do is use my pipes free, but I ain’t going to let them do that because we have spent this capital and we have to have a return on it. So there’s going to have to be some mechanism for these people who use these pipes to pay for the portion they’re using. Why should they be allowed to use my pipes?

The Internet can’t be free in that sense, because we and the cable companies have made an investment and for a Google or Yahoo! (YHOO) or Vonage or anybody to expect to use these pipes [for] free is nuts!

What’s your approach to regulation? Explain, for example, the difference between you and Verizon in how you are approaching regulatory approval for Telco TV [digital-TV service offered by telecoms].

The cable companies have an agreement with the cities: They pay a percentage of their revenue for a franchise right to broadcast TV. We have a franchise in every city we operate in based on providing telephone service.

Now, all of a sudden, without any additional payment, the cable companies are putting telephone communication down their pipes and we’re putting TV signals. If you want us to get a franchise agreement for TV, then let’s make the cable companies get a franchise for telephony.

If cable can put telephone down their existing franchise I should be able to put TV down my franchise. It’s kind of a “what’s fair is fair” deal. I think it’s just common sense.

What if the regulators don’t agree?

Then there won’t be any competition–there will be a cable-TV monopoly.

I know you’re a competitive person. Who are your biggest competitors?

Our big competition in the future is with the cable companies. Verizon’s going to be a player, and certainly I want to compete. And I want our shareowners to do better than anyone else.

If I were BusinessWeek, I’d ask:

What about the free and open marketplace that has grown on the Net itself? Do you have any interest in continuing to support that? Or in lobbying forms of deregulation that foster it? Or are you just in a holy war with the cable companies inside the same old regulatory environment you’ve known since forever?

I’d ask:

If you were to buy, say, Level 3, would you start to filter and restrict content at the transport level, to extract the profits you want, without regard for other market consequences? Would Cisco, builder of the great Firewall of China, help out?

I’d ask:

Which do you prefer: The regulatory environment where your business has adapted itself for more than a century, or a completely free and open marketplace like the rest of us enjoy sitting on top of your pipes?

Whiteacre’s answers, of course, would be less relevant than the obvious vector of his company’s intentions. For a summary of that, let’s return to Lauren Weinstein of People for Internet Responsibility:

Of course, the truth of the matter is that the telcos have been moving rapidly through massive consolidation–and a range of other tactics–to create an environment where “competition” will only be a pale reflection of what we were originally promised, with only a few gigantic players in control of all telecom resources and policies. Like the robot cop in Terminator 2 that reformed from blown-apart mercurial blobs of metal, the “golden age” of telecom competition is already giving way to empire.

Don’t blame BusinessWeek for not asking the important questions or for missing the Carriers vs. Net story. Biz pubs love to cover vendor sports. And there’s certainly a big story here.

Great distraction, vendor sports. While we’re busy watching phone and cable giants fight over a closed battlefield that ought to be open, we miss Net-hostile moves by other parties that result in other lost freedoms.

Take ICANN, for instance, where a new .com Registry Agreement allows Verisign to raise the rates for .com names by 7% annually, and to operate .com in perpetuity, and to “mak[e] commercial use of, or collect, traffic data regarding domain names or non-existent domain names”, and to reap other rewards for what few other than Verisign would agree is a good job. Bret Faucett summarizes the darkest shadow across the noir scenario we’ve already described:

The theme running through all of these is that ICANN and Verisign are treating the .COM registry as a private resource. It’s not. The root servers and TLD servers are public resources. We should treat them like that.

Bret has one of the most eloquent voices in the wilderness of clues the Big Boys would rather avoid. So does Susan Crawford, who was just, perhaps miraculously, named to the ICANN board.

For Bret, Susan and the rest of the restless natives of this new world, what matters most is Saving the Net–keeping it a free and open marketplace for everybody–while also making sure that carriers of all kinds can compete and succeed while providing much of the infrastructure on which that marketplace resides. That means we need to understand the Net as more than a bunch of pipes and business on the Net as more than transporting and selling “content”.

This isn’t a trivial issue. It’s a matter of life and death for the Net itself. How are we going to fight?

Read on.

You can do that here. Also dig Marvin Ammori’s own follow-up.

Meanwhile the Net continues to cry out for a definition all can agree on. Toward that goal, I wrote this in The Intention Economy:

To simplify things a bit, look at the Net’s future as a battleground where any and only fight it out. On the side of any are the Net’s protocols. On the side of only are governments and businesses with interests in restricting and controlling access to the Net, and thwarting many purposes to which the Net might be put. This battle also happens inside our own heads, because we tend to view the Net both ways. Ironies abound.

For example, the Internet is often called a “network of networks,” yet the Net was designed to transcend the connections it employs, and is therefore not reducible to them. It is not comprised of wiring, and is not a “service,” even though it’s called one by ISPs.

So let’s look at the sides here. On the any side, “net-heads” (yes, they call themselves that) frame their understanding of the Net in terms of its protocols, and those protocols’ virtues. On the only side, “bell-heads” (yes, they call themselves that, too) frame their understanding of the Net in terms of wiring infrastructure and billing systems.

To net-heads, the Internet is a vast new virtual space with qualities such as neutrality and generativity. To maximize economic opportunity and vitality, those virtues need to be maximized—even if phone and cable TV businesses don’t wish to acknowledge or support those virtues.

To bell-heads, the Internet’s “network of networks” is a collection of mostly private properties, with which owners should be free to do what they please. So, if what pleases them is throttling certain kinds of data traffic to maximize QoS (Quality of Service), too bad. They are The Market, which will grow best if they act in their own economic self-interest. Hey, look at all the good they’ve done already. (Want dial-up again, anyone?) And look at the robust competition between cable and phone companies. Isn’t that producing enough economic benefits for everybody?

Since net-heads tend to make social arguments while bell-heads tend to make economic ones, net-heads get positioned on the left and bell-heads on the right. Between the two are boundless technical arguments that aren’t worth getting into here.

I’m a net-head, but one who wants both sides to recognize that the Net’s original design is encompassing and beneficial for economies and societies everywhere. That is, I believe the argument for the Net is the same as the one for gravity, sunlight, the periodic table and pine trees: that it is part of nature itself. What makes the Net different from all those other products of Nature is that humans made the Net for theselves.

The Net’s nature—its essential purpose—is to support everything that uses it, just as the essential purpose of a clock is to tell time. So, while the Net today relies on phone and cable connections, its support-everything purpose should not be subordinated to legacy phone and cable TV businesses. The Internet, in the neutral and generative form defined by its protocols, is a far larger and more interesting market environment than the one defined by the parochial and limited interests of phone and cable companies, both of which are desperately trying to hold on to their legacy businesses, and would be better served by embracing all the opportunities the Internet opens up, for everybody.

We’re going to evolve past those old businesses anyway. Phone and cable company engineers know that, and so do many of the business leaders in those companies, even as they fight to protect their legacy businesses at all costs.

As a pro-business guy, I sympathize with phone and cable companies, which are cursed by the need to maintain margins in existing business while building out infrastructures that obsolete those businesses (at least as we know them). These companies get little credit (especially from net-heads) for their genuine innovations, and for their ability to innovate more. We do need them, whether we like them or not…

So, then

The Net’s capacity to support limitless economic activity and growth will win in the long run because it will prove out in the very marketplaces it support. But there will be a great deal of resistance along the way, as the narrow interests of both Big Government and Big Business try to contain the Net’s potential within the scope of their own ambitions. Still the evolutionary direction of the Net is toward ambient connectivity. Whatever that looks and feels like, it won’t resemble either the phone system or cable TV. Rather it will look like everything, together.

That’s the long-term optimistic view. Meanwhile, there is much cause for pessimism in the short term.

« Older entries