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So I’m at Micah Sifry’s Politics of the Internet class at the Kennedy School, and risk live-blogging it (taxing my multitasking abilities…)

Some questions in the midst of dialog between Micah (@Mlsif) and the class (#pol-int)…

  • Was there a $trillion “internet dividend” over the old phone system, and was it a cost to the old system?
  • Did the Internet have to happen?
  • Is the IETF‘s “rough consensus and running code” still a prevailing ethos, or methodology?
  • Is it an accident that the rough consensus above is so similar to the #Occupy methods?
  • When you add value, do you also subtract value? (And did I — or David Weinberger and I) actually say that in World of Ends?)
  • Does this new un-owned decentralized medium cause or host culture?
  • How is the Internet used differently in different societies? (Assertion: it’s not monolithic.)
  • What is possible in a world where we assume connectivity?
  • What are the major disruptive effects?
  • What is the essence of the starting point in the early connection of computers? (What is the case for the Net, and how would you make it to, say, a legislator? Or you’re in an elevator with your boss, and you want to make the case against legislating how the internet is structured?)

Topics brought up:

  • Net-heads vs. bell-heads (the Net as its transcendant protocols vs. the Net as a collection of owned and controlled networks)
  • Commercialization
  • Authentic voice
  • Before and after (what if Compuserve and AOL had won?)
  • How can we speak of a giant zero when companies and governments are being “smart” (either through government censorship or carrier limitations, including the urge to bill everything, to pick a couple of examples)

My Linux Journal collection on the topic (from a lookup of “giant zero”):

Well, I wrote down nothing from my own talk, or the Q & A following. But there are clues in the tweet stream (there’s some funky html in the following… no time to fix it, though):

dskok David Skok
 An excellent read re: the battle @dsearls was referring to. I recommend @scrawford‘s @nytimes op-Ed: nytimes.com/2011/12/04/opi… #pol-int
NoreenBowden Noreen Bowden

 @dsearls! #pol-int Death From Above – 1995 essay by John Barlow on future of internet. w2.eff.org/Misc/Publicati…
dskok David Skok

 .@dcsearls reading list: Death from above by John Perry Barlow: w2.eff.org/Misc/Publicati… #pol-int
NoreenBowdenNoreen Bowden
Stanford prof leaves to start online university. allthingsd.com/20120125/watch… #pol-int
dsearls Doc Searls
My live blog from @mlsif‘s #pol-int class: hvrd.me/xd3Iki #politics #internet
NaparstekAaron Naparstek

 Tweet “+1″ if you think @MlSif should slide over 3 feet to his left or right so the classroom projector isn’t shining on his face. #pol-int
dskokDavid Skok

 Listening to @docsearls referring to the Internet Protocol Suite: en.wikipedia.org/wiki/Internet_… #pol-int
NaparstekAaron Naparstek

 ”Anyone can join it and work to improve it.” @Mlsif: Is it a coincidence that #OWS and the Internet are structured so similarly? #pol-int
NaparstekAaron Naparstek

 Testing live classroom Twitter feed @Mlsif‘s new @Kennedy_School course, “The Politics of the Internet.” #pol-int
dsearlsDoc Searls

 Fun to be sitting in on @Mlsif‘s #pol-int class, described here: hvrd.me/w3hCbI
 MlsifMicah Sifry
I hadn’t realized up til now just how much the IETF and its working groups resemble Occupy Wall St and its working groups. #pol-int

Enjoyed it. The class will be blogging. Look forward to reading those too.

Read here about Raditaz, which I hadn’t heard about before. It’s a competitor to Pandora. Some differences: unlmited skips, no ads, geo-location.

I started out by setting up three “stations,” based on three artists: Lowell George, Seldom Scene and Mike Auldridge. I’m on the Mike Auldridge station now, and guess what comes up? Dig:

Mike Auldridge 8-string swing

Not just a great Mike Auldridge album cut, but a cover by Ray Simone, my late good friend and business partner, about whom I wrote this yesterday and this last month. It’s like seeing a friendly ghost.

Anyway, some first impressions and thoughts…

  • Need an Android and iPad app [Later... See the top comment below, with better information than I had when I first wrote this.]
  • Would like integration with creative terrestrial stations like KEXP, KCRW, WMBR, WFUV, et. al. (I other words, FM still cuts it. Think symbiosis, not just competition)
  • Would like opportunity for comments with skips, thumbs up and thumbs down. A skip isn’t always a dislike, or a preference. Sometimes it’s just curiousity at work.
  • The Twitter link works well. Give us a short URL for the current song.
  • Need more genres and decades. How about the ’50s?
  • Idea: Let listeners add their own audio — to be their own DJs — for some of the tunes. Make the ability a paid premium service
  • Work with the VRM development community on EmanciPay. Hey, some of us might like to pay more per play than SoundExchange wants. If you’re interested, DM me at @dsearls or dsearls at cyber dot law dot harvard dot edu.
  • Add a back button.
  • Make one’s whole listening history available as personal data one can copy off and use on their own.
  • RadioInk has quotage from the CEO, Tom Brophy, from this week’s launch announcement. I’d like to find that from a link at Raditaz.com.
  • Says here, “when you create a new station, your station is automatically assigned geographical coordinates so other users can find your station in our map view or when browsed on our explore page.” That’s cool, but what if my head or heart aren’t really where I am when I create a station? I do like exploring the map, though. Listening right now to Johnny Cash from Cleveland, while I’m in Boston.
  • Integrate with Sonos.

Gotta go. But that’s a start.

Reality 2.0 was my original blog: a pile of stuff I wrote before there were blogs. All of it is old now, but some of it still rings new. Since Reality 2.0 is deep in the Searls.com basement, I’ve decided to surface some old pieces that might be interesting, for whatever reason. The one below was first written on April 16 1998, about a year before Chris Locke, Rick Levine, David Weinberger and I put up The Cluetrain Manifesto, and updated one year later to recognize Cluetrain’s successful launch on the Web that month. It was still nearly a year before Cluetrain appeared in book form, and a decade before the 10th Anniversary Edition.

Never mind that Lycos, HotBot, Tripod and WhoWhere are blasts from the past. Note instead that these are zombies that were once hot stuff, and led by CEOs that talked very much like the CEOs walking around today. Note also how little progress we’ve actually made toward Cluetrain’s ideals.

Here goes:

Listen up

“All I know is that first you’ve got to get mad. You’ve got to say, I’m a human being, goddammit! My life has value! So I want you to get up now. I want all of you to get up out of your chairs. I want you to get up right now and go to the window, open it, and stick your head out, and yell, ‘I’m as mad as hell, and I’m not going to take this anymore!’”

— Howard Beale, in Network, by Paddy Chayevsky


Bob Davis is the CEO of Lycos, Inc., whose growing portfolio of companies (excuse me, portals) now includes Lycos, Hotbot, WhoWhere and Tripod. I’m sure Bob is a great guy. And I’m sure Lycos is a great company. A lot of people seem to like them both. And you have to admire both his ambition and his success. To witness both, read his interview with PC Week, where he predicts that the Lycos Network (the sum of all its portals) will overtake Yahoo as “#1 on the Web.”

Lycos will win, Davis says, because “We have a collection of quality properties that are segmented into best-of-breed categories, and our reach has been catapulting.”

I can speak for Hotbot, which is still my first-choice search engine; but by a shrinking margin. I often test search engines by looking for strings of text buried deep in long documents on my own site. Hotbot always won in the past. But since Lycos bought it, Hotbot has become more of a portal and less of a search tool. Its page is now a baffling mass of ads and links. And its searches find less.

In today’s test, Infoseek won. Last week, Excite won. Both found pages that Hotbot seems to have forgotten.

Why? Bob Davis gives us a good answer.

“We’re a media company,” he says. “We make our money by delivering an audience that people want to pay for.”

Note the two different species here: audience and people. And look at their qualities. One is “delivered.” The other pays. In other words, one is cargo and the other is money.

Well, I don’t care if Lycos’ stock goes to the moon and splits three times along the way. The only #1 on the Web is the same as the only #1 on the phone: the people who use it. And the time will come when people will look at portals not as sources of “satisfying experiences” (another of Davis’ lines) but as useless intermediaries between supply and demand.

 Words of Walt

You there, impotent, loose in the knees,

open your scarfed chops till I blow grit within you.

Spread your palms and lift the flaps of your pockets.

I am not to be denied. I compel.

It is time to explain myself. Let us stand up.

I know I am solid and sound.

To me the converging objects of the universe perpetually flow.

I know that I am august,

I do not trouble my spirit to vindicate itself

or be understood.

I see that the elementary laws never apologize..

Walt Whitman, from Song of Myself

“Media company” guys like Davis are still in a seller’s market for wisdom that was BS even when only the TV guys spoke it — back when it literally required the movie “Network.” That market will dry up. Why? Because we’ve been mad as hell for about hundred years, and now we don’t have to take it anymore.

Three reasons.

  1. Humanity. This is what Walt Whitman reminded us about more than a hundred years ago. We are not impotent. Media companies may call us seats and eyeballs and targets, but that’s their problem. They don’t get who we are or what we can — and will — do. And the funny thing is, they don’t get that what makes us powerful is what they think makes them powerful: the Internet. It gives us choices. Millions of them. We don’t have to settle for “channels” any more. Or “portals” that offer views of the sky through their own little windows. Or “sticky” sites that are the moral equivalent of flypaper.
  2. Demand. There never was a demand for messages, and now it shows, big time. Because the Internet is a meteor that is smacking the world of business with more force than the rock that offed the dinosaurs, and it is pushing out a tsunami of demand like nothing supply has ever seen. Businesses that welcome the swell are in for some fun surfing. Businesses that don’t are going to drown in it.
  3. Obsolescence. Even the media guys are tired of their own B.S. and are finally in the market for clues.

Alvin Toffler had it right in The Third Wave. Industry (The Second Wave) “violently split apart two aspects of our lives that had always been one… production and consumption… In so doing, it drove a giant invisible wedge into our economy, our psyches … it ripped apart the underlying unity of society, creating a way of life filled with economic tension.” Today all of us play producer roles in our professions and consumer roles in our everyday lives. This chart shows the difference (and tension) between these radically different points of view — both of which all of us hold:

Producer view
Consumer view
Metaphor Business is shipping (“loading the channel,” “moving products,” “delivering messages”) Business is shopping (“browsing,” “looking,” “bargaining,” “buying”)
Orientation Business is about moving goods from one to many (producers to consumers) Business is about buying and selling, one to one
Markets Markets are shooting ranges: consumers are “targets” Markets are markets: places to shop, buy stuff and talk to people
Relationships Primary relationshiphs are with customers, which are more often distributors & retailers rather than consumers Primary relationships are with vendors, and with other customers

These are all just clues, which are easily deniable facts. Hence a line once spoken of Apple: “the clue train stopped there four times a day for ten years and they never took delivery.” But Apple was just an obvious offender. All of marketing itself remains clueless so long as it continues to treat customers as “eyeballs,” “targets,” “seats” and “consumers.”

For the past several months, I have been working with Rick Levine, David Weinberger and Chris Locke on a new railroad for clues: a ClueTrain.

Our goal is to burn down Marketing As Usual. Here is the logic behind the ambition:

Markets are conversations

Conversations are fire

Marketing is arson

The result is here — in what The Wall Street Journal calls “presumptuous, arrogant, and absolutely brilliant.”

Take a ride. If you like it, sign up. Feel free to set fires with it, add a few of your own, or flame the ones you don’t agree with. What matters is the conversation. We want everybody talking about this stuff. If they do, MAU is toast.

Here is my own short form of the Manifesto (inspired by Martin Luther, the long version has 95 Theses). Feel free to commit arson with (or to) any of these points as well.


Ten facts about highly effective markets:

  1. Markets are conversations. None of the other metaphors for markets — bulls, bears, battlefields, arenas, streets or invisible hands — does full justice to the social nature of markets. Real market conversations are social. They happen between human beings. Not between senders and receivers, shooters and targets, advertisers and demographics.
  2. The first markets were markets. They were real places that thrived at the crossroads of cultures. They didn’t need a market model, because they were the model market. More than religion, war or family, markets were real places where communities came together. They weren’t just where sellers did business with buyers. They were the place where everybody got together to hang out, talk, tell stories and learn interesting stuff about each other and the larger world.
  3. Markets are more about demand than supply. The term “market” comes from the latin mercere, which means “to buy.” Even a modern market is called a “shopping center” rather than a “selling center.” Bottom line: every market has more buyers than sellers. And the buyers have the money.
  4. Human voices trump robotic ones. Real voices are honest, open, natural, uncontrived. Every identity that speaks has a voice. We know each other by how we sound. That goes for companies and markets as well as people. When a voice is full of shit, we all know it — whether the voice tells us “your call is important to us” or that a Buick is better than a Mercedes.
  5. The real market leaders are people whose minds and hands are worn by the work they do. And it has been that way ever since our ancestors’ authority was expressed by surnames that labeled their occupations — names like Hunter, Weaver, Fisher and Smith. In modern parlance, the most knowledge and the best expertise is found at the “point of practice:” That’s where most of the work gets done.
  6. Markets are made by real people. Not by surreal abstractions that insult customers by calling them “targets,” “seats,” “audiences,” “demographics” and “eyeballs” — all synonyms for consumers, which Jerry Michalski of Sociate calls “brainless gullets who live only to gulp products and expel cash.”
  7. Business is not a conveyor belt that runs from production to consumption. Our goods are more than “content” that we “package” and “move” by “loading” them into a “channel” and “address” for “delivery.” The business that matters most is about shopping, not shipping. And the people who run it are the customers and the people who talk to them.
  8. Mass markets have the same intelligence as germ populations. Their virtues are appetite and reproduction. They grow by contagion. Which is why nobody wants to admit belonging to one.
  9. There is no demand for messages. To get what this means, imagine what would happen if mute buttons on remote controls delivered “we don’t want to hear this” messages directly back to advertisers.
  10. Most advertising is unaccountable. Or worse, it’s useless. An old advertising saying goes, “I know half my advertising is wasted. I just don’t know which half.” But even this is a lie. Nearly all advertising is wasted. Even the most accountable form of advertising — the junk mail we euphemistically call “direct marketing” — counts a 3% response rate as a success. No wonder most of us sort our mail over the trash can. Fairfax Cone, who co-founded Foote Cone & Belding many decades ago, said “Advertising is what you do when you can’t go see somebody. That’s all it is.” With the Net you cango see somebody. More importantly, they can see you. More importantly than that, you can both talk to each other. And make real markets again.

 

Hassle House poster panel

That’s what many thought when they first saw the poster for Hassle House, in Durham, North Carolina, back in ’76 or so. As soon as any of the posters went up, they disappeared, becoming instant collectors’ items. At the time, all I wanted was to hire the cartoonist who did it, so he could illustrate some of the ads I was creating for a local audio shop. That cartoonist was the polymath Ray Simone, who went on to become the creative leader of Hodskins Simone & Searls (HS&S), the advertising agency I co-founded with Ray and David Hodskins, in 1978, and which thrived in North Carolina and Silicon Valley for the next two decades.

When I put up Remembering Ray, which (among much else) expressed my wish to re-surface the Hassle House poster, Jay Cunningham said in a comment that he could scan his copy. Which he did, and the results are here. In another comment Rob Gringle gives more of the back-story than I had known at the time.

Before HS&S, David and Ray were both with a small “mutilple media studio” called Solar Plexus Enterprises, which grew out of the Duke Media Center. Also there was Helen Hudson Whiting, who was a first-rate epicure as well as the fastest and most capable typesetter I had ever known. I just looked Helen up and found this nice write-up from Duke Magazine Books:

In Helen’s Kitchen: A Philosophy of Food


By Helen Hudson Whiting. Regulator Bookshop, 2000. 241 pages. $17.95.

In the text below is this:

Helen Hudson Whiting ’75 was, among other things, a bookseller and co-owner of Durham’s Regulator Bookshop, a reader, a writer, and an amateur chef. For nineteen years, she wrote food commentaries for Triangle area publications: first for WDBS-FM’s The Guide, and then for The Independent.

In Helen’s Kitchen, organized posthumously and edited by her friends and colleagues, features an eclectic selection of these columns, as well as remembrances from people who knew Whiting and cherished her enterprising, adventurous culinary attitude and her zest for pleasure and her keen intellect.

I worked with Ray, Helen and David at Solar Plexus before we founded HS&S, and Helen continued to work alongside the new agency, doing most of our typesetting. So she became a good friend as well.

But that’s not my point here. My point is that ours was a special community, and at the beginning of many things, although we didn’t know it at the time.

At Ray’s memorial gathering in Pacifica last Sunday, Steve Tulsky made that point beautifully. He said our artsy-hippie community in Durham and Chapel Hill back then was a special group. Much was born there, in music, art, performance, writing, publishing, business, events, and other fields. The Independent, modeled by The Guide, is still going strong. So is the Regulator Bookshop. WDBS is long gone. So are WQDR and WRDU (as what they were then, anyway), which carried forward the radio torch WDBS lit when it went on in 1971. But their spirits survive in Good Radio everywhere. The Festival for the Eno, still going strong, began as the Folklife Festival, in 1976, on the country’s bicentennial. WDBS was highly involved, as the station broadcasting the many musical acts playing there. (Perhaps some old tapes still survive.)

While I was working with David, Ray and Helen at Solar Plexus in ’77, I also worked with the Psychical Research Foundation, which studied scientifically evidence for life after death, and was located at Duke University. The PRF spun off of the Foundation for Research on the Nature of Man, led by J. B. Rhine, who launched the whole parapsychology field out of research he conducted at Duke in the 1930. Among the many decendents of that work is the Institute of Noetic Sciences, headed by Marilyn Schlitz, another member of our community back in the decade.

Here’s another weird connection. One of the central institutions of that time in Durham was the Durham Bulls single-A baseball team, which played at an old athletic field surrounded by brick tobacco warehouses. It was a special team at a special time and place. You might remember the movie about it.

Anyway, I just wanted to bring back to the foreground some of what we’ve lost or forgotten from that wonderful formative period in so many lives, and in so many ways.

Subway car interior

When I was young, New York subways were dirty, noisy and with little risk of improvement. But, even if the maps weren’t readable (as with this 1972 example), there were lots of them.

Now the subways are much nicer, on the whole, and being improved. But there is now a paucity of maps. In fact, I notice an inverse relationship between the number of maps and the number and size of ads in subways and on subway cars. Some of the cars, such as the one above, have an all-advertising decor, in addition to the usual cards in frames.

Since loud panhandlers are also common past the threshold of annoyance in subway cars, I found myself yesterday tempted to stand up and say,

“EXCUSE ME, LADIES AND GENTLEMEN. I’M NOT HERE TO ASK FOR YOUR MONEY, BUT JUST TO DRAW YOUR ATTENTION TO A SHORTAGE OF SUBWAY MAPS AND AN ABUNDANCE OF ADVERTISING. THANK YOU VERY MUCH AND HAVE A GOOD DAY.”

… and then sit down. Who knows? Might help.

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

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

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

I also said this:

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

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

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

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

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

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

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

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

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

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I got to know Judith Burton when she was still Judith Clarke and Senior VP Corporate Marketing for Novell, in 1987. Novell had just bought a company called CXI, which had been a client of Hodskins Simone & Searls, the Palo Alto advertising agency in which I was a partner. By that time HS&S had come to specialize in communications technology clients, and the chance to do something with Novell as well seemed more than opportune, since it was clear that Novell was smarter about comms than just about anybody at that time.

So David Hodskins came up with the idea of putting together a “connectivity consortium” made up of Novell and several other HS&S clients. In seeing connectivity as a hot topic on the horizon, David was way ahead of everybody’s time. But that made it perfect for the two most forward-thinking minds at Novell: Judith and Craig Burton, who would later become her husband.

I didn’t know Craig before I pitched Judith on the connectivity consortium idea — and she took the bait. She brought Craig to our first meeting, and the two of them together blew my mind. Judith saw no boundaries to what could be done with marketing, and Craig saw the Big Picture of connectivity better than anybody I had ever met, before or since.

In the short term, over subsequent conversations and meetings, I saw how it was that Novell changed the networking conversation so quickly and completely. It was during these learnings that I came up with the “markets are conversations” line that became the first thesis of The Cluetrain Manifesto, more than a decade later. Because Novell was busy proving it, more than any other company in technology at that time.

Just a few years earlier, the network conversation was mostly about “pipes and protocols.” Data Communications and Communications Week were the leading trade pubs in the space, fat with stories and ads that pushed and compared the virtues of Ethernet vs. Token Ring and bus vs. ring vs. star topologies. Every vendor sold whole networks from the wires on up, including everything that ran on those wires, file servers, network interface cards in the backs of PCs, and applications. If you bought a Sytek or a Corvus network, you couldn’t use anybody else’s hardware, software or wiring. Every vendor had its own silo (or, in some cases, such as IBM’s, an assortment of silos). And it occurred to almost nobody that there should be a choice other than silos and lock-ins.

It was Craig Burton’s idea make Novell’s NetWare a “Network Operating System” (NOS) that could run on everybody’s hardware and wiring. NetWare thus became a new platform for network services that could run everywhere, starting with group file storage (the first local “cloud,” you might say), and printing.

But nobody talked about networking on Novell’s terms until Judith Clarke literally invented whole new venues for network conversations. These included a magazine (LAN Times), a trade show (NetWorld), a reseller channel and a class of networking professionals (Certified Netware Engineers, or CNEs). By the end of the Eighties the world talked about networking in terms of capabilities and services rather than of pipes and protocols.

One move that stands out for me was Novell’s decision to drop its grandfathered position at the center of the Comdex show floor (this was when Comdex was one of the biggest trade shows on Earth) and rent ballroom space next door on the ground floor of the Las Vegas Hilton. So rather than show stuff off on the floor with everybody else, Novell set up a storefront and business meeting space right where the traffic was thickest. And it worked.

As Craig put it to me a few days ago, ”She changed the industry in the way she approached people and ideas, taking a podunk company in Provo and making it look like it owned the planet — which, in many ways, it did. And she unselfishly gave credit to everybody else all along the way.”

Novell began to slide after Judith and Craig left the company, in 1989. With the Burtons gone, Novell forgot where it came from. While Judith and Craig liked to zig where Microsoft zagged, and to embrace Microsoft’s — and everybody else’s — platforms and technologies, Novell CEO Ray Noorda preferred to attack Microsoft head-on, by acquiring already-lame competitors (remember WordPerfect?) and failing over and over to make a dent in Microsoft’s hull. It was sad to watch.

For reasons I forget, the connectivity consortium didn’t happen, but I got to be close friends of both Judith and Craig, and have remained so ever since. I also consulted the couple after they left Novell to co-found The Burton Group with Jamie Lewis, another brilliant Novell veteran.

A few years later Judith and Craig moved on to consulting on their own. (Under Jamie’s continued leadership The Burton Group was sold to Gartner a couple years ago.) Craig especially has been a steady source of original thinking on countless subjects. Judith sometimes participated in projects with Craig, but mostly focused on philanthropic and civic projects, and time with family. (Here is her Linkedin profile.)

On Tuesday of this week she collapsed at her home, and died later in the hospital. Her death is a shock to everybody. Even though she hit a few medical bumps this past year, she seemed to be doing better. And she was just 66. Being 64 myself, I consider that age way too young for life’s end.

My heart aches for Craig, and for Judith’s kids and grandkids, whom she adored. In my own memory, her amazing blue eyes, bright smile and sweet voice persist. She was a beautiful woman, as well as a smart, creative and loving one. The picture above gives just a hint toward all of that.

It does bother me a bit that her death has not made bigger news. If she had passed during her heyday at Novell, the news would have been huge. But then, the news ain’t what it used to be, and will continue to evolve away from the old top-down few-to-many systems. The Internet is everybody’s connectivity consortium now.

We didn’t end up needing Data Communications, Comms Week, LAN Times, NetWorld, Comdex or countless other once-sturdy institutions that were obsoleted by something Craig and Judith both saw coming long before it arrived: the ability of anybody to connect with anybody, outside of any one company’s system for trapping customers and users.

Judith’s work back in the decade helped make the future in which we now all live and thrive. We’ll miss her, but we won’t miss each other. To Judith, all of us were the people networks were for. And now we have that, regardless of how hard any company or government works to lock us back into silos or limit what we can do in them. Had she been less loving, I doubt she would have seen that, or worked so well at what she did for all of us.

[Later...] Here is an email from Jamie Lewis that fell through the cracks when it arrived (apologies for that):

I first met Judith in 1984, when I was working for a publication for PC retailers. I was writing about PC networking, so I inevitably met both her and Craig in my coverage of Novell. I started getting to know Judith in 1985, when the magazine I was working for folded, and Novell offered me a job in the corporate marketing department.

As many people know, there’s a very long list of things Judith did in making Novell the company it was in its hey day. She founded the LAN Times, a corporate newspaper devoted to networking. (Yes, it sounds obvious today. But in 1983, not so much. And there are more than a few technology writers still working today that earned their chops writing for the LAN Times.) She created the NetWorld tradeshow. (Again, obvious or even antiquated in today’s context, but then, it was the first of its kind.) She built a PR and marketing machine, complete with relentless press tours, events, and other efforts to get the NetWare word out.

The list goes on. But that list is just that—a list. While most, if not all, of the stuff on that list was important, innovative, and impactful, it really doesn’t do the woman justice to simply enumerate things on a list. She was more than the sum of the items on that list.

If you look the word “dynamic” up in the dictionary, you’ll find Judith’s picture there. When she walked into the room, the room changed. She commanded attention. She ran the show. She exuded authority and confidence. This could rub some people the wrong way, but it is what made her successful. That she accomplished what she did in a time and place that wasn’t exactly ideal for a career-oriented woman says a lot about her resolve.

And that gets to the most important thing I learned from her, something that I think was at the heart of why Novell did so well during her tenure. Simply put, it’s this: Have the balls to act like who or what you want to become. If you wait until you are that to start acting like that, you’ll never be that.

It’s clear how this approach worked so well for Novell. When I joined, Novell had about 250 employees. Its revenues were microscopic in comparison to the “big guys” – IBM, Digital Equipment and, later, Microsoft – that it was challenging while simultaneously doing battle with a host of similarly sized companies on the other.

But I can’t tell you how many times I heard people say, “Wow, I thought Novell was a lot bigger than that,” when they heard how many employees we had, or what annual revenues were at the time. Novell in every way looked and behaved like it belonged in the big leagues—like a much bigger company—due in large part to Judith’s skills in marketing and communications. It’s a mistake to underestimate how important this was to Novell’s success.

The fact that NetWare was a great product certainly helped. But we all know that the information technology market is littered with the corpses of companies that had great technology but didn’t know how to market it or sell it. Judith’s ability to position Novell played no small part in ensuring the success of what was a very good product. Because Novell acted like it belonged in the big leagues, it did belong. This raised the customers’ comfort level, making it easier for them to bet on a small company for such an important product. It also forced much larger companies, such as DEC and IBM, to treat Novell as a peer.

I can distinctly remember when I realized how important this was. We were in final competition with DEC for a very large deal with a very large company. A Fortune 200 company. If we got the business, it would be a major win, a win at the “corporate standard” level, the kind of win that would be a major milestone. During the final stages of the competition, DEC issued a 30-page white paper that we later subtitled “why NetWare causes cancer in rats”. The sales person on the account phoned me in an absolute panic. The paper was full of misinformation, she said, and she was afraid the customer was going to believe it. I told her that we first needed to thank DEC for establishing Novell as a legitimate competitor in the eyes of the customer. We would respond to the paper, I said, but would be careful not to spoil the big favor DEC had just done for us. We did respond, but in the high road fashion that Judith (and Craig) established as our modus operandi, the approach that drove my initial answer to the call. And we won the business.

That positioning also made Novell look superior in comparison to the companies that were much closer to it in size and revenue. 3Com was our nemesis, the one company that everyone in our company loved to hate. Yes, 3Com was hardware to Novell’s software, which is why NetWare prevailed. But NetWare also succeeded because Judith was so good at positioning Novell, establishing software as the issue in the market and forcing 3Com (and later Microsoft and IBM) to fight on Novell’s terms.

There were, of course, a very large number of people responsible for making Novell what it was. It’s also nice to be on the right side of the issue, and there’s no question that Novell and NetWare were in the right place at the right time. But the attitude, the positioning, and the messaging that was Novell’s essence during that amazing run in the 80s and early 90s, that was all Judith. Novell wouldn’t have been the same company without her efforts. That win over DEC, for example, wouldn’t have happened without the months and years of relentless and effective marketing that preceded it. And I don’t think the correlation between Judith’s personality and Novell’s was any coincidence. Novell had the audacity to act like it belonged because Judith did.

Years later, at Burton Group, whenever I heard people say they thought we were bigger than we actually were, I never failed to think of Judith. We carried that same attitude, a willingness to believe and act like we belonged. I learned a great deal from Judith, but it’s that lesson that had the biggest impact. She and Craig took a chance on a journalism major that had never written a line of code, and for that I will be forever grateful. She inspired and drove those around her to be better, to be what they aspired to be. I think I can speak for all of the people who knew and worked with her when I say she’ll be missed, and that we appreciate what she did for us, and for the industry she played such a large part in creating.

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Leveraging Hal

Hal Crowther remains my favorite essayist, regardless of whether or not I agree with him. (And on some things I don’t.) Like Hunter S. Thompson, Hal’s writing is beyond enviable and his characterizations often over the top. Here’s some of his latest, addressed to the #Occupy movement:

“Go get a bath right after you get a job,” snarls Newt Gingrich, an influence-peddler who’s had no legitimate job for 15 years and exists only to give the word “hypocrisy” a human face.

My sympathies are obvious. What you in the tents can accomplish remains to be seen. But what I think I see, through the media fog of polarized America, is the return of the full-fledged idealists (as opposed to single-issue idealists) who seemed to go underground around 1980, possibly because the mass media abandoned them during the mudslide of self-celebration that began with Reaganism and culminated in Facebook.

I say God bless them, and God will if he still has any investment in the United States of America. The Goliath they challenge has crushed a thousand Davids. The good news is that “the kids” are right on target. Their diagnosis is bull’s-eye correct, and the patient is critical. For this country to survive, it must find saner ways to pursue and multiply wealth, and find them quickly. The cannibal capitalism that produced a Goldman Sachs and a Bernie Madoff is subhuman and obscene. There’s no form of government more inherently offensive than plutocracy—only theocracy comes close. When a citizen comes of age in a plutocracy, he has no moral choice but to slay Pluto or die trying.

The history of American plutocracy is shockingly simple. The Industrial Revolution fueled the metamorphosis of capitalism into a ravenous monster that devoured resources, landscapes and human beings on a scale no wars or natural disasters had ever approached. The wealth generated by this devastation created colossal corporations and financial operations far more powerful than elected governments; long ago the individuals who controlled these giants learned that it was cost-effective to buy up the politicians and turn governments into virtual subsidiaries. Along with the unprecedented wealth of the new ruling class came two protective myths, transparently false but widely accepted: one, that the feeble, compliant federal government was somehow the enemy of free enterprise; two, the outrageous trickle-down theory, which urged us to choke the rich with riches in the hope that they would disgorge a few crumbs for the peasants.

Investment banks and hedge funds were designed as perfect engines for multiplying the assets of the affluent. The Wall Street elite of the 20th century—Masters of the Universe, Tom Wolfe called them—flew so far above the laws of the land that they began to imagine themselves exempt from all laws, including economics, physics and averages. This magical thinking came to a head with a wave of death-defying speculation in mortgage-backed securities, and quite suddenly, in 2008, the walls came tumbling down, exposing a phantom economy based on nothing but arrogance and sleight of hand.

… In a recent German study that established a “social justice” index (poverty levels, education, health care, income equality) for countries in the Organization for Economic Cooperation and Development, the United States ranked 27th among 31 nations, outstripping only Greece, Turkey, Chile and Mexico. Meanwhile, also, Wall Street banks on taxpayer life support continued to pay out billions in bonuses, monstrously inflated CEO salaries showed no signs of shrinking and the Republican Party campaigned for more of the bloody same, and a stronger dose of it: no taxes, no regulations, no unions.

This is beyond unacceptable, much closer to unspeakable, like an economic survey comparing the French court at Versailles to the sans-culottes.

…a slate of demands from Occupy Chicago struck me as savvy and dead-on: repeal tax cuts and close loopholes for the rich, prosecute the Wall Street felons of 2008, separate commercial lending from investment banking, rein in lobbyists, eliminate corporate personhood and overturn the Supreme Court’s Citizens United decision of 2010.

This last demand is perhaps the most critical. The decision that defined campaign contributions as free speech, delivered by the court’s 5-4 Republican majority, removed the last legal obstacles to a wallet-based political system that leaves the 1 percent, or one-hundredth of 1 percent, in unchallenged control of our fortunes and our public lives. It opened the floodgates for a multibillion-dollar campaign to defeat President Obama, and any candidates who might resist corporate feudalism, in 2012.

In the words of the late Molly Ivins, “We either get the money out of politics or we lose the democracy.”

Molly’s gone, but Hal lives. I just wish he wrote more often. Here’s the archive.

Bonus links:

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

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

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

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

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

A few years back, a former government official confidentially issued a warning to a small group I was part of, which favored some kind of lawmaking around technology. While this isn’t a verbatim quote, it’s pretty close, because it has been burned in my mind ever since: “In the course of my work I have met with nearly every member of Congress. And I can tell you that, with only a handful of exceptions, there are two things none of them understand. One is economics and the other is technology. Now proceed.”

Know-nothing lawmakers are doing exactly that with SOPA. As Joshua Kopstein says, Dear Congress, It’s No Longer OK To Not Know How The Internet Works.

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

Rivers of ink and oceans of pixels have been spilled by others on this subject, so I’ll confine my case to a single section of the bill:

SEC. 103. MARKET-BASED SYSTEM TO PROTECT U.S. CUS- TOMERS AND PREVENT U.S. FUNDING OF SITES DEDICATED TO THEFT OF U.S. PROPERTY.

(I tried copying and pasting the whole section here, but it’s a @#$%^& .pdf, a proprietary format that has been Web-hostile from the start, but beloved of the “content” folks, as well as Congress and lawyers in general. If somebody can find us a .html or a .txt version, please let me know.)

There is nothing “market-based” about this section of the bill. “Market-based” is a paint job on more regulation, more restriction, more bureaucracy, more federal meddling, more litigation. Weighing in at nearly 17,000 words, is not only clueless about the nature of the Net and the Web, mischaracterizing both from front to back, but features the word “plaintiff” 100 or more times (I lost count). Oh, and lots of new work for this bureaucrat:

INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR.—The term ‘‘Intellectual Property Enforcement Coordinator’’ means the Intellectual Property Enforcement Coordinator appointed under section 301 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (154 U.S.C. 8111)

Yes, it exists.

We don’t need SOPA. What we do need is for Congress — along with lawmakers and regulators everywhere, right down to public utilities commissions and town councils — to at least begin to understand what the Internet is, and what it does for everybody, before it starts making laws protecting one business at the expense of all the rest.

If you want to see who is behind SOPA, just follow the money.

A couple days ago, David Weinberger told me Jimmy Wales was mulling the wisdom of shutting off Wikipedia for a day.  David blogged about it. So did Cory Doctorow. Later Torrent Freak spilled the beans as well. For some perspective on this, consider these two facts: 1) Jimbo is an economic Libertarian—about as pro-business and pro-”market-based” as you can get; and 2) Wikipedia remains the only search result for anything that consistently rises above the tide of gimmickry that has corrupted the commercial Web and buried more and more “organic” (non-commercial) results under an avalanche of promotional jive.

Julian Sanchez of the Cato Institute presents a solid Libertarian case against SOPA on YouTube. If it passes, he says, “the only difference between the U.S. and China is what’s on the blacklist.”

Sure, “piracy” is a problem. So are a zillion other afflictions you can name. New laws — especially ones that are written by regulatory captives and feared by real businesses in the marketplace — are not a solution. They compound the problem they purport to solve and cause untold new problems as unintended but certain consequences. Any conservative worthy of the label should be dead-set against SOPA.

Futhter reading, compiled mostly by Zemanta:

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By design, the Internet supports everything you can do with it. As deployed, it is no more capable than the infrastructures that carry it. Here in the U.S. most of the infrastructures that carry the Internet are owned by telephone and cable companies. Those companies are not only in a position to limit use of the Internet for purposes other than those they favor, but to reduce the Net itself to something less, called “broadband.” In fact, they’ve been working hard on both.

We’ll talk about broadband shortly. But first let’s look at the clobbering the Internet took last week when Verizon, the only large provider of fiber optic Internet connections to homes in the U.S., put an end to expansion of FiOS, their fiber-to-the-home telephone, Internet and cable TV system.

This matters hugely, because the connections with the greatest data-carrying capacities are fiber optic ones. In terms of raw capacity, cable TV and copper telephone lines can’t compete. But then, they don’t need to compete if fiber is off the table as a competitor. That’s what Verizon just did.

In speedtestVerizon ends satellite deal, FiOS expansion as it partners with cable, Cecelia Kang reports in the Washington Post that the telco giant “will stop its buildout of FiOS television and Internet services in the next couple years.”

When a company says they plan to stop growing a business, they mean they have given up on it. (Hey, what business, especially a big one, doesn’t want to grow?) It’s also often a sign that the business is for sale, in this case probably to competitors in the cable business. Clues in that direction come from Cecelia’s following sentence: “The moves come as Verizon Wireless forges a new partnership with cable giants to cross-market phone, video, Internet and cellular services.” In that piece, she says “Verizon will pay $3.6 billion to Comcast, Time Warner and Bright House Networks to use a swath of cellphone airwaves that the cable giants own but do not use.”

At the business +/vs. business level, here’s how it sorts out (to me, at least):

  1. Verizon was never a cable TV company, and didn’t do a good-enough job at that with FiOS. Straight-up, it should have beaten the crap out of all its cable competitors, just based on superior video and a much higher channel count, thanks to fiber’s much higher data capacity. But Comcast and the others — even Dish Network and DirectTV — were better at the cable game. But Verizon is king of the hill in cellular wireless, with the best coverage and service in most cities. (See the latest Consumer Reports for details.) A lot of what used to be TV is moving to wireless, both over cellular connections and wi-fi. In cellular, Verizon holds aces.
  2. Cable has no cellular wireless business, and its auction winnings for spectrum haven’t yet yet paid off. But the spectrum is worth money to rent out, in ways that get cable into the cellular wireless business, so they can now sell “quadruple play” — cable TV, landline phone, Internet (increasingly called “broadband”… more about that below) and cellular.
  3. Verizon (along with cable, satellite, Apple, Google, Microsoft, Amazon and everybody else) wants to be in the “content distribution” game, which is the future of television, publishing and every other business the Internet has both threatened and transformed.
  4. For the most popular technically demanding “content” — video — 100Mbps downstream is enough. You don’t need fiber for that. Cable can do the job well enough. For DVD-quality video (such as Netflix and TV from Google and Apple) it already is.
  5. TV is body-snatching personal computing, and it’s good to get in on progress there. Take a look at all the cheap screens you can buy now at Cosco and Staples. Their default dimensions are 1920 x 1080: the native resolution of HDTV.
  6. As an informal quid pro quo with the cable companies, Verizon agreed to halt FiOS expansion. Don’t be surprised to see Verizon’s whole FiOS business leased or sold off to a cable competitor in the next few months or years. We’ll all be better off if it gets sold to Google or Apple, but that’s unlikely to happen.

The deal sucks for everything and everybody outside the content distro business, including the rest of the Internet. The sum of the lost or prevented business (and social benefits as well) is incalculable. But nobody seems to be counting. We’re just boiling frogs here.

As of today, your chance of getting fiber to your home is zero, unless you are lucky enough to live in LafayetteChatanoogaPulaski, or one of too-few other places where public and private interests align long enough for fiber service to get built out before brutal opposition by phone and cable companies prevents it — mostly by lobbying up state regulations making build-out difficult or impossible for entities other than phone and cable companies that aren’t going to bother building what they’ve already prevented anyway.

The appetite for fiber is there. We chose to rent our place here near Boston because the street is served by FiOS. (Also RCN, a weaker fiber competitor.) Many businesses see places like the towns listed above as port cities on the Internet’s sea of bits.  The speedtest above is typical of what we get from FiOS, which offers speeds up to 150Mbps down and 50Mbps up. Fiber’s native capacity is actually much higher, which is why Chatanooga offers up to 1Gbps, as will Google’s new project in Kansas City. If you live in one of fourteen Utah cities fibered up by Utopia, you have a choice of providers of 100Mbps symmetrical service that will cost you less than what I pay ($70/mo) for my 25Mbps from Verizon.

Last I heard, the fastest cable offering in the upstream direction was 12Mbps. Cox, our cable provider in Santa Barbara, gives us about 25Mbps down, but only 4Mbps up. Last time I talked to them (in June 2009), their plan was to deliver up to 100Mbps down eventually, but still only about 5Mbps up. That’s competitive as long as all you want is “content delivery.” But what about when you want to live “in the cloud,” and all your data is elsewhere? In the long run you’ll need a lot more upstream as well as downstream capacity for that. Internet service optimized for media delivery (where TV especially wants to go) won’t cut it. But then, most people aren’t looking at that. They’re looking at TV on their iPads over broadband, and thinking that’s way cool enough.

So here we are, smack up against what John Perry Barlow warned us about in Death From Above, way back in early 1995. There he wrote, “The cable companies and Baby Bells have a model for developing the next phase of telecom infrastructure which, were it applied to the design of physical superhighways, would have us building them with about five thousand lanes in one direction and one lane in the other.”

Internet speeds over cable aren’t that lopsided, but they are that biased. And the name for that bias is broadband. So let’s look at the difference between the Internet and broadband, because that difference matters.

While the Internet is often called a “network of networks,” what defines the “network of” is a suite of protocols and standards that transcend individual networks and give the whole a single and coherent way of working. Broadband is an old telecommunications term which, as Wikipedia puts it, “became popularized through the 1990s as a vague marketing term for Internet access.”

The Internet’s protocols are NEA:

  • Nobody owns them.*
  • Everybody can use them, and
  • Anybody can improve them.

Like the periodic table, the Net’s protocols occur in nature — in this case a human one — which is why the Net’s founding capacities can be limitless in size and scope.

For business this means the Net and the Web (which is an application on the Net) are building materials with leverage as boundless as those of hydrogen, copper, oxygen, iron and other real-world elements, but without the scarcity. This is why the Net’s open protocols and standards support $trillions in business without making a dime for themselves, and without promoting the wealth-inducing facts of the matter.

We call these kinds of leverage “because effects“: you make money because of them, rather than with them.

But, since the Internet is not out to make money for itself, it is easily dismissed either as passé, or as having little or no business value. This is what George Colony of Forrester Research did in his recent speech at LeWeb, where he spoke about “the death of the Web,” and why I followed up with Be careful what you call dead. Although I’m sure he didn’t mean it that way, George’s speech was a win for the forces out to subordinate the Internet and the Web to their own parochial businesses and business models.

Right now most of us are unaware that this is going on, and fail to see the risk it presents for everybody who depends on a capacious Internet for future growth and prosperity.

The phone and cable operators are not working alone to limit the Net’s because effects. At this point their allies include lawmakers, regulators, and professional organizations like the International Telecommunications Union (ITU).

A subtle and pernicious part of that campaign has been an effort to shift the nobody-owns-it Internet conversation to one about “broadband,” which is something the operators own and rent out. Governments are enlisted in this campaign, and now so are the rest of us. (I’ve used the term “broadband” plenty myself, for example, here.) I began to get hip to this trick in the Summer of 2010, at a conference where a spokesman for the International Telecommunications Union (ITU) gave a talk about the goodness of broadband without once uttering the word “Internet.” Recently the ITU has been further sanitizing this rhetorical body-snatch by talking up broadband as a “basic human right”.

Bob Frankston (co-father of spreadsheet software and much more) has been on this case at least since 2009, when he wrote The Broadband Internet? One sample: “Today we are used to the ‘broadband’ Internet in which we achieve connectivity despite the services and twisting passages our connections travel.” Bob’s preference is that we look to maximize connectivity, rather than to increase our dependency on carriers with more interest in maintaining telephony and cable TV service and billing models than in maximizing all the other businesses and business models the Net’s founding protocols were built to support.

The division is between what communications wonks crudely characterize as “net-heads” and “bell-heads.” Think of conflict as one betwee any and only. Net-heads want the Net to support anything. Bell-heads want communications systems optimized only for the businesses they prefer — namely, their own — and to avoid even talking about the Internet. (Bell-heads have never been comfortable with the Net, because it was not made to bill. TV and telephony are easy to bill, and so is “content” in general. Thanks to Apple’s and Google’s pioneering work —mostly in league with the operators — so now are apps.)

To see how sharp this distinction is, read The New Digital Divide, by Susan Crawford, an alpha net-head, in The New York Times. Nowhere in the piece does she use the word “broadband.” She does, however, use the word “Internet” twenty-six times. In his letter to the editor responding to Susan’s piece, Verizon CEO and alpha bell-head Ivan B. Seidenberg uses the term “broadband” six times and  ”Internet” just once, and only because he can’t say “The 2011 World Economic Forum global survey ranks the United States first in Internet competition” without it. (One wonders if the U.S. will continue to rank first, now that Verizon has given up on FiOS build-out.)

At this point the only entities still trying to bring fiber to your home are Google in Kansas City, brave small operators such as Vermont’s ECFiber.net and some scattered municipalities. Helping where fiber can’t make it (and, in many cases, where broadband can’t either) are Wireless Internet Service Providers, or WISPs. Here’s hoping that these net-headed entities can prove that a wide open and supportive infrastructure for the Internet will do more for business and society than “broadband” alone can provide.

Here are Zemanta‘s related links:


* Technically, nobody restricts use based on ownership. The Ethernet protocol, for example, succeeded where IBM’s Token Ring and other purely proprietary alternaties failed, because Intel, Digital and Xerox, which owned Ethernet’s patents, chose to to make Ethernet open. There were no restrictions on how hardware manufacturers (who deployed Ethernet) could implement it.

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

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

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

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

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

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

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

Marketwatch again:

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

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

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

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

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

Declaring, in effect, that we are socially saturated.

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

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

What enterprise means

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

When the skies clear…

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

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

Meanwhile, here are Zemanta‘s related articles:


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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When we say “social” these days, we mostly mean the sites and services of Facebook, Twitter, LinkedIn, Foursquare and other commercial entities. Not talking on the phone or in person. Not meeting at a café. Not blogging, or emailing or even texting. Those things are all retro and passé. Worse, they’re not what marketers get high off of these days. Meaning they’re outside the Big Data ecosystem, most of which is devoted to improving the vast business of guesswork we call advertising, flowing outward increasingly through digital media.

The marketplace where all the Big Bux are being spent these day is not the public one where culture is made and goods are bought and sold. It’s the marketing marketplace.

Go to SelectOut.org. See who and what is tracking you right now. Chances are it’s more than a few of the hundreds of companies listed here. The market they’re in is putting better crosshairs on your back and your wallet. Not the one where you live and you shop.

Their market is in selling your ass to advertisers. So is Twitter’s, for that matter. It’s not serving you as a customer. You are a consumer. Your job is to consume “content,” and hopefully every once in awhile also click on stuff you might buy. That’s it. Yes, it’s a trade-off, but it’s not a very conscious one, and it’s not very “social,” either. Not when you don’t really know the company, or have a relationship with human beings there. Ever tried to call customer service at Facebook? Or hell, at Google? They don’t do that. They don’t want to get personal with you, even if they give you free personal services. Again, you’re not the customer. You’re inventory.

What’s missing here is real innovation in the real marketplace. (Besides what’s going on in VRM, of course.)

This became clear to me yesterday when John Wilbanks mentioned an amazing idea he had posted recently, titled Consumption Offsets and Sustainable Loyalty Cards. Here are the key paragraphs:

I had two ideas today. One is that if we can trade emissions at a corporate level, we should be able to trade consumption. So if we can track consumption of goods, and the sustainability of those goods, we have the rudiments of a market for consumption. So why not offer (wealthy, western, northern) people the chance to pay extra for an offset for their iPad like they do with their plane ticket?

My other idea was based on the ever present loyalty cards for grocery stores, pharmacies, and even cupcake shops in the US. You give away your personal data in return for lower prices (although I often use the algorithm of [local area code of store] + 867-5309). Why not something similar for sustainable goods? Either you pay the full price, or you pony up your data to save the world. Also you get a sticker to put on your computer to show how much better you are than other people – and that’s big, because being proud of being a sustainable consumer is currently, and unfortunately, densely tied to being one.

Both here and in conversation, John posed an interesting question: If personal data really is an “asset class,” as the World Economic Forum says it is, shouldn’t we be able to sell it? Or to make it fungible in some other way?

John’s second idea raises two interesting questions:

  • Who would buy your personal data?
  • What would they use it for?

Especially when, right now, lots of companies you don’t know (and a few you do) are getting that data for free. Would they pay more than nothing for it? If not, is it possible that it really is worth nothing?

When I ask questions like the two above, the answer I usually get is marketers and marketing. Some of the data you shed in the course of surfing and shopping helps sellers remember and serve you. Amazon always comes up as a canonical example. But even there Amazon is often suggesting books I’ve already bought or would hardly be interested in. Grocery stores, meanwhile, mostly use my shopping data to push coupons for stuff I bought once and might never buy again. The whole loyalty card game is one reason we do most of our grocery shopping at Trader Joe’s, which doesn’t bother with any gimmicks, and gives great service as well.

Here’s where I’m going with this: The marketplace that matters is the primary one where we live and work and shop. Not the secondary one where people we don’t know are sniffing our digital butts to see what we’ve consumed and might want to consume instead (or again).

I’m about to lead a session at the Social Business Jam, on Seamless Integration of Social. In the spirit of Dave Winer’s bailing from Facebook today, I’d like to suggest that we look at how social works in real markets, and why we keep mistaking closed private markets on the Web for real ones.

For evidence of how far off base we are, here’s Zemanta‘s list of articles related to what I’ve been writing about here:

Related articles

And, as a small counterweight to that dollarfall of investment and buzz, A Sense of Bewronging.

See ya at the jam.

So I’m writing about financialization. Kevin Phillips‘ prophetic book on the subject, Bad Money, is open on my desk. (He published it in early 2007, in advance of The Crash.) But it doesn’t contain the definitional quote that I need. So I turn to Wikipedia. There, in the Financialization entry, we are treated to this quote:

Financialization may be defined as: “the increasing dominance of the finance industry in the sum total of economic activity, of financial controllers in the management of corporations, of financial assets among total assets, of marketised securities and particularly equities among financial assets, of the stock market as a market for corporate control in determining corporate strategies, and of fluctuations in the stock market as a determinant of business cycles” (Dore 2002)

Nice, but there is no citation for Dore; just some “further reading”:

Dore, R (2000). Stock Market Capitalism: Welfare Capitalism: Japan and Germany vs. the Anglo-Saxons. Oxford: Oxford University PressISBN 0-19-924061-2.

So I go look that up, find it on Amazon, and look inside. I choose to search for “determinant,” a fairly rare word, and get five results. None are what’s quoted in Wikipedia. But, since Ronald Dore is a scholar, I figure he must have written that definition somewhere. But when I go to look, the results are a cascade of Wikipedia citations. Not the original Dore.

This drives me just as nuts as I get when I go to look up, say, a geographical feature and get pages of commercial businesses associated with the feature, but not the feature itself. Google Maps is one offender here. Look up “Comb Ridge”, and you get this: http://g.co/maps/syspr. (Here are my own many shots of Comb Ridge.) The difference in this case is that I can still find Comb Ridge, while the provenance of the original Dore quote remains a mystery to me.

And, since I want to finish my book today, I’m not going to fool around any more with it. I’ll find some other definition. Still, I need to gripe a bit. Sloppy citing is a curse that keeps on cursing. Or causing it, anyway.

I was in the midst of late edits on The Intention Economy this afternoon, wondering if I should refer to Steve Jobs in the past tense. I didn’t want to, but I knew he’d be gone by the time the book comes out next April, if he wasn’t gone already. So I decided to make the changes, and stopped cold before the first one. I just couldn’t go there.

Then the bad news came a few minutes ago, through an AP notification on my iPhone. Tonight we all have to go there.

Thirteen years, one month and one day ago, I wrote an email to Dave Winer, in response to a DaveNet post on Steve’s decision to kill off Apple’s clones. (Dave had also posted notes from an interview with Steve himself.) Dave published the email. Here’s the part that matters:

So Steve Jobs just shot the cloners in the head, indirectly doing the same to the growing percentage of Mac users who prefered cloned Mac systems to Apple’s own. So his message to everybody was no different than it was at Day One: all I want from the rest of you is your money and your appreciation for my Art.

It was a nasty move, but bless his ass: Steve’s art has always been first class, and priced accordingly. There was nothing ordinary about it. The Mac “ecosystem” Steve talks about is one that rises from that Art, not from market demand or other more obvious forces. And that art has no more to do with developers, customers and users than Van Gogh’s has to do with Sotheby’s, Christie’s and art collectors.

See, Steve is an elitist and an innovator, and damn good at both. His greatest achievements are novel works of beauty and style. The Apple I and II were Works of Woz; but Lisa, Macintosh, NeXT and Pixar were all Works of Jobs. Regardless of their market impact (which in the cases of Lisa and NeXT were disappointing), all four were remarkable artistic achievements. They were also inventions intended to mother necessity — and reasonably so. That’s how all radical innovations work. (Less forward marketers, including Bill Gates, wait for necessity to mother invention, and the best of those invent and implement beautifully, even though that beauty is rarely appreciated.)

To Steve, clones are the drag of the ordinary on the innovative. All that crap about cloners not sharing the cost of R&D is just rationalization. Steve puts enormous value on the engines of innovation. Killing off the cloners just eliminates a drag on his own R&D, as well as a way to reposition Apple as something closer to what he would have made the company if he had been in charge through the intervening years.

The simple fact is that Apple always was Steve’s company, even when he wasn’t there. The force that allowed Apple to survive more than a decade of bad leadership, cluelessness and constant mistakes was the legacy of Steve’s original Art. That legacy was not just an OS that was 10 years ahead of the rest of the world, but a Cause that induced a righteousness of purpose centered around a will to innovate — to perpetuate the original artistic achievements. And in Steve’s absence Apple did some righeous innovation too. Eventually, though, the flywheels lost mass and the engine wore out.

In the end, by when too many of the innovative spirts first animated by Steve had moved on to WebTV and Microsoft, all that remained was that righteousness, and Apple looked and worked like what it was: a church wracked by petty politics and a pointless yet deeply felt spirituality.

Now Steve is back, and gradually renovating his old company. He’ll do it his way, and it will once again express his Art.

These things I can guarantee about whatever Apple makes from this point forward:

  1. It will be original.
  2. It will be innovative.
  3. It will be exclusive.
  4. It will be expensive.
  5. It’s aesthetics will be impeccable.
  6. The influence of developers, even influential developers like you, will be minimal. The influence of customers and users will be held in even higher contempt.
  7. The influence of fellow business artisans such as Larry Ellison (and even Larry’s nemesis, Bill Gates) will be significant, though secondary at best to Steve’s own muse.

Turns out Steve’s muse was the best in the history of business. No one-hit wonders. We’re talking about world-changing stuff. Again and again and again.

Watch this clip from Robert X. Cringeley’s “Triumph of the Nerds” public TV special, filmed back when Steve was still running NeXT. This one too. Then look at what Steve did after coming back. Not just the iPod, iPhone, iPad, Pixar and the laptops we see with glowing apples all over the place. Look at the Apple Stores. I’ve been told that Apple Stores are top-grossing retail shops in every mall they occupy. Even if that’s not true, it’s believable.

I’ve also been told that Apple Stores were Steve’s idea. I don’t know if that’s true either, but it makes sense, because they succeeded where nearly every other attempt at the same thing failed. To get there, Steve and Apple had to look past the smoking corpses of Gateway, Circuit City, Computerland, Radio Shack and all the other computer stores that had failed, and do something very different and much better. And they did.

I was wrong about one thing in my list above. I don’t think Steve regarded customers and users with contempt, except in the sense that he believed he knew better than they did. As an elitist, he also knew that calling the smartest and most employable Apple users “geniuses” was great bait for employment serving customers at Apple Stores.

There is no shortage of quotes by and about Steve Jobs tonight. But the best quote is the one he uttered so long ago I can’t find a source for it (maybe one of ya’ll can): The journey is the reward.

His first hit, the Apple II, was “The computer for the rest of us.” So now is his legacy.

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Logan Airport’s free wi-fi isn’t doing the job. (Latencies up to a second and a half, 7% packet loss.) In fact, the only reason I can continue with this post is that I’ve switched to my iPhone’s “personal hot spot,” which turns AT&T’s 3G data network to wi-fi I can use. On Logan’s connection I couldn’t do anything over the Net, other than that ping test.

Now on AT&T’s 3G, I’m getting a “D+” grade from Speedtest.net, but I’m also able to function over a connection it rates at 2.67Mbps down and .67Mbps up. I’m only here for an hour, so I can live with that.

But I also have to live with knowing that the data is costing me $25/mo. for 2Gb, plus $10 for each additional 1Gb. Or is it $45 for using the tethering (as I am now)? And it’s a pain in the butt to keep worrying about whether I’m running up a big bill. (Never mind that I’m going to Canada, where I won’t use any telco data, thanks to onerous “roaming” charges if I try.)

Just here in the States, there’s a tug-of-billing-plans between Apple and AT&T. What started as $25 for unlimited data (very Steve Jobs, that simplicity) is now this:

Data Plans
Data will allow you to access the internet, surf the Web, and check email.
Data 200MB 2GB 4GB and Mobile Hotspot**
Additional Data $15 per 200MB $10 per 1GB $10 per 1GB
Per Month $15 $25 $45

** Tethering allows you to share the 3G connection on your iPhone with your Mac notebook or PC laptop and connect to the Internet. When your iPhone is tethered, you can still send and receive data and make phone calls.

Very telco, that; though not nearly as complex as it would have been if Apple weren’t a party to the deal.

My point, however, is about clouds. If we’re going to “live in the cloud,” as we are so often told, we’re going to need better routes than rented beanstalks that fray and fail.

By the way, I don’t begrudge AT&T making money. In fact, I’m happy for them (and Apple, and anybody in the Net infrastructure business) to make money, and want to encourage them to build out as much capacity as they can.

I just know how telcos work, which is primarily as billing systems and secondarily as plain infrastructure. We also pay for other utilities — water, electricity, gas —but in less sphinctered ways. And un-sphinctered service is what we’ll need if we really are going to live in the clouds.

[Later...] Dig David Scott WilliamsRain From the Cloud Doesn’t Fall in This Desert, and his comments below. I especially like “drinking the milkshake of the cloud internet through my coffee stirrer,” which links back to that same post.

Open connections are as important as having roads, water and electricity. In too much of the world — and remarkably, too much of the U.S. — the long- promised “information superhighway” still isn’t paved.

Bookmarking the past

I’ve been digging around for stuff I blogged (or wrote somewhere on the Web) way back when. After finding two items I thought might be lost, I decided to point to them here, which (if search engines still work the Old Way) might make them somewhat easier to find again later.

One is Rebuilding the software industry, one word at a time, in Kuro5hin. (And cool to see that Kuro5hin is still trucking along.) The other is Cluetrain requires conversation. Both are from early 2001, more than ten years ago. A sample from the former:

I went through my own head-scratching epiphany right after the Web got hot and I found my profession had changed from writer to “content provider.” What was that about? Were my words going to be shrink-wrapped, strapped on a skid and sold in bulk at Costco?

No, “content” was just a handy way to label anything you could “package” and “deliver” through the “vehicle” of this wonderful new “medium.” Marketers were salivating at the chance to “target,” “capture” and “penetrate” ever-more-narrow “audiences” with ever-more-narrow “messages.” Never mind that there was zero demand at the receiving end for any of it. (If you doubt the math, ask what you’d be willing to pay to see an ad on the Web. Or anywhere.)

Soon I began to wonder what had happened to markets, which for thousands of years were social places where people got together to buy and sell stuff, and to make civilization. By the end of the Industrial Age, every category you could name was a “market.” So was every region and every demographic wedge where there was money to be spent. Worse, these were all too often conceived as “arenas” and “battlefields,” even though no growing category could be fully described in the zero-sum terms of sports and war metaphors.

And from the latter:

Cluetrain talks far less about what markets need that about what they are. The first thesis says Markets are conversations. Not markets need to be conversations. Or people need the right message. In fact, we make the point that there is no market for messages. If you want to see how little people want messages, look at the MUTE button on your TV’s remote control. Sum up all marketing sentiment on the receiving end and you’ll find negative demand for it.

There’s nothing conversational about a message. I submit that if a message turns into a conversation, it isn’t a message at all. It’s a topic.

Not many people noticed (including me, until Jakob Nielsen pointed it out) that The Cluetrain Manifesto was written in first and second person plural voices, and was addressed not by marketers to markets, but by markets to marketers. It said —

if you only have time for one clue this year, this is the one to get…

Chris Locke wrote that in early 1999. Marketing still doesn’t get it. Maybe it can’t.

And, because marketing (and the rest of business) didn’t get it, I started ProjectVRM, and am now finishing a book about customer liberation and why free customers will prove more valuable than captive ones.

This stuff seems to be taking awhile. But hey, it’s fun.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

The official statement from Google says,

Google Inc. (NASDAQ:GOOG - News) and Motorola Mobility Holdings, Inc. (NYSE:MMI - News) today announced that they have entered into a definitive agreement under which Google will acquire Motorola Mobility for $40.00 per share in cash, or a total of about $12.5 billion, a premium of 63% to the closing price of Motorola Mobility shares on Friday, August 12, 2011. The transaction was unanimously approved by the boards of directors of both companies.

The acquisition of Motorola Mobility, a dedicated Android partner, will enable Google to supercharge the Android ecosystem and will enhance competition in mobile computing. Motorola Mobility will remain a licensee of Android and Android will remain open. Google will run Motorola Mobility as a separate business.

Meanwhile, over in the Google Blog, Larry Page explains,

Since its launch in November 2007, Android has not only dramatically increased consumer choice but also improved the entire mobile experience for users. Today, more than 150 million Android devices have been activated worldwide—with over 550,000 devices now lit up every day—through a network of about 39 manufacturers and 231 carriers in 123 countries. Given Android’s phenomenal success, we are always looking for new ways to supercharge the Android ecosystem. That is why I am so excited today to announce that we have agreed to acquire Motorola.

Motorola has a history of over 80 years of innovation in communications technology and products, and in the development of intellectual property, which have helped drive the remarkable revolution in mobile computing we are all enjoying today. Its many industry milestones include the introduction of the world’s first portable cell phone nearly 30 years ago, and the StarTAC—the smallest and lightest phone on earth at time of launch. In 2007, Motorola was a founding member of the Open Handset Alliance that worked to make Android the first truly open and comprehensive platform for mobile devices. I have loved my Motorola phones from the StarTAC era up to the current DROIDs.

The bold-faces are mine.

First, note how Larry says Google is acquiring Motorola, rather than Motorola Mobility. That’s because mobility is the heart and soul of Motorola, Inc., which has been synonymous with mobile radio since the company was founded by Paul Galvin in 1928. Motorola, Inc.’s other division, Motorola Solutions, is big and blah, selling gear and services to business and government. Now that Motorola Solutions will be 100% of Motorola, Inc., it’s an open question where the Motorola name will go. Since Larry says Google bought Motorola, I’m guessing that the acquisition included the name. Nothing was said about it in either the release or the blog post, but it’s bound to be an issue. I hope somebody’s bringing it up in the shareholder webcast going on right now (starting 8:30 Eastern). If Google got the Motorola name, Motorola solutions will probably go the way of Accenture, which used to be Andersen Consulting.

At the very least, this is patent play. That’s why Larry talked about intellectual property. In mobile, Motorola (I’m guessing, but I’m sure I’m right) has a bigger patent portfolio than anybody else, going back to the dawn of the whole category. Oracle started a patent war a year ago by suing Google, and Google looked a bit weak in that first battle. So now, in buying Motorola, Google is building the biggest patent fort that it can. In that area alone, Google now holds more cards than anybody, especially its arch-rival, Apple.

Until now, Apple actually wasn’t a direct enemy of Google’s, since Google wasn’t in the hardware business. In fact, Android itself was hardly a business at all — just a way to open up the mostly-closed mobile phone business. But now Google is one of the biggest players in mobile hardware. The game changes.

For Google’s Android partners other than Motorola, this has to hurt. (Henry Blodget calls it a “stab in the back.”)

For Windows Mobile, it’s a huge win, because Microsoft is now the only major mobile operating systems supplier that doesn’t also own a hardware company.

Unless, of course, Microsoft buys Nokia.

[Later...]

The conference call with shareholders is now over, and the strategy is now clear. From Business Insider’s notes:

David Drummond, Google’s legal chief: Android under threat from some companies, while I’m not prepped to talk strategies, combining with Motorola and having that portfolio to protect the ecosystem is a good thing.

Sanjay Jha: Over 17,000 issued, over 7,500 applications out there. Much better support to the businesses.

8:47: Android partners, a risk to them?

Andy Rubin: I spoke yesterday to top 5 licensees, all showed enthusiastic support. Android was born as an open system, doesn’t make sense to be a single OEM.

8:48: What convinced you this was optimal solution? Competencies that aren’t core to Google?

Larry Page: I’m excited about this deal, while competencies that aren’t core to us, we plan to operate as a separate business, excited about protecting the Android ecosystem.

Always watch the verbs. “Protecting” is the operative one here.

Eric S. Raymond weighs in, optimistic as ever about Google/Android’s position here:

We’ll see a lot of silly talk about Google getting direct into the handset business while the dust settles, but make no mistake: this purchase is all about Motorola’s patent portfolio. This is Google telling Apple and Microsoft and Oracle “You want to play silly-buggers with junk patents? Bring it on; we’ll countersue you into oblivion.”

Yes, $12 billion is a lot to pay for that privilege. But, unlike the $4.5 billion an Apple/Microsoft-led consortium payed for the Nortel patents not too long ago, that $12 billion buys a lot of other tangible assets that Google can sell off. It wouldn’t surprise me if Google’s expenditure on the deal actually nets out to less – and Motorola’s patents will be much heavier artillery than Nortel’s. Motorola, after all, was making smartphone precursors like the StarTac well before the Danger hiptop or the iPhone; it will have blocking patents.

I don’t think Google is going to get into the handset business in any serious way. It’s not a kind of business they know how to run, and why piss off all their partners in the Android army? Much more likely is that the hardware end of the company will be flogged to the Chinese or Germans and Google will absorb the software engineers. Likely Google’s partners have already been briefed in on this plan, which is why Google is publishing happy-face quotes about the deal from the CEOs of HTC, LG, and Sony Ericsson.

The biggest loser, of course, is Apple; it’s going to have to settle for an armed truce in the IP wars now. This is also a bad hit for Microsoft, which is going to have to fold up the extortion racket that’s been collecting more fees on HTC Android phones than the company makes on WP7. This deal actually drops a nuke on the whole tangle of smartphone-patent lawsuits; expect to see a lot of them softly and silently vanish away before the acquisition even closes.

I don’t think anybody has paid more attention to this whole thing than Eric has, and he brings the perspective of a veteran developer and open source operative as well. (Without Eric, we wouldn’t be talking about open source today.)

On August 17, Holman Jenkins in the Wall Street Journal added this bit of important analysis:

Android has been hugely advantageous for everyone who is a successful phone maker not named Apple. Remember, Apple’s premium smartphone holds up the pricing structure for the whole industry. Samsung, HTC and the rest have been selling phones into this market and pocketing huge margins because they pay nothing for Android.

Google wouldn’t be human if it didn’t want some of this loot, which buying Motorola would enable it to grab. But that doesn’t mean, in the long term or the short term, that other hardware makers will walk away from a relationship that has lined their pockets and propelled them to the top of the rapidly growing and giant new business of making smartphones. Let’s just say that while having Google as a competitor is not ideal, handset makers will learn to live with it.

Jenkins’ columns often rub me the wrong way, but this bit seems spot-on.

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I just learned from Dan Kelly that Bruce Elving passed away last month. Details are thin, but here’s a short list of links:

Bruce Elving, Ph.D.Bruce and I were frequent correspondents for many years, starting the early ’70s, when Bruce began publishing his FM Atlas, an authoritative compilation of technical details for every FM station in the U.S. — and an essential handbook for everyone who loved to listen to far-away FM radio stations. Those people are called DXers, and I was one of them.

From my homes in New Jersey and North Carolina, I logged many hundreds of FM and TV stations whose signals skipped off the ionosphere’s sporadic E layer. If you’ve ever been surprised to hear on your FM radio a station from halfway across the country, you were DXing.

For DXers, catching far-away stations is kind of like fishing. You don’t want to catch just the easy ones. That’s one reason FM and TV DXing was more fun than AM and shortwave DXing (at least for some of us). AM and shortwave depend on the ionosphere for distant coverage as a matter of course. Back before the AM band became a crowded mess, “clear channel” stations like WSM in Nashville and KSL in Salt Lake City could be heard all across the continent at night, because there was nothing else on their frequencies. WSM’s Grand Ole Opry, heard every night on radios in rural areas throughout The South, literally made country music. (I listened in New Jersey, carefully turning my radio to “null out” interference from New York’s WNBC, now WFAN, which was right next to WSM on the dial.)

In its heyday (or heydecade), DXing on FM was about hooking relatively rare and slightly exotic fish. The best months to fish were in late spring and summer, when warm calm summer mornings would bring tropospheric (or “tropo”) conditions, in which FM and VHF-TV signals would travel greater distances than their normal line-of-sight propagation provided. Thus my home in Chapel Hill, NC was often treated to signals from hundreds of miles away. I recall days when I’d pick up WDUQ from the Pittsburgh on 90.5 with the antenna pointed north, then spin the antenna west to get WETS from Johnson City, Tennessee on 89.5, then spin just north of east to get WTGM (now WHRV) from Hampton Roads, Virginia, on the same channel.

Tropo is cool, but the best FM fishing is in sporadic-E “skip.” This happens when the E-layer becomes slightly refractive of VHF frequencies, bending them down at an angle of just a few degrees, so that the signals “skip” to distances of 800-1200 miles. This also tended to happen most often in late spring and summer months, usually in the late afternoon and evening. Thanks to sporadic-E, we would watch Channel 3 TV stations from Louisiana, Texas, Nebraska, Minnesota, Cuba and various places in Canada. But, more often, I would also carefully log FM stations I identified in Bruce Elving’s FM Atlas. From 1974 to 1985 (after which I lived in California), I logged more than 800 FM stations, most of which came from more than 800 miles away. Bruce said he’d logged more than 2000 from his home in Duluth, Minnesota. I’m sure that’s a record that will stand for the duration. (Bear in mind that there were only about 10,000 FM signals in the U.S. at the time.)

We’re talking about obsession here.

For Bruce, FM was a cause, forever the underdog, even after it became an overdog with his help. See, up until the early ’60s, FM was the secondary radio band in the U.S. The sound was better, but most cars didn’t have FM bands, and most cheap radios didn’t either. Transistor radios, which were the iPods of the ’50s and ’60s, were mostly AM-only. Bruce championed FM, and his newsletter, FMedia, was a tireless advocate of FM, long after FM pretty much won the fight with AM, and then the Internet had begun to win the fight with both.

I remember telling Bruce that he needed to go digital with PCs, and then take advantage of the Net, and he eventually did, to some degree. But he was still pasting up FM Atlas the old-fashioned way (far as I know) well into the ’90s.

I pretty much quit DXing when I came to Silicon Valley in ’85, though I kept up with Bruce for another decade or so after that. Learning about his passing, I regret that we didn’t stay in closer touch. Though we never met in person, I considered him a good friend, and I enjoyed supporting his work.

With Bruce gone, an era passes. TV DXing was effectively killed when the U.S. digital transition moved nearly every signal off VHF and onto UHF (which skips off the sky too rarely to matter). The FM band is now as crowded as the AM band became, making DXing harder than ever. Programming is also dull and homogenous, compared to the Olde Days. And the Internet obsoletes a key motivation for DXing, which is being able to receive and learn interesting things from distant signals. A core virtue of the Internet is its virtual erasure of distance. Anybody can hear or watch streams from pretty much anywhere, any time, over any connection faster than dial-up. The stream also tends to stay where it is, and sound pretty good.

What remains, at least for me, is an understanding of geography and regional qualities that is deep and abiding. This began when I was a kid, sitting up late at night, listening to far-away stations on the headphones of my Hammarlund HQ-129X (hooked up to a 40-meter ham radio dipole in the back yard), with a map spread out on my desk, and encyclopedia volumes opened to whatever city or state a station happened to come from. It grew when I was a young adult, curious about what was happening in Newfoundland, Bermuda, Texas, Winnepeg, or other sources of FM and TV signals I happened to be getting on my KLH Model 18 tuner or whatever old black-and-white TV set I was using at the time.

When it was over, and other technical matters fascinated me more, I’d gained a great education. And no professor had more influence on that education than Bruce Elving, Ph.D.

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So I took up David Weigel‘s challenge in Slate: Read the Reid Plan. Read the Boehner Plan. Get Back to Me… and got as far as this stuff in Reid’s plan:

Reid plan

(Sorry, I had to take a screen shot because the original is a .pdf and the copied text takes too much work to fix.)

So I’m wondering why… let’s see… Pages 46 to 82 — out of a 104-page document — are devoted to this stuff. I really don’t know, although I’m guessing it’s good for Verizon, AT&T and other bidders on that spectrum.

There’s plenty of coverage, of course. Here’s a list, some ranging a bit from the budget fracas, but perhaps illuminating the politics of spectrum, and why it’s in the middle of this thing:

The Boehner plan is utterly opaque to me, at least at this point. But maybe that’s because this spectrum thing stands out so obviously in the Reid plan, and spectrum is a subject I know a few things about. I’m opposed to selling any of it, and think we need to get past spectrum alone as a way to understand radio waves and how they work (especially when we sell off rights to use them… it’s like selling the color blue. I’m also big on open spectrum and unlicensed wireless, but no BigCo wants either, so those aren’t on the table, even though they’re already proven sources of economic benefits. By the way, whatever happened to “the public airwaves”? Remember those?

What do the rest of ya’ll think?

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So I signed up for . I added some friends from the roster already there (my Gmail contacts, I guess). Created a small circle to discuss VRM. Nothing happened there that I know of right now, but I haven’t checked yet. I’m about to (see below), but first I’ll go through my other impressions.

First, the noise level in my email already rivals that of Facebook‘s and LinkedIn’s, both of which are thick with notices of interest in friending (or whatever) from people I don’t know or barely know. On Facebook, which I hardly visit, I see that I have 145 messages from (I guess) among my 857 friends. I also have 709 friend requests. Just said okay to a couple, ignored the rest.

Second, when I look at https://plus.google.com, the look is mighty similar to Facebook’s. Expected, I guess.

Third, I see now that “circles” means streams. Kind of like lists in Twitter. I had thought that cirlces would be a discussion thing, and I guess it is. But I prefer the threading in a good email client. Or just in email. I’m so tired of doing this kind of thing in silos. Email is mine. Google+ is Google’s. In terms of location, I feel like I’m in a corporate setting in Google+, and I feel like I’m at home when I’m in email. The reason, aside from design differences, is that email is free-as-in-freedom. Its protocols are NEA: Nobody owns them, Everybody can use them, and Anybody can improve them. Not the case with these commercial Web dairy farms.

I don’t mean ‘dairy farms’ as an insult, but as a working metaphor. We are not free there. We are the equivalent of cattle on a ranch.

The problem remains client-server, which is cow-calf, and was a euphemism in the first place (I’ve been told) for slave-master.

We’ve gone about as far as we can go with that. We need freedom now, and none of these dairies can give it to us. Yet another site/service can’t work, by the nature of its server-based design. Asking Google, or Yahoo, or Microsoft, or Apple, or a typical new start-up, with yet another site-based service, to make us free, is like asking a railroad to make us a car.

Email is one kind of primitive car. Or maybe just a primitive way of getting along on the road. (It is, after all, a collection of protocols, like the Net and the Web themselves.) We need more vehicles. More tools. Instruments of independence and sovereignty, as Moxy Tongue suggests here and I riff on here.

I’m thinking more about infrastructure these days. Facebook, LInkedIn, Google+ and Twitter are all good at what they do, but they are neither necessary nor sufficient as infrastructural elements supporting personal independence and real social interaction, like the kind we’ve always had offline, and in marketplaces since the days of Ur. Right now nearly all the sites and services we call “social” are platforms for advertising. That’s their business model. Follow the money and that’s where you end up. Then start there to see where they’ll all go. (LinkedIn, to its credit is an exception here. They have a serious set of professional personal services.) Yes, a lot of good in the world gets done with ad-supported social sites and services. But they are still built on the dairy model. And everything new we do on that model will have the same problem.

There are alternatives.

Kynetx’ execution model, for example, transcends the calf-cow model, even as it works alongside it. RSS always has supported personal independence, because it’s something that gives me (or anybody) the power to syndicate — without locking anybody into some company’s dairy. There are other tools, protocols and technologies as well, but I’ll stop naming my own votes here. Add your own in the comments below.

In the New York Times, Robert Cryan and Martin Hutchison of Reuters BreakingViews suggest that Microslft sell its Bing search engine, either outright or in exchange for stock in a company that can do more with it than rank a distant #2 to Google while piling up billions per year in losses, which is what Bing is doing for Microsoft right now.

Bing is a good search engine, but it still seems derivative. Even where it leads, it seems to follow.

Take “bird’s eye views” in map searches. That is, views from a low-flying plane, rather than a from a satellite in space. Bing had it long before Google came up with the same thing, and does a better job of integrating it. Case in point: the Rialto Mercado district of Venice, which I covered (using a Google Maps image) a couple weeks ago, when I was there:

Bancogiro, Rialto Mercado, Venice

Here’s the Bing bird’s eye image of the same place:

Yet who (besides me and too few others) knows that Bing’s bird’s eye views are better? (With real street names, rather than a scattering of commercial locations?) And why hasn’t Microsoft challenged Google on this and other fronts more aggressively? I think the reason is that all Microsoft’s marketing efforts are all going into revenue production with their customers, which are advertisers, rather than users.

So here’s a suggestion for Microsoft: Don’t sell Bing. Sell Bing-based services directly to users — and fight Google where they’re weak: with personal attention and support.

Do that by making customers of users. Sell premium search (and other) services, and provide hand-holding support. Hell, I’ll pay for organic searches (that is, ones where results aren’t buried under Himilayas of SEO). Ad-driven pollution of search results is Google’s biggest problem right now, whether it knows that or not (and I’m sure it does). And, for all its virtues (there are many, most of which are non-trivial), Google remains a server-based company. It isn’t personal, and probably can’t be.

For all its faults (and there are many, also non-trivial), Microsoft has always been a personal computing company. This is a huge advantage. The future, like the past, is personal. Not just “social.” (Which, in the business sense, has come to mean advertising-supported.)

People will pay for value. They always have, and they always will. As Don Marti once said, “Information doesn’t want to be free. It wants to be $6.95.” There is a market here. People saying “Everybody expects everything to be free now” only masks the opportunity. (And, while I’m no fan of iTunes, Apple proved with it that people were willing to pay more than nothing for music, if it was easy.)

Yes, keep the free search engine up, and keep providing plenty of free services. But also remember that the free that matters most to people is freedom. That’s the ultimate secret ingredient, if you really want to get personal. “Social” from the start on the Web has never been about personal freedom. It’s been full of traps: walled gardens, coerced loyalty, isolation from personal data, stalking by robot advertising slave files… The list is a long one. So sell freedom too. Help move the World Live Web evolve from the calf-cow model to the human-human one. Of course you’ll need to make your services unique. But you can also help customers in ways nobody else (at your scale, anyway) is today: by helping them collect data for themselves, so they can decide on their own what to do with it. Make personal data portable as well as personal. Join the personal data ecosystem. Be a VRM as well as a CRM company.

Sure, selling ad-free services might undermine some of Bing’s current ad-based business model, but so what? You’re already losing $billions — and it will undermine Google’s model too. (What could be more competitive? And it’s going to happen anyway.) Go back to your roots. Get personal again. As Dave Winer often says, zig where the other guys zag. So stop being derivative. Take the lead. It’s there for the taking. Nothing could be bigger. Microsoft’s biggest successes already prove that. You can prove it again.

Saw Pom Wonderful Presents The Greatest Movie Ever Sold yesterday*. Brilliant work. I like the way Morgan Spurlock is both respectful and gently mocking of all points of view toward the movie’s subject: product placement in movies. That approach is why I prefer his movies to Michael Moores. Spurlock explores moral conflicts by living through them and sharing the process with his audience. Moore has a moral agenda, and grinds his axes right down to the handle. Moore also has a cruel streak, while Spurlock does not — except, perhaps, toward himself (for example with Super Size Me). Moore’s treatment of the senescent Charton Heston in Bowling for Columbine. still makes me wince.

* I started this post with the paragraph above on April 24, but didn’t finish it until now. In the meantime it just scrolled down out of sight in my outliner, below a pile of other old unposted items. I just found it, so now I’ll finish it.

The remarkable thing for me now is that The Greatest Movie Ever Sold kinda went nowhere. Walking out of the movie, I said to my wife, “This is the turning point on product placement.” But now, three months (to the day) into the future, I’m sure it’s not.

I see here that the movie grossed $629,499, as of July 17. Super Size Me, Spurlock’s hit from 2004, made almost that much on its opening day in May of that year, and passed $11.5 million in the U.S. alone by late September.

Why did Pom Wonderful Presents The Greatest Movie Ever Sold tank? Mixed reviews didn’t help. Nor did ruining a great title by selling it to Pom Wonderful.  (Even though the story behind that was a big part of the movie.) But I think the biggest reason is the topic itself. Nobody gives much of a shit about product placement. First, it’s beyond obvious, and has been ever since Blade Runner pioneered the practice, decades ago (for TDK, Atari, Pan Am, The Bell System and other future fatalities). Second, advertising itself is now beyond ubiquitous. Today, for example, I opened an urgent notice from the U.S. Post Office that contained (in addition to actual information) a home improvement promotion from Lowe’s. The United States Postal Service, brought to you by Lowe’s.

So yeah: we are saturated in advertising. Why would boiling frogs want to see a movie about how they’re being cooked?

I wrote A World of Producers in December 2008. At the time I was talking about camcorders and increased bandwidth demand in both directions:

And as camcorder quality goes up, more of us will be producing rather than consuming our video. More importantly, we will be co-producing that video with other people. We will be producers as well as consumers. This is already the case, but the results that appear on YouTube are purposely compressed to a low quality compared to HDTV. In time the demand for better will prevail. When that happens we’ll need upstream as well as downstream capacity.

Since then phones have largely replaced camcorders as first-option video recording devices — not only because they’re more handy and good enough quality-wise, but because iOS and Android serve well as platforms for collaborative video production, and even of distribution. One proof of this pudding is CollabraCam, described as “The world’s first multicam video production iPhone app with live editing and director-to-camera communication.”

The bandwidth problem here is no longer just with fixed-connection ISPs, but with mobile data service providers: AT&T, Verizon, Vodafone, T-Mobile, Orange, O2 and the rest of them.

For all ISPs, there are now two big problems that should rather be seen as opportunities. One is the movement of pure-consumption video watching — television, basically — from TVs to everything else, especially mobile devices. The other is increased production from users who are now producers and not just consumers. This is the most important message to the market from CollabraCam and other developments like it.

The Cloud has a similar message. As more of our digital interactivity and data traffic move between our devices and various clouds of storage and services (especially through APIs), we’re going to need more symmetrical data traffic capacities than old-fashioned ADSL and cable systems provide. (More on this from Gigaom.)

Personally, I don’t have a problem with usage-based pricing of those capacities, so long as it —

  • isn’t biased toward consumption alone (the TV model)
  • doesn’t make whole markets go “bonk!” when the most enterprising individuals and companies run into ceilings in the form of usage caps or “bill shocks” from hockey-stick price increases at usage thesholds,
  • doesn’t bury actual pricing in “plans” that are so complicated that nobody other than the phone companies can fully understand them (and in practice are a kind of shell game, and a bet that customers just aren’t going to bother challenging the bills), and
  • doesn’t foreclose innovations and services from independent (non-phone and non-cable) ISPs, especially wireless ones.

What matters is that the video production horse has long since left Hollywood’s barn. The choice for Hollywood and its allies in the old distribution system (the same one from which we still buy Internet access and traffic capacities) is a simple one:

  1. Serve those wild horses, and let them take the lead in all the directions the market might go, or
  2. Keep trying to capture them and limiting market sizes and activities to what can be controlled in top-down ways.

My bet is that there’s more money in free markets than in captive ones. And that we — the wild horses, and the companies that understand us — will prove that in the long run.

Last week we spent a lot of time here, in Venice:

Bancogiro, Rialto Mercado, Venice

The triangular marble plaza on the edge of the Grand Canal of Venice is known informally as Bancogiro, once one of Italy’s landmark banks, and now the name of an osteria there. The plaza is part of Rialto Mercado, the marketplace where Marco Polo was based and prospered when he wasn’t out opening trade routes to the east. It’s also where Shakespeare set The Merchant of Venice, and where Luca Pacioli studied double entry bookkeeping, which he described in Summa de arithmetica, geometria, proportioni et proportionalità (Venice 1494), one of the first textbooks written in the vernacular (rather than Latin), and an early success story of the printing press.

Here’s a photo set of the place.

Here’s a 360° view. (While it’s called “Fondamenta de la Preson,” that’s just the cockeyed white building in the map above — a former womens prison — in the corner of the plaza.)

Note that Google Maps tells us little about the location, but plenty about the commercial establishments there. When I go for a less fancy view, the problem gets worse:

Bancogiro, Rialto Mercado, Venice

In that pull-down menu (where it says “Traffic”) I can turn on webcams, photos and other stuff from the Long Tail; but there’s no way to turn on labels for the Grand Canal, the Bancogiro plaza, the Rialto Mercado vaporetto (water bus) stop, the Rialto Mercado itself, the Fondamenta de la Preson (women’s prison, labeled, sort of, in the upper view but not the lower), or even the @#$% street names. The only non-commercial item on the map is the Arciconfraternita Di San Cristoforo E Della Misericordia, which is an organization more than a place.

(My wife just said “You know those hotel maps they give away, that only show hotels? It’s like that, only worse. The hotel maps at least give you some street names.”)

For example, try to find information about the Bancogiro: that is, about the original historic bank, rather than the osteria or the other commercial places with that name. (Here’s one lookup.) For awhile I thought the best information I could find on the Web was text from the restaurant menu, which I posted here. That says the bank was founded in 1157. But this scholarly document says 1617. Another seems to agree. But both are buried under commercial links.

The problem here is that the Web has become commercialized at the cost of other needs of use. And Google itself is leading the way — to the point where it is beginning to fail in its mission to “organize the world‘s information and make it universally accessible and useful.”

This is understandable, and easily rationalized. Google is a commercial enterprise. It makes money by selling advertising, and placing commercial information in settings like the ones above. This has been good in many ways, and funds many free services. But it has subordinated purely useful purposes, such as finding the name of a street, a canal, or a bus stop.

There are (at least) two central problems here for Google and other giants like it. One is that we’re not always buying something, or looking only for commercial information. The other is that advertising should not be the only business model for the likes of Google, and all who depend on it are at risk while it remains so.

One missing piece is a direct market for useful information. Toward that end I’ll put this out there: I am willing to pay for at least some of the information I want. I don’t expect all information to be free. I don’t think the fact that information is easily copied and re-used means information “wants” to be free. In other words, I think there is a market here. And I don’t think the lack of one is proof that one can’t be built.

What we need first isn’t better offerings from Google, but better signaling from the demand side of the marketplace. That’s what I’m try to do right now, by signaling my willingness to pay something for information that nobody is currently selling at any price. We need to work on systems that make both signaling and paying possible — on the buyer’s terms, and not just the seller’s.

This is a big part of what VRM, or Vendor Relationship Management is about. Development is going on here. EmanciPay, for example, should be of interest to anybody who would like to see less money left on the market’s table.

Bonus link.

 

Air travel has taught us to hate flying, and that’s a huge bummer, because flying is just freaking amazing.

Yesterday I flew from Rome to Brussels, in a window seat on the right side of the plane. I knew if we were lucky, we’d see the Alps, as well as other geographic and geological wonders. We were, and a few of us did. But most passengers, even with window seats, saw nothing. They ignored the spectacle sliding by under the window.

Back when I was in the third grade, I remember hanging out with older kids who argued about what subjects they hated most. They came to an agreement around geography. I saw that as herd mentality, and decided right there to become interested in what they hated, and the result has continuously informed my life.

That’s why I expected to see the Matterhorn and the Pennine Alps yesterday, and got the nice series of shots you’ll see as a slide show if you click on the picture above. I’d seen the Matterhorn from the ground as well, and that helped. But what helped most was remaining curious about geography and geology, and loving to fly. I didn’t let school teach me to hate those subjects way back when, just like I don’t let air travel teach me to hate flying.

I see that Boeing has gone to the trouble, with the new 787 Dreamliner, to give windows and views more respect that we’re accustomed to getting from airlines. I also see that United, with which I have flown close to a million miles, will soon be flying a bunch of 787s. United catches a lot of flak for being an imperfect airline, but my experience with them is nearly 100% positive, and I love the fact that they share air traffic audio with passengers, and is the only airline to do so. They woudn’t if they didn’t love flying too.

So here is an appeal to United, as the 787 launch dates approach: Get in touch with me. If you’d like to make flying lovable again for everybody, I’d like to help.

While arguments over network neutrality have steadily misdirected attention toward Washington, phone and cable companies have quietly lobbied one state after another to throttle back or forbid cities, towns and small commercial and non-commercial entities from building out broadband facilities. This Community Broadband Preemption Map, from Community Broadband Networks, tells you how successful they’ve been so far: Broadband Preemption Map Now they’re the verge of succeeding in North Carolina too.

This issue isn’t just close to home for me. I lived in North Carolina for nearly two decades, and I have more blood relatives there than in any other state. (Not to mention countless friends.) Not one of them tells me how great their broadband is. More than a few complain about it. And I can guarantee that the complaints won’t stop once the Governor signs the misleadingly-named ”Level Playing Field/Local Gov’t Competition act” (H129), which the cable industry has already been lobbied through the assembly.

The “free market” the phone and cable companies claim to operate in, and which they mostly occupy as a duopoly, is in fact a regulatory zoo where the biggest animals run the place. Neither half of the phone/cable duopoly has ever experienced anything close to a truly free market; but they sure know how to thrive in the highly regulated one they have — at the federal, state and local levels. Here’s Ars on the matter:

Let’s be even clearer about what is at stake in this fight. Muni networks are providing locally based broadband infrastructures that leave cable and telco ISPs in the dust. Nearby Chattanooga, Tennessee’scity owned EPB Fiber Optics service now advertises 1,000Mbps. Wilson, North Carolina is home to the Greenlight Community Network, which offers pay TV, phone service, and as much as 100Mbps Internet to subscribers (the more typical package goes at 20Mbps). Several other North Carolina cities have followed suit, launching their own networks. In comparison, Time Warner’s Road Runner plan advertises “blazing speeds” of 15Mbps max to Wilson area consumers. When asked why the cable company didn’t offer more competitive throughput rates, its spokesperson told a technology newsletter back in 2009 that TWC didn’t think anyone around there wanted faster service. When it comes to price per megabyte, GigaOm recently crunched some numbers and found out that North Carolina cities hold an amazing 7 of 10 spots on the “most expensive broadband in the US” list.

And here’s what Wally Bowen and Tim Karr say in the News & Observer:

North Carolina has a long tradition of self-help and self-reliance, from founding the nation’s first public university to building Research Triangle Park. Befitting the state’s rural heritage, North Carolinians routinely take self-help measures to foster economic growth and provide essential local services such as drinking water and electric power. Statesville built the state’s first municipal power system in 1889, and over the years 50 North Carolina cities and towns followed suit. In 1936, the state’s first rural electric cooperative was launched in Tarboro to serve Edgecombe and Martin counties. Today, 26 nonprofit electric networks serve more than 2.5 million North Carolinians in 93 counties. Strangely, this self-help tradition is under attack. The General Assembly just passed a bill to restrict municipalities from building and operating broadband Internet systems to attract industry and create local jobs. Although pushed by the cable and telephone lobby, similar bills were defeated in previous legislative sessions. But the influx of freshmen legislators and new leadership in both houses created an opening for the dubiously titled “Level Playing Field” bill (HB 129).

No one disputes the importance of broadband access for economic growth and job creation. That’s why five cities – Wilson, Salisbury, Morganton, Davidson and Mooresville – invoked their self-help traditions to build and operate broadband systems after years of neglect from for-profit providers, which focus their investments in more affluent and densely populated areas. Not coincidentally, all five cities own and operate their own power systems or have ties to nonprofit electric cooperatives. (While the bill does not outlaw these five municipal networks, it restricts their expansion and requires them to make annual tax payments to the state as if they were for-profit companies.) How does a state that values independence, self-reliance and economic prosperity allow absentee-owned corporations to pass a law essentially granting two industries – cable and telephone – the power to dictate North Carolina’s broadband future? This question will be moot if Gov. Beverly Perdue exercises her veto power and sends this bill where it belongs: to the dustbin of history.

We don’t need more laws restricting anything around Internet infrastructure build-outs in the U.S. That’s the simple argument here.

We need the phone and cable companies to improve what they can, and we need to encourage and thank them for their good work. (As I sometimes do with Verizon FiOS, over which I am connected here in Massachusetts.)

We also need to recognize that the Internet is a utility and not just the third act (after phone and TV) in the “triple play” that phone and cable companies sell. The Net is more like roads, water, electricity and gas than like TV or telephony (both of which it subsumes). It’s not just about “content” delivered from Hollywood to “consumers,” or about a better way to do metered calls on the old Ma Bell model. It’s about everything you can possibly do with a connection to the rest of the world. The fatter that connection, the more you can do, and the more business can do.

Cities and regions blessed with fat pipes to the Internet are ports on the ocean of bits that now comprise the networked world. If citizens can’t get phone and cable companies to build out those ports, it’s perfectly legitimate for those citizens to do it themselves. That’s what municipal broadband build out is about, pure and simple. Would it be better to privatize those utilities eventually? Maybe. But in the meantime let’s not hamstring the only outlet for enterprise these citizens have found.

Here’s a simple fact for Governor Perdue to ponder: In the U.S. today, the leading innovators in Internet build-out are cities, not phone and cable companies. Look at Chatanooga and Lafayette — two red state cities that are doing an outstanding job of building infrastructure that attracts and supports new businesses of all kinds. Both are doing what no phone or cable companies seems able or willing to do. And both are succeeding in spite of massive opposition by those same incumbent duopolists.

The Internet is a rising tide that lifts all economic boats. At this stage in U.S. history, this fact seems to be fully motivating to enterprises mostly at the local level, and mostly in small cities. (Hi, Brett.) Their customers here are citizens who have direct and personal relationships with their cities and with actual or potential providers there, including the cities themselves. They want and need a level of Internet capacity that phone and cable companies (for whatever reason) are not yet giving them. These small cities provide good examples of The Market at work.

It isn’t government that’s competing with cable and phone companies here. Its people. Citizens.

No, these new build-outs are not perfect. None are, or can be. Often they’re messy. But nothing about them requires intervention by the state. Especially so early in whatever game this will end up being.

I urge friends, relatives and readers in North Carolina to Call Governor Perdue at (800) 662-7952, and to send her emails at  governor.office at nc.gov. Tell her to veto this bill, and to keep North Carolina from turning pink or red on the map above. Tell her to keep the market for broadband as free as it’s been from the beginning.

Bonus link.

[Later, as the last hour approaches...]

Larry Lesig has published an open letter to Governor Perdue, Here is most of it:

Dear Governor Perdue:

On your desk is a bill passed by the overwhelmingly Republican North Carolina legislature to ban local communities from building or supporting community broadband networks. (H.129). By midnight tonight, you must decide whether to veto that bill, and force the legislature to take a second look.

North Carolina is an overwhelmingly rural state. Relative to the communities it competes with around the globe, it has among the slowest and most expensive Internet service. No economy will thrive in the 21st century without fast, cheap broadband, linking citizens, and enabling businesses to compete. And thus many communities throughout your state have contracted with private businesses to build their own community broadband networks.

These networks have been extraordinarily effective. The prices they offer North Carolinians is a fraction of the comparable cost of commercial network providers. The speed they offer is also much much faster.

This single picture, prepared by the Institute for Local Self Reliance, says it all: The yellow and green dots represent the download (x-axis) and upload (y-axis) speeds provided by two community networks in North Carolina. Their size represents their price. As you can see, community networks provide faster, cheaper service than their commercial competitors. And they provide much faster service overall.

2011-05-20-broadbandgraph.png

 

Local competition in broadband service benefits the citizens who have demanded it. For that reason, community after community in North Carolina have passed resolutions asking you to give them the chance to provide the Internet service that the national quasi-monopolies have not. It is why businesses from across the nation have opposed the bill, and business leaders from your state, including Red Hat VP Michael Tiemann, have called upon you to veto the bill.

Commercial broadband providers are not happy with this new competition, however. After spending millions in lobbying and campaign contributions in North Carolina, they convinced your legislature to override the will of local North Carolina communities, and ban these faster, cheaper broadband networks. Rather than compete with better service, and better prices, they secured a government-granted protection against competition. And now, unless you veto H. 129, that protection against competition will become law.

Opponents of community broadband argue that it is “unfair” for broadband companies to have to compete against community-supported networks. But the same might be said of companies that would like to provide private roads. Or private fire protection. Or private police protection. Or private street lights. These companies too would face real competition from communities that choose to provide these services themselves. But no one would say that we should close down public fire departments just to be “fair” to potential private first-responders.

The reason is obvious to economists and scholars of telecommunications policy. As, for example, Professor Brett Frischmann argues, the Internet is essential infrastructure for the 21st century. And communities that rely solely upon private companies to provide public infrastructure will always have second-rate, or inferior, service.

In other nations around the world, strong rules forcing networks to compete guarantee faster, cheaper Internet than the private market alone would. Yet our FCC has abdicated its responsibility to create the conditions under which true private broadband competition might flourish in the United States. Instead, the United States has become a broadband backwater, out-competed not only by nations such as Japan and Korea, but also Britain, Germany and even France. According to a study by the Harvard Berkman Center completed last year, we rank 19th among OECD countries in combined prices for next generation Internet, and 19th for average advertised speeds. Overall, we rank below every major democratic competitor — including Spain — and just above Italy.

In a world in which FCC commissioners retire from the commission and take jobs with the companies they regulate (as Commissioner Baker has announced that she will do, by joining Comcast as a lobbyist, and as former FCC Chairman Powell has done, becoming a cable industry lobbyist), it is perhaps not surprising that these networks are protected from real competition.

But whether surprising or not, the real heroes in this story are the local communities that have chosen not to wait for federal regulators to wake up, and who have decided to create competition of their own. No community bans private networks. No community is unfairly subsidizing public service. Instead, local North Carolina communities are simply contracting to build 21st-century technology, so that citizens throughout the state can have 21st-century broadband at a price they can afford.

As an academic who has studied this question for more than a decade, I join many in believing that H.129 is terrible public policy…

Be a different kind of Democrat, Governor Perdue. I know you’ve received thousands of comments from citizens of North Carolina asking you to veto H.129. I know that given the size of the Republican majority in the legislature, it would be hard for your veto to be sustained.

But if you took this position of principle, regardless of whether or not you will ultimately prevail, you would inspire hundreds of thousands to join with you in a fight that is critical to the economic future of not just North Carolina, but the nation. And you would have shown Republicans and Democrats alike that it is possible for a leader to stand up against endless corporate campaign cash.

There is no defeat in standing for what you believe in. So stand with the majority of North Carolina’s citizens, and affirm the right of communities to provide not just the infrastructure of yesterday — schools, roads, public lighting, public police forces, and fire departments — but also the infrastructure of tomorrow — by driving competition to provide the 21st century’s information superhighway.

With respect,

Lawrence Lessig

To contact the governor, you can email her. If you’re from North Carolina, this link will take you to a tool to call the governor’s office. You can follow this fight on Twitter at @communitynets
You can follow similar fights on Twitter by searching #rootstrikers.

Well put, as usual. Hope it works.

We’re doing something different at next week’s IIW: inviting investors. So here’s a pitch that should resonate with investors — especially in Silicon Valley, where IIW happens (appropriately, at the Computer History Museum in Mountain View)…

Here’s a chance to check in on development work on a huge new disruptive market play: empowering customers as independent players in the marketplace, and building new businesses that serve liberated customers who want choices other than those between silos and walled gardens.

We’re talking here about equipping demand to drive supply, rather than just the reverse. (Which is fine and necessary, but it’s been done. A lot.)

We’re talking about creating tools and services proving at last that free customers are more valuable than captive ones.

We’re talking about how much more can happen in a marketplace where customers collect, control and selectively share their own data, for their own purposes — which nobody on the vendor side needs to guess about, because the customer knows, has the intent, and has the money.

We’ve been working on these tools for awhile now. My own work, both through IIW (which I help organize) and ProjectVRM at Harvard’s Berkman Center, has been to encourage development of tools that liberate and empower customers in the marketplace. Thanks also to the good work of allied efforts, many of these tools now exist, and more are coming along.

These tools fall into many categories. Some are open source efforts that equip developers with essential building material. Some are commercial efforts at the angel or pre-angel stages. Some are already funded. Some are existing businesses looking for partners. Whatever breed they are, all should be interesting to investors looking to place bets on customers, and on companies that align with customer interests and intentions in the marketplace.

IIW — which stands for Internet Identity Workshop — has always been about development. Since 2005 we’ve been getting together twice a year to share ideas and move work forward. As a workshop, it’s organized as an unconference. No speakers, no panels. Participants suggest topics and everybody breaks out to rooms and tables where those topics get discussed, whiteboards get marked up, and in many cases code gets shown and improved.

On Tuesday and Wednesday, May 3 and 4, the workshop will follow the usual routine. But on Thursday, May 5, we’ll visit a new topic which we’re calling “Yukon”: a one-word play on the line, “You control your own data.” As it says here,

Something New: IIW + Yukon: One of the longtime themes of IIW is how identity and personal data intersect. Many important discussions about Vendor Relationship Management (VRM) have also taken place at IIW. In recognition of how personal data and identity are intertwined, the third day of the IIW, May 5, will be designated “IIW + Yukon” and will stress the emerging personal data economy. The primary theme will be personal data control and leverage, where the individual controls and drives the use of their own data, and data about them held by other parties.

This isn’t social. It’s personal. This day you can expext open-space style discussions of personal data stores (PDS), PDS ecosystems, and VRM. One purpose of Yukon is to start to focus on business models and value propositions, so we will specifically be reaching out to angels and VC’s who are intersted in personal data economy plays and inviting them to attend.

Whether or not you’re an investor, or just friends with some (as pretty much all of us are these days), you’re invited. Looking forward to seeing you there.

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That’s my Idea For a Better Internet. Here’s what I entered in the form at http://bit.ly/i4bicfp:

Define the Internet.

There is not yet an agreed-upon definition. Bell-heads think it’s a “network of networks,” all owned by private or public entities that each need to protect their investments and interests. Net-heads (that’s us) think it’s a collection of protocols and general characteristics that transcend physical infrastructure and parochial interests. If you disagree with either of the last two sentences, you demonstrate the problem, and why so many arguments about, say, “net neutrality,” go nowhere.

The idea is to assign defining the Internet to students in different disciplines: linguistics, urban planning, computer science, law, business, engineering, etc. Then bring them together to discuss and reconcile their results, with the purpose of informing arguments about policy, business, and infrastructure development. The result will be better policy, better business and better deployments. Or, as per instructions, “a better place for everyone.”

There should be fun research possibilities in the midst of that as well.

It’s a Berkman project, but I applied in my capacity as a CITS fellow at UCSB. I’ll be back in Santa Barbara for the next week, and the focus of my work there for the duration has been Internet and Infrastructure. (And, if all goes as planned, the subject the book after the one I’m writing now.)

So we’ll see where it goes. Even if it’s nowhere, it’s still a good idea, because there are huge disagreements about what the Internet is, and that’s holding us back.

I gave Why Internet & Infrastructure Need to be Fields of Study as my background link. It’s in sore need of copy editing, but it gets the points across.

Today’s the deadline. Midnight Pacific. If you’ve got a good idea, submit it soon.

After your taxes, of course. (Richard, below, points out that Monday is the actual Tax Day.)

The first time I went to Twitter this morning, I got this:

Before that, the computer had been asleep all night.

I still haven’t tweeted anything this morning.

There must be some meaning behind the message, but the message itself says nothing useful.

When I’ve seen this before, I thought perhaps Twitter in my browser had been hitting the API too hard for updates or something. But I didn’t even have my browser open. Neither my computer nor I had been doing anything with Twitter — as far as I know.

This story says, “Twitter restricts the amount you can access the service to a set rate in an effort to prevent apps from mercilessly pinging Twitter every x number of seconds.” But what apps are pinging the server? How? What can a user do to get an app to back off — or even see which app needs to back off?

I have many dozens of apps on my phone. Could it be one of those? Since the computer was asleep and the phone was on I’d guess so, but I have no idea. When I look at the apps that might be open, in the “tray” (or whatever that is) at the bottom of my iPhone screen (which only appears if I double-click on the button), I see nothing obvioius that might hit Twitter. Clock? Calendar? Voice Memos? Foursquare? Of those I’d guess Foursquare, but I can’t find where in Foursquare I could control how it hits Twitter’s API, or have anything to do with Twitter. Its settings say nothing about Twitter.

Could it be the Twitter app? I just noticed that it was open too. I can’t think of any other culprit at this point.

This piece by Chat Catacchio points to Twitter’s Rate Limits FAQ. That in turn points to a Rate Limits page. That points to an About Rate Limits page. And that points to an API rate limiting page. Nothing helpful in any of them, that I can see.

Adds Chad, “Some API clients, including Twitter’s own products, have additional rate limit allowances.” What those ‘additional rate limit allowances’ are, only Twitter knows.”

Whatever the trouble is, Twitter doesn’t provide an easy way to shoot it.

Here’s the bigger problem: We have come to treat Twitter as infrastructure, and clearly it is not. It is a huge single point of failure, and it sorely needs to be substitutable.

By that I mean you can tweet on other sites, or on your own server, and have those tweets followed by anybody. It means your followers don’t need Twitter to follow you — they don’t need anybody other than you.

Can you do that with Status.Net? If so, somebody please tell me how. (This should be helpful.)

[Later...] I turned off the Twitter app on my iPhone, and haven’t run into the usage limit again yet. Coincidence?

If the Twitter app really is to blame, there needs to be a way it can warn the user that it’s hitting the API too often, and offer a way to reduce that form of background traffic.

[Later again...] Well, it’s now the 13th. I haven’t had the Twitter app open on the phone, I’ve turned off a number of other services on the Web that might be hitting the Twitter API on my behalf, and I hardly looked at Twitter at all today before making one tweet. And I got the “hourly usage limit” message again.

This is fucked up.

By the way, I would pay Twitter to avoid this hassle. I that the idea? If so, maybe it’s working. But it’s a shitty shakedown, if true.

 

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“Social networks” are getting out of control. And I don’t mean their control. I mean your control and mine. Here’s an image to keep in mind while you read the rest of this post:

The calf is you or me. The cow is just one of our many social networks. Here’s how the situation looks from my browser…

  • I have 840 contacts . I won’t call them friends, though some of them are. A few are relatives, but most are neither. They’re people I’ve met or had contact with, somehow, somewhere. I also have 675 “friend requests.” If you’re on that list and want to contact me, find another way, since I avoid Facebook for all but the unavoidable (such as, say, a reunion that’s being organized by relatives).
  • I have 480 contacts , most of which I know about as well as my contacts on Facebook. I also belong to one Linkedin discussion group that I haven’t figured out how to deal with yet, mostly because I prefer my discussion groups in email, where I can sort them out into boxes of my own making. I see that Linkedin now also has updates on the Twitter model (and via Twitter). I see why they do it, but I don’t need it.
  • I have 212 contacts on Flickr (plus more through three other accounts). I don’t know and don’t follow most of those contacts, because to me Flickr is is for sharing photos with the world in organized ways. While I appreciate the groups there, I’ve organized none, and when my photos show up in some, it’s always because other people — most of which I don’t know — have put them there. I also know few if any of the people who have put more than 200 of my photos on Wikimedia Commons, a gallery of photos eligible for inclusion in Wikipedia articles. (And, in fact, most of my shots in the Commons are also in Wikipedia.) Again, this is not a social effect. Also note that in the Wikipedia case that there isn’t a business model anywhere in sight (aside from the $50/year I gladly pay for my two “pro” Flickr accounts).
  • I follow 1352 entities (most are people, some are companies or organizations) , and am followed by 13,096 others. I am sure most of us, whoever (and whatever) we are, don’t know each other. I use Twitter to find and share interesting stuff in short postings. This may be “social,” but only in a very loose sense.
  • I don’t know how many “friends” or contacts I have on Google, because I can’t find a number, or a list. My iGoogle page (which I view in just one of the four browsers I use) lists eight alphabetically before it runs out out of space at the letter N. I don’t know how to scroll down to see the rest, and I’m not much interested in trying. In any case the number is a tiny subset of lists elsewhere. For what it’s worth, I use Google’s services for many different things (docs, self-organized groups, mail de-spamming), but “social” stuff is not among them.
  • The address book on my computer lists 1162 cards, including a growing number of dead people, dead companies, and dead numbers from live companies. Yesterday I weeded the number of Verizon contact numbers down from six to one.
  • My main chat client, which spans four different contact lists and accounts (AIM-iChat, Google, Linux Journal and the Berkman Center), currently shows 35 available. I don’t know what the total number of contacts there is. Several hundred, I guess.
  • My other chat account, Skype, doesn’t integrate with those in the last paragraph and doesn’t give me a count of people online and off. I’m guessing I have about fifty contacts there.

The job of integrating all of these is mine, and I don’t bother, because the tools for doing that don’t yet exist — at least not in sufficient maturity for me to contemplate using them. Thus I am not yet what calls the point of integration for my own data. In fact I can’t be, because most of the data in these “social networks” is not mine. Functionally (if not also legally), it’s theirs. And I’m just a calf for each of them.

Of course, all these companies want to help me do everything, by leveraging the “social” data they have about me. Mostly they give me advertising that doesn’t help, but sometimes they just try to improve their meat and potatoes with “social” gravy. The latest example is Google, with “” recommendations. These augment Google’s third improvement to , through a button “to publicly give something your stamp of approval.” The idea: “Your +1′s can help friends, contacts, and others on the web find the best stuff when they search,” because “sometimes it’s easier to find exactly what you’re looking for when someone you know already found it.”

Why does Google think we want to “find the best stuff” all the time — as if all we do is shop, or something like it? Sure, they make their money with advertising, but I think the real reason is that they can’t resist the temptation to route “social” signals into everything else. Hey, it’s what the other kids are doing.

Since so much of what those kids do is invisible to us, they try to get away with all kinds of stuff. For more on what they’re doing, read The Wall Street Journal‘s What They Know series  http://wsj.com/wtk), and Joe Andrieu’s ISharedWhat Facebook login simulation site, which shows you how much personal data — yours and your friends’ — might get spilled every time you click on one of these:

They get away with it because the calf-cow system allows it. Also because the World Wide Ranch is getting really freaking huge. By some counts there are more than a billion commercial sites on the Web. Just by the sheer numbers involved, the default assumption is that most searches have commercial purposes. That’s what you’re likely to find in any case.

It’s interesting that non-advertising search results are now called “organic,” as if they were some kind of marginalized exception, of interest only to to a few obsessive purists.

Says Wikipedia, “Organic search results are listings on search engine results pages that appear because of their relevance to the search terms, as opposed to their being advertisements. In contrast, non-organic search results may include pay per click advertising.” How quaint and retro, to think that some search results should simply be relevant to search terms, without commercial prejudice by the search engine.

In respect to Google’s recent search improvements, I submit that organic searches are still what people want most, and that “social” help is marginal at best and distracting at worst.

Take yesterday morning, when I was wondering what accounts for ground conductivity. This was, admittedly, an idle distraction of the sort I wrote about later in the day, in World Wide Puddle. I mean, I didn’t really need to know what accounts for ground conductivity, especially since it’s a question I’ve had for about fifty years, and I haven’t suffered for lack of an answer. But search engines are here for a reason, so I looked again.

Google says it finds more than six million results in a search for “ground conductivity”. The top result is the FCC’s M3 maps page, which I’d expect. These maps explain why, for example, , a 5000-watt radio station on 570am in Yankton, South Dakota, has a signal that reaches from Canada to Oklahoma, while WWNC, a station on the same channel in Asheville, North Carolina, operating with the same power, covers an area only a fraction the size of WNAX’s. For a broadcast engineering junkie like me, this is catnip, but it doesn’t explain why ground conductivity varies from one region to another. I mean, why does flat ground in Long Island have almost no ground conductivity (0.5 mhos/meter) while equally flat ground around Dallas has very high ground conductivity (30 mhos/meter). Why do mountains in New England have low conductivity (2-4 mhos/meter) while mountains in coastal California have high conductivity (8-30 mhos/meter)? The M3 maps don’t say.

In the second result, Wikipedia saysGround conductivity refers to the electrical conductivity of the subsurface of the earth.” But that’s about it.

The third result, from Tom K1JJ, tells how to measure ground conductivity, but doesn’t explain the cause.

Next is a Facebook page on the subject, with a write-up lifted straight out of Wikipedia. It is recommended to me, with thumbs up, by two people I know: a nephew of mine and a fellow broadcast engineering obsessive. There is no discussion, and the page says “0 people like this”.

Two decades ago, when Compuserve hosted a large variety of excellent forums, I belonged to a broadcast engineering social network of sorts (though few of us met in real life). But today I don’t have one, even on Facebook — and the rest of my many “social networks” are no help with searches like this one.

Hmm… I just thought, “maybe Quora could provide some help. I just went there in the browser where Quora’s cookies for me are parked. It still wants me to log in, and a minute has passed while the progress thing on the bottom of the page says “Waiting for Facebook.” Okay, I’m there now, and I just put up the question, “What causes ground conductivity?”. According to Quora, I have “981 Followers, 485 Followingand “6 @Mentions” there. Will one or more of them get me an answer? Interesting experiment. We’ll see.

Whatever happens on Quora, I have no faith that my searches on Google will be improved by anybody’s “+1,” any more than my searches have been improved by “social” whatever. Here’s why: usually I’m looking for something very specific. And often what I’m looking for is not for sale.

In most cases I use Google and Bing the way I use a dictionary: to look something up. I don’t need a “recommendation” when I just want to know how to spell “mocassin”. Stand back, everybody. I think the dictionary should have it. Thank you.

I learned about Google’s “+1″ feature only this morning, on Sheila Lennon’s blog. There she quotes the same Google post about “+1″:

So how do we know which +1’s to show you? Like social search, we use many signals to identify the most useful recommendations, including things like the people you are already connected to through Google (your chat buddies and contacts, for example). Soon we may also incorporate other signals, such as your connections on sites like Twitter, to ensure your recommendations are as relevant as possible. If you want to know who you’re connected to, and how, visit the “Social Circle and Content” section of the Google Dashboard.

To get started +1’ing the stuff you like, you’ll need to create a Google profile—or if you already have one, upgrade it. You can use your profile to see all of your +1’s in one place, and delete those you no longer want to recommend. To see +1’s in your Google search results you’ll need to be logged into your Google Account.

I just clicked on the Google Dashboard link, and found I had to log in, even though I was already logged in on a different tab in the same browser. This got me into my Google Accounts page, which has a LOT of information in a lot of contexts — all provided by Google. At the top is Gmail. Slightly edited (for the privacy of others), and with links removed, it says,

Gmail
Inbox 5000 conversations
Most recent: [18] new discussions, [15] new comments… at 9:22 AM
All mail 5000 conversations
Most recent: [18] new discussions, [15] new comments… at 9:22 AM
Sent mail 70 conversations
Most recent: ____ on Mar 31, 2011
Saved drafts 46 conversations
Most recent: progress & title on Mar 9, 2011
Chat history 60 conversations
Most recent: Chat with __________ on Mar 11, 2011
Spam 17000 conversations
Most recent: Copy of a Gucci watch is what you need … at 9:40 AMTrash 60 conversationsMost recent: Re: Sharing my TEDx Talk: The Unclear Path at 11:01 PM

First, I almost never go to Gmail in a browser. In fact, few people know my actual Gmail address (which is silly and has nothing to do with my real name). All mail to me at Searls.com gets routed to my Gmail account, which I use to filter out spam. I then pick up mail there from my IMAP account, which keeps copies at the server, or “in the cloud” as we now like to say.

Second, what makes Spam or Trash “conversations”? I’ll go to my grave being known as the main guy responsible for the “markets are conversations” meme, but usage like this makes me regret it.

Following Gmail on my Accounts page are:

  • Google Video (nothing uploaded)
  • Groups (33 total, mostly inactive, and not including two I just killed off)
  • Health (1 profile, which I gave up filling out long ago)
  • iGoogle (14 gadgets, 1 tab)
  • Latitude (disabled, because I like not being tracked)
  • Product search (shopping list has two items: the most recent of which reads “Most recent: Canon EOS 30D on May 27, 2006″ — a camera I bought long ago)
  • Profile (16 “about me” items, most of which I have kept vague)
  • Reader (36 subscriptions, following 11)
  • Sidewiki (no entries)
  • Sites (1 “shared with me” that I don’t know)
  • Social Circle and Content (which says,
    Direct connections from Google chat and contacts 4 connections with content; Direct connections from links listed on your Google profile 200 connections with content; Secondary connections 1788 connections with content; and Social content 3 links — and I have no idea wtf that all means)
  • Talk (23 contacts, which settles a guess I made above)
  • Web history (most recent for Web, Images, News, Products, Video, Maps, Blogs and Books — but only with this one browser, on this one laptop)
  • YouTube (a profile, plus a paucity of stuff under uploads, history, favorites, subscription, contacts and personal messages)
  • Other products (“11 additional products are not yet available in this dashboard – Show all”)

So I just spent twenty minutes weeding through and cleaning up all that stuff. I could spend similar sums of time doing the same on Linkedin, Flickr and other services. But I would rather have my own way of keeping personal information straight with myself, and sharing it selectively and when I felt like it. That’s what VRM development going on in the Personal Data Ecosystem is about. I won’t go into all the projects, but the idea they share is that each of us, as sovereign individuals, are (as Joe says) the best points of integration for our own data. None of these social sites, no matter how well-intended they may be, can do the job, simply because nothing, and nobody, can be personal for me on my behalf. If puppets are involved, they need to be mine. Not the reverse.

At the Kynetx Impact conference two weeks ago (where much fun was had), gave an interesting talk that summarized what he said last November, in a post perfectly titled
The Third Wave of the Web Will Be Uniquely Personal. He writes about three waves. The first is “information and access” — roughly what I’ve called the “static Web.” The seond is “social.” That’s the stage we’re getting fed up with now. The third is personal:

Now that the world’s information is posted, linked, indexed and searchable, and friends are connecting, sharing, liking, and following, the quest is on to streamline the noise and give the Web another dimension – one not measured by the data, or who led you to the data, but you as an individual. The third wave of the Web, I believe, is going to be about personalization by individual based on that individual’s preferences – explicitly stated or otherwise.

The declaration of the next wave of the Web being personal is not shared universally, of course. Some say the next wave is all about mobile. Others may say the next wave is all about location. But the right approach to ‘personal’ absolutely encompasses each of these things. With our smartphones and tablets being increasingly powerful, they are practically an extension of us, and we are relying on them to discover relevant things, content, places and products for us as individuals. Similarly, our location is an ingredient of who we are – for where we are impacts our decisions, and what tips are relevant, be it for news, for restaurants, lodging, dating or anything else. So “personal” as an individual is both local and mobile.

Excellent. I especially like how smartphones and tablets are extensions of ourselves in the world. (A little more about that here.) Then he adds,

Personal As In Me.

A lot of services say they are “personal”, when in fact, most of what they do is actually social.

These services may leverage your social graph to provide personalized recommendations based on what friends or other people similar to you may like – much like television shows group people of similar demographics to guess what commercials are best suited for which episodes in which time slots. The hope may be that the more your friends like something, the more likely you are to click it or buy it. Peer pressure, you know. Meanwhile, other services say they are personal because you have specifically provided them with information about you and what you like, which goes partway to discovering your interests, but is incomplete, and possibly inaccurate, as you may want to indicate that you are something that you are not, or you may have overlooked some of your own interests in the name of rapid completion.

Beyond these initial attempts is a new wave of companies trying to crack the code of the real you. Of course, my6sense is one of those companies. Our goal is to deliver a personalized experience in all possible aspects of your life, finding the right information for you at the right time in the right context, based on you as an individual. But we are not alone. Take, for example, Hunch.com, which is talking about personalizing the Internet, and says they can build a taste profile for you, based on your own unique interests and tastes. Also, in October, Mike Arrington of TechCrunch previewed Gravity, founded by former MySpace executives. In that piece, which he headlined as “The Personalization War”, he said “I saw my own Interest Graph based only on my Facebook and Twitter streams over the last several months and it’s scary-accurate.”

Louis doesn’t go off the personal rails here. He just doesn’t quite get on, staying instead on the corporate ones:

Gravity says they will help “The right information find you. Hunch says it “Personalizes the Internet”. You’ve heard me talk about my6sense for some time – discovering your “Digital intuition”. Besides the crazy folks like us who are thinking about this constantly, there are other smart companies on the case. Start with personal recommendations from TiVo, Amazon and Netflix. Look at Google Reader Magic and Google’s Priority Inbox for Gmail. Look also at LinkedIn’s purchase of Mspoke for personal recommendations and Facebook’s splitting of the Most Recent feed and that of the News Feed.
Which makes sense: My6sense is his company. Then finally,
The continuing rapid growth of information creation and sharing, combined with pervasive connectivity, increased capability of smartphones and other mobile devices and the growth of location is all pointing us into a direction where the services on the other end have more potential to know you than those of years past, and you have the ability to be inspired by the right information in the right place more than ever before. This is a wave, one that benefits from all these mega-changes in the Web, that small companies and big ones alike are seeing. Maybe there’s another big winner in there, just like there was in the last two. Regardless, the direction is clear. Show me my Web for me.

Sorry, but no. My Web is not their Web. I’m tired of being shown. I’m tired of “experiences” that are “delivered” to me. I’m tired of bad guesswork — or any guesswork. I don’t want “scarily accurate” guesses about me and what I might want.

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

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

I spoke at Kynetx Impact the night before Louis’ talk. The visuals are on Slideshare. Here is slide 25, which illustrates the problem with the commercial Web’s long-defaulted client-server design:

Wikipedia says, “The client–server model of computing is a distributed application structure that partitions tasks or workloads between the providers of a resource or service, called servers, and service requesters, called clients.”

So, while the Net itself has an end-to-end design, in which all the ends are essentially peers, the Web (technically an application on the Net) has a submisive-dominant design in which clients submit to servers. It’s a calf-cow model. As calves, we request pages and other files from servers, usually getting cookie ingredients mixed in, so the cow can remember where we were the last time we suckled, and also give us better services. Especially advertising.

We have no choice but to agree with this system, if we want to be part of it. And, since the cows provide all the context for everything we do with them, we have onerous “agreements” in name only, such as what you see on your iPhone every time Apple makes a change to their store:

Legal folks call these “contracts of adhesion.” Sez the Free Dictionary,

A type of contract, a legally binding agreement between two parties to do a certain thing, in which one side has all the bargaining power and uses it to write the contract primarily to his or her advantage.

An example of an adhesion contract is a standardized contract form that offers goods or services to consumers on essentially a “take it or leave it” basis without giving consumers realistic opportunities to negotiate terms that would benefit their interests. When this occurs, the consumer cannot obtain the desired product or service unless he or she acquiesces to the form contract.

Here’s the thing: client-server’s calf-cow model requires this kind of thing, because the system is designed so the server-cows are in complete control. You are not free. You are captive, and dependent.

This system has substantiated a business belief that has been around ever since Industry won the industrial revolution: that a captive customer is more valuable than a free one. We’ve built systems that tendentiously affirm that belief, and the commercial Web is chief among those systems today. Correspondingly, on the customer side, we actually believe that a free market is your choice of captor. Even champions of the free market, such as The Wall Street Journal, seem to think this is okay. (Or they wouldn’t keep talking about how telecom giants — occupants of a regulatory zoo they all but own and control — comprise the “free market” at work.)

If the next wave is personal, then we have to bring our own contexts.

Think for a moment about the context of renting a wheelbarrow. If you sign an agreement for that, it’s only to put up a deposit, pay a certain amount, assume liability for whatever harms you might cause with it, and return the thing in good condition. That’s about it.

Or think about what happens when you walk into a shoe store. You don’t have to sign a damn thing. (If you’re lucky, the store won’t require that you belong to their “loyalty” program just to get a “discount” that’s nothing more than a normal price, rather than a higher price they charge to punish non-”members”.) Your context is shopping for shoes. Laws apply, of course. You aren’t allowed to steal things or act in a disturbing way. But nobody stands at the door telling you to stop and sign an agreement — least of all one with clauses (which nearly all adhesive contracts have) saying they have the right to change the terms, and they can do that whenever they please.

We won’t get rid of calf-cow systems, nor should we. They work, but they have their limits, and those become more apparent with every new calf-cow service we join. But we can work around these things, and supplement them with other systems that give us equal power on equal footings, including the ability to proffer our own terms, express our own preferences and policies, and make independent choices.

Louis Gray’s personal wave is for real, and it’s just starting. It’s also what we’ve been building through the last four years with . And it’s starting to catch on. The number and variety of VRM development projects has grown a lot lately, as has the activity level as well.

Naturally, VRM has attracted the interest of major players on the sell side of the marketplace. A month ago I spoke on stage with on stage at the Internet Advertising Bureau conference. (John’s insightful post about “digital plumage” ran in the same timeframe.) Next week I’ll speak at in San Francisco and to a meeting with and in Minneapolis. It’ll be fun.

The message I’m bringing is not about how these companies can improve the cow systems everybody has done so much to build and improve already. It’s about how buyers and sellers are no longer just cattle, and how we now need to prove something we’ve known all along: that free customers are more valuable than captive ones.

Twitter Fail

This makes no sense.

If you can’t read the above, it says “Sorry! You’ve hit your hourly usage limit. Try again soon.” That’s above a message that says ”This user does not exist.” The user in question is @DickHardt, who does exist, as you can see.

Twitter has frozen me out, so I can’t check shit, but I’ll bet I haven’t tweeted more than maybe four times today.

I kinda doubt this is an April Fools thing, since faking a fail isn’t Twitter’s style. (Outright failing is another matter, whales withstanding.)

Clues, anybody?

And if anybody feels like tweeting this, please do. The short URL is http://bit.ly/gqSgMr.

Bonus link: A fun interview by @HowardStern with @Biz Stone. Here’s the audio clip.

[Later...] Seems to be working again. I guessed right: all of four tweets today. Tweeting this will be the fifth.

Okay, I just tweeted this, and now it tells me I’ve exceeded my hourly limit again.

I’m not alone. This is a big problem. It looks like Twitter is taking lessons from AT&T. Not good.

FWIW, some people have asked if I use a tool other than a browser to interact with Twitter. The answer is no. Sometimes I use the Twitter app on the iPhone, but not today.

I don’t envy anybody in the airline business. There is so much to do right, and the costs of doing things wrong can be incalculably high. Required capital investments are immense, and the regulatory framework is both complex and costly. Yet the people I’ve met in the business tend to be dedicated professionals who care about serving people, and not just about making a buck or putting in time. And the few bad experiences I’ve had are so anomalous that I’m inclined to disregard them. So, on the whole, I cut them all some slack.

By now I have close to a million miles with United, which is now the largest airline in the world, thanks to its merger with Continental. As it happens I’m sitting in a Continental lounge right now, though I’ll be flying in a couple hours to Salt Lake City on Delta. My original flights with United (from Boston through Chicago) were delayed by snow (yes, it’s snowing here, on the first day of Spring). The Continental club lounge is available so here I sit. For what it’s worth, the Continental lounge is nicer than United’s. In fact, pretty much everything about Continental is nicer, by a small margin. That’s a pat on Continental’s back, rather than a knock on United, which I’ve come to regard with some affection over many years of flying with them. One reason for all that flying is that they made lifetime membership in their club lounge available for a good price two decades ago, and that’s been a tie-breaker for us — in United’s favor — ever since. (Sadly, the offer was discontinued.)

The merger is moving slowly. Most of both airlines’ planes now say United on the side and keep the Continental globe symbol on the tail. (Minimal paint jobs for both, basically.) But the operations are still separate, which in some ways they have to be, since in many locations they occupy separate airport terminals. Their computer systems are also surely different and hard to merge. But, while there is some time left before the merger completes, I thought I’d put out a few public suggestions for both airlines as they gradually become one. Here goes:

  1. Keep Channel 9. That’s the United audio channel that carries cockpit air traffic audio. Like a lot of frequent fliers, aviation is a passion of mine, and listening in on that chatter is a familiar, comforting and engaging experience. Sharing it with passengers is up to the pilots, and I always go out of my way to thank the pilots who choose to share the channel with passengers. I’ve met many other passengers over the years who also love the service. In many cases these passengers are either current or former pilots themselves. Of course it’s not necessary to keep it on that same audio channel; but at least make it available.
  2. Make seat choices easier online. Say what kind of airplane the flight takes, and whether or not there are actually windows by the window seat (on some planes there are some window seats with blank walls). Consider providing links to SeatExpert or SeatGuru.
  3. Allow more conditional choices for upgrades. I like window seats on the shaded side of the plane, and usually choose those seats with great care. So, for example on a United 777, where all the premium coach seating with extra legroom is in seats over the wing. I’m willing to sit in the back with less legroom, just to have an unobstructed view out the window. But often I’ll get an automatic upgrade (as a frequent flyer) to a business class seat that is either an aisle seat or a window seat on the sunny side of the plane, where the view is never as good. In those cases I’ll usually prefer to stay in coach.
  4. Provide Internet connectivity by wi-fi. Put it on all but the small short-haul planes.
  5. Power outlets are nice too. Some airlines have them for all seats. United should be one of them.
  6. The DirectTV system on some Continental planes is nice. So is the completely different system on some other Continental planes (one I flew from Houston to Frankfurt had a zillion movies, but no easy way to navigate all the choices). Whatever you standardize on, make it relatively open to future improvements. And make the headset plugs standard 1/8″ ones, so passengers can use their own headsets.
  7. Get apps going on Android, iPhone and other handheld devices. Continental has some now. United doesn’t yet, though it does now have the paperless boarding pass.
  8. Get Jeff Smisek to cut a new merger progress announcement to run for passengers. The old one has been talking about “changes in the coming months” for about a year now.
  9. In the lounges, upgrade the food, or provide better food you charge for (like you do for drinks at the bar). Right now in the Continental President’s club, there are apples, three kinds of chips in bags, bottom-quality shrink-wrapped cheeses and tiny plastic-wrapped sesame crackers. The United clubs will have the same apples, plus maybe the same crackers and chips, and some nut/candy mixes in dispensers. This Continental club doesn’t have an espresso/cappuccino machine, while United club at the same airport does. (And it’s a much better model than the awful one they had for a decade or more.) Meanwhile at Star Alliance lounges, and in lounges of international airlines such as Scandinavian, there will be a spread of sandwich makings, pastries, fresh baked breads and other good stuff. United and Continental charge a lot for the lounges, yet don’t allow food to be brought in. So at least offer something more than the minimal, food-wise. Free wi-fi in the lounges is also cool. Both United and Continental offer it, but Continental makes it simple: it’s just there, a free open access point. United’s is a complicated sign-on to T-Mobile.
  10. Go back to Continental’s simple and straightforward rules for device use on planes. United’s old rules were ambiguous, all-text and hard to read. Continental had little grapics that showed the allowed devices. That’s what persists in the current (March) Hemispheres magazine is the United text. You almost need to be a lawyer to make sense of this line here: “Any voice, audio, video or other photography (motion or still), recording while on any United Airlines aircraft is strictly prohibited, except to the extent specifically permitted by United Airlines.” Only twice in my many flights on United have I been told not to shoot pictures out the window from altitude, and in the second case the head flight attendant apologized later and offered me a bottle of wine for my trouble. From what I understand, photography is specifically permitted, provided it is not of other people or equipment inside the plane. I’ve also been told “It’s at the pilot’s discretion.” Whatever the rules are, the old Continental ones were much better, and unambiguous.
  11. Email receipts for onboard charges. This especially goes for ones where promos are involved and one can’t tell otherwise if the promo discount went through. For example, Chase bank customers were supposed to get $2 off on the $6 charge for using a Chase bank card to pay for watching DirectTV on the flight I took two Thursdays ago from Boston to Houston. Did I get the discount? I still don’t know.
  12. On the personal video screens, provide flight maps with travel data such as time to destination and altitude. Love those, especially when they aren’t interrupted with duty-free promos on international flights.
  13. Avoid lock-ins with proprietary partners. Example: Zune on United: http://www.zune.net/united. Right now over half of the devices being used in this lounge are non-PCs (iPads, Androids, Macs, etc.). Why leave those people out? And, of course, Zune is a dead platform walking.

Anyway, that’s a quick brain dump in the midst of other stuff, encouraged by conversation with other passengers here. I’m looking forward to seeing how things go.


An 8.9-magnitude earthquake that struck Japan yesterday, and a tsunami is spreading, right now, across the Pacific ocean. Thus we have much news that is best consumed live and uncooked. Here’s mine, right now:

aljazeera

Not many of us carry radios in our pockets any more. Small portable TVs became passé decades ago. Smartphones, tablets and other portable Net-connected devices are now the closest things we have to universal receivers and transmitters of live news. They’re what we have in our pockets, purses and carry-bags.

The quake is coming to be called the 2011 Sendai Earthquake and Tsunami, and your best portable media to keep up with it are these:

  1. Al Jazeera English, for continuous live TV coverage (interrupted by war coverage from Libya)
  2. Twitter, for continuous brief reports and pointage to sources
  3. Wikipedia, for a continuously updated static page called 2011 Sendai Earthquake and Tsunami, with links to authoritative sources

I just looked at ABC, NBC, CBS, Fox, CNN, CBC and BBC online, and all have recorded reports. None have live coverage on the Net. They are, after all, TV networks; and all TV networks are prevented from broadcasting live on the Net, either by commercial arrangements with cable and satellite TV distributors, or by laws that exclude viewing from IP addresses outside of national boundaries.

Television has become almost entirely an entertainment system, rather than a news one. Yes, news matters to TV networks, but it’s gravy. Mostly they’re entertainment businesses that also do news. This is even true (though to a lesser degree) for CNN.

At NBC.com, you won’t find that anything newsworthy has happened. The website is a bunch of promos for TV shows. Same with CBS.com, Fox.com and ABC.com. Each has news departments, of course, which you’ll find, for example, at Foxnews.com (which is currently broken, at least for me). Like CNN and BBC, these have have many written and recorded reports, but no live coverage (that you can get outside the U.K, anyway, in the case of BBC). Thus TV on the Net is no different than print media such as the New York Times. None. Hey, the Times has video reports too.

NPR has the same problem. You don’t get live radio from them. Still, you do get live radio from nearly all its member stations. Not true for TV. Lots of TV stations have iPhone, iPad and Android apps, but none feature live network video feeds, again because the networks don’t want anything going “over the top” (of the cable system) through Net-connected devices. This is a dumb stance, in the long run, which gets much shorter with each major breaking news story.

Here’s the take-away: emergencies such as wars and earthquakes demonstrate a simple and permanent fact of media life: that the Net is the new TV and the new radio, because it has subsumed both. It would be best for both TV and radio to normalize to the Net and quit protecting their old distribution systems.

Another angle: the Live Web has finally branched off the Static Web (as I wrote about in Linux Journal, back in 2005), and is fast becoming our primary means for viewing and listening to news. To borrow a geologic metaphor, the vast tectonic plates of TV and radio are being subsumed along their leading edges by the Live Web. Thus today’s wars and earthquakes are tectonic events for media old and new. The mountain ranges and civilizations that will build up along the new margins will be on the Live Web’s plate, not the old TV, radio and print plates.

A plug… Those  worried about how to pay for the change should support the VRM community’s development of EmanciPay. We believe the best consumers of media will become the best customers of media only by means that the consumers themselves control. For free media that’s worth more than nothing (as earthquake and war coverage certainly are), the pricing gun needs to be in the hands of the customer, not just the vendor (all of which have their own different ways of being paid, or no means at all). We need a single standard way that users can say “I like that and want to pay for it, and here’s how I’m going to do that.” Which is what EmanciPay proposes. The demand side needs its own ways and means, and those cannot (and should not) be provided only by the supply side, or it will continue to be fractured into a billion silos. (That number is a rough estimate of commercial sites on the Web.) More about all this in another post soon. (It’s at the front of my mind right now, because some of us will be meeting to talk about it here in Austin at SXSW.)

Meanwhile, back to your irregularly unscheduled programs.

[Later...]  I’ll add notes here…

  • Joey Trotz reports that http://cnn.com/live has four live streams. And, as others say below, so does the BBC. All can be viewed on a browser with Flash, and a disabled popup window blocker. Therefore some laptops and Android devices should also be covered, to a degree; but it’s all bit of a kluge. To me the standard is a live stream using at least a relatively open standard like .mp3 for audio and whatever-it-is that Al Jazeera is using for video (on the iPhone and iPad, at least, it can’t be Flash, so what is it?). The key: ease of viewing (fewest clicks) or listening. This means an app, usually, as of today. Note that nearly all smartphones in use today will be old hat two years from now.
  • I just downloaded and added the CNN app to my iPhone. It has “live” in its tabs, but the picture isn’t moving for me. Not sure what that means.
  • Thanks to Danilo, in the comments below, for suggesting that I make clear some distinctions that at least a couple commenters have missed. I do that in this comment here, and I’ll say it here as well. This post is not a slam on the good work that broadcasters do. Nor am I declaring the death of TV and radio as we know it. I am using AND logic here, not OR. When I say the Net is subsuming radio and TV, and that broadcasters need to normalize to the Net, I am saying that the Net is becoming the base medium. Broadcasters need to be streaming online as well as over the air and over cable. Back when he renewed his contract with SiriusXM, Howard Stern said as much about satellite radio. The new base medium for Howard’s SiriusXM channels, as well as all the other channels in the satellite radio lineup, is the Internet. Satellite distribution will become the backup live stream service, rather than the main distribution system. This is why Howard has been out stumping on TV talk shows for the SiriusXM smartphone app. Yes, it is true that the satellite system will cover many areas that the cell and wi-fi distribution system will not. But the reverse will also be true. SiriusXM on the Net is a global service, rather than one restricted to North America. The service is also not capacity-limited in the number of files and streams that can be offered, which is the case with satellite alone. Another point I’m making is that TV networks especially are restricted in their ability to stream by the deals they have with cable companies, and (in the case of, say, the BBC) by blocked use over IP addresses outside national boundaries. These are severely limiting as more and more viewing moves to hand-held devices. And those limitations need to be faced. Al Jazeera shows what can be done when the limits aren’t there.

Here’s a great idea for local TV news departments: start streaming, 24/7/365, on the Net. You don’t need to have first-rate stuff, and it doesn’t all have to be live. Loop fifteen minutes of news, weather and sports to start. Bring in local placeblog and social media volunteers. Whatever it takes: you figure it out.  Just make it constant, because that’s what TV was in the first place, and that’s what it will remain after the Internet finishes absorbing it, which will happen eventually. Now’s the time to get ahead of the curve.

Here’s why I thought of this idea:

. Far as I know it’s the only serious TV that’s live, streaming 24/7/365 on the Net. I watch it on the iPad wherever we have it… in the car, on a cabinet in the bedroom, or — in this case — on the kitchen counter, next to the stove, where I was watching it while making breakfast yesterday morning. That’s when I shot the photo.

At our place we don’t have a TV any more. Nor do a growing number of other people. Young people especially are migrating their video viewing to the Net. Meanwhile, all the national “content” producers and distributors are tied up by obligations and regulations. Try to watch NBC, CBS, ABC, TNT, BBC or any other three- or four-letter network source on a mobile device. The best you can get are short clips on apps designed not to compete with their cable channels. Most are so hamstrung by the need to stay inside paid cable distribution systems (or their own national borders) that they can’t sit at the table where Al Jazeera alone is playing the game.

That table is a whole new marketplace — one free of all the old obligations to networks and government agencies. No worries about blackouts, must-carries and crazy copyright mazes, as long as it’s all the station’s own stuff, or easily permitted from available sources (which are many).

Savor the irony here. Al Jazeera English is the only real, old-fashioned TV channel you can get on a pad or a smartphone here in the U.S. It’s also the best window on the most important stuff happening in the world today. And it’s not on cable, which is an increasingly sclerotic and soon-to-be marginalized entertainment wasteland. A smart local TV station can widen the opportunities that Al Jazeeera is breaking open here.

Speaking as one viewer, I would love it if , , , , or had a live round-the-clock stream of news, sports, weather and other matters of local interest. We happen to live at a moment in history — and it won’t last long — when ordinary folks like me still look to TV stations for that kind of stuff, and want to see it on a glowing rectangle. Now is the time to satisfy that interest, on rectangles other than those hooked up to antennas or set-top boxes.

And if the TV stations don’t wake up, newspapers and radio stations have the same opportunity. Hey, already puts Dennis and Calahan on . Why not put them on the Net? And if NESN doesn’t like that (because they’re onwed by Comcast), WBZ can put  on a stream. The could play here.  So could and . ‘BUR already has an iPhone app. Adding video would be way cool too.

The key is to make the stations’ video streams a go-to source for info, even if the content isn’t always live. What matters is that it leverages expectations we still have of TV, while we still have them.

And hey, TV stations, think of this: you don’t have to interrupt programming for ads. Run them in the margins. Localize them. Partner with Foursquare, Groupon, Google or the local paper. Whatever. Have fun experimenting.

Yesterday , the king of local TV consultants (and a good friend) put up a post titled The Tactical Use of Beachheads. Here are his central points and recommendations:

There is, I believe, a way to drive the car and fix it at the same time, but it requires managers to step outside their comfort zone and behave more like leaders. The mission is to establish beachheads ahead of everybody else, so that when the vision materializes, they’ll be prepared to monetize it. This is a risk, of course. There’s no spreadsheet, no revenue projections to manage, no best practices, no charts and graphs, because it’s not about seeing who can outsmart, outthink or outspend the next guy; it’s all about anticipating new value and going for it. The risk, however, can be mitigated if the beachheads are based on broad trends.

This can be very tough for certain groups, because we’re so used to being able to hedge bets with facts and processes. Here, we’re leapfrogging processes to intercept a moving target. It’s Wayne Gretzky’s brilliant tactic of “skating to where the puck is going to be,” instead of following its current position.

In our war for future relevance, here are five beachheads we need to establish in order to drive our car and fix it at the same time. Four of them relate to content that, we hope, will be somehow monetized. The fifth deals specifically with enabling commerce via a form of advertising.

  1. Real Time Beach — It is absolutely essential that media companies understand that news and information is moving to real time, and that real time streams are what will really matter tomorrow. It’s already happening today, but until somebody makes big money with it, we’ll continue to emphasize that which we CAN make money with, the front-end design of our websites. These streams take place throughout the back end of the Web, and they will make their way to the front end, and soon. There are early signs of advertising in the stream, and we should be experimenting with this, too. This is an unmistakable trend, and if we don’t move and move fast, it’s one I’m afraid we’ll lose.
  2. Curation Beach — Examples like Topix above show that curation beach is really already here, although I’d call those types of applications “aggregators.” They’re dumb in that they’re simply mechanical aggregators of that which is — for the most part — being published by others. Curation is more the concept of helping customers make sense out of all the real time streams that are in place. We’re all using the streams of social media, for example, to “broadcast,” but the real value is to pay attention and curate. This is a beachhead ready for the taking.
  3. Events Beach — One of the key local niches still left for the taking is the organizing of all events into an application that helps people find and participate. The ultimate user application here will be portable, for it must meet the needs of people already on-the-go. I refer to this beachhead as “event-driven news,” and it is largely created and maintained by the community itself. Since many events dovetail with retail seasons, this is easily low-hanging beachhead fruit.
  4. Personal Branding Beach — If everybody is a media company then media is everybody. This is a fundamental reality within which we’re doing business today, and it presents a unique opportunity for us and our employees. The aggregation of personal brands is a winning formula for online media, and we should be exploiting it before somebody else does. Our people are our strongest asset for competing in the everybody’s-a-media-company world, and we have the advantage of a bully pulpit from which to advance their personal brands. This is more important than most people think, because the dynamic local news brands of tomorrow will be associated with the individual brands of the community. The time to begin establishing this beachhead is now.
  5. Proximity Advertising Beach — The mobile beachhead is both obvious but obscured, because we’re all waiting for somebody to show us how to do it. This could be a real problem, for we know what happened when we allowed the ad industry itself to commodify banner advertising. Outsiders set the value for our products. The same thing is likely to happen here, unless we stake out territory for ourselves downstream first. There are predictions that mobile CPMs will hold at between $15-$25, and that’s enough to make any mobile content creator smile, but I would argue that the real money hasn’t even been discovered yet, because these CPMs are merely targeted display. Remember that the Mobile Web is the same Web as the one that’s wired, and it behaves the same way. The new value for mobile is proximity, and that’s where we need to be focusing. Let’s do what we can to make money with mobile content, but let’s also establish a beachhead in the proximity marketing arena, too, because that’s where this particular puck is headed.

If we approach these beachheads entirely with the question “where’s the money,” we’re likely to miss the boat. This strategy is to get us ahead of that and let the revenue grow into it. None of these will break the bank, and they’ll position us to move quickly regardless of which direction things move or how fast.

Live local streaming on the Net is a huge beachhead. I see it on that kitchen iPad, which only gives me Al Jazeera when I want to know what’s going on in the world. The next best thing, in terms of moving images, is looking out the window while listening to the radio. Local TV can storm the beach here, and build a nice new business on the shore. And navigating the copyright mess is likely to be lot easier locally over the Net than it is nationally over the air or cable. (Thank you, regulators and their captors.)

And hey, maybe this can give Al Jazeera some real competition. Or at least some company on TV’s new dial.

[Later...] Harl‘s comment below made me dig a little, so I’m adding some of my learnings here.

First, if you’re getting TV over the Net, you’re in a zone that phone and cable companies call “over the top,” or OTT.  ITV Dictionary defines it this way:

Over-the-top - (OTT, Over-the-top Video, Over-the-Internet Video) – Over-the-top is a general term for service that you utilize over a network that is not offered by that network operator. It’s often referred to as “over-the-top” because these services ride on top of the service you already get and don’t require any business or technology affiliations with your network operator. Sprint is an “over-the-top long distance service as they primarily offer long distance over other phone company’s phone lines. Often there are similarities to the service your network operator offers and the over-the-top provider offers.

Over-the-top services could play a significant role in the proliferation of Internet television and Internet-connected TVs.

This term has been used to (perhaps incorrectly) describe IPTV video also. See Internet (Broadband) TV.

But all the attention within the broadcast industry so far has been on something else with a similar name: over-the-top TV (not just video) which is what you get, say, with Netflix, Hulu, plus Apple’s and Google TV set top boxes. Here’s ITV Dictionary’s definition:

Over-the-top-TV - (OTT) – Over-The-Top Home Entertainment Media – Electronic device manufacturers are providing DVD players, video game consoles and TVs with built-in wireless connectivity. These devices piggy back on an existing wireless network, pull content from the Internet and deliver it to the TV set. Typically these devices need no additional wires, hardware or advanced knowledge on how to operate. Content suited for TV can be delivered via the Internet. These OTT applications include Facebook and YouTube. Also see Internet-connected TVs.

No wonder TVNewsCheck reports Over-The-Top TV at Bottom of Station Plans. Stations are still thinking inside the box, even after the box has morphed into a flat screen. That is, they still think TV is about couch potato farming. The iPhone and the iPad changed that. Android-based devices will change it a lot more. Count on it.

Since Al Jazeera English is distributed over the top by , I checked to see what else LiveStation has. They say they have apps for CNBC, BBC World News and two other Al Jazeera channels, but on iTunes (at least here in the U.S.) only the three Al Jazeera channels are listed as LiveStation offerings. LiveStation does have its own app for computers (Linux, Mac and Windows), though; and it has a number of channels (not including CNBC) at . I just tried NASA TV there on my iPhone, and it looks good.

Still, apps are the new dial, at least for now, so iPhone and Android apps remain the better beachhead for local stations looking for a new top, after their towers and cable TV get drowned by the Net.

Al Jazeera story

Cable companies: Add Al Jazeera English *now* Jeff Jarvis commands, correctly, on his blog — and also in , under the headine . For me now was a few minutes ago, when I read both items on the family iPad, which has been our main news portal since the quit coming and I suspended my efforts to reach them by Web or phone. (The Globe also wants a bunch of ID crap when I go there on the iPad, so they’re silent that way too.) So I went to the App store, looked up , saw something called Al Jazeera English Live was available for free, got it, and began watching live protest coverage from Cairo.

We don’t have cable here. We dumped it after network news turned to shit, and we found it was easier to watch movies on Netflix. We still like to watch sports, but cable for sports alone is too expensive, because it’s always bundled with junk we don’t want and not available à la carte. (You know, like stuff is on the Web.) When we want TV news, we go online or get local TV through an gizmo plugged into an old Mac laptop. Works well, but it’s still TV.

And so is Al Jazeera on an iPad/iPhone, Samsung Wave or a Nokia phone. (See http://english.aljazeera.net/mobile/for details. No Android or Blackberry yet, appaerently.) The difference is that real news s happening in Egypt, and if you want live news coverage in video form, Al Jazeera is your best choice. As Jeff puts it, “Vital, world-changing news is occurring in the Middle East and no one — not the xenophobic or celebrity-obsessed or cut-to-the-bone American media — can bring the perspective, insight, and on-the-scene reporting Al Jazeera English can.”

And it’s very good. , “If you’re watching Al Jazeera, you’re seeing uninterrupted live video of the demonstrations, along with reporting from people actually on the scene, and not “analysis” from people in a studio. The cops were threatening to knock down the door of one of its reporters minutes ago. Fox has moved on to anchor babies. CNN reports that the ruling party building is on fire, but Al Jazeera is showing the fire live.”

In fact six Al Jazeera journalists are now being detained (I just learned). That kind of thing happens when your news organization is actually involved in a mess like this. CNN used to be that kind of organization, but has been in decline for years, along with other U.S. network news organizations. As Jeff says, “What the Gulf War was to CNN, the people’s revolutions of the Middle East are to Al Jazeera English. But in the U.S., in a sad vestige of the era of Freedom Fries, hardly anyone can watch the channel on cable TV.”

And that’s a Good Thing, because cable is a mostly shit in a pipe, sphinctered through a “set top box” that’s actually a computer crippled in ways that maximize control by the cable company and minimize choice for the user. Fifteen years ago, the promise of TV was “five hundred channels”. We have that now, but we also have billions of sources — not just “channels” — over the Net. Cream rises to the top, and right now that cream is Al Jazeera and the top is a hand-held device.

The message cable should be getting is not just “carry Al Jazeera,” but “normalize to the Internet.” Open the pipes. Give us à la carte choices. Let us get and pay for what we want, not just what gets force-fed in bundles. Let your market — your viewers — decide what’s worth watching, and how they want to watch it. And quit calling Internet video “over the top”. The Internet is the new bottom, and old-fashioned channel-based TV is a limping legacy.

A few days ago, President Obama spoke about the country’s “Sputnik moment”. Well, that’s what Al Jazeera in Egypt is for cable TV. It’s a wake-up call from the future. In that future we’ll realize that TV is nothing more than a glowing rectangle with a boat-anchor business model. Time to cut that anchor and move on.

Here’s another message from the future, from one former cable TV viewer: I’d gladly pay for Al Jazeera. Even when I can also get it for free. All we need is the mechanism, and I’m glad to help with that.

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The question on Quora goes, What lessons can be learned from the first browser war between Microsoft and Netscape?

I covered that war when it broke out, more than fifteen years ago. No magazine was interested in my writing then. Blogging was several years off in the future. All we had were websites, and that was good enough. The following is what I put up on mine — in as much of the original HTML as can survive WordPress’ HTML-rewriting mill. I’ll continue below the piece…


MICROSOFT+NETSCAPE

WHY THE PRESS NEEDS TO SNAP OUT OF ITS WAR-COVERAGE TRANCE

By Doc Searls
December 11, 1995

Outline

Wars?

Am I wrong here, or has the Web turned into a Star Wars movie?

I learn from the papers that the desktop world has fallen under the iron grip of the most wealthy and powerful warlord in the galaxy. With a boundless greed for money and control, Bill Gates of Microsoft now seeks to extend his evil empire across all of cyberspace.

The galaxy’s only hope is a small but popular rebel force called Netscape. Led by a young pilot (Marc Andreesen as Luke Skywalker), a noble elder (Jim Clark as Obi-wan Kanobe) and a cocky veteran (Jim Barksdale as Han Solo), Netscape’s mission is joined by the crafty and resourceful Java People from Sun.

Heavy with portent, the headlines tromp across the pages (cue the Death Star music — dum dum dum, dum da dum, dum da dummm)…

  • “MICROSOFT TAKES WAR TO THE NET: Software giant plots defensive course based on openness”
  • “MICROSOFT UNVEILS INTERNET STRATEGY: Stage set for battle with Netscape.”
  • “MICROSOFT, SUN FACE OFF IN INTERNET RING”
  • “MICROSOFT STORMS THE WEB”

The mind’s eye conjures a vision of The Emperor, deep in the half-built Death Star of Microsoft’s new Internet Strategy, looking across space at the Rebel fleet, his face twisted with contempt. “Your puny forces cannot win against this fully operational battle station!” he growls.

But the rebels are confident. “In a fight between a bear and an alligator, what determines the victor is the terrain,” Marc Andreessen says. “What Microsoft just did was move into our terrain.”

And Microsoft knows its strengths. December 7th, The Wall Street Journal writes, Bill Gates “issued a thinly veiled warning to Netscape and other upstarts that included a reference to the Pearl Harbor attack on the same date in 1941.”

Exciting stuff. But is there really a war going on? Should there be?

are the facts?

After reading all these alarming headlines, I decided to fire up my own copy of Netscape Navigator and search out a transcript of Bill’s December 7th speech.

I started at Microsoft’s own site, but got an “access forbidden” message. Then I went up to the internet level of the site’s directory, but found the Netscape view was impaired. (“Best viewed with Microsoft Explorer,” it said.) I finally found a Netscape-friendly copy at Dave Winer’s site. It appears to be the original, verbatim:*

MR. GATES: Well, good morning. I was realizing this morning that December 7th is kind of a famous day. (Laughter.) Fifty-four years ago or something. And I was trying to think if there were any parallels to what was going on here. And I really couldn’t come up with any. The only connection I could think of at all was that probably the most intelligent comment that was made on that day wasn’t made on Wall Street, or even by any type of that analyst; it was actually Admiral Yamomoto, who observed that he feared they had awakened a sleeping giant. (Laughter.)

I see. The “veiled threat” was Bill’s opening laugh line. Even if this was “a veiled threat,” it was made in good humor. The rest of the talk hardly seemed hostile. Instead, Bill showed a substantial understanding of how both competition and cooperation work to build markets, and of the roles played by users, developers, leaders and followers in creating the Internet. In his final sentence, Bill says, “We believe that integration and continuity are going to be valuable to end users and developers…”

Of course, I wish he’d pay a little more attention to Macintosh users and developers, but I don’t blame him for avoiding them. I blame Apple, which dissed and sued Microsoft for years, to no positive effect. Apple played a zero-sum game and — sure enough — ended up with zero. Brilliant strategy.

Think how much farther along we would be today if this relationship was still Apple plus Microsoft, rather than Apple vs. Microsoft.

The truth is that the Web will be better served by Microsoft plus Netscape than by Microsoft vs. Netscape. Plus is what most of us want, and it’s probably what we’ll get, regardless of how the press plays the story.

give a big AND to the Web

So what is the best way to characterize Microsoft, if not as the Heaviest of Heavies?

I think Release 1.0‘s Jerry Michalski gets closest to it when he says: “Microsoft thinks more broadly than any other company about what it’s doing. Its plans include global telecommunications, information creation, applications — even community building.” That tells us a lot more than “Microsoft goes to war.”

Markets are more than battlefields. The OR logic of war and sports get us excited, but tells us little of real substance. For that we also need the AND logic of cooperation, choice, partnership and working together. What we all want most — love — is hardly an OR proposition. Imagine a lover saying “there’s only room in this relationship for one of us, baby.”

But the press is caught in an OR trance. Blind to the AND logic that gives markets their full color, the press reduces every hot story to the black vs. white metaphors of war and sports. Why cover the Web as the strange, unprecedented place it is, when you can play it as yet another story about two guys trying to beat the crap out of each other? Especially when the antagonists are little good guy and a big bad guy?

Look, the Internet didn’t take off because Netscape showed up; and it wasn’t slowed down because Microsoft didn’t. It took off because millions of people added their creative energies to something that welcomed them — which was mostly each other. Death-fight competition didn’t make the Web we know now, and it won’t make the Web that’s coming, either.

That’s because every site on the Web is AND logic at work. So is every vendor/developer relationship that ever produced a product or created a market. So is the near-infinite P/E ratio Netscape enjoys today.

, what IS Microsoft doing?

“Embrace and extend,” Bill Gates called it in his December 7 talk. That’s what he said Microsoft will do with products from Oracle, Spyglass, Compuserve and Sun. Is this an AND strategy? Or is it yet an other example of what Gary Reback, Judge Sporkin and other Microsoft enemies call a “lock and leverage” strategy, intended to drive out competition and let Microsoft charge tolls to every traveler on the Information Highway?

We’ll see.

It should be clear by now that the Web does not welcome OR strategies. Microsoft Network was an OR strategy, and it didn’t work. If history repeats itself (as it usually does with Microsoft), the company will learn from this experience (as Apple learned earlier from its eWorld failure) and move on to do the Right Thing.

Not that most of the press would notice. To them Microsoft is The Empire and Bill is its gold-armored emperor. But reporters are the ones putting clothes on this emperor. To the people who make Microsoft’s markets — the users and developers — “billg” is as naked as a newborn.

Take away the war-front headlines, the play-by-play reporting, the color commentary by industry analysts, the infatuation with personal wealth — and you see Bill as an extremely competitive guy who’s also trying to do right by users and developers. And hiding little in the process. Is he a bully? Sometimes. Is this bad? No, it’s typical of big companies since the dawn of business. It looks to me more like a personality trait than a business strategy. And what makes Microsoft win is far more strategic than personal.

George Gilder puts it this way in Forbes ASAP (“Angst & Awe on the Internet“):

Blinded by the robber-baron image assigned in U.S. history courses to the heroic builders of American capitalism, many critics see Bill Gates as a menacing monopolist. They mistake for greed the gargantuan tenacity of Microsoft as it struggles to assure the compatibility of its standard with tens of thousands of applications and peripherals over generations of dynamically changing technology.

to win users and influence developers

How does Bill express that tenacity? As Dave Winer puts it in “The Platform is a Chinese Household,” Bill “sends flowers.” Bill courts developers and delivers for customers, who return the favor by buying Microsoft products.

Markets are conversations, and there isn’t a more willing conversational participant than Bill. That’s why I’m not surprised when Dave says “the only big company that’s responsive to my needs is Microsoft.” And Dave, by the way, is a pillar of the Macintosh community. To my knowledge, he hasn’t developed a DOS-compatible product since the original ThinkTank.

Users and developers don’t need to hear vendors talk about how much their competition sucks. No good ever comes of it. Is it just coincidence that Microsoft almost never bad-mouths its competition? Though Bill is hardly innocent of the occasional raspberry, he’s a long way from matching the nasty remarks made about him and his company by leaders at Sun, Apple, Netscape and Novell, just to name an obvious few.

It especially saddens me to hear competition-bashing from Guy Kawasaki, whose positive energies Apple desperately needs right now. As a customer and user of both Apple and Microsoft products, I see Guy’s “how to drive your competition crazy” rap as OR logic at its antiproductive worst.

At the opposite end of the diplomacy scale, I like the way Gordon Eubanks of Symantec has consistently been fair and constructive in his public remarks about Bill and Microsoft (and has reaped ample rewards in the process).

What makes markets work is a combination of AND and OR processes that deserve thoughtful and observant journalism. They also call for vendors who can drop their fists, open their minds and look at opportunities from users’ and developers’ points of view. This is how Microsoft came to change its Internet strategy. And this is what makes Microsoft the most adaptive company in the business, regardless of size. No wonder the laws of Darwin have been kind to them.

new breed of life

Urge and urge and urge,
Always the procreant urge of the world.
Out of the dimness opposite equals advance…
Always substance and increase,
Always a knit of identity… always distinction…
Always a breed of life.
—Walt Whitman

Where the language of war fails, perhaps the language of Whitman can succeed.

By the great poet’s lights, the Web is a new breed of life. An original knit of identity. Its substance increases when opposite equals like Netscape and Microsoft advance out of the dimness and obey their procreant urges — not their will to kill.

The Web is a product of relationships, not of victors and victims. Not one dime Netscape makes is at Microsoft’s expense. And Netscape won’t bleed to death if Microsoft produces a worthy browser. The Web as we know it won’t be the same in six weeks, much less six months or six years. As a “breed of life,” it is original, crazy and already immense. It is not like anything. To describe it with cheap-shot war and sports metaphors is worse than wrong — it is bad journalism.

A week after this experience, I went back to Microsoft site and found its whole Internet Strategy directory much more Netscape-friendly and nicely organized. Every presentation is there, including all the slides. Though the slides are in PowerPoint 4.0 for Windows, my Mac is able to view them with the Mac version of the program. [Back to *]

George Gilder’s Forbes ASAP article archives are at his Telecosm site.

Dave Winer’s provocative “rants” come out every few days, and accumulate at his DaveNet site. Check out “The User’s Software Company,” which inspired this essay.


One might look back on this and say “Yeah, but Microsoft still killed Netscape.” I don’t think so. Netscape had many advantages, including one it tried too late to save the company — but not too late to save the browser and keep it competititve: open-sourcing the Mozilla code. Five years after I wrote the above, I wrote a piece in Linux Journal describing Netscape’s mistakes:

For a year or two, Netscape looked like it could do no wrong. It was a Miata being chased down a mountain road by a tractor trailer. As long as it moved fast and looked ahead, there was no problem with the truck behind. But at some point, Netscape got fixated on the rear-view mirror. That’s where they were looking when they drove off the cliff.

Why did they do that?

  1. They forgot where they came from: the hacker community that had for years been developing the Net as a free and open place—one hospitable to business, but not constrained by anybody’s business agenda. The browser was born free, like Apache, Sendmail and other developments that framed the Net’s infrastructure. The decision to charge for the browser—especially while still offering it for free—put Netscape in a terminal business from the start.
  2. They got caught up in transient market’s fashions, which were all about leveraging pre-Web business models into an environment that wouldn’t support them. Mostly, they changed the browser from a tool of Demand (browsing) to an instrument of Supply. They added channels during the “push” craze. They portalized their web site. They turned the location bar into a search term window for a separate domain directory, to be populated by the identities of companies that paid to be put there (a major insult to the user’s intentions). Worst of all, they bloated the browser from a compact, single-purpose tool to an immense contraption that eventually included authoring software, a newsgroup reader, a conferencing system and an e-mail client—all of which were done better by stand-alone applications.
  3. They became arrogant and presumptuous about their advantages. At one point, Marc Andreessen said an OS was “just a device driver”.
  4. Their engineering went to hell. By the time Netscape was sold (at top dollar) to AOL, the dirty secret was that its browser code was a big kluge and had been for a long time. Jamie Zawinski (one of the company’s first and best-known engineers) put it bluntly: “Netscape was shipping garbage, and shipping it late.” Not exactly competitive.
  5. They lost touch with their first and best market: those customers who had actually paid for that damn browser.

So, back to the original question. What have we learned, now that IE is still around, and most of its competitors are either open source or based on open source code? Here’s a quick list:

  1. The browser was never a product in the sense that it’s something that can be charged and paid for as a scarce good. It wanted to be open source in the first place.
  2. The war metaphor is distracting and misleading, even when it’s appropriate.
  3. No browser is even close to perfect, and none will ever be.

Feel free to add more of your own, here or on Quora. (I’m very curious to see how Quora evolves.)

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So now KDFC is on 90.3 and 88.9, while KUSF is off the air. (Though it does have a Live365 stream.) Radio Valencia, a pirate radiating out of the Mission district on 87.9, has expressed sympathy with KUSF’s exiled volunteers, and has provided some airtime as well. The University of San Francisco, which sold the 90.3 license to the University of Southern California, currently has KUSF.org re-directing to this 9-day-old press release.

In my last post I suggested that KUSF’s volunteers apply for 87.7 as a licensed low power TV station. (As fate has it, the audio for Channel 6 TV is roughly on 87.7). I had forgotten about Radio Valencia when I wrote that. Perhaps the two groups can get together and go after 87.7, if that window is actually open.

The KUSF community (at SaveKUSF.org) remains committed to getting their frequency back. The likelihood of this rounds to zero, but I wish them luck. (They’re having some with SF supervisors.) I still think the future of radio is over the Net in any case. Going forward in that direction, a big question for KUSF’s community is how it can keep dealing with USF, which will provide the streaming, the studio, the record library and other essentials, such as the KUSF brand, which is the university’s intellectual property. I’ll be interested in hearing how that non-divorce works out.

Meanwhile there is the matter of expanding KDFC. On KQED’s Forum last week, Brenda Barnes, president of USC radio (which bought KUSF’s license is moving KDFC there) and managing director of the Classical Public Radio Network (which will operate KDFC locally), said many times that her organizations are looking to buy a signal, or signals, in the South Bay, where KDFC can’t be heard from either of its new facilities (the old KUSF on 90.3 and the old KNDL in Anguin on 89.9).

It could be that the USC people are also already thinking about 87.7 (the Channel 6 TV hack) in the South Bay. If that radiates from one of the mountains down there, it would do a good job. (The signal would be weak, but reach far, kind of like KFJC does now). That would be the best solution, I think; but it would also foreclose the 87.7 option for KUSF-in-exile, essentially screwing them over a second time. (So, there’s an assignment for both KUSF and Radio Valencia. Hurry up and see what can be done.)

The more likely option for KDFC is finding a college or university that would rather have money than continue operating a radio station, especially when a buyer comes calling. That’s the option USF took, and it’s a certain bet that Brenda Barnes and friends are already hard at work selling the same options to one or more of these FMs in the South Bay:

  • 89.1 KCEA Atherton, owned by Menlo-Atherton High School. Broadcasts with 100 watts  from a ridge  San Carlos. Small signal.
  • 89.3 KOHL Fremot, owned by Ohlone Community College. Covers the eastern part of the South Bay with 145 watts from the college campus in the foothills.
  • 89.7 KFJC Los Altos, owned by Foothill Junior College. Covers the South Bay well, from Black Mountain, with just 108 watts. This is the KUSF of the South Bay, and the station/community with the most to worry about.
  • 90.1 KZSU Stanford, owned by Stanford University. Covers Palo Alto and the central Peninsula with 500 watts from a hill on The Farm. KDFC’s 90.3 signal in San Franciso protects KZSU with a null in the direction of Stanford. The option here for the KDFC folks would be to buy KZSU and turn it into a KDFC repeater, or to take it dark and crank up the San Francisco signal. But then, there’s also…
  • 90.5 KSJS San Jose, owned by San Jose State University. This too has a commuity. And it covers the San Jose end of the South Bay well with 1500 watts on a high hill on the south side of town. 90.3 in The City also protects KSJS, so the same options for KDFC apply here as with KZSU.
  • 91.1 KCSM San Mateo, owned by the College of San Mateo. This is the Bay Area’s much-loved jazz station, and covers the Peninsula and Mid-South Bay pretty well, plus Oakland-Berkeley. Wattage-wise, it’s the most powerful of the options (11,000 watts), though the transmitter is not on a high site.
  • 91.5 KKUP Cupertino, owned by the Assurance Science Foundation. With 200 watts on Loma Prieta Mountain, KKUP reaches a large area, including all of Monterey Bay (Santa Cruz, Salinas, etc.) as well as the south part of the South Bay.

Another possibility for KDFC is buying a commercial station in the South Bay. There are many of those to choose from, if any is willing to sell. None will be cheap, but most would be better than the options above, with the conditional exceptions of KCSM and KFJC. For example, KCNL on 104.9, which Clear Channel unloaded last year for $5 million, would have been a good deal for the USC people. It serves the South Bay quite well with a 6,000 watt signal from the foothills near San Jose. KRTY from Los Gatos on 95.3 is another one with a similar-sized signal.

In any case, we know who is on the hunt and why. If they succeed, KDFC listeners should be happy. Listeners to the replaced station, or stations, will not be. Looking at the ratings, I am betting that there are more of the former than the latter. In the most recent rating period, KDFC was Number 7 overall (out of many dozens of signals), with a 3.9% share of Average Quater Hour listening, which is great for any station and huge for a classical one. It also had a cumulative audience of 632,000 people, none of which can get the station today on the signal they listened to during that ratings period.

[Later...] A february 10 post at RadioSurvivor.com.

This week the Bay Area loses two of its radio landmarks. On 102.1fm, , which has been broadcasting classical music since 1946, will be replaced by a simulcast of (“K-FOX”), a classic rock station in San Jose. And on 90.3 fm, KUSF, which has been one of the most active and community-involved free-form college radio stations in history, has gone silent. When the signal on 90.3 comes back on the air, it will carry the KDFC call letters and classical music programming. Meanwhile the old KUSF will continue in some form online. The new KDFC will also broadcast on 89.9, which is the former home of , a station licensed to .

This graphic, combined from three coverage maps at Radio-Locator.com, shows the before-and-after situation. One red line is KDFC’s old primary coverage area on 102.1. The other two are its new primary coverage areas on 90.3 and 89.9:

(More about signals below at *)

Since the 90.3 signal is tiny, and the 89.9 signal is far away, KDFC will be losing a great deal of coverage. Neither of the new signals serves the Peninsula, the South Bay or the East Bay beyond Berkely and Oakland. KUSF needs to start over online. On the FM band, it’s dead.

What happened was a three-way deal between , the and the . Entercom is the one of the largest owners of broadcast properties in the country, and an aggressive buyer of broadcast properties. So is USC, which has expanded its classical network from in Los Angeles to five stations spread from Morro Bay to Palm Springs. USF, like many universities, held a broadcast license that had monetary value on the open market while producing no income for the university itself.

According to Radio Ink and other sources, here’s how the deal went down:

  1. USF sold the 90.3 frequency to USC for $3.8 million.
  2. USC also bought KNDL for $2.8 million.
  3. Entercom, which owns KDFC, bought KUFX from the Clear Channel Aloha Trust, and will simulcast KUFX (still as “K-FOX”) over KDFC’s old 102.1 facility. Entercom will also give KDFC’s call letters and record collection to “A new San Francisco-based nonprofit.”

The press releases:

While it’s nice that KDFC has stayed alive, its move to much weaker signals is a far bigger loss for Bay Area classical music listeners than losses suffered by listeners when New York’s WQXR and Boston’s WCRB made similar moves. WQXR stayed on the air with a smaller signal from the same antenna, and WCRB moved to a same-size transmitter a couple dozen miles from the center of town, but most listeners could still get the stations. KDFC’s new facilities only cover a fraction of the population reached by the old signal. Essentially the new station covers San Francisco, and that’s it. More about coverage below*.

KDFC’s listenership is not small. The raw numbers are actually outstanding. According to Radio-Info.com (which leverages Arbitron), KDFC had 632,000 listeners in the most recent ratings period (December 2010), a notch above news-talk leader KGO (624,100). KDFC’s 3.2 average quarter hour (AQH) share was tied for #8 in the market, one notch above “sports giant” KNBR, which scored a 2.8. (KGO was #1 overall for most of the last six decades, and KNBR is an AM powerhouse that covers at least half of California by day and the whole West at night.) In fact, KDFC had better overall numbers than any other Entercom station in the Bay Area.

The problem for Entercom was the format. It’s hard to sell advertising for classical music stations, which have less inventory to offer (sports, news and popular music stations carry many more minutes of advertising per hour), and serve an older audience as well.

Judging from the KDFC statement on its website The Classical Public Radio Network () will hold the license, even though it closed down a few years ago, sort of. It also says,

The new KDFC has already begun to look for new signals to offer reception in the South Bay and the entire Bay Area for our around-the-clock classical programming.

We are happy to let you know Dianne Nicolini, Hoyt Smith, Rik Malone, and Ray White will continue as your on-air hosts, and KDFC’s partnerships with the Bay Area arts and culture community will continue to grow and thrive.

KDFC is the last major commercial classical station in America to make the transition to public radio. This move ensures that classical radio is sustainable for our community into the future. Since 1947, Bay Area classical fans have shown their passionate support for KDFC. Now more than ever, we’re grateful for that support as we begin the new era of Classical KDFC. Comments can be made to  comments at myclassical.org, or by phoning 415-546-8710. If you’d like to send a check as a Founder for the Future of KDFC, please send a check to:

The Classical Public Radio Network, 201 Third Street, 12th floor, San Francisco, CA 94103.

It’s signed by Bill Leuth, Vice President, KDFC. Bill and the other names he mentions are Bay Area classical radio institutions as well.

As for KUSF, maybe going online will be a form of liberation. As signals go, 90.3 barely covered San Francisco. The Internet covers the world. And Internet radio is growing fast. Aribitron now includes online streams in its ratings, which it wouldn’t do that if those streams were not signifiant. In San Francisco, KNBR’s stream had more than 50,000 listeners in November. In Los Angeles, KROQ’s stream had 67,900 listeners in December. Many more people every day are listening to radio on phones and other portable devices. Even Howard Stern, when he renewed with Sirius in December, said the future of satellite listening isn’t over satellite — it’s over the Internet. (Which Jeff Jarvis and I both told him, back when he was still making up his mind. Latelr Howard kindly gave a hat tip to Jeff on the air.)

And hey, KDFC can benefit from the same thing.

Here’s more from The Bay Citizen and the San Francisco Chronicle. And a rescue mission report at SF Weekly… And here’s the audio from a KQED Forum program on the matter. It says that KUSF is slated to become “an online-only training station for students.] Here’s a San Francisco Chronicle story on a gathering at USF at which “almost 500 backers” of KUSF came to confront Stephen A. Privett, the University President. The part that matters:

Privett said he made the decision because the station, dominated by outside volunteers, “was of minimal benefit to my students.”

“This was not a crass business decision about dollars,” Privett said. “This was about ensuring our programs involve our students. … Our primary mission is to our students, it is not to the community at large.”

Privett said some of the $3.75 million would be used to fund the student-led online station, with the rest going to other unspecified educational projects.

Well, “student-led” suggests that the community might still be involved.

For frequent updates follow @KUSF. and at SaveKUSF on Facebook. Feelings are not weak on this matter. KUSF is much loved by its community.

On January 20, I put up a new post suggesting that the KUSF community go for 87.7fm. I think it’s available.

It also amazes me (it’s still January 20) that this post and the next one have not yet received a single comment. Meanwhile my earlier post about Flickr now has 86 comments, and even the highly arcane Geology by Plane has 6. Could it be that the total number of people who care just isn’t that large? Not saying this is a bad thing, just that it’s an isolated one. So far 3,384 people say they like SaveKUSF on Facebook. But liking and doing are way different. As I suggest here, the best bet for doing isn’t trying to make a university turn down $3.8 million for something they clearly wish to unload. It’s to start something new.

* Signal stuff, for the technical:

So I when I copy the headline “Thousands of Web Users Delete Profiles from Rapleaf” I get more than I asked for when I copied it. This I find out when I paste it, and get the the headline, plus “Read more: http://online.wsj.com/article/SB10001424052702304248704575574653801361746.html#ixzz1Ay7eL3K

The extra jive after “…html” is tracking stuff, I guess. I don’t know, and I don’t want to know. I also don’t want to deal with it. I want to copy what I see and nothing more. That’s the convention that’s been around since the dawn of text, and it works fine.

The Journal isn’t the only pub that does this, but it’s one I’m dealing with right now.

So, on behalf of users everywhere, I ask, Please: Stop it.

[2 February update... A new case has come up, of accidental deletion. More details here and here. The company has also updated its community guidelines. It's still not clear why the company does not save deleted accounts. My provisional assuption is that the reason is legal rather than technical. But I'd love to hear somebody from Flickr (or somebody familiar with their systems) tell me that's wrong. In any case, deleted accounts should be kept, somewhere, somehow, one would think.]

As of last October, hosted 5,000,000,000 images. I’m approaching 50,000 images on Flickr right now. Sooo… if I lop off a bunch of zeros that comes to… .001% of the total. Not much, but maybe enough to show on their radar.

Here is what I hope they see: some heavy Flickr users are getting worried. Those with the most cause for worry are at the ‘pro’ level, meaning we pay for the service. (In my case, I pay for two of the four at links above). One cause for worry is reports of sudden and unexplained account deletions. The other is the possibility that Flickr might fail for the same reason that, say, is now failing. That is, by declining use, disinterest or mismanagement by the parent corporation, or a decline in advertising revenues.

Of particular interest right now is a report by of Deepa Praveen’s Flickr Pro account deletion. She claims she lost 600 photos, 6,000 emails, 600 contacts, 20,000 favorites, 35,000 comments, 250,000 views and more. “Don’t I deserve a reason before they pressed the DEL key?” she writes.

Of course we only have her side on this thing, so far, so bear that in mind.

Meanwhile the closest thing I can find to an explanation in Flickr’s Help Forum is this thread, which leads me to think the most likely reason for the deletion is that Deepa voilated some term of service. But, I dunno. Maybe somebody from Flickr can explain in the comments below.

Still, even if blame for the deletion ends up falling at least partly on Deepa (which I hope it does not, and have no reason yet to think it should), one’s exposure on Flickr goes up with the sum of photos one puts there. And the greater risk is not of Flickr’s deletion of customers, but of the market’s deletion of Flickr. Because, after all, Flickr is a business and no business lasts forever. Least of all in the tech world.

Right now that world looks to advertising for paying many big Web companies’ bills, and for driving those companies’ valuations on Wall Street and in pre-IPO private markets. Some numbers… The online advertising business right now totals about $63 billion, close to half of which goes to Google. In fact the whole advertising business, worldwide, only comes to $463 billiion. (Sources: and Google Investor Relations.) That’s a lot of scratch, but does that alone justify the kinds of valuations that and are getting these days? A case can be made, but that case is a lot weaker if Facebook and Google remain mostly in the advertising business. Which, so far, it looks like they will.

Wall Street is less enthusiastic about , but still a little upbeat, perhaps because advertising is still hot, and Yahoo still makes most of its money from “marketing services.” Flickr is part of Yahoo. I can’t find out how much Flickr brings in, but I’m curious to know what percentage comes from Pro account subscriptions, versus advertising placed on non-pro account pages.

There are cracks in the edifice of the online advertising. This comScore report, for example, and an earlier one, both show that ‘natural born clickers’ (that is, people who like to click on ads, versus the rest of us) account for a huge percentage of all the clicks on advertising, which pays based on “click-throughs”. Chas Edwards says, “these ‘natural born clickers’ are not the most desirable demographic for most advertisers: They skew toward Internet users with household incomes below $40,000 who spend more time than average at gambling sites and career advice sites.”

Among all the revenue diets a company might have, advertising equates best with candy. Its nutritive value is easily-burned carbohydrates. A nice energy boost, but not the protien-rich stuff comprised of products and services that provide direct benefits or persistent assets. (I can hear ad folk’s blood begin to boil here. “Advertising is nutritive! It delivers lots of positive public and private good!” Please, bear in mind that I made my bones for many years in the advertising business. I co-founded and served as creative director for one of Silicon Valley’s top agencies for many years. My name was on a building in Palo Alto when I did that. I know what the candy is, how it’s made, how easily most companies who use it can get along without it, and how it differs from stuff they can’t get along without.*)

Regardless of whether or not you think the online advertising business is a bubble (which I do right now, but I’m a voice in the wilderness), we should face the fact that we are seriously exposed when we place our businesses and online lives in the hands of companies that make most of their money from advertising, and that aren’t diversifying into other businesses that aren’t based on guesswork.

I just got off the phone (actually Skype) with folks working on a project that examines Facebook. Many questions were asked. Rather than repeat what you’ll hear me say when that show is produced, I’d rather point to one example that should prove at least some of my points: MySpace.

What’s to stop another company from doing to Facebook what Facebook did to MySpace? More to my point, what’s to stop some new owned-by-nobody technology or collection of protocols and free code from doing to Facebook what SMTP, POP3 and IMAP (the protocols of free and open email) did to MCI Mail, Compuserve mail, AOL mail, and the rest of the closed mail systems that competed with each other as commercial offerings? Not much, frankly.

So I think we need to do two things here.

First is to pay more for what’s now free stuff. This is the public radio model, but with much less friction (and therefore higher contribution percentages) on the customers’ side. In  (at the ) we’re working on that with . Here’s a way EmanciPay will help newspapers. And here’s our Knight News Challenge application for doing the same with all media sources. You can help by voting for it.

Second is to develop self-hosted versions of Flickr, or the equivalent. Self-hosting is the future we’ll have after commercial hosting services like Flickr start to fail. Fortunately, self-hosting is what the Web was meant to support in the first place, and the architecture is still there. We’ll have our own Flickrs and Zoomrs and Picassas, either on servers at home (ISP restrictions permitting) or in a server rack at the likes of RackSpace. But somebody needs to develop the software. has been working in this direction for years. Flickr Fan being one example. The end point of his work’s vector is Silo-free everything on the open web. We are going to get there.

Fortunately Flickr has a generous API Garden that does allow the copying off of most (or all) data that goes with your photographs. I’m interested in being able to copy all my photos and metadata off into my own self-hosted system. How much they would welcome that, I don’t know. But their API is certainly encouraging. And I do want them to stay in business. They’ve been a terrific help for me, and many other photographers, and we do appreciate what they’ve done and still do. And I think they can succeed. In fact, I’d be glad to help with that.

But mainly I want them, and every other silo out there, to realize that the pendulum has now swung full distance in the silo’d direction — and that it’s going to swing back in the direction of open and distributed everything. And there’s plenty of money to be made there too.

I think they might also consider going all-pro or mostly-pro. I say that because I’m willing to pay more than I do now, for a serious pro account — meaning one in which I have more of a relationship with the company. When the average price of first-rate cameras and lenses each run well into four figures, paying, say, $100+ per year for hosting of photos and other value-adds isn’t a bad deal. Hell, I used to pay that much, easy, per month, for film processing, back in the last millennium. And I did most of that at Costco.

So here’s hoping we can talk, that Deepa can recover what she’s lost (or at least see a path toward something better than the relationship she had with Flickr), and that the entrepreneurs and VCs out there will start seeing value in new open-Web start-ups, rather than the ad-funded and silo’d ones that are still fashionable today.

[Later (28 January)...] Thomas Hawk reports,

…after getting three previous non-answer emails from them over the past few weeks, this morning they seem to have finally given her an official answer on why her account was deleted.

From Flickr:

Hi there,

Like I said before, we saw behavior in your account that
went against our guidelines and required us to take action -
which was to delete your account. Our guidelines apply to
any and all content you post on Flickr – photos you upload,
comments you make, group discussions you participate in,
etc.

I am afraid I cannot give you any more specific information
than this.

Thank you for your understanding,
Cathryn”

The only problem is though, according to Deepa she said she hasn’t participated in any discussions or group threads in Flickr for over a year. And she felt that her content very much adhered to the Flickr Guidelines.

I assume that Cathryn had no answer, and that this was the best Flickr could do.

I would like to say this is unacceptable, except that it is acceptable. We accept it when we click “accept” to Flickr’s terms of service when we take out an account with them. And Flickr is no exception here. ALL websites and services like Flickr’s have similar terms.

And we can’t expect the sites to fix them. We have to do that, by proffering our own terms.

Which we’re working on. Stay tuned.

*I actually have hopes for advertising — not as the super-targeted, quant-driven, “personalized” stuff that’s all the rage these days; but as a new communications mechanism on the corporate side of real conversational marketing, in which the customer has full status as a sovereign individual, and takes initiative, expresses intentions, and engages through mechanisms he or she controls (and preferably also owns).

In a more perfect world, where my many passions and obligations would be jobbed out to team of scattered clones, one of me would be in Santa Barbara, at the Super Santa Barbara exhibition on Net Neutrality at 653 Paseo Nuevo where a reception will take place 6:30pm-9pm on Thursday (that’s today) January 6th.

In my stead will be friends, most notably Joe Andrieu — who will give a talk on Net Neutrality with a Q&A — and Warren Schultheis of City2.0, who organized the event and the exhibition, which will run Jan 7th – Jan 23rd. Tues-Sun 12pm -5pm.

In their page on Net Neutrality, there’s a link to this piece I wrote for Linux Journal in 2006. It holds up pretty well, actually.

Again, wish I could be there. But if you are, please come by. There are many arguments to be had on the topic — art to appreciate as well (such as the Julia Ford item above). But the fact that matters most for Santa Barbara is that the city is still under-served by its sources of Internet connectivity. That alone should give everybody plenty to talk about.

Bonus link.

So I’m in the midst of my first encounter with PeerIndex, which I found through this Petervan’s Blog post. I’d been pointed to PeerIndex before, and to other services like it, and have always found them aversive. But this time the lead came from a friend and business associate, so I thought I’d check it out.

While it’s kinda creepy using Facebook Connect and other means of dumping one’s online life into a service one does not yet understand, much less trust, I don’t have any secrets at any of those data sources, so I gave it a try. Here’s the result, in graphical form:

peerindex

Here’s how Peter explains this:

Peerindex helps you understand and benefit from your social and reputation capital online. How much is your online reputation worth ? PeerIndex is a web technology company that is algorithmically mapping out the social web.

The way we see it, the social web now allows everyone endless possibilities in discovering new information on people, places, and subjects. We believe that the traditional established authorities and experts – journalists, academics, are now joined by a range of interested and capable amateurs and professionals. As this locus of authority shifts, many new authorities emerge. PeerIndex wants to become the standard that identifies, ranks, and scores these authorities — and help them benefit from the social capital they have built up

Btw, my Peerindex is 60. That’s based on my digital footprint on Twitter, Facebook, LinkedIn, and my blogging activities. It is obvious to see that this number “60” may one day translate into some virtual social currency.

Friends, this is high school with a business model.

While our value in the marketplace depends on our reputations, we are not reducible to “captial,” “assets,” “currency” or any other measure.

What I write on this blog, what I tweet, what I share through LinkedIn and Facebook, is not for an “audience.” I have readers here. That’s who I write for. While my services, whatever they are, have value in the marketplace, and I get paid for some of them, that’s not why I write what I write—here, in Twitter or anywhere other than in private correspondence that concerns actual business.

Somewhere back in the early days, this blog plateau’d at about 20,000 regular readers. It’s still there, I’m sure, though I haven’t checked in years. On Twitter I’ve got about 12,000 followers, who I suspect are a subset of my blog readers. That’s fine with me. I’m not looking for more. And I don’t care if I have less. I write stuff that I think is worth sharing, mostly on the old Quaker maxim of not speaking unless you can improve on the silence. Shouting louder isn’t my style. Joking around is. Saying too much or too little is. Being myself is.

Somewhere in the oeuvre of Kurt Vonnegut is a line I can’t find on the Web, but remember going like this: “High school is the core American experience.”  [Later... Mike Warot found the original. Very cool.] I think this is true. And I think that’s what this kind of stuff, as otherwise well-intended as it may be, appeals to.

In his first World Entertainment War album, Rob Breszny pauses in the midst of a wacky narrative to offer a multiple choice question for which the correct answer is this: “Burn down the dream house where your childhood keeps repeating itself.”

Wishing for popularity and approval is a mark of adolescence, a term invented to describe a normative high school condition—specifically, one in which childhood is prolonged. The best cure I know is chug down some Whitman. Here’s a sample:

In all people I see myself, none more
and not one a barleycorn less,
And the good or bad I say of myself I say of them.

I know I am solid and sound.
To me the converging objects of the universe
perpetually flow.
All are written to me,
and I must get what the writing means.
I know I am deathless.
I know this orbit of mine cannot be swept
by a carpenter’s compass,

I know that I am august,
I do not trouble my spirit to vindicate itself
or be understood.
I see that the elementary laws never apologize.

I exist as I am, that is enough.
If no other in the world be aware I sit content.
And if each and all be aware I sit content.

One world is aware, and by far the largest to me,
and that is myself.
And whether I come to my own today
or in ten thousand or ten million years,
I cheerfully take it now,
or with equal cheerfulness I can wait.

My foothold is tenoned and mortised in granite.
I laugh at what you call dissolution,
And I know the amplitude of time.

I am a poet of the body,
And I am a poet of the soul.

I am the poet of the woman the same as the man.
And I say it is as great to be a woman as to be a man,
And I say there is nothing greater than the mother of men.

I chant a new chant of dilation and pride.
We have had ducking and deprecating about enough.
I show that size is only development.

Have you outstript the rest? Are you the President?
It is a trifle.
They will more than arrive there every one,
and still pass on.

I am he that walks with the tender and growing night.
I call to the earth and sea half-held by the night.

Smile O voluptuous coolbreathed earth!
Earth of the slumbering and liquid trees!
Earth of the departed sunset!
Earth of the mountains misty topt!
Earth of the vitreous pour of the full moon
just tinged with blue!
Smile, for you lover comes!

Prodigal! you have given me love!
Therefor I give you love!
O unspeakable passionate love!
Thurster holding me tight that I hold tight!

We hurt each other
as the bridegroom and the bride hurt each other

You sea! I resign myself to you also…
I guess what you mean.
I behold from the beach your crooked inviting fingers.
I believe you refuse to go back without feeling of me.
We must have a turn together.
I undress. Hurry me out of sight of the land.
Cushion me soft. Rock me in billowy drowse.
Dash me with amorous wet. I can repay you!
Howler and scooper of storms!
Capricious and dainty sea!
I am integral with you.
I too am of one phase and all phases.

I am the poet of common sense
and of the demonstrable and of immortality.
And am not the poet of goodness only.

What blurt is it about virtue and about vice?
Evil propels me, and reform of evil propels me.
I stand indifferent.
My gait is no faultfinder’s or rejecter’s gait.
I moisten the roots of all that has grown.

Did you fear some scrofula out
of the unflagging pregnancy?
Did you guess the celestial laws are yet
to be worked over and rectified?

I step up to say what we do is right,
and what we affirm is right,
and some is only the ore of right.
Soft doctrine a steady help as stable doctrine.
Thoughts and deeds of the present
our rouse and early start.

This minute that comes to me over the past decillions.
There is no better than it and now.

Walt Whitman, an American, one of the roughs,
a cosmos.
Disorderly fleshy and sensual…
eating, drinking and breeding.
No sentimentalist… no stander above men and women
or apart from them… no more modest than immodest.

Whoever degrades another degrades me.
And whatever is done or said returns at last to me.
And whatever I do or say I also return.

Through me the afflatus surging and surging.
Through me current and index.

I speak the password primeval.
I give the sign of democracy.
By God, I will accept nothing which all cannot have
their counterpart on the same terms.

Through me many long dumb voices,
Voices of the generations of slaves,
of prostitutes and deformed persons,
f the diseased and despairing,
of thieves and dwarves.
Of cycles of preparation and accretion,
And of the threads that connect the stars
– and of wombs, and of the fatherstuff,
And of the rights of them the others are down upon,
Of the trivial and flat and foolish and despised,
Of the fog in the air and beetles rolling balls of dung.

Through me forbidden voices,
Voices of sexes and lusts. Voices veiled,
and I remove the veil.
Voices indecent are by me clarified and transfigured.
I do not press my finger across my mouth.
I keep as delicate around the bowels
as around the head and heart.

Copulation is no more rank to me than death is.

I believe in the flesh and the appetites.
Seeing hearing and feeling are miracles,
and each part and tag of me is a miracle.

Divine I am inside and out;
and make holy whatever I touch or am touched from;
The scent of these armpits is aroma finer than prayer
This head is more than churches or bibles or creeds.

If I worship any particular thing it shall be some
of the spread of my body.
Shared ledges and rests, firm muscular coulter,
it shall be you.
Breast that presses against other breasts, it shall be you.
Mixed tussled hay of head and beard and brawn
it shall be you.
Sun so generous it shall be you,
Vapors lighting and shading my face it shall be you.
Winds whose soft-tickling genitals
rub against me it shall be you.
Hands I have taken, face I have kissed,
mortal I have ever touched, it shall be you.

I dote upon myself. There is that lot of me,
and all so luscious,
Each moment and whatever happens thrills me with joy.

I cannot tell how my ankles bend…
nor whence the cause of my faintest wish.

A morning glory at my window
satisfies me more than the metaphysics of books.

To behold the daybreak!
The little light fades the immense and diaphanous shadows.
The air tastes good to my palate.

Hefts of the moving world turn on innocent bearings,
silently rising, freshly exuding,
Scooting obliquely high and low.

Something I cannot see puts upward libidinous prongs.
Seas of bright juice suffuse heaven.

The earth by the sky staid
with the daily close of their junction.
The heaved challenge from the east that moment
over my head,
The mocking taunt, See then whether you shall be master!

Dazzling and tremendous how quick
the sunrise would kill me
If I could not now and always send sunrise out of my self.

We also ascend dazzling and tremendous as the sun.
We found our own way my soul in
the calm and cool of the daybreak.

My voice goes after what my eyes cannot reach.
With the twirl of my tongue I encompass worlds
and volumes of worlds.

Speech is the twin of my vision…
it is unequal to measure itself.
It provokes me forever.
It says sarcastically, Walt, you understand enough –
why don’t you let it out then?

Come now, I will not be tantalized.
You make too much of articulation.

Encompass worlds but never try to encompass me.
I crowd your noisiest talk by looking toward you.

Writing and talk do not prove me.
I carry the plenum of proof and everything else
in my face.
With the hush of my lips I confound the topmost skeptic.

All truths wait in all things.
They neither hasten their own delivery nor resist it.
They do not need the obstetric forceps of the surgeon,
The insignificant is as big to me as any.
What is less or more than a touch?

Logic and sermons never convince.
The damp of the night drives deeper into my soul.

Only what proves itself to every man and woman is so.
Only what nobody denies is so.

I think I could turn and live awhile with the animals.
They are so placid and self-contained.
I stand and look at them sometimes half the day long.
They do not sweat and whine about their condition.
They do not lie awake in the dark and weep for their sins.
Not one is dissatisfied.
Not one is demented with the mania of owning things.
Not one kneels to another nor to his kind that lived thousands of years ago.
Not one is respectable or industrious over all the earth.

I am a free companion. I bivouac by invading watchfires.

I turn the bridegroom out of bed and stay with the bride myself,
And tighten her all night to my thighs and lips.

My voice is the wife’s voice,
the screech by the rail of the stairs,
They fetch my man’s body up dripping and drowned.
I understand the large hearts of heroes.
The courage of present and all times.
I am the man. I suffered. I was there.

I am the hounded slave. I wince at the bite of the dogs.

Agonies are one of my changes of garments.

I do not ask the wounded person how he feels.
I myself am the wounded person.
My hurt turns livid upon me as I lean on a cane
and observe.

Distant and dead resuscitate.
They show as the dial or move as the hands of me…
and I am the clock myself.

The friendly and flowing savage: who is he?
Is he waiting for civilization or past it and mastering it?
Behavior lawless as snowflakes. Words simple as grass.
Uncombed head and laughter and naivete.
They descend in new forms from the tips of his fingers.
They are wafted with the odor of his body and breath.
They fly out of the glance of his eyes.

You there, impotent, loose in the knees,
open your scarfed chops till I blow grit within you.
Spread your palms and lift the flaps of your pockets.
I am not to be denied. I compel.
I have stores plenty and to spare.
And anything I have I bestow.

I do not ask who you are. That is not important to me.
You can do nothing and be nothing
but what I will infold you.

I seize the descending ;man.
I raise him with resistless will.

O despairer, here is my neck.
By God, you shall not go down.
Hang your whole weight upon me.

I dilate you with tremendous breath. I buoy you up.
Every room of your youse do I fill with an armed force.

The weakest and shallowest is deathless with me.
What I do and say the same waits for them.
Every thought that flounders in me
the same flounders in them.

I know perfectly well my own egotism.
And I know my omnivorous words,
and cannot say any less.
And would fetch you whoever you are flush with myself.

I do not know what is untried and afterward,
But I know it is sure and alive and sufficient.

It is time to explain myself. Let us stand up.

I am an acme of things accomplished,
and I an encloser of things to be.
Rise after rise bow the phantoms behind me.
Afar down I see the huge first Nothing,
the vapor from the nostrils of death.
I know I was even there.
I waited unseen and always.
And slept while God carried me
through the lethargic mist.
And took my time.

Long I was hugged close. Long and long.
Infinite have been the preparations for me.
Faithful and friendly the arms that have helped me.

Cycles ferried my cradle, rowing and rowing
like cheerful boatmen;
For room to me stars kept aside in their own rings.
They sent influences to look after what was to hold me.

Before I was born out of my mother
generations guided me.
My embryo has never been torpid.
Nothing could overlay it.
For it the nebula cohered to an orb.
The long slow strata piled to rest it on.
Vast vegetables gave it substance.
Monstrous animals transported it in their mouths
and deposited it with care.

All forces have been steadily employed
to complete and delight me.
Now I stand on this spot with my soul.

I know that I have the best of time and space.
And that I was never measured, and never will be measured.

I tramp a perpetual journey.
My signs are a rainproof coat, good shoes
and a staff cut from the wood.

Each man and woman of you I lead upon a knoll.
My left hand hooks you about the waist,
My right hand points to landscapes and continents,
and a plain public road.

Not I, nor any one else can travel that road for you.
You must travel it for yourself.

It is not far. It is within reach.
Perhaps you have been on it since you were born
and did not know.
Perhaps it is everywhere on water and on land.

Shoulder your duds, and I will mine,
and let us hasten forth.

If you tire, give me both burdens and rest the chuff of your hand on my hip.
And in due time you shall repay the same service to me.

Long enough have you dreamed contemptible dreams.
Now I wash the gum from your eyes.
You must habit yourself to the dazzle of the light and of every moment of your life.

Long have you timidly waited,
holding a plank by the shore.
Now I will you to be a bold swimmer,
To jump off in the midst of the sea, and rise again,
and nod to me and shout,
and laughingly dash your hair.

I am the teacher of athletes.
He that by me spreads a wider breast than my own
proves the width of my own.
He most honors my style
who learns under it to destroy the teacher.

Do I contradict myself?
Very well then. I contradict myself.
I am large. I contain multitudes.

I concentrate toward them that are nigh.
I wait on the door-slab.

Who has done his day’s work
and will soonest be through with his supper?
Who wishes to walk with me.

The spotted hawk swoops by and accuses me.
He complains of my gab and my loitering.

I too am not a bit tamed. I too am untranslatable.
I sound my barbaric yawp over the roofs of the world.

The last scud of day holds back for me.
It flings my likeness after the rest and true as any
on the shadowed wilds,
It coaxes me to the vapor and the desk.

I depart as air.
I shake my white locks at the runaway sun.
I effuse my flesh in eddies and drift in lacy jags.

I bequeath myself to the dirt and grow
from the grass I love.
If you want me again look for me under your boot soles.

You will hardly know who I am or what I mean.
But I shall be good health to you nevertheless.
And filtre and fiber your blood.

Failing to fetch me at first keep encouraged.
Missing me one place search another
I stop some where waiting for you.

Today, this is that place.

[Later...] @PeerIndex responded with a generous and non-defensive tweet. As I tweeted back, hats off.

We’ll start with four essential posts on the Wikileaks matter.

First is Iran and the Bomb, by Hedrik Hertzberg, It’s this week’s Talk of the Town in The New Yorker. Here’s the pull quote:

Perhaps the two biggest secrets that the WikiLeaks leaks leaked are that the private face of American foreign policy looks pretty much like its public face and that the officials who carry it out do a pretty good job.

Second is Clay Shirky‘s Wikileaks and the Long Haul. His bottom lines (or, paragraphs):

The key, though, is that democracies have a process for creating such restrictions, and as a citizen it sickens me to see the US trying to take shortcuts. The leaders of Myanmar and Belarus, or Thailand and Russia, can now rightly say to us “You went after Wikileaks’ domain name, their hosting provider, and even denied your citizens the ability to register protest through donations, all without a warrant and all targeting overseas entities, simply because you decided you don’t like the site. If that’s the way governments get to behave, we can live with that.”

Over the long haul, we will need new checks and balances for newly increased transparency — Wikileaks shouldn’t be able to operate as a law unto itself anymore than the US should be able to. In the short haul, though, Wikileaks is our Amsterdam. Whatever restrictions we eventually end up enacting, we need to keep Wikileaks alive today, while we work through the process democracies always go through to react to change. If it’s OK for a democracy to just decide to run someone off the internet for doing something they wouldn’t prosecute a newspaper for doing, the idea of an internet that further democratizes the public sphere will have taken a mortal blow.

Third is Hackers Give Web Companies a Test of Free Speech, in the New York Times. It’s about secretive hackers attacking MasterCard, Visa and Paypal, and doing so in what we might call a “social” way. Sez the Times, “To organize their efforts, the hackers have turned to sites like Facebook and Twitter. That has drawn these Web giants into the fray and created a precarious situation for them.” The pull-grafs:

Some internet experts say the situation highlights the complexities of free speech issues on the Internet, as grassroots Web companies evolve and take central control over what their users can make public. Clay Shirky, who studies the Internet and teaches at New York University, said that although the Web is the new public sphere, it is actually “a corporate sphere that tolerates public speech.”

Marcia Hofmann, a lawyer at the Electronic Frontier Foundation, said, “Any Internet user who cares about free speech or has a controversial or unpopular message should be concerned about the fact that intermediaries might not let them express it.”

She added, “Your free speech rights are only as strong as the weakest intermediary.”

Fourth is Dave Winer‘s Are we starting a full-out war on the Internet? His post pivots from Wikileaks to a larger issue: the Net itself:

I watch my friends root for the attackers and think this is the way wars always begin. The “fighting the good fight” spirit. Let’s go over there and show them who we are. Let’s make a symbolic statement. By the time the war is underway, we won’t remember any of that. We will wonder how we could have been so naive to think that war was something wonderful or glorious. People don’t necessarily think of wars being fought on the net and over the net, but new technology comes to war all the time, and one side often doesn’t understand…

…the Internet no longer has to fight for a right to exist. The people want it. But what kind of Internet we get, and what kind of government we get, those two things are now very deeply intertwined, and absolutely not decided. And how our financial system functions, that’s going to be what the war is fought over, if we can’t avoid having a war — which we should, if we can.

Let’s go back to Clay’s characterization of the Web as a corporate sphere that tolerates public speech. This is true, and in a way that goes far deeper than the current popularity of Twitter, Facebook and other “social” sites and services. It goes to the Domain Name System, or DNS.

You don’t own domain names. You rent them. You do this through a domain name registrar. Most of these are commercial entities. These sit in a domain name space that is hierarchical in nature and structure. This is why it is possible for governments and well-placed companies to cut off Wikileaks from every Web location other than wikileaks.ch, in Switzerland, which is characteristically neutral on the matter. It’s also why, even with COICA (the Combating Online Infringement and Counterfeits Act) still in its larval stage, Homeland Security can kill off websites for alleged copyright infringement without showing probable cause, issuing a warrant, or anything else so traditionally procedural. (Here’s one example.)

The Web and the DNS are also organized on the client-server model. In addition to putting site owners at the mercy of greater powers in the hierarchy, this puts users — you and me — at the mercy of the site owners. Think about this every time you don’t read the terms of an “agreement” you submit to. The pro formalities of these conform to the submissive/dominant relationship between clients and servers. These agreements, known as contracts of adhesion, nail down the submissive party while leaving the dominant party free to change the terms. Such is the law of the Web’s jungle: a system in which site owners control the rules of engagement, and provide the means as well. This is why you have to carry around a janitor’s keyring of separate logins and passwords for every different site and service with which you do business. The shortcuts provided by Twitter and Facebook are handy, but can also mask high degrees of exposure — especially in the Facebook case. (See I Shared What? for schooling on this.) Think about why “privacy policy” appears in nearly a billion sites, with the quotes, and in three and a quarter billion sites without the quotes.

So, why don’t you have your own policy? Why can’t you be as trustworthy on the Web as you are walking into any store off the street? The reason is that you have no status on the Web itself beyond the minima implied by the term “user.” Whatever status you experience is what’s granted by site owners. You are the client. Your position is submissive. The dominant party is in charge, and there are a billion-plus of those.

I don’t propose fixing either DNS or the client-server model. I do propose, however, that we work on new models that don’t put us in submissive roles. For one example, see “How is your idea new?” under our Knight News Challenge entry. (And, if you like it, give it a good rating.) There are others as well. David Siegel wrote a whole book on one. Kynetx has another. (They’re complementary.) I could go on (and I invite others to do exactly that).

The Wikileaks mess was made on the Web, and less so the Net. These things are different. More to the point, we are netizens and not just webizens. The war for the Net is a separate one, and it is being faught in many places. From some of those places, little if any news escapes. (For example, did you know that your city in Texas you can’t do what Chatanooga’s doing in Tennessee?) Others places, such as Washington, are beyond fubar.

I’ll have more to say about that war in another post soon. Meanwhile, it might help to read an oldie but (very) goodie: Retired Texas Judge Steve Russell’s reaction to the late Communications Decency Act.

Some context on privacy

Searches:

So if you’re looking for something about privacy that’s not a site with a privacy policy, you’re also looking at a high haystack/needle ratio.

Just saying.

Not sure what else that data says, such as it is. But it’s interesting.

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Searches:

So if you’re looking for something about privacy that’s not a site with a privacy policy, you’re looking at a high haystack/needle ratio.

Just saying.

Lately, thanks to the inexcusably inept firing of Juan Williams by NPR brass, and the acceptance of a $1.8 million grant from George Soros, NPR has tarred its credentials as a genuinely fair and balanced news organization. Which it mostly still is, by the way, no matter how much the right tries to trash it. (And mostly succeeds, since trying to stay in the middle has itself become a lefty thing to do.)

Columnists all over the place are calling for the feds “pull the plug on funding for Natonal Public Radio”. (That’s from No subsidy for NPR, by Boston Globe columnist Jeff Jacoby. An aside: NPR’s name is now just NPR. Just like BP is no longer British Petroleum.) In fact NPR gets no money from the feds directly. What NPR does is produce programs that it wholesales to stations, which retail to listeners and sponsors. According to NPR’s finances page, about 10% of that sponsorship comes from the Corporation for Public Broadcasting (CPB). Another 6% comes from “federal, state and local government”.

Jeff points to a NY Times piece, Move to Cut NPR Funding is Defeated in the House, which says “Republicans in the House tried to advance the defunding measure as part of their ‘YouCut‘ initiative, which allows the public to vote on which spending cuts the G.O.P. should pursue.’ The You Cut page doesn’t mention public radio. It does have this:

Terminate Broadcasting Facility Grant Programs that Have Completed their Mission.

Potential Savings of $25 million in the first year, $250 million over ten years.

In his most recent budget, President Obama proposed terminating the Public Broadcasting Grants at the Department of Agriculture and Public Telecommunications Facilities Grants at the Department of Commerce. The President’s Budget justified terminating these programs, noting that: “Since 2004, the USDA Public Broadcasting Grants program has provided grants to support rural public television stations’ conversion to digital broadcasting. Digital conversion efforts mandated by the Federal Communications Commission are now largely complete, and there is no further need for this program.” and “Since 2000, most PTFP awards have supported public television stations’ conversion to digital broadcasting. The digital television transition was completed in 2009, and there is no further need for DOC’s program.”

CPB isn’t in there. And they’re right: the digital conversion is done. So maybe one of ya’ll can help us find exactly what the congressional Republicans are proposing here.

Here’s a back-and-forth between Anna Christopher of NPR and Michael Goldfarb of the Weekly Standard. Says Anna,

NPR receives less than 2% of its funding from competitive grants sought by NPR from federally funded organizations (such as the Corporation for Public Broadcasting, National Science Foundation and the National Endowment for the Arts).

Replies Michael,

I appreciate the smug, condescending tone of this letter, but I’m unconvinced. As one former CPB official I spoke to explained, “they love to claim they’re insulated, but they’re very much dependent on the public tit.” The other 98 percent of NPR’s funding comes from a mix of donations, corporate support, and dues from member stations. The fees and dues paid by member stations comprise more than half of NPR’s budget. Where does that money come from? In large part, from the federal government.

Take the local NPR affiliate in Washington, WAMU 88.5. That station paid NPR in excess of $1.5 million in dues, the station’s largest single expense outside of fundraising and personnel. The station also took in $840,000 in public funding and grants from the CPB. The station spent nearly $4 million on “fund-raising and membership development,” with a return of just $6 million. Fundraising is expensive — public money isn’t.

I looked at the .pdf at that link and don’t see the same numbers, but it’s clear enough that NPR affiliates pay a lot for NPR programming, and a non-trivial hunk of that money comes from CPB. According to this CPB document, its regular approriation for fiscal year 2010 is $420 million, and it’s looking for $430 million in 2011, $445 million for 2012 and $604 million for 2013. Bad timing.

Still, here’s the really interesting thing that almost nobody is talking about. Public radio kicks ass in the ratings. It’s quite popular. In fact, I would bet that it’s far more popular, overall, than right wing talk radio.

In Raleigh-Durham, WUNC is #2, with an 8.2 share. That’s up from 7.5 in the prior survey. Radio people can tell ya, that number is huge.

In San Francisco, KQED is #4 with a 5.2 share.

In New York, WNYC-FM is down in the teens with a 2.2 share, but nobody has more than a 6.5. Add WNYC-AM’s .8 share and classical sister WQXR’s 1.8 share, and you get a 4.8, which is #3 overall.

Here is Boston, WBUR has a 3.3 share. WGBH has a 1.1. Its classical sister station, WCRB (which now avoids using call letters) has a 2.7. Together those are 6.1, or #3 overall.

In Washington, WAMU gets a 4.8, , and stands at #5. Classical WETA has a 4.4, for #6. Add in Pacifica’s jazz station, WPFW, with .8, and you get 10, which would be #1 if they were counted together.

There are places where public radio, relatively speaking, sucks wind. Los Angeles is one. The public stations there are good but small. (The Pacifica station is technically the biggest in the country, but its appeal is very narrow.) Dallas is another. But on the whole, NPR stations do very well.

But do they do well enough to stand on their own? I think so. In fact, I think they should. That’s one reason we created ListenLog, which I visited at length here last July. ListenLog is an app that currently works with the Public Radio Player from PRX.  The idea is to show you what you listen to, and how much you value it. Armed with informative self-knowledge, you should be more inclined to pay than just to cruise for free.

We’re entering an era when more and more of our choices are both a la carte and our own. Meaning we’re more responsible, on the whole. And so are our suppliers. There will be more connections between those two facts, and we’ll be in a position to make those connections — as active customers, and not just as passive consumers.

So, if you want public radio to do a better job, to be more accountable to its listeners and not just to the government (even if indirectly), pony up. Make it yours. And let’s keep building better tools to help with that.

[Later...] Here’s a bonus link from Bob Garfield’s AdAge column. (He’s also a host of NPR’s On the Media.) And a quote:

The only quality journalism available, at least in this country, is from a few dozen newspapers and magazines, NPR, some alt weeklies, a few websites  Slate.com, for instance) and a few magazine/website hybrids such as Atlantic. On TV, there is “The News Hour” and “Frontline” on PBS and that is it. Cable “news” is a wasteland (watch for a while and let me know when you see a reporter, you know, reporting). Network news, having taught cable how to cut costs and whore itself to ratings, isn’t much better. Local TV news is live remotes from crime scenes and “Is Your Microwave Killing Your Hamster?”

Good stuff. Read the whole thing.

Balk Friday

Yesterday’s paper came late. Guess it was too heavy. The thing weighed about four pounds, most of which was advertising for sales today, Black Friday, the first day of the Christmas Shopping season. Buy Now and Save! Celebrate the birth of the Savior by spending big, in herds.

We were at a house with TV for Thanksgiving yesterday. There on the flat screen I saw news coverage of people huddled on sidewalks, awaiting rain overnight and store openings in the morning. I guess those people are grazing on savings in those very stores right now.

One sane alternative is to join in celebration of Buy Nothing Day. It’s today in the U.S. and tomorrow elsewhere. BND is part of AdbustersCarnivalesque Rebellion, the idea behind which is to “shut down consumer capitalism for a week”. Today is the culmination of that.

About Adbusters: “We are a global network of culture jammers and creatives working to change the way information flows, the way corporations wield power, and the way meaning is produced in our society.” My work kinda fits that description, but my means toward the same ends are different. Adbusters is at war with captialism, and I’m not. I just think that the demand side of the market has never been properly equipped — and that once it is, we won’t need the war, because the system will reform itself. We’ll discover that it’s possible to prosper and improve our lives and the world by actually relating, rather than by controlling from one side or rebelling from the other.

But, each to their own. I’m glad Adbusters is out there and has a sense of humor about what they’re doing. And hey, think about how much you’re actually saving by spending nothing today.

If you want to know what data you’re sharing — without (thus far) knowing about it — on Facebook, ISharedWhat.com is the way. You run it as a simulator and what’s what.

It was developed by Joe Andrieu, a stalwart contributor of wisdom and code to the VRM community, and has been covered by and tweeted by the Wall Street Journal’s @WhatTheyKnow.

It’s what we call a fourth party app, meaning it performs as an instrument of your intentions, rather than a seller’s or a site operator’s. Check it out and give Joe feedback.

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Live blogging Barbara van Schewick’s talk at Maxwell Dworkin here at Harvard. (That’s the building from which Mark Zuckerberg’s movie character stumbles through the snow in his jammies. Filmed elsewhere, by the way.)

All the text is what Barbara says, or as close as I can make it. My remarks are in parentheses. The talk should show up at the MediaBerkman site soon. When it does, go there for the verbatim version.

(In the early commercial Net, circa 1995 forward), the innovator doesn’t need to ask permission from the network provider to innovate on the network. Many different people can innovate. Individuals at the network’s ends are free to choose and to use. Obligation to produce a profit in the future isn’t required to cover development costs, because those costs are often cheap.

Innovators decide, users decide, low costs of innovation let a large and diverse group can participate.

The network is application-blind. That’s a virtue of end-to-end. (Sources Reed, Saltzer and End-to-End Arguments in System Design.)

Today the network operators are in a position to control execution of programs. “Imagine you have this great idea for a video application… that means you never have to go back to cable again. You know you have a fair chance at the marketplace…” In the old system. Not the current one. Now the network provider can stand in the way. They say they need to manage bandwidth, or whatever. Investors don’t invest in apps or innovators that threaten the carriers directly.

Let’s say Google ran the network when YouTube came along. Would YouTube win this time, like it did the first time? (Disregard the fact that Google bought YouTube. What matters is that YouTube was free to compete then in ways it probably would not now—so she suggests.)

In the early Net (1995+), many innovators decided, and users decided. There was little uncertainty about the supportive nature of the Internet.

User uncertainty or user heterogeneity? More and better innovation that better meets user needs. More ideas realized. (That’s her slide.)

With fewer or less diverse innovators, fewer ideas are realized.

Her book concentrates on innovators with little or no outside funding. (Like, ProjectVRM? It qualifies.)

One might ask, do we need low cost innovators now that there are so many billionaires and giants like Google and Yahoo? Yes. The potential of the early Web was realized by Netscape, not Microsoft. By Amazon, not by Barnes & Noble.

Established companies have different concerns and motivations than new innovators. Do we prefer innovation from large self-protecting paranoid companies or small aggressive upstarts?

Users decide vs. Network providers decide. That’s the choice. (The latter like to choose for us. They did it with telephony and they did it with cable TV.) In Europe some network providers prohibit Skype because it competes with their own services. Do we want them to pick winners and losers? (That’s what they want to do. Mostly they don’t want to be losers.)

Users’s interests: Innovators decide. Users decide Network can’t control Low costs of innovation, very large and diverse group of innovators. (Her slides are speaker’s notes, really.)

Network providers’ interests: They are not interested in customer or user innovation. In fact they oppose it. They change infrastructure to protect their interests. There is a gap between their private and public interests: what economists call a Market failure.

Do we need to regulate network providers? That’s what Network neutrality is about. But the high cost of regulation is a difficult question. Not saying we need to preserve the Net’s original architecture. We do need to protect the Net’s ability to support innovation.

Let’s pull apart network neutrality and quality of service (which the carriers say they care most about).

Best effort is part of the original design. Didn’t treat packets differently. Doing that is what we call Quality of Service (QoS).

Question: How to define discrimination? We need to ask questions. Such as, do we need a rule against blocking? Such as against Skype. One defining factor in all NN proposals is opposition to blocking. If Comcast slows down YouTube or something else from Google to favor it’s own video services (e.g. Xfinity), that’s discrimination.

Option 1: allow all discrimination…. or no rule against discrimination. That’s what the carriers want. Think of all the good things you could get in the future that you can’t now if we allow discrimination, they say. (Their promise is a smooth move of cable TV  to the Net, basically.)

Option 2: ban all discrimination … or treat every packet the same. This is what Susan Crawford and others argue for. Many engineers say “just increase capacity,’” in suipport of that. But that’s not the best solution either. It’s not the job of regulators to make technical decisions about the future.

All or nothing doesn’t work. Nether allow all discrimination nor Ban all discrimination.

Application blindness is the answer.

Ban discrimination based on applicaitons. Ban discrimination based on applications or classes of aplicaitons.

Fancast vs. Hulu. YouTube vs. Hulu. Allow discrimination based on class of aplication… or like treatment. Treat internet telephony vs. email differently. But don’t favor Skype over Vonage. (This is hard to describe here. Forgive.)

Problem 1. Distorting competion. Capturing some value from gaming, for example, by favoring it as a class. Give it no-delay service while not doing that for VoIP. But both are affected by delays. In the Canadian network management proceding, we found that P2P is slowed down either all the time or during congestion time. That allows real-time to work well. But then real-time video came along. What class do they say that belongs to? We don’t really know what the Canadian carriers did, but we do visit the question of what they should do if they discriminate by class. Thus…

Probem 2. High cost of regulation. (Self-explanatory, so it saves me the effort to transcribe.)

Problem 3. User choice. Support from the network. The moment you require support from the network (as a user or app provider), you throttle innovation.

Constraints on Network Evolution allows quality of service: 1) Dfferent classes of service offered on a non-discriminatory basis; 2) Users able to choose wheter and when to use which class of service; 3) Net provider only allowed to charge its own Internet service sustomers for use of different classes of service*. So network providers don’t destroy competition any more. Users get to choose which quality of service to use. And the network provider doesn’t need to provide QoS except in a general way. They’re out of the market equation.

(Bob Frankston is across the aisle from me, and I can see the word balloon over his head: “Why constrain thinking with ‘services’ at all? Why not just start with connectivity? Services keeps us in the telecom bottle.”)

Constraints on network evolution. Cost of regulation.

MY SOLUTION: (not on screen long enough.. there was more on the slide)

Preserve factors that have fostered application innovation ≠ Preserve original archictecture of the internet.

Final question to talk about. Why care about application innovation?

Have you ever tried to explain to your partner’s grandmother why she should use the Internet? You don’t argue about sending packets back and forth. You talk about grandchildren pictures, and being able to talk for free. That comes from innovation at the ends, not the carriers.

We need to protect the sources of innovation.

Yochai: What do you do with Apple iPhone? Tremendous user adoption being driven precisely by a platform that reverses many of your assumptions smack in the middle othe most controversial boundary, regarding wireless. (Not verbatim, but as close as I could get.)

Barbara: People say, “Look, I’ve got a closed device supporting lots of innovation.” No, you need to think about this differently. Apple created a device with open interfaces that supported lots of innovation. So it moved us from a world where few could innovate and it was costly, to a world where many could and it was cheap. Proves my point. Now we have an experiment with iPhone vs. Android. Apple controls, Google doesn’t. Now we get to see how this plays out. We’re starting to see where lots of innovators are moving to Android as well. More are starting with the Android, experimenting and then moving to the iPhone. The cost of starting on the Android is less. So we have two shifts. I think we will se the platform with no control being more successful.

Every network neutrality proposal has a network management exception. Mine doesn’t.

Q from the audience; Some apps still need a lot of money, whether or not the network is neutral. Building a big data warehouse isn’t cheap. And why is innovation all that matters? What happens when it is actually hurtful to rich incumbents such as news channels?

Barbara: I agree. If you’re a rich company, your costs of entry are lower. Kids with rich parents have advantages too. To me the network itself is special because it is the fundamental point of entry into the marketplace. We want the impediments to be as low as possible. The cost of starting Facebook for Mark Zuckerberg was actually rather low. He scaled after getting VC money, but he got a significant number of users first, without a lot of costs. I do think this is very important. Innovation is often disruptive, sure. But that’s not a reason for messing with this fundamental infrastructure. If newspapers have a problem with the Net, fix the papers. Separate that problem from the infrastructure itself. As a general matter, one of the good things about the Net’s infrastructure is that it allows disruption.

Q: What about companies as users? (Can’t summarize the answer.)

Bob Frankston: If your grandmother is on a phone… (couldn’t get what Bob said or make sense of Barbara’s response… sorry).

Q: (What about subsidies? I think.) The theory of two-sided markets. With papers, subscibers and advertisers. With the Net, users and app providers. If you’re attached to one platform, the providers are likely to attach to one side. (I think that’s what she’s saying.) This gives the provider a way to monopolize. In Europe, where there is more competition, there are more trade-offs. I think what would happen if we forced the net to be neutral, would we solve the problem by charging a different way. Subsidies, tax breaks. Perhaps a solvable problem. Let’s say we allow the carriers to charge extra (for premium use?). We break the system at its core. It doesn’t make sense to give up the value of the Internet to solve a problem that can be solved a different way.

Q: A question about managed vs. unmanaged isochronous delivery. We should be thinking about what happens when the carriers start charging for better service. (But they already do, with service tiers, and business-grade service (with assigned IP addresses, unblocked ports, etc.). The Europeans give the regulators the ability to monitor quality and impose minimum standards. This has a whole bunch of problems What really are acceptable levels? for example. The Europeans think this is sufficient to discipline providers. Well, in the end there might be some apps that require strict guarantees.

Okay, it’s later now. Looking back over this, I have to say I’m not sure it was a great idea to live-blog it. There are others who are better at it. Within the Berkman fold, David Weinberger is one, and Ethan Zuckerman is another. Neither were in the room, so I thought I’d give it a try. Again, visit MediaBerkman for the actual talk. Or just go get her book, Internet Architecture and Innovation. I got one, and will start reading it shortly.

The picture above, by the way, is one of a set I shot at the talk.

So my friend Joe tells me to check out a book called Where Good Ideas Come From. I look it up on Google and click on the top result, an Amazon one for Steven Johnson’s book by that title. That goes to an Amazon page for the book, with links and pitches to various other books I might also want. One is Clay Shirky’s Cognitive Surpus. Another is Ian Morris’s Why The West Rules — For Now. Another is for Kevin Kelly’s What Technology Wants. I already have Kevn’s book, but would like to buy the other three, in a bunch.

So I go to put them all in my cart. But I can’t—far as I know, anyway. Not on that page, because it turns out this search result is intended mostly (or entirely… hard to tell) for Kindle users. I don’t have a Kindle and prefer to buy actual paper books. So I search again, within Books this time, on the Amazon site. This brings up a page for Stephen Johnson’s book, and a grouping of books “Frequently Bought Together” that has Kevin’s and Clay’s books and a way to pay for all three at once (for $50.57).

But I don’t want Kevin’s book this time, and I’m missing Ian Morris’s book. Can I put together a different “Price for all three” that includes the books I do want this time around? Well, I have to find Ian’s book. It’s not in “Customers Who Bought This Item Also Bought”—at least not on that page. I eventually find it on page 3 (of 20) in a horizontal scroll to the right of the original five. But how to combine them? I dunno, and decide just to do it the aging-fashioned way: by putting all three individually in my basket.

Back in 1996 this seemed miraculous. Now it seems like a chore.

I would love it if Amazon gave me a simple search result, for the book I want, and then let me optionally add all the other stuff that right now is aggressive guesswork about what I might want.

Or maybe there’s already a way of doing that. Is there?

In The Data Bubble, I told readers to mark the day: 31 July 2010. That’s when The Wall Street Journal published The Web’s Gold Mine: Your Secrets, subtitled A Journal investigation finds that one of the fastest-growing businesses on the Internet is the business of spying on consumers. First in a series. That same series is now nine stories long, not counting the introduction and a long list of related pieces. Here’s the current list:

  1. The Web’s Gold Mine: What They Know About You
  2. Microsoft Quashed Bid to Boost Web Privacy
  3. On the Web’s Cutting Edge: Anonymity in Name Only
  4. Stalking by Cell Phone
  5. Google Agonizes Over Privacy
  6. Kids Face Intensive Tracking on Web
  7. ‘Scrapers’ Dig Deep for Data on the Web
  8. Facebook in Privacy Breach
  9. A Web Pioneer Profiles Users By Name

Related pieces—

Two things I especially like about all this. First, Julia Anguin and her team are doing a terrific job of old-fashioned investigative journalism here. Kudos for that. Second, the whole series stands on the side of readers. The second person voice (you, your) is directed to individual persons—the same persons who do not sit at the tables of decision-makers in this crazy new hyper-personalized advertising business.

To measure the delta of change in that business, start with John Battelle‘s Conversational Marketing series (post 1, post 2, post 3) from early 2007, and then his post Identity and the Independent Web, from last week. In the former he writes about how the need for companies to converse directly with customers and prospects is both inevitable and transformative. He even kindly links to The Cluetrain Manifesto (behind the phrase “brands are conversations”).

In his latest he observes some changes in the Web itself:

Here’s one major architectural pattern I’ve noticed: the emergence of two distinct territories across the web landscape. One I’ll call the “Dependent Web,” the other is its converse: The “Independent Web.”

The Dependent Web is dominated by companies that deliver services, content and advertising based on who that service believes you to be: What you see on these sites “depends” on their proprietary model of your identity, including what you’ve done in the past, what you’re doing right now, what “cohorts” you might fall into based on third- or first-party data and algorithms, and any number of other robust signals.

The Independent Web, for the most part, does not shift its content or services based on who you are. However, in the past few years, a large group of these sites have begun to use Dependent Web algorithms and services to deliver advertising based on who you are.

A Shift In How The Web Works?

And therein lies the itch I’m looking to scratch: With Facebook’s push to export its version of the social graph across the Independent Web; Google’s efforts to personalize display via AdSense and Doubleclick; AOL, Yahoo and Demand building search-driven content farms, and the rise of data-driven ad exchanges and “Demand Side Platforms” to manage revenue for it all, it’s clear that we’re in the early phases of a major shift in the texture and experience of the web.

He goes on to talk about how “these services match their model of your identity to an extraordinary machinery of marketing dollars“, and how

When we’re “on” Facebook, Google, or Twitter, we’re plugged into an infrastructure (in the case of the latter two, it may be a distributed infrastructure) that locks onto us, serving us content and commerce in an automated but increasingly sophisticated fashion. Sure, we navigate around, in control of our experience, but the fact is, the choices provided to us as we navigate are increasingly driven by algorithms modeled on the service’s understanding of our identity.

And here is where we get to the deepest, most critical problem: Their understanding of our identity is not the same as our understanding of our identity. What they have are a bunch of derived assumptions that may or may not be correct; and even if they are, they are not ours. This is a difference in kind, not degree. It doesn’t matter how personalized anybody makes advertising targeted at us. Who we are is something we possess and control—or would at least like to think we do—no matter how well some of us (such as advertisers) rationalize the “socially derived” natures of our identities in the world.

It is standard for people in the ad business to equate assent with approval, and John’s take on this is a good example of that. Sez he,

We know this, and we’re cool with the deal.

In fact we don’t know, we’re not cool with it, and it isn’t a deal.

If we knew, the Wall Street Journal wouldn’t have a reason to clue us in at such length.

We’re cool with it only to the degree that we are uncomplaining about it—so far.

And it isn’t a “deal” because nothing was ever negotiated.

On that last point, our “deals” with vendors on the Web are agreements in name only. Specifically, they are a breed of assent called contracts of adhesion. Also called standard form or boilerplate contracts, they are what you get when a dominant party sets all the terms, there is no room for negotiation, and the submissive party has a choice only to accept the terms or walk away. The term “adhesion” refers to the nailed-down nature of the submissive party’s position, while the dominant party is free to change the terms any time it wishes. Next time you “agree” to terms you haven’t read, go read them and see where it says the other party reserves the right to change the terms.

There is a good reason why we have had these kinds of agreements since the dawn of e-commerce. It’s because that’s the way the Web was built. Only one party—the one with the servers and the services—was in a position to say what was what. It’s still that way. The best slide I’ve seen in the last several years is one of Phil Windley‘s. It says,

HISTORY OF E-COMMERCE

1995: Invention of the Cookie.

The End.

About all we’ve done since 1995 on the sell side is improve the cookie-based system of “relating” to users. This is a one-way take-it-or-leave-it system that has become lame and pernicious in the extreme. We can and should do better than that.

Phil’s own company, Kynetx, has come up with a whole new schema. Besides clients and servers (which don’t go away), you’ve got end points, events, rules and rules engines to execute the rules. David Siegel’s excellent book, The Power of Pull, describes how the Semantic Web also offers a rich and far more flexible and useful alternative to the Web’s old skool model. His post yesterday is a perfect example of liberated thinking and planning that transcends the old cookie-limited world. The man is on fire. Dig his first paragraph:

Monday I talked about the social networking bubble. Marketers are getting sucked into the social-networking vortex and can’t find their way out. The problem is that most companies are trying small tactical improvements, hoping to improve sales a bit and trying tactical savings programs, hoping to improve margins a bit. Yet there’s a whole new curve of efficiency waiting in the world of pull. It’s time to start talking about savingtrillions, not millions. Companies should think in terms of big, strategic, double-digit improvements, new markets, and new ways to cooperate. Here is a road map

Read on. (I love that he calls social networking a “bubble”. I’m with that.)

This week at IIW in Mountain View, we’re going to be talking about, and working on, improving markets from the buyers’ side. (Through VRM and other means.) On the table will be whole new ways of relating, starting with systems by which users and customers can offer their own terms of engagement, their own policies, their own preferences (even their own prices and payment options)—and by which sellers and site operators can signal their openness to those terms (even if they’re not yet ready to accept them). The idea here is to get buyers out of their shells and sellers out of their silos, so they can meet and deal for real in a truly open marketplace. (This doesn’t have to be complicated. A lot of it can be automated. And, if we do it right, we can skip a lot of the pointless one-sided agreement-clicking friction we now take for granted.)

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

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

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The longer view

We have two iPhones in our family. Yesterday we traded in the older one — my wife’s first-generation model, bought in 2007 — at Radio Shack. They gave us $72.94 for the phone and charger, against $199 for a new 16Gb iPhone 4. We’ll probably trade our other iPhone, my second-generation 3g one, pretty soon too.

Apple doesn’t have the same offer. I’m not sure who else does. I wouldn’t have known about it if I hadn’t stopped in a Radio Shack to buy an ethernet cable a few days ago, when the kid behind the counter told me about it. Turns out Radio Shack will take a lot of stuff in trade. Since my iPhone 3g is brand new (I replaced it at an Apple store last month for $79, before I knew about this deal), I can get $116.13 for it, according to the online appraisal system at that last link.

Yes, it bothers me that we’re staying inside Apple and AT&T’s joint silo. It also bothers me that Fake Steve Jobs is right about Android fragmentation. I also see a serious risk that Real Steve Jobs might succeed at repositioning closed systems as “integrated”. Just because, well, he’s Steve. We’re all in his reality distortion field now.

Speaking of which, Apple is now bigger than Microsoft, and the iPhone is now bigger than Rim.

I still see this as a phase, and not a bad one. Apple and Google have together cracked open the unholy death grip that phone makers and carriers have long had on the mobile world. At some point those two halves will come completely apart.

Until they do, we won’t have ambient connectivity, or what I call the Frankston Threshold.

But we’ll get there. It’s inevitable.

[Later...] If you do trade in an old iPhone, be sure to erase it before handing it over. Do that under Settings/General/Reset/Erase all content and settings.

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For folks interested in what makes Steve Jobs and Apple (same thing) tick, Being Steve Jobs’ Last Boss, in the current Bloomberg Businessweek, is helpful reading. It’s an interview of John Sculley by Leander Kahney of Cultofmac.com. Sculley had been a very successful president of Pepsico when he was recruited as CEO of Apple in 1983, essentially to serve as Steve Jobs’ adult supervisor. While Sculley oversaw much growth at Apple in the following decade, mistakes were made (including the ousting of Steve), and Sculley himself was ousted after a decade on the job.

The encompassing statements:

Steve had this perspective that always started with the user’s experience; and that industrial design was an incredibly important part of that user impression. He recruited me to Apple because he believed the computer was eventually going to become a consumer product. That was an outrageous idea back in the early 1980s. He felt the computer was going to change the world, and it was going to become what he called “the bicycle for the mind.”

What makes Steve’s methodology different from everyone else’s is that he always believed the most important decisions you make are not the things you do, but the things you decide not to do. He’s a minimalist. I remember going into Steve’s house, and he had almost no furniture in it. He just had a picture of Einstein, whom he admired greatly, and he had a Tiffany lamp and a chair and a bed. He just didn’t believe in having lots of things around, but he was incredibly careful in what he selected.

Everything at Apple can be best understood through the lens of designing. Whether it’s designing the look and feel of the user experience, or the industrial design, or the system design, and even things like how the boards were laid out. The boards had to be beautiful in Steve’s eyes when you looked at them, even though when he created the Macintosh he made it impossible for a consumer to get in the box, because he didn’t want people tampering with anything.

And,

The reason why I said it was a mistake to have hired me as CEO was Steve always wanted to be CEO. It would have been much more honest if the board had said, “Let’s figure out a way for him to be CEO.”

As I wrote to Dave (in September 1997, after Steve came back to Apple),

The simple fact is that Apple always was Steve’s company, even when he wasn’t there. The force that allowed Apple to survive more than a decade of bad leadership, cluelessness and constant mistakes was the legacy of Steve’s original Art. That legacy was not just an OS that was 10 years ahead of the rest of the world, but a Cause that induced a righteousness of purpose centered around a will to innovate — to perpetuate the original artistic achievements. And in Steve’s absence Apple did some righteous innovation too. Eventually, though, the flywheels lost mass and the engine wore out.

In the end, by when too many of the innovative spirts first animated by Steve had moved on to WebTV and Microsoft, all that remained was that righteousness, and Apple looked and worked like what it was: a church wracked by petty politics and a pointless yet deeply felt spirituality.

Now Steve is back, and gradually renovating his old company. He’ll do it his way, and it will once again express his Art.

These things I can guarantee about whatever Apple makes from this point forward:

  1. It will be original.
  2. It will be innovative.
  3. It will be exclusive.
  4. It will be expensive.
  5. It’s aesthetics will be impeccable.
  6. The influence of developers, even influential developers like you, will be minimal. The influence of customers and users will be held in even higher contempt.

And here we are.

Bonus link.

Nice interview with Dan Levy of Sparksheet:

From Part I:

What opportunities does the widespread adoption of mobile smartphones present for VRM?

This is the limitless sweet spot for VRM.

Humans are mobile animals. We were not built only to sit at desks and type on machines, or even to drive cars. We were built to walk and talk before we did anything else.

This is why mobile devices at their best serve as extensions of ourselves. They enlarge our abilities to deal with the world around us, with each other, and with the organizations we relate to. This especially applies to companies we do business with.

Right now we are at what I call the “too many apps” stage of doing this. Every store, every radio station, every newspaper and magazine wants to build its own app. At this early stage in the history of mobile development we need lots and lots of experimenting and prototyping, so having so many apps (where in lots of cases one would do) is fine.

But as time goes on we’re going to want fewer apps and better ways of dealing with multiple entities. For example, we’ll want one easy way to issue a personal RFP, or to store and selectively share personal data on an as-needed basis.

We won’t want our health data in five different clouds, each with its own app. We may have it in one cloud, for example, much as most of us currently have our money in one bank. But we’ll also need for that data to be portable, and the services substitutable.

From Part II:

I want to ask you about privacy, which is an important part of the VRM discussion. We want businesses to recognize our past interactions and treat us in a personalized way, but we’re also a little creeped out when it happens. So how do you see people using VRM tools to navigate that line in a way that makes us feel safe and well served?

We need our own tools for controlling the way our data and other personal information is used. Some of these tools will be technical. Others will be legal. That means we will have tools for engagement that say right up front how we want our data used and respected. We can do this without changing any laws at all – just the way we engage.

As I said in The Data Bubble, the tide began to turn with the Wall Street Journal article series titled “What They Know,” which is about how companies gather and use data about us. More and more of us are going to be creeped out by assumptions made by marketers about what we might want.

This is also part of what I believe is an advertising bubble. Our tolerance of too much advertising is like the proverbial frog, boiling slowly. The difference is that the frog dies, while we’re going to jump out. Everything has its limits, and we will discover how much advertising we’re willing to suffer, especially as more of it gets too personal.

The holy grail of advertising for many decades has been personalization. If we know enough about a person, the theory goes, we can make perfect bull’s-eye messages for them. But this goal has several problems.

The first problem is that personal advertising is kind of an oxymoron. Advertising has always been something you do for populations, not individuals, even if ads show up in searches by individuals, and advertisers are looking for individual responses.

From the individual’s side, advertising shouldn’t be any more personal than a floor tile. You don’t want the floor tile in a public bathroom to speak into your pants.

In fact, we’ve never liked personalized advertising of the old conventional sort, such as direct mail. We see our name on the envelope and then toss it anyway, most of the time.

The second problem is the belief that it’s actually possible to have perfect information about somebody. It’s not. And where it gets close it gets creepy.

The third problem is that advertising is still guesswork.

We need it, to let lots of customers know what we’ve got. But there should also be more efficient ways for supply and demand to meet and get acquainted – ways in which, for example, individual customers eliminate guesswork by telling vendors exactly what they want. VRM is one answer to that need.

These and other topics will be subjects of a panel I’m on this morning at Slush in Helsinki. Ted Shelton of OpenFirst is moderating.

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I just learned by Craig Smith that KCET, the flagship PBS TV station in Los Angeles, is “going rogue.” Specifically, Craig says, “KCET will be dropping its PBS affiliation at the end of the year. That means if you live in Santa Barbara and want to watch the PBS NewsHour, Tavis Smiley, Charlie Rose, Antiques Roadshow or even Sesame Street, you may be out of luck starting at the beginning of next year.”

KCET is a Los Angeles station that puts no signal at all into Santa Barbara (except though a translator on Gibraltar Peak). But it’s the nearest PBS affiliate and is therefore on the local cable system (Cox), thanks to must-carry rules.

Here’s the LA Times storyHere’s another one. Both rake KCET over the coals. They’re abandoning viewers, paying their general manager too much, yada yada.

As all those pieces point out, KCET isn’t the only source of PBS programming in the LA area. KOCE, licensed to Huntington Beach in Orange County, is another long-time PBS affiliate and promises to at least help pick up the slack. And it’s in a good position to do that. Where KOCE used to radiate from a local site in Orange County, it now also broadcasts from Mt. Wilson, which overlooks Los Angeles and is home to nearly all the area’s TV and FM stations. In fact, KOCE is actually putting out a signal that maxes at one million watts, while KCET is currently at 190,000 watts with a construction permit for 106,000 watts. This means that technically, at least, KOCE is now a bigger station. At 162,000 watts, so isKLCS, another PBS station in Los Angeles.

At least one of those others is sure to show up on cable systems in outlying areas such as Santa Barbara, bringing familiar shows to PBS audiences there. (The bihg question for KOCE is whether it can still be an Orange County station, and not morph into National/Southern California one.)

But the real story here is the death of TV as we knew it, and the birth of whatever follows.

Relatively few people actually watch TV from antennas any more. KCET, KOCE and KLCS are cable stations now. That means they’re just data streams with channel numbers, arriving at flat screens served by cable systems required to carry them.

What makes a TV station local is now content and culture, not transmitter location and power. In fact, a station won’t even need a “channel” or “channels” after the next digital transition is done. That’s the transition from cable to Internet, at the end of which all video will be either a data stream or a file transfer, as with a podcast.

All that keeps cable coherent today is the continuing perception, substantiated only by combination of regulation and set-top box design, that “TV” still exists, and choices there are limited to “channels” and program schedules. All of those are anachronisms. Living fossils. And very doomed.

KCET bailed on PBS because it didn’t want to pay whatever it took to stay affiliated with that program source. This means KCET has some faith — or at least a good idea — that Whatever Comes Next will be good enough for lots of people to watch. If we’re lucky, what’s liberated will also be liberating.

I sure hope so. Dumping PBS was a brave move by KCET. They deserve congratulations for it.

[Later...] Please read John Proffitt’s comment below. He lays out a scenario so likely yet easily denied that it has the ring of prophesy. TV is still TV, and KCET and its competitors are all TV stations. The next digital transition for the likes of KCET will indeed give us more more kinds of Ken Burns. The one that follows will bring us whatever we bring ourselves. Yes, there will still be big heads and long tails, but the game won’t be a closed one, or assume a sphinctered distribution system (which TV still is—and will still be if everything still has to run through regulated BigCos). More in my own responses and others that follow in the comments.

For bonus links, check out what KETC (not a typo and no relation), the landmark PBS station in St. Louis has been up to lately. There is lots of co-thinking out loud, including this stuff, facilitated by Robert Paterson

(For some reason the text here keeps reverting to an earlier version, then back to a later one, each time I edit it. Very strange. In fact, I just discovered that half this post disappeared somehow. I just restored it from Google search cache. I hope.)

Loose Links

So here are a bunch of tabs I just cleared off my browsers:

I’d rather find them here than in a bookmark folder I’ll never look at again.

You could build a shallow history of computing by looking only at which company looked like it was taking over the world at any given moment. First there was IBM, then Microsoft, then Google, and now there’s Facebook. None of them ever did take over the world, and no one company ever will.

It was with that perspective in mind that I wrote Waving Goodbye to Facebook in the August issue of Linux Journal, which is now on the Web. The pull-grafs:

Responding in his own Newsweek blog, Barrett Sheridan called Zuckerberg’s plans a “Play to Take Over the Entire Internet“. In TechCrunch, MG Siegler’s headline read, “I Think Facebook Just Seized Control Of The Internet“. Whether or not Facebook is that ambitious, it won’t succeed at anything other than enlarging itself. The limits to that are those of any private architecture. It can get big, but not bigger than the planet. What Facebook has built is The Great Indoors. A lot of people like going there, just like a lot of people like going to shopping malls. But Facebook is a building, not geology.

The Web is geology. It is a wide open public space on which private and public structures can be built in boundless variety. Linux is probably the most widely used building material below and within those structures. Calculating its value is pointless, because — as Eric S. Raymond made clear long ago — Linux has use value more than sale value. As useful stuff, its leverage is boundless and therefore incalculable. It will also last as long as it remains useful.

The same cannot be said of Facebook, whose value is quite calculable, and which will thrive only as long as its revenue model and its investors’ patience holds out. Both of those will be shortened by the dissatisfaction of users, which Facebook has been risking increasingly over the years.

Of course, Facebook has little choice in that matter. To rephrase The Social Network‘s poster copy, you can’t make a billion friends without making a few million enemies. And, of course, following Facebook right now is kinda necessary. A few links I just moved here from tabs on my browser:

But then there is this, by Paul Boutin in the New York Times‘ Gadgetwise blog: Facebook Now Lets You Take Your Data With You. Thanks, Mark.

Went to see The Social Network last night, and thought it was terrific. Even though most of the scenes set at Harvard and Silicon Valley were shot elsewhere, the versimilitude was high. And,while it was strange to see the recent past treated as history, the story actually works, and carries truth, even if it doesn’t ring true for the living subjects of the story. (I’ve haven’t met any of the movie’s characters, but I thought Justin Timberlake’s portrayal of the Sean Parker character was drawn straight from Jason Calacanis.)

The story that matters, at least to me, is about the making of a Silicon Valley success. In The Business-Movie Business, The New Yorker‘s James Surowiecki unpacks Hollywood’s small and mostly poor assortment of movies about business. His summary statement is “Movies’ mistrust of capitalism is almost as old as the medium itself.” Here’s how he puts “The Social Network” in that context:

Watching “Wall Street,” you’d think that business is a Hollywood obsession. But it’s really Hollywood’s biggest blind spot.

For that reason, the fall’s most important business film—indeed, the most important business film in ages—is not the second “Wall Street” but, rather, “The Social Network,” David Fincher’s film about Facebook. The film represents a rare attempt to take business seriously, and to interrogate the blend of insight, ruthlessness, creativity, and hubris required to start a successful company. Hollywood has made good films about money, loyalty, trust, and organization before—but most of them have been about gangsters. “The Social Network” suggests that it could also start making good films about businesspeople who don’t carry guns.

Henry Blodget’s blog post title sums up his own take: No Wonder Everyone Loves The Facebook Movie: It’s The American Dream. He begins,

True, it paints Harvard as a stuffy cartoon-scape. True, it treats women as as video-game props, sex tools, and platforms for coke-snorting. And, true, Mark Zuckerberg’s character comes off as a bit of an asshole. (But based on the other evidence I’ve seen, this would seem to be a fair representation of the reality at the time. And, thanks to Aaron Sorkin’s writing and Jesse Eisenberg’s delivery, even the assholishness is charming.)

But all this is secondary to the main message of the movie, which is a celebration of what makes a vibrant corner of our economy–and our country–great.

What’s the Facebook movie really about?

It’s about a college sophomore who says “fuck you” to authority, follows his passion, and creates something great. In so doing, he works ridiculously hard, inspires his colleagues, blows past the comfortable establishment, and becomes rich beyond belief.

In other words, the Facebook movie is the latest incarnation of the American Dream.

Ah, but we wake up from our dreams. And Hollywood knows how to make that movie too.

Mark Zuckerberg is clearly an extremely bright and prescient dude, and Facebook could hardly be a bigger success story. But that story isn’t over. In fact, it’s just begun.

(An aside… Both The New Yorker and BusinessInsider, from which I lifted the quotes above, do something I hate. They give me more than I intend to copy, putting on my clipboard a “Read more” and the URL of the piece. So, when I paste the passage, I get bonus jive. Sometimes this is handy, but it smacks of pure promotion, and its annoying.)

Here’s some what I’m looking for right now. Any help is welcome.

Topic 1: Advertising

  1. Size of the advertising industry, both in the U.S. and worldwide.
  2. Sums of advertising of various types to which individuals are exposed every day.
  3. Breakouts and growth rates of advertising sectors. Online and mobile especially.
  4. Weaknesses and/or declines in advertising sectors.
  5. Hard numbers on click-through rates on various advertising types, and ratios to impressions. Trends as well.
  6. Successes and failures of coupons and other forms of promotion.
  7. Overhead in the production of advertising. (Paper, electricity, server cycles, etc.)
  8. Size of the whole marketing category, including salaries for marketers.

Topic 2: History

  1. Need amounts invested, through the dot-com era (1996-2000), in start-ups. Especially interested in break-outs by business models of those funded. Regional break-outs would be good too.
  2. Success rates of investments. I want more than stock and sale prices for the companies. If possible, I want totaled revenues for those companies, by sector if possible.

There’s more, but that’s enough for now. Thanks.

So , the Chatanooga power (and now high speed Internet) utility, is now offering Internet speeds up up to 1Gbps over fiber optic connections to homes. (A U.S. record, far as I know.) If you ignore EPB “triple play” offerings of TV and telephony alongside Internet connectivity and just go for the Internet connection, your prices are these (I’ve rounded up from the posted prices):

  • $58 for 30Mbps
  • $70 for 50Mbps
  • $140 for 100Mbps and $350 for 1Gbps.

Let’s assume you get one or more IP addresses with this, and no blocked ports. In other words, a full native Internet connection. Answer these:

  • Does that make you think about moving there?
  • If not, would you get it if you lived in Chatanooga?
  • And if your answer to that is yes, how would you recommend EPB improve its offering, either in its deployment or its characterization in marketing?

Just wondering.

The Web is not television, and I would like online advertisers and publications to stop treating the Web like it is. Interruptive ads such as this one at Salon…

… are meant to get 100% click-through rates, I suppose. But in too many cases — namely mine, repeatedly — they get 100% of multiple clicks that fail to go through. I don’t know why clicking on the X next to “Close and enter Salon” doesn’t work for me (on three different browsers), but it doesn’t, and that causes me to be very annoyed, mostly at Salon.

I got to that blanked-out Salon page by following this Jay Rosen tweet. Earlier today I ran across the same thing when I followed this Phil Windley tweet to this page at Freeman. There I was greeted with the same kind of interruption, this time a self-promo for the pub’s email newsletter. Clicking on that X got me through, but I didn’t like having to do that, and frankly don’t remember what I read, because I arrived annoyed. (And I’m new to that pub, which makes the interruption even more rude.)

Here’s what I believe: It doesn’t matter how much money interruptive ads make for publications on the Web. They sap the readers’ tolerance and good will, and any unnecessary amount of that is too high a price to pay. (Videos? Okay, we’re used to that on TV. But serious text-based pubs like Salon and Freeman should chill.)

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Back on July 31 I posted The Data Bubble in response to the first of The Wall Street Journal‘s landmark series of articles and Web postings on the topic of unwelcome (and, to their targets, mostly unknown) user tracking.

A couple days ago I began to get concerned about how much time had passed since the last posting, on August 12. So I tweeted, Hey @whattheyknow, is your Wall Street Journal series done? If not, when are we going to see more entries? Last I saw was >1 month ago.

Then yesterday @WhatTheyKnow tweeted back, @dsearls: Ask and ye shall receive: http://on.wsj.com/9DTpdP. Nice!

The piece is titled On the Web, Children Face Intensive Tracking, by Steve Stecklow, and it’s a good one indeed. To start,

The Journal examined 50 sites popular with U.S. teens and children to see what tracking tools they installed on a test computer. As a group, the sites placed 4,123 “cookies,” “beacons” and other pieces of tracking technology. That is 30% more than were found in an analysis of the 50 most popular U.S. sites overall, which are generally aimed at adults.

The most prolific site: Snazzyspace.com, which helps teens customize their social-networking pages, installed 248 tracking tools. Its operator described the site as a “hobby” and said the tracking tools come from advertisers.

Should we call cookies for kids “candy”? Hey, why not?

Once again we see the beginning of the end of fettered user tracking. Such as right here:

Many kids’ sites are heavily dependent on advertising, which likely explains the presence of so many tracking tools. Research has shown children influence hundreds of billions of dollars in annual family purchases.

Google Inc. placed the most tracking files overall on the 50 sites examined. A Google spokesman said “a small proportion” of the files may be used to determine computer users’ interests. He also said Google doesn’t include “topics solely of interest to children” in its profiles.

Still, Google’s Ads Preferences page displays what Google has determined about web users’ interests. There, Google accurately identified a dozen pastimes of 10-year-old Jenna Maas—including pets, photography, “virtual worlds” and “online goodies” such as little animated graphics to decorate a website.

“It is a real eye opener,” said Jenna’s mother, Kate Maas, a schoolteacher in Charleston, S.C., viewing that data.

Jenna, now in fifth grade, said: “I don’t like everyone knowing what I’m doing and stuff.”

A Google spokesman said its preference lists are “based on anonymous browser activity. We don’t know if it’s one user or four using a particular browser, or who those users are.” He said users can adjust the privacy settings on their browser or use the Ads Preferences page to limit data collection.

I went and checked my own Ads Preferences page (http://www.google.com/ads/preferences) and found that I had opted out of Google’s interest-based advertising sometime in the past. I barely remember doing that, but I’m not surprised I did. On the whole I think most people would opt to turn that kind of stuff off, just to get a small measure of shelter amidst the advertising blizzard that the commercial Web has become.

Finding Google’s opt-out control box without a flashlight, however, is a bit of a chore. Worse, Google is just one company. The average user has to deal with dozens or hundreds of other (forgive me) cookie monsters, each with its own opt-out/in control boxes (or lack of them). And I suspect that most of those others are far less disclosing about their practices (and respectful of users) than Google is.

(But I have no research to back that up—yet. If anybody does, please let me have it. There’s a whole chapter in a book I’m writing that’s all about this kind of stuff.)

Meanwhile, says the Journal,

Parents hoping to let their kids use the Internet, while protecting them from snooping, are in a bind. That’s because many sites put the onus on visitors to figure out how data companies use the information they collect.

Exactly. And what are we to do? Depend on the site owners and their partners? Not in the absence of help, that’s for sure. The Journal again:

Gaiaonline.com—where teens hang out together in a virtual world—says in its privacy policy that it “cannot control the activities” of other companies that install tracking files on its users’ computers. It suggests that users consult the privacy policies of 11 different companies.

In a statement, gaiaonline.com said, “It is standard industry practice that advertisers and ad networks are bound by their own privacy policy, which is why we recommend that our users review those.” The Journal’s examination found that gaiaonline.com installed 131 tracking files from third parties, such as ad networks.

An executive at a company that installed several of those 131 files, eXelate Media Ltd., said in an email that his firm wasn’t collecting or selling teen-related data. “We currently are not specifically capturing or promoting any ‘teen’ oriented segments for marketing purposes,” wrote Mark S. Zagorski, eXelate’s chief revenue officer.

But the Journal found that eXelate was offering data for sale on 5.9 million people it described as “Age: 13-17.” In a later interview, Mr. Zagorski confirmed eXelate was selling teen data. He said it was a small part of its business and didn’t include personal details such as names.

BlueKai Inc., which auctions data on Internet users, also said it wasn’t offering for sale data on minors. “We are not selling data on kids,” chief executive Omar Tawakol wrote in an email. “Let there be no doubt on what we do.”

However, another data-collecting company, Lotame Solutions Inc., told the Journal that it was selling what it labeled “teeny bopper” data on kids age 13 to 19 via BlueKai’s auctions. “If you log into BlueKai, you’ll see ‘teeny boppers’ available for sale,” said Eric L. Porres, Lotame’s chief marketing officer.

Mr. Tawakol of BlueKai later confirmed the “teeny bopper” data had been for sale on BlueKai’s exchange but no one had ever bought it. He said as a result of the Journal’s inquiries, BlueKai had removed it.

The FTC is reviewing the only federal law that limits data collection about kids, the Children’s Online Privacy Protection Act, or Coppa. That law requires sites aimed at children under 13 to obtain parental permission before collecting, using or disclosing a child’s “personal information” such as name, home or email address, and phone and Social Security number. The law also applies to general-audience sites that knowingly collect personal information from kids.

So we have pots and kettles calling each other black while copping out of responsibility in any case—and then, naturally, turning toward government for help.

My own advice: let’s not be so fast with that. Let’s continue to expose bad practices, but let’s also fix the problem on the users’ end. Because what we really need here are tools by which individuals (including parents) can issue their own global preferences, their own terms of engagement,  their own controls, and their own ends of relationships with companies that serve them.

These tools need to be be based on open standards, code and protocols, and independent of any seller. Where they require trusted intermediaries, those parties should be substitutable, so individuals are not locked in again.

And guess what? We’re working on those. Here’s what I wrote last month in Cooperation vs. Coercion:

What we need now is for vendors to discover that free customers are more valuable than captive ones. For that we need to equip customers with better ways to enjoy and express their freedom, including ways of engaging that work consistently for many vendors, rather than in as many different ways ways as there are vendors — which is the “system” (that isn’t) we have now.

There are lots of VRM development efforts working on both the customer and vendor sides of this challenge. In this post I want to draw attention to the symbols that represent those two sides, which we call r-buttons, two of which appear [in the example below]. Yours is the left one. The vendor’s is the right one. They face each other like magnets, and are open on the facing ends.

These are designed to support what Steve Gillmor calls gestures, which he started talking about back in 2005 or so. I paid some respect to gestures (though I didn’t yet understand what he meant) in The Intention Economy, a piece I wrote for Linux Journal in 2006. (That same title is also the one for book I’m writing for Harvard Business Press. The subtitle is What happens when customers get real power.) On the sell side, in a browser environment, the vendor puts some RDFa in its HTML that says “We welcome free customers.” That can mean many things, but the most important is this: Free customers bring their own means of engagement. It also means they bring their own terms of engagement.

Being open to free customers doesn’t mean that a vendor has to accept the customer’s terms. It does mean that the vendor doesn’t believe it has to provide all those terms itself, through the currently defaulted contracts of adhesion that most of us click “accept” for, almost daily. We have those because from the dawn of e-commerce sellers have assumed that they alone have full responsibility for relationships with customers. Maybe now that dawn has passed, we can get some daylight on other ways of getting along in a free and open marketplace.

The gesture shown here —

— is the vendor (in this case the public radio station KQED, which I’m just using as an example here) expressing openness to the user, through that RDFa code in its HTML. Without that code, the right-side r-button would be gray. The red color on the left side shows that the user has his or her own code for engagement, ready to go. (I unpack some of this stuff here.)

Putting in that RDFa would be trivial for a CRM system. Or even for a CMS (content management system). Next step: (I have Craig Burton leading me on this… he’s on the phone with me right now…) RESTful APIs for customer data. Check slide 69 here. Also slides 98 and 99. And 122, 124, 133 and 153.

If I’m not mistaken, a little bit of RDFa can populate a pop-down menu on the site’s side that might look like this:

All the lower stuff is typical “here are our social links” jive. The important new one is that item at the top. It’s the new place for “legal” (the symbol is one side of a “scale of justice”) but it doesn’t say “these are our non-negotiable terms of service (or privacy policies, or other contracts of adhesion). Just by appearing there it says “We’re open to what you bring to the table. Click here to see how.” This in turn opens the door to a whole new way for buyers and sellers to relate: one that doesn’t need to start with the buyer (or the user) just “accepting” terms he or she doesn’t bother to read because they give all advantages to the seller and are not negotiable. Instead it is an open door like one in a store. Much can be implicit, casual and free of obligation. No new law is required here. Just new practice. This worked for Creative Commons (which neither offered nor required new copyright law), and it can work for r-commerce (a term I just made up). As with Creative Commons, what happens behind that symbol can be machine, lawyer or human-readable. You don’t have to click on it. If your policy as a buyer is that you don’t want to to be tracked by advertisers, you can specify that, and the site can hear and respond to it. The system is, as Renee Lloyd puts it, the difference between a handcuff and a handshake.

Giving customers means for showing up in the marketplace with their own terms of engagement is a core job right now for VRM. Being ready to deal with customers who bring their own terms is equally important for CRM. What I wrote here goes into some of the progress being made for both. Much more is going on as well. (I’m writing about this stuff because these are the development projects I’m involved with personally. There are many others.)

You can check out some of those others here.

Bonus link: Tracking the Companies that Track You Online. That’s a Fresh Air interview by Dave Davies of Julia Anguin, senior technology editor of The Wall Street Journal and the lead reporter on the What They Know series.

Ten years ago this month, on the morning after I gave this speech in Lucerne, my wife and I were walking through the restaurant at our hotel across the lake when a friendly American gentleman having breakfast buttonholed me to say he liked what I said in my talk. I thanked him and asked if he’d be at the conference again that day. He said yes, and that it would be nice to talk later.

Turns out he was the first speaker that morning. His name was , and he was the CEO of Wal-Mart. Later at lunch, which consisted of boxed food you could take out to tables by the lake, he came over to the table where my wife and I were sitting and asked if he could join us. I said sure, and we got to talking. One of the questions I asked him was why K-Mart had failed while Wal-Mart succeeded. He compressed his reply to one word: coupons. K-Mart had hooked its customers on coupons and couldn’t get them un-hooked. This tended to produce too many of the wrong kinds of customers, buying for the wrong reasons. Way too much of K-Mart’s overhead went into printing what was in essence a kind of currency — one that reduced the value of both the merchandise and the motives for buying it. By contrast Wal-Mart kept to old Sam Walton’s original guidelines, which minimized advertising and promotion, and simply promising “everyday low prices.” This saved money and helped build loyalty.

Lee’s lesson comes to mind when I read  at the . It’s too hard to compress the story, so here it is:

There’s a fascinating essay on Facebook just now from the owner of the lovely , about how Groupon nearly bankrupted her business.

The coffeeshop proprietor, Jessie Burke, was shocked at how much money the daily deals site charged to run the promotion. Groupon sold consumers a $13 Posie’s credit for $6, and then sought to keep the entire $6. Eventually, Posie’s and Groupon agreed on a 50% cut: Groupon would get $3 and Posie’s would get $3. Groupon’s $3 was almost pure profit,  but the cafe had to use its remaining $3 to cover the costs of $13 worth of cookies and coffee.

Is it any surprise the promotion was a smash? Over 1,000 customers used the promotion, but the cost imposed by those customers resulted in disastrous losses:

After three months of Groupons coming through the door, I started to see the results really hurting us financially. There came a time when we literally couldn’t not make payroll because at that point in time we had lost nearly $8,000 with our Groupon campaign. We literally had to take $8,000 out of our personal savings to cover payroll and rent that month. It was sickening, especially after our sales had been rising.

The losses would have been worthwhile if the Groupon customers had become loyal, profitable patrons but many only cared about a discount, not about what made the cafe special:

Over the six months that the Groupon is valid, we met many, many wonderful new customers, and were so happy to have them join the Posies family. At the same time we met many, many terrible Groupon customers… customers that didn’t follow the Groupon rules and used multiple Groupons for single transactions, and argued with you about it with disgusted looks on their faces or who tipped based on what they owed.

And here is Jessie Burke’s original post on the matter, at Posie’s blog.

To be fair, the bad customers were neither “Groupons” (as Jessie calls them) nor “Groupon customers” (since they didn’t buy anything from Groupon — in fact Posie’s was the real Groupon customer). They were coupon shoppers. Promotion hunters. Nothing wrong with that, of course. Most of us play that role some of the time. The problem for Posie’s is one of the oldest in retailing: promotions are good for causing traffic, but lousy for causing loyalty. And making constant promotion part of your business changes your business, literally by cheapening it.

What’s clear about Posie’s is that it’s a business built on human contact, on conversation and relationship. Not just on transactions — and least of all on discounted ones.

Relationship is personal. Even at the biggest companies, success and failure ride on personal behavior, and personal connections. “Trust breaks down first over money,” David Hodskins (my business partner of many years and a very wise dude) observes. Throwing coupons into a personal relationships, especially business ones, is a recipe for trouble.

Since the dawn of the Industrial Age, businesses large and small have also looked at individual relationships with customers as a kind of cost — one that can be reduced or eliminated, often by avoiding or de-humanizing conversations with customers. Promotions like Posie’s with Groupon are just one example of how cheapening gimmicks can actually damage a business that depends on personal relationships between a company’s people and its customers. There are many more examples, especially at larger companies, which too often turn customer support conversations into reverse : making humans sound like machines.

Making relationships work has always been both the foundation and the frontier of business. Ideally, technology should help relationships. And to some degree it does. Telephony and other “social” technologies certainly do help us stay in touch. But there are many other technologies, and uses — including some in the “social” space — that prevent or pervert relationships.

Earlier today, when I went looking for Bermuda tweeters, I went down the list of nearly (and now more than) 500 followers of @BDASun (the Bermuda Sun newspaper). A large percentage of followers are just there to promote something. On a day like today, when a hurricane is bearing down on that tiny country, you can tell the wheat from the chaff. The wheat is dealing with the hurricane (or stays quietly hunkered down). The chaff just promotes.

This has me wondering how much of “social media” today is devoted to being social in the old-fashioned literal sense, and how much is about marketing and promotion. Because I think there is a huge split between the two: a split as sharp as the one between Posie’s good and bad customers.

Just ran across my first regular column for . It was published in in June, 1999, and written three months earlier, about when went up. Here’s a passage that stands out:

We’re still less than halfway through the shift from personal to social computing. Most households do not have PCs, and most that do are not connected to the Net. According to design critic and user advocate Don Norman, the two basic reasons for this are: computers are too complicated for many people, and the Net still lacks a plug-and-run infrastructure. He lays out a short-form prognosis in the title of his latest book, The Invisible Computer: Why Good Products Can Fail, the Personal Computer Is So Complex, and Information Appliances Are the Solution.

People are social. Telephony is equally social, because it lets people converse over simple appliances (incomprehensible cell phones and PBXes notwithstanding). Computing is social too, but only for a minority. There is still no computing appliance that’s as social as the telephone. Will Linux deliver it?

I suggest that the first social computing appliance—let’s call it the first SC—will cost less than $400, look friendlier than an iMac, get on the Internet with the ease of a phone call, and produce Microsoft Office-compatible files for those who want to use simple productivity applications.

Not great prophesy, but … interesting, anyway.

‘s @WhatTheyKnow tweet stream is still going strong, but we haven’t seen anything new in the series since Google Agonizes on Privacy as Ad World Vaults Ahead, on August 10. That was “fifth in a series” that had many more than five items in it. Dunno whassup with that, but my favorite follow-ups so far are from Don Marti, whose two posts on the matter are Framing discussions of web privacy and Privacy tweaks for browsers? Both put the onus on the user, rather than the websites.

Interesting angle. Go dig it.

Howard Stern‘s contract with Sirius XM is up at the end of the year, and it was good to hear on the show this week that the full retirement option is off the table. That was one of five options Howard said he was considering. Says the Stern site (on a wrapup of Thursday’s show),

Howard said he had a ’5 point plan’ for the show after his Sirius XM contract expires in December: “I know what the future is.” Howard explained: “One of the points is if we decide to stay here…again, if we decide to stay here.” The other 4 points are the other 4 options–one of which (retirement) has already been taken off the table, but until then: “For four months I’m a company man.”

Before I go into my own prediction, I want to give props to Rob Eshman’s Serious Stern blog, in particular to Ten Reasons Howard Stern’s Retirement Will Hurt the World. Here’s the one I’ll focus on:

9. There will be no one else to save satellite radio.

Unless they find the Moshiach and give him a channel, shalom Sirius.  And I say that as someone who like a friggin’ genius bought stock at—I don’t want to say what I bought it at.  I hope Mel Karmazin will figure out a way to transform the company, but under the current model, it really needs a big personality.  No one has an audience as loyal as Howard’s. Done. Period.

Earlier this week, Howard recalled and compared his meetings with XM and Sirius back when both were courting him. These meetings went down while the curtain slowly closed on Howard’s long tenure in terrestrial radio. XM bragged about having more subscribers, having more repeaters on the ground, yada yada, while Sirius asked him what it would take, and then took it. Once on Sirius, Howard rocketed the company past XM in the satellite radio marketplace, and Sirius eventually bought XM. To sum it up, Howard was the star satellite radio needed to establish itself as a medium.

Now Internet radio needs the same thing. It’s time for Howard to make his move. But it doesn’t have to be entirely away from Sirius XM. The two can be bridged. In fact, they need to be — at least for Sirius XM to survive in the long run.

Right now nearly everything you can get on Sirius XM you can get on the Internet, or on what’s left of terrestrial radio, most of which is also on the Net as well. Stations identify with “WFFF and WFFF.com,” the way they used to say “WFFF AM and FM.”  True, “tuning” on the Net is mostly a chore, but the stuff is there, in far more abundance than on Sirius XM’s channels. That company’s stock is under a dollar, and the market’s faith is not positive. But then, Wall Street doesn’t have a clue about Howard. Or it has the wrong clues. For example, finance blogger Relmor Demitrius considers Howard’s importance, and comes to this:

Conclusion. OEM sales exposed the product to many consumers.  They like XM just as much as they like Sirius, but some (less than 5%) are willing to pay for access to Howard, and probably only half of those 5% only for Howard.  Those that have XM haven’t made significant efforts to move over to Sirius, or cancel XM when their free trial ran out, and install a Sirius exclusive radio.  I believe by the facts presented here that Howard is well worth his salary and should be paid accordingly, as well as offering him on smart phone applications and any overseas content offerings.  But is he the end all savior of satellite radio?  Absolutely not.  Satellite radio would be here with or without him.  Company is stronger with him, but would survive just fine without him.  In fact, the cost difference is so minimal, it would be in tune to having a bad year, or a storm hitting your oil well that month.  A small hiccup that would easily be erased with time due to the overwhelming popularity of the product itself and the now vast options of content offered by both companies.  The revenue generated and saving of the 100 million of his contract would simply give reason to spend it elsewhere, and sign other talent to compensate.  Like any company that losses an asset and has to repurchase another one.  Howard’s popularity is no longer so huge that him leaving the platform would harm it in any way medium or long term.  The facts are quite clear on this.  Sirius XM added more than 1 million customers this year alone.  That would offset losing Howard Stern right there.  Their growth would probably cover any cancellations and they wouldn’t miss a beat.  The company that hired Stern 5 years ago is vastly different in 2010.

This is all framed inside satellite radio, which is floundering. What it misses is what will happen when Howard moves to the Net with his own subscription service. Howard will make Internet radio matter, just like he made satellite radio matter. He won’t do it alone, but it will happen a whole lot faster because he’s there.

Right now most Internet radio is free. And that’s fine. In fact, it’s good, and important. But not all radio will be free, just like not all television is free, and not all newspapers and magazines are free. Some broadcasting, like public radio and television, you can pay for voluntarily. But that won’t work for Howard. He’ll want to charge for the goods, and he’ll want to legitimize the business model, just like he did with satellite radio. Count on it.

Stop for a moment and go read The Web is Dead. Long Live the Internet. in Wired. It’s this month’s cover story. The bottom line is this: Internet usage through apps and subscriptions is going up, fast. We’re listening to radio through smartphones, iPads, laptops and other new devices. With the spread of Wi-Fi, 3G, 4G and other wireless connections, we will no longer be tethered to our houses or cars. We will move toward what Bob Frankston calls ambient connectivity. How we get there is less important than the bait that pulls us in that direction. Howard is great bait. That’s why he’ll go there. He fixed satellite radio. Internet radio is next.

What I hope is that he’ll do it independently, and not just through one of the carriers (say, Verizon, AT&T or Comcast). We should be able to download a Howard app for our Android, Symbian, or iOS (Apple iPhone or iPad) device and listen any way we like, anywhere we like. And pay a monthly fee for it.

Now here’s the opportunity for Sirius XM: we should be able to get Howard there too. That’s not just because it’s a good distribution deal, but because the fate of satellite radio is to serve as a repeater for Internet radio. Everything is being absorbed into the Net, including satellite radio. I’m sure Howard knows that. In fact, I’d be amazed if he doesn’t.

So far Sirius XM has done an awful job of embracing the Net. Getting Howard (or any Sirius XM channel) on a browser requires a zillion clicks and an authentication routine that makes going through customs and passport control look simple. The Sirius app for the iPhone is also useless (at least for me and countless others) without Howard (who has never been on it, and it’s never been clear why), and isn’t that great in any case.

But it can be done well. The integration of Internet, satellite — and even terrestrial radio — should be as seamless as possible. If Howard and his new partners get the right techies to help, they can kick ass. In fact, I’m betting that they’ll do exactly that.

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Ten years ago this month, I gave the opening keynote for the International Retail Conference of the Gottlieb Duttweiler Instutut, in Lucerne, Switzerland. The venue was the amazing Culture and Congress Centre, which had opened just two years earlier. Designed by the architect Jean Nouvel and esteemed for its acoustics, it was the most flattering jewell box into which the stone of my rough self has ever been placed as a speaker. My warm up act was a symphony orchestra. While they played I whispered to my wife, “Not one of those musicians has played a wrong note in years. How many seconds will pass before I flub a line?”

Less than ten, it turned out. But somehow that relaxed me, and the rest of the talk went without a hitch, even though many in the audience were wearing headphones, so they could hear me translated to another language, and their reactions (some nodding, some laughing, some shaking their heads) came several seconds after I said whatever it was they were reacting to. It was weird.

I had mostly forgotten the talk, and wasn’t even sure I had put it up online anywhere. But in fact I had, right here.  Since that’s inside a site that’s not indexed by search engines (my choice, so far back that I’ve only recently re-discovered that fact, explaining why nothing there ever shows up), and I don’t plan on fixing it soon (I’ve got other stuff there I really would rather not get indexed), I’ve decided to post the whole thing here in the blog. As one might expect, it was right about some things, wrong about others, set in a context that has long since changed, addressed to an audience that has mostly moved on, and with arcana that may in some cases no longer make sense. Yet I think it still says some worthwhile things that invite probing and discussion. So here goes:

Why Markets Will Once Again Consist of People
(and why this is good news for Retailing)

This speech was given on the Gala Evening/50th Anniversary Celebration of the Gottlieb Dutteiler Institute, in the Kultur- und Kongresszentrum Luzern – Konzertsaal, Lucerne, Switzerland.

The subheads were put there mostly to make it easy for me to keep my extemporizing close to the text, and to make live translation a little bit easier.

25 September, 2000

By Doc Searls


Opening

People ask me why The Cluetrain Manifesto has 95 Theses. The reason is that Martin Luther did our market testing for us. It seemed to work for him, so we figured it would work for us.

But lately I’ve been wondering why he chose 95. I think the answer is that he was really a retailer at heart.

I figure he had 100 theses, but then decided more people would buy it if he knocked off 5 theses and offered 95 as a discount. It was kind of a sale price. Worked pretty well.

The priest

Speaking of priests, I have a friend, an Irish priest who for many years did missionary work in East Africa. After he read The Cluetrain Manifesto, he called me up and said “I love your book. Especially that first thesis: markets are conversations. It’s brilliant.”

I was the original author of that thesis, so this was fun to hear. But the brilliance he praised was his, not mine.

Village market story

This became clear when he told me the story of a visiting friend he once took to a traditional African village market. His friend wanted to buy a rug displayed in one of the merchant’s stalls. With the priest serving as an interpreter, the customer asked for the price. When merchant responded, the customer said, “That’s too much,” and began to walk away.

The priest then explained to his friend that he had insulted the merchant. So they turned around and went back. The customer then indicated that he wanted to go ahead and buy the rug for the stated price. Now the merchant became upset.

The priest now told to his friend that he had insulted the merchant twice – first by refusing to discuss the value of the rug, and second by offering to pay full price. The customer was completely confused. Clearly he didn’t know how to buy a rug in this town.

Then the priest said to his friend, “What do you think the rug is worth?” The friend responded with a number, and a conversation between the three parties followed.

After a while the customer arrived at both an education about the rug and a price everybody agreed was fair.

The point: markets really are conversations

Now this, the priest told me, is an example of how markets really are conversations. In traditional markets like this one, the only way for a seller and a buyer to discover the true value of the seller’s goods is together – by talking about them and coming to an agreement.

In other words, all value is discovered inside a conversation.

This is why the idea of a fixed price set by a merchant is as silly as talking to oneself. It makes no sense. In traditional markets like this one, conversation starts with the merchant’s asking price. It doesn’t end there.

Tech exec conversation

A few days later I shared this story with a group of government technology executives. After my talk, one guy came up to me and offered another insight. He said that here in the industrial world we do negotiate prices, but only for the most expensive goods and services, such as automobiles, houses and large service contracts.

Then he added another observation. We can only negotiate when there’s a balance of power between supply and demand – when neither side has enough advantage to name the price and end the conversation.

We don’t have that situation in mass markets, including the retail world that is familiar to all of us. In that environment, the supply side has been in control for a very long time.

Learning more about prices

So I began to wonder: when did the idea of fixed prices, set by the supply side, take root and became standard?

Sure enough, in another conversation, I learned that the price tag was invented in the late 1800s in Philadelphia. The inventor was John Wanamaker, the man who opened the first department store in the U.S.

History of retailing

This increased my interest in the history of retailing. Since then I have learned that department stores were pioneers in the use of all kinds of technologies, including –

  • telegraph
  • electric lights
  • telephones
  • radio

Retailing was also the first industry to provide employee benefits, such as health care and paid vacation time.

It was also the first industry to take orders by telephone and to offer customer refunds.

In fact, the whole concept of “customer service” comes from the retailing industry.

Adding value to the conversation idea

You see, what’s happening here – for me, and for all these people I talked to – is that we all added meaning to this one idea – that markets are conversations.

What is it about this idea that attracts so much interest? Why does it make people think about the deeper ways that markets really work?

Finding the answers is a discovery process – something that we do together, as I’ve just shown.

I want to continue that process here, tonight.

The four clues

To start, I will share four insights – let’s call them clues – that have come out of conversations we’ve had since The Cluetrain Manifesto came out in January. I choose these because I think each is especially relevant to retailing.

The first clue is that metaphors matter. If conversation is the best metaphor for markets, what’s wrong with the other ones, and why?

The second clue is that the companies we least expected to get our clues are the ones that seem to be doing the most with them. This is a very relevant surprise.

The third clue is that the Internet, like a real market, is a place, not just a medium.

The fourth clue is that there really is not a new economy. Instead there is a new dynamic in the investment economy, where a river of money flowing from venture capitalists into new companies. This is extremely distracting, and I’ll tell you why.

Finally I will talk about how all four of these clues bring us to the subject of this speech: that markets consist of people – and why this is good news for retailing.

Language warning

A brief warning. I am going to be talking about language here. Unfortunately, I am fluent only in English.

  • Ich habe drei Jahren auf Deutch im Shule lehrt, aber… I took two of them twice – and I gave them all back when I was done.
  • I have worked in France, but not long enough to learn any more French than it takes to apologize for mangling that beautiful language. Pardon moi pour vous derenger. Je nes comprend pas le Francais.
  • I also know a tiny bit of Spanish – though far less than my own three-year-old son.

So forgive my lack of multilingual skills.

I trust that what I tell you will still be relevant, not because technology is forcing far too much English into better languages, but because all expression arises from unconscious sources. And those sources are what I’m here to talk about.

Clue #1

My first clue is that metaphors matter.

In English we have an expression: “in terms of.” In fact, we are always speaking in terms of one metaphor or another. Metaphors supply the words we use when we talk about a subject. When we speak in terms of a metaphor, we bring in a box of words from that metaphor, and speak in terms we find in that box.

To demonstrate what I mean, I’ll start by asking a question about life. When we talk about life, what metaphor do we talk in terms of? In other words, what box of words do we use when we talk about life? Again, the answer is not obvious, because it’s almost totally unconscious.

In a word, the answer is travel. When we think and speak about life, we are inside a big box of travel words.

Birth is arrival. Death is departure. Choices are crossroads. Goals are horizons. Careers are paths. Ambitious people move ahead, or move into the fast lane. Lazy people fall behind. Confused people get lost in the woods. Drunkards fall off the wagon. Saintly people follow the straight and narrow path. Sinners stray.

The travel metaphor – this concept that life is a journey –is so deep, so common, so unconscious and so powerful that we almost never think about it. Yet it is nearly impossible to speak about life without using our handy box of travel words.

One more example. Let’s look at the main metaphor for time, which is money. We budget, spend, waste, lose, gain and invest time. We literally think of time in terms of money.

Metaphors for business

Now: let’s look at business. What’s our favorite metaphor for business? What do we think about business in terms of?

There’s war, of course. And sports. We speak of other companies in our business as competitors. We battle them for territory that we try to penetrate, defend, capture, dominate or control. But war and sports are obvious metaphors – we are conscious of them. What’s the biggest unconscious metaphor for business?

In a word, shipping. We often think and speak about business in shipping terms. We call our goods content that we package and move through a distribution system that we also call a channel.

We often talk about delivering products and services that we address to consumers or end users. Both those consumers and end users are positioned at the far ends of the shipping system we call business.

Marketing also uses shipping language when it talks about addressing, sending and delivering messages through media which are also conceived and described in transport terms.

How long have we been talking about business in shipping terms?

The age of industry

The answer is about 200 years – ever since Industry won the Industrial Revolution.

Starting about two hundred years ago, when we began to build the great textile, mining, manufacturing and transportation industries, we also built an enormous distance between production on one hand and consumption on the other.

We spanned this distance with “value chains,” most of which fanned out from a small number of producers to a large number of consumers. And we began to use that label – consumers – for the first time.

Every business had a place somewhere along one of these chains, where it would “add value” to goods the way parts are added to a car on an assembly line.

This distance between production and consumption – and the power enjoyed by producers over consumers – made it easy to think of markets not as places full of real human beings, but as distant abstractions.

Abstractions for markets

Today, two hundred years after the Industrial Revolution, we use the term “market” to mean five completely different kinds of things, none of which derive from what markets were in the first place. Lets go over the list –

1) Markets are product categories. We speak of automobiles, cosmetics and home electronics as “markets.”

2) Markets are geographical areas such as Stuttgart, Philadelphia and China. It’s amazing to me that in the U.S. we can talk about “penetrating” the Chinese “market.” As if we were throwing spears at a map, rather than selling goods to a quarter of the world’s population.

3) Markets are demographic populations. Men, 25-44. Middle-class women. Volvo drivers. Wine conoisseurs. We call each of these “markets” too.

4) Market is a synonym for demand. This is what we mean when we say there is a “market” for Italian wines, parabolic skis, or impolite books like The Cluetrain Manifesto.

5) Market is also a verb we use to label the pushing of goods from supply to demand. This verb “market” is the root word for the noun marketing. Not surprisingly, marketing is concerned almost entirely with the first four abstractions I just talked about

Ancient markets

Now let’s go back and look at the original meaning of markets.

The first markets were places in the middle of town. People gathered in the marketplace to make culture and do business. These places were the hearts of their cultures. Civilization began in the marketplace. Philosophy, mathematics and democracy are all Greek words born in the agora – the Greek marketplace.

In markets like the agora, all the economic relationships we know so well – supply and demand, production and consumption, vendor and customer – were a handshake apart. In these market places, people who sold goods usually also made them.

Names

In fact, people were often named after what they made, or sold. Many of our surnames are fossil remnants of the roles our ancestors played in their marketplaces. Names like Smith, Hunter, Shoemaker, Farmer, Weaver, Tanner, Butcher…. Lehrer, Jäger, Weber, Schuhmacher, Drucker, Händler… Fermier, Marchand.

The noun “market” – which differs little in German, French, Italian and Spanish – derives from the Latin word mercere, which means to buy. In the Roman marketplace, there were no “consumers,” only customers, who came there to shop. Even today in America we call malls “shopping centers.” Not “selling centers.”

Restoring the handshake

In The Cluetrain Manifesto we said the Industrial Age was a long interruption in our understanding of markets as places where people gather to sell their goods, to shop, to talk, and to enjoy public culture.

The Internet ends that interruption by putting everybody within one handshake of everybody else. First sources and final customers are now one mouse click apart.

The Internet restores an even balance of power between supply and demand.

Consumers are customers again. They are people with names, faces, tastes and rich personal histories.

Retailers have known this since Day One, but many companies farther back in the old value chains are beginning to witness this for the first time.

Smart markets

What they witness is markets – conversations – that are becoming smarter and more powerful by informing themselves. And those markets consist of everybody who wants to contribute to the conversation..

Clue #2

This brings me to our second clue. What kinds of companies want to talk about the issues Cluetrain brought up?

Would it be the dot-com start-ups, which were supposed to be changing the world, and putting these big old industrial companies out of business?

No, it was the big old industrial companies. Those were the ones looking hardest for clues. Companies with names like Procter & Gamble, Coca-Cola, Omnicom, Johnson & Johnson, Citicorp, Conoco, Rohm & Haas, Prudential, IBM and Migros.

The Coke example

Recently I’ve been talking with an executive with Coca-Cola who has the unlikely title of Chief Innovation Officer. In fact, the two of us were recently scheduled to serve on a panel where he would explain how Cluetrain is transforming his company.

Before this event was scheduled, I didn’t know Coca-Cola was subject to any kind of outside influence. They seemed to be more a force of nature than a company in the usual sense. The formula for Coke seemed to be on the periodic table of elements.

Why could the #1 brand in the entire world find guidance in a book that attacks the whole concept of branding?

I found that the answer is simple: Coca-Cola knows it can’t tell customers what they want any more.

However, Coca-Cola also knows it has a long-standing relationship with its customers – because it has led the conversation about soft drinks for more than one hundred years. That’s an advantage.

Procter & Gamble

Not long after the Cluetrain book came out, one of my co-authors, David Weinberger, got a call from Procter & Gamble. They wanted him to talk about Cluetrain with them at their headquarters in Cincinnati.

We were amazed. Procter & Gamble was the company that invented branding – a concept it borrowed from the cattle industry more than seventy years ago.

It quickly became clear that P&G was at least starting to get the clues. They knew branding wasn’t what it used to be. They knew this was no longer a world where one company could put one kind of soap in seven different boxes and sing about the difference.

Today, just four months later, P&G has a new CEO and – at least in some cases – an approach to rolling out new products that starts with the Internet.

We see this with a new hair styling product called Physique. In the past, Procter & Gamble might have spent 90% of its new product promotion budget on television advertising. For Physique they’re spending 30% on TV and the rest on the Web. The Web site says “Welcome to the Physique Stylezone: select your country. Underneath that it says, in French, choisessez votre pays. It’s an international campaign.

In the United States alone, more than half a million people (nearly all women) have signed up – on the Web – for free samples and membership in the Physique Club.

The campaign was developed by Saatchi & Saatchi, a global advertising agency headed by Kevin Roberts – a gentleman from New Zealand. Recently Mr. Roberts bragged about Physique’s results. He said, “The average time people spend on the Web site is 11 minutes… We’ve got the consumers. We’re talking to them, they’re talking to us.”

The retailing advantage

So here we have two of the top marketing companies in the world – Coke and Procter & Gamble – that are not only discovering that markets how conversations, but putting that idea to use, perhaps for the first time.

This is easier said than done. Jack Welch, the legendary CEO of General Electric, has a Net-based internal campaign called “destroy your business.” It isn’t much of an exaggeration. These are fundamental changes.

But some businesses will have less to destroy than others, because they already know what it means to be in conversation with their customers.

This is why I believe that the industry with the biggest conversational advantage is retailing. For retailers, customers are real. There is a limit to how much a retailer can treat a customer as an abstraction. For a retailer, a customer is more than a consumer, a seat, an eyeball, or an end user. Customers are real people.

As retailers, we know customers by name. They shop in our stores, eat in our restaurants, trust us with their credit cards and return to shop again because they know who we are too. In fact, they probably know us better than we know them.

This is no small matter. This is a huge advantage. But what is the relevance of the Internet to that advantage.

This brings me to my third clue

Clue #3

The Internet, like a market, is a place, not just a medium. We go to it, not just through it.

When the Internet came along, it was easy to see it as yet another mass medium – as a vehicle (there’s another shipping term) for delivering messages to consumers.

Mulitple metaphpors

Like a newspaper, the Web has pages that we write or author or publish.

Like telephone directories, which are also publications, it gives us ways to look up stores, services, and each other.

Like radio and television we can “deliver content” in the form of audio and video files and streams.

Sometimes we also use theatrical metaphors at the same time. That’s what Web page designers do when they talk about delivering an experience to an audience.

Places

Now let’s look at this the other way around. To us – to people sitting at their computers – the Internet is more like the telephone than any other medium.

Like the telephone, the Internet is profoundly personal. When we are on the phone, we are in a personal, private space, which is why telephones are a lousy medium for commercial messages.

The messages we want on the Net aren’t the ones that “deliver an experience.” They are the ones that come by email, from people we know.

In other words, what matters most is what we hear from each other. What matters most is conversation.

Even our Web pages have a private, personal quality about them. That’s why we call our main pages “home.”

Home is a place.

By that same metaphor, we also speak about that place as a site that we put up on the Net and call a location. We also call that location an address.

The virtues

Now: who built this place? It’s interesting that the Net was not built by or for business. It was built by computer programmers, who did it not just for themselves, but for all of us. A perfect example is the World Wide Web, which was invented here in Switzerland by Tim Berners-Lee: an Englishman who had little interest in business at all.

What was it that made this place so appealing? What were the core virtues that these programmers built into the Net when they created it. There were three:

  1. Nobody owns it
  2. Everybody can use it
  3. Anybody can improve it

You won’t hear those virtues advertised by any of the big technology suppliers. If it were up to them, the Net would never have happened. All of them would have wanted to own it, to restrict access to it, and to improve it only by themselves.

But it didn’t happen that way. Because nobody owns it, everybody can use it, and anybody can improve it, the Net is much like a commons, a plaza, a town square, for the whole world.

This is our world. We have help from the technology suppliers, but they cannot command the way we build it out.

Back in 1955, Gottlieb Duttweiler said “What is happening is the higher valuation of the man in the street as a power in business life, and more, important, as a human being.

By more than forty years, he anticipated a remarkable development:

The most important market place in the history of civilization is designed to value the man on the street. The individual human being.

The new world

One of the greatest thinkers on the subject of the Internet is my friend Craig Burton, who was responsible for much of the success enjoyed by a networking company called Novell, in the 80s. Craig Burton’s thinking has always been many years ahead of his time.

Recently he described the Internet as a sphere, like a bubble, that constantly expands as more people are added to it.

In fact, he suggests we think of the Net as a bubble comprised entirely of people, all looking inward and all visible to each other across the empty space in the middle.

At the speed of light, the distance between any two points – any two people – is zero. And it’s true: in practical terms, it takes me no longer to send an email to Prague than to a co-worker in the next room. A Web page in Milan usually comes up just as fast in my browser as one from Miami, Singapore, or an office down the street.

Craig Burton says the Internet is the first world we have created entirely on our own, as a species. In fact, he believes that the Net is the biggest social, cultural and scientific transformation since the Renaissance, and that it is just beginning.

In this new world, our most fundamental resource is each other – and the conversations by which together we know more than we can know alone.

Clue #4

The fourth clue is that there is no “new” economy. There is only a well-funded distraction from the real economy, which is the economy of conversation we call the marketplace – an economy that has been with us for thousands of years.

To illustrate the problem, let me tell you one final story.

Not long ago I was at a party in San Francisco. There I talked with a young man who was already a veteran of several start-ups. When I asked him what his new company did, he said “we’re an arms merchant to the portals industry.” I had no idea what he meant.

But he answered every one of my questions with more buzzwords. They were “networking eyeball paradigms,” “portalizing B2B solutions,” “scaling strategic synergies” and so on. Finally I asked a rude question: how are sales?

He said, “They’re great. We just closed our second round of financing.”

Two kinds of markets

Suddenly it became clear to me that every company has two kinds of markets: one for its goods and services and one for itself. In other words, it is in two conversations: one with its community of customers, and the other with its community of investors.

In Silicon Valley, we have confused the second one with the first. We have made a “new” economy out of selling huge promises to investors, rather than goods and services to customers.

The best wisdom on this subject comes from Stewart Brand, who says form follows funding.

One reason nobody owns the Net is that it was originally funded by governments and universities. But this is not a well-funded story.

The best-funded story is the one being told by every company whose category begins with an E or whose name ends in a.com or .co.

Nearly every one of those companies was funded by venture capital.

Now, venture capital is not a bad thing. In fact, it is a very good thing. But it is also a very influential and distracting thing, which is why I want to talk about it.

Looking at size

Let’s look at the size of this distraction.

Last year venture capitalists invested around fourteen billion dollars in Silicon Valley alone. This year they are headed toward investing twice that much. The amount of money we’re talking about here is staggering. I have been told that more than half the countries in the world have a smaller gross domestic product.

This money continues to flow like a river. Even when demand for dot-com stocks began to falter early this year, this money river continued to flow through new dot-com start-ups – not only in Silicon Valley, but around the world. Last week Bertelsmann set up a billion-dollar venture capital fund.

Burning money

Where is this money going?

Much of it goes into building staffs, offices and developing technology. But a huge percentage of it goes into marketing, mostly through advertising in every media you can name.

This both attracts and funds enormous amounts of media attention. Magazine displays in the U.S. are being crushed under the weight of fat new business publications. Their very existence testifies to a “new” economy at work. It’s a lot of smoke, suggesting a very big fire.

But what’s burning is money. We don’t have a new economy here. We have a flood of combustible money – a kind of petrol – that is made to be burned.

Dot-com start-ups are very different kinds of businesses from the ones we’ve been building for thousands of years. They don’t have “overhead” or “expenses” in the usual sense. They have “burn rates.” And burn is exactly the term that they use. In this economy – if you can call it that – spending is a good thing. Burning is a good thing.

Perspective

But again, it’s a distracting thing, because most of the time it talks about itself. For a long time, it also disparaged traditional businesses.

So: how can we keep from being distracted by these huge fires and all their smoke?

With some perspective.

The new conversation – about burning money and huge payoffs when these companies go public – is only a few years old.

The old conversation – about vendors and customers selling and buying goods and services – is as old as civilization itself.

In fact, it is civilization.

And we are not in civilization just for the money.

This is what we are learning from companies like Procter & Gamble, Johnson & Johnson, Nortel Networks and. The surprise – and it shouldn’t be one – is that people don’t work at these companies just for the money.

I am amazed at how many people I meet at these companies are not interested in getting rich at dot-com start-ups. Instead they are looking deeply at why they want to work where they do.

I believe we are finding that these companies have souls. They have human purposes that transcend mere economics. These purposes have little to do with short-term opportunities, and nothing to do with cashing out or starting another business.

I believe retailing has more soul than of any other industry. I say this because retailing is deeply involved in culture itself: the culture of the marketplace. Retailing was here for thousands of years before the industrial age. And it will be here for thousands of years afterwards.

Retailers are not just here to sell. They are here to serve.

Gottlieb Duttweiler said, “The constant will to serve has something irresistible about it – conveying mysterious powers over one’s fellow human beings and making interrelationships visible which would otherwise remain hidden.”

He would have loved the Internet.

Conclusion

Clearly, he loved people. Because he also said, “Whoever forgets that people are the dominating factor in business and politics and thinks only in old-style dollars and francs has got his calculation wrong.”

Herr Duttweiler had it right. Retailing is about people. Markets are about people. The Internet is about people.

For Herr Duttweiler, it took extraordinary insight and courage to state this principle so simply when there was no Internet, deep in that long interruption we call the Industrial Age.

What he said was no less true then than it is today. But today a new age has begun: one that belongs to Herr Duttweiler’s dominating factor: people. Now customers and retailers together can finally agree that this is our world, these are our markets, and we are going to make them together – for ourselves, and for each other.

What can we do to improve this new world that nobody owns, everybody can use, and anybody can improve?’

I look forward to hearing the answer – from you.

Thank you very much.

It’s been a week since VRM+CRM 2010, and there have been many conversations on private channels (emails, face-to-face, phone-to-phone, face-to-faces), all “processing,” as they say. Meanwhile we also have some very interesting postings to chew on. (Note: This is cross-posted here.)

First, Bill Wendell‘s RealEstateCafe wiki has a nice outline of sessions at the workshop. Better than our own, so far, I might add. Great notes behind his many links, and an excellent resource.

Next, there is Katherine Warman Kerns’s Making Sense of Things (which follows her HuffPo piece, Will VRMCRM2010 disrupt ambiguity?). Here Katherine puts on some hats we both shared as veterans of the advertising and media businesses, and does some great thinking out loud about better ways for marketing energy to be spent than CRM, online advertising and FSIs (I believe these are Free Standing Inserts). An excerpt:

What if that 3% in CRM, the 1% in FSI’s, and the less than 1% online are the same heavy TV watchers with nothing better to do?You’d think there would be a lot of investment in innovation to develop “something better”, but innovators are getting mixed signals from advertisers.  Most businesses still advertise  in order to convince retailers and/or Wall Street that they are supporting the brand.

Few outsiders understand that advertising has become a business to business marketing tactic more than a business to “consumer” tactic. Instead of paying attention to advertising spending trends -  dropping from 40.6 % of the total media/marketing industry in 1975 to 17.2% in 2009 . . . . . .  the Venture world pays attention to the proportional amount spent on different tactics: “what this chart (provided by GOOGLE’s Hal Varian) says is that over that past decade Internet has gone from nothing to 5% of all the ad spend in the US”.  As I point out in my comment on this post, “At 5% of 17.2% that puts internet advertising at less than 1% of total media/marketing revenues. “

Ignoring this fundamental change in the market, an amazing amount of money is wasted on investing in incremental change.  For example, the race is on (reportedly, over $40 Billion a year) to upgrade CRM technology to improve predictive accuracy so that 3% will go up.

I’m all for continuous improvement process . . .  but, when the starting point is single digit success and that success may not even be among the desirable demographic who leaves the house, doesn’t it make sense to spend some of that money developing Plan B?

Hey if everyone on the team is aiming for the same corner of the goal with a single digit success rate, doesn’t it make sense to develop the skill to go after the remaining 90%+ of the goal?Until something better comes along, a market leader, P&G is quietly investing in the “new media” segment, “custom digital publishing”, to reach their target with less waste and to identify “thought leaders” to engage in their leading edge open innovation process.  Two examples are beinggirl.com and the partnership with NBCU to produce lifegoesstrong.com.

A new technology movement is creating a possibility to offer something even better: making it possible to shift the paradigm from improving Business to Customer communications to improving Customer to Business communicationInstead of wasting money on better ways to interrupt customers with messages, the customers are enabled to tell business when and what they want information. Project Vendor Relationship Management is the thought leadership evangelizing this premise and encouraging technology development.  On August 26-27, a workshop calledVRMCRM2010 introduced many of these technologies to VRM fans and receptive CRM professionals.

Media has an opportunity to use this technology to give all participants “The Freedom to be Ourselves”.   Instead of self-censuring because of uncertainty over what, with whom, or when their participation will be available for exploitation in “cyberspace”, participants may manage the release of identity, content, and information “in context”.   AND this control can be mutual – for  the “formerly known as audience”, the “formerly known as creative content producers”**, and the “formerly known as advertisers”.

Mutual benefit has the potential to breakdown the siloes which are barriers to collaborate on innovation.  Indeed, VRMCRM- like technologies offer a blank canvas of possibilities for media and marketing innovation to  disrupt ambiguity.

Next, Dan Miller’s In Spite of Investment in “Social CRM”, Enterprises are Still not Paying Attention. Dan, who led the CRM panel at the workshop, sees CRM and social CRM as a train wreck in progress:

…current solutions that are based in CRM and social CRM capture and conduct analysis on a broad set of customer generated data and metadata. Companies think they are doing a better job of paying attention but, whether they admit it to themselves or not, they continue to use their resources to analyze activity, target messages and promotions and influence future activity. That’s not listening or engaging in a meaningful conversation.

VRM involves a totally different engagement model. “Users” (be they shoppers, searchers, mobile subscribers or “other”) initiate conversations with their selected vendors through a trusted resource or advocate. They can compare notes with other shoppers/customers and, while they may be loyal to a brand, they are more loyal to themselves and their peers. In the ideal, the power shifts to the shopper in ways that will disintermediate traditional channels (like the contact center) and influencers (meaning commercials and advertisements).

The train wreck is not the result of there being too many names for the social CRM phenomenon, it is that CRM and VRM are on a collision course whereby one side seeks to grant more power to buyers while the other seeks to retain nearly all the power by pretending to do a better job of listening.

On the other hand, Denis Pombriant sees social CRM as having some promise for VRM, and writes about that in VRM’s Missing Ingredient, also posted as VRM and CRM Meet. An excerpt:

The great thing about social CRM is that it lets the genie out of the bottle.  It introduces randomness and uncertainty to the puzzle and that’s largely a good thing.  You can’t program a customer relationship, there are too many permutations and customers do things you just can’t always predict.

My big takeaway from the conference is the wisdom of crowds, the idea that since you can’t predict, take a deep breath and stop trying.  Instead, just ask the customer and, if you do it right, you’ll get amazing insights.  It struck me that the wisdom of crowds is, perhaps, one thing that VRM could incorporate with great success.

Mitch Lieberman (@mjayliebs) put up a nice summary of #vrmcrm2010 tweets through September 1. Here’s the current Twitter search for the tag.

Even though the workshop was well-attended by CRM folks (and some of their customers), I was struck by how widely varied that business actually is. The distinction between CRM and sCRM is but one of very many.

In fact I had already been schooled on this by my old friend Larry Augustin, whom I got to know well back when he was a major force in the Linux community, and now runs SugarCRM. You can’t have a $15 billion (give or take… I still haven’t seen any numbers since 2008) business without a great deal of variation in what is sold to whom, and how it is used.

And, of course, relating to customers is not the sole province of CRM itself. I would bet that most customer-supporting corporate Twitter entities (e.g. @BigCoCares) began as individual efforts within their companies, completely outside those companies’ CRM systems, including call centers. These as a class now qualify as sCRM, I suppose. But in any case, it’s complicated.

So is VRM, of course. It starts from the individual, but can go in many directions after that. Here are a few of my own take-aways, all arguable, of course:

  1. You can’t get to VRM from CRM, or even sCRM, any more than you can get to personal from social. But VRM needs to engage both. And both need to engage VRM.
  2. You can’t get to VRM from advertising, either. Trying to make VRM from advertising is like trying to make green from red. The closest you’ll get is brown.
  3. We have code, and were able to show some off (or at least talk about it), and that was great. Adam Marcus’ talk on r-buttons, while delayed by equipment failings (not his — the classroom’s built-in projection system on Day One was flaky), showed how users and site owners could signal their intentions toward each other with symbols that actually worked. Renee Lloyd unpacked the (very friendly) legal side of that too. Iain Henderson gave a nice forecast of the Personal Data Store (PDS) trials that MyDex will be running in the UK shortly. Phil Windley vetted the work Kynetx is doing with the Kynetx Rules Language (KRL). It also amazed me that, even when the workshop was over, many people stayed late, on a Friday, to see Craig Burton give a quick demonstration of KRL at work. (See the photo series that starts here.) Joe Andrieu didn’t show his code at work, but gave a great talk on how search is more than queries. I could go on, but to sum up: this was a watershed moment for the VRM community.
  4. It’s still early. Maybe very early. At the end of the workshop I was asked the What’s Next question. My reply was that it’s great to see a fleet of planes airborne after watching them head down the runway for three years — and that they’re all heading in different directions. Also, they’re not the only planes. Beyond that the future is what we make it, and we’ve still got a lot of making to do.
  5. VRM+CRM is a live topic. There was much talk afterward of next steps with workshops, conferences and other kinds of gatherings, in addition to a list for people wanting to follow up with focused conversation. Stay tuned for more on all that.
  6. VRM is not just the counterpart of CRM. There are VRM efforts, such as The Mine! Project, that address one-to-one relating outside the scope both of identity systems (from which some VRM efforts originated) and of CRM. These also matter a great deal, and are very close to the heart of VRM’s mission.
  7. GRM has mojo going. Two years ago, Britt Blaser was the only GRM guy at that VRM workshop, and had trouble drawing a crowd. This time he brought his own crowd, and drew a bigger one. Very encouraging.
  8. I’m still not entirely sure what ProjectVRM should become as it spins out of the Berkman Center. I want it to be lightweight and useful. I’ll be involved, obviously; and we’ll always have a kinship connection with Berkman. Specifics beyond that are forthcoming, probably in the next three weeks.

I’ll think of others, but I’m out of time right now. Please add your own. And thanks again to everybody who participated. It was a great workshop.

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First, three posts by:

His bottom line in the last of those: “… people are saying the web dumbs us down. This is wrong. The web can dumb us down, but only if we choose to let it.” Much substance leads up to that, including many comments to the first two posts.

In the first post, JP says, “For information to have power, it needs to be held asymmetrically. Preferably very very asymmetrically. Someone who knows something that others do not know can do something potentially useful and profitable with that information.” He adds,

So when people create walled-garden paid apps, others will create unpaid apps that get to the same material. It’s only a matter of time. Because every attempt at building dams and filters on the internet is seen as pollution by the volunteers. It’s not about the money, it’s about the principle. No pollutants.

Which brings me to the reason for this post. There’s been a lot of talk about the web and the internet making us dumber.

I think it’s more serious than that. What the web does is reduce the capacity for asymmetry in education. Which in turn undermines the exalted status of the expert.

The web makes experts “dumb”. By reducing the privileged nature of their expertise.

Every artificial scarcity will be met by an equal and opposite artificial abundance. And, over time, the abundance will win. There will always be more people choosing to find ways to undo DRM than people employed in the DRM-implementing sector. Always.

Joe Andrieu responds with Asmmetry by choice.  After giving some examples, Joe adds,

These types of voluntary acceptance of asymmetry in information are the fabric of relationships. We trust people with sensitive information when we believe they will respect our privacy.

I don’t see abundance undoing that. Either the untrustworthy recipient develops a reputation for indescretion and is cut off, or the entire system would have to preclude any privacy at all. In that latter scenario, it would became impossible to share our thoughts and ideas, our dreams and passions, without divulging it to the world. We would stop sharing and shut down those thoughts altogether rather than allow ourselves to become vulnerable to passing strangers and the powers that be. Such a world would of totalitarian omniscience would be unbearable and unsustainable. Human beings need to be able to trust one another.  Friends need to be able to talk to friends without broadcasting to the world. Otherwise, we are just cogs in a vast social order over which we have almost no control.

Asymmetry-by-choice, whether formalized in an NDA, regulated by law, or just understood between close friends, is part of the weft and weave of modern society.

The power of asymmetry-by-choice is the power of relationships. When we can trust someone else with our secrets, we gain. When we can’t, we are limited to just whatever we can do with that information in isolation.

This is a core part of what we are doing with and the . Vendor Relationship Management (VRM) is about helping users get the most out of their relationships with vendors. And those relationships depend on Vendors respecting the directives of their customers, especially around asymmetric information. The Information Sharing Work Group (ISWG) is developing scenarios and legal agreements that enable individuals to share information with service providers on their own terms. The notion of a is predicated on providing privileged information to service providers, dynamically, with full assurance and the backing of the law. The receiving service providers can then provide enhanced, customized services based on the content of that data store… and individuals can rest assured that law abiding service providers will respect the terms they’ve requested.

I think the value of this asymmetry-by-choice is about artificial scarcity, in that it is constructed through voluntary agreement rather than the mechanics/electronics of the situation, but it is also about voluntary relationships, and that is why it is so powerful and essential.

I’ll let both arguments stand for now (and I think if the two of them were talking here right now they’d come to some kind of agreement… maybe they will in comments here or on their own blogs), while I lever both their points toward the issue of privacy, which will continue to heat up as more people become aware of liberties taken with personal information by Web companies, especially those in the advertising business. I hadn’t thought about this in terms of asymmetry before, but maybe it helps.

The Web has always embodied the design asymmetry of . Sites have servers. Visitors have clients (your computing device and its browser). To help keep track of visitors’ relationships, the server gives them . These are small text files that help the server recall logins, passwords, contact history and other helpful information. Cookies have been normative in the extreme since they were first used in the mid-nineties.

Today advertising on the Web is also normative to an extreme that is beginning to feel . In efforts to improve advertising, “beacons” and flash cookies have been added to the HTTP variety, and all are now also used to track users on the Web. The Wall Street Journal has been following this in its series, and you can find out more there. Improvement, in the new advertising business, is now about personalization. “It is a sea change in the way the industry works,” Omar Tawakol, CEO of BlueKai, told the Wall Street Journal. “Advertisers want to buy access to people, not Web pages.”

Talk about asymmetry. You are no longer just a client to a server. You are a target with crosshairs on your wallet.

Trying to make advertising more helpful is a good thing. Within a trusted relationship, it can be a better thing. The problem with all this tracking is that it does not involve trusted relationships. Advertisers and site owners may assume or infer some degree of conscious assent by users. But, as the Journal series makes clear, most of us have no idea how much unwelcome tracking is really going on. (Hell, they didn’t know until they started digging.)

So let’s say we can construct trusted relationships with sellers. By we I mean you and me, as individuals. How about if we have our own terms of engagement with sellers—ones that express our intentions, and not just theirs? What might we say? How about,

  • You will put nothing on my computer or browser other than what we need for our  relationship.
  • Any data you collect in the course of our relationship can be shared with me.
  • You can combine my data with other data and share it outside our relatinship, provided it is not PII (Personally Identifiable Information).
  • If we cease our relationship, you can keep my data but not associate any PII with that data.
  • You will also not follow my behavior or accumulate data about me for the purposes of promotion or advertising unless I opt into that. Nor will your affiliates or partners.

I’m not a lawyer, and I’m not saying any of the points above are either legal or in legal language. But they are the kinds of things we might like to say within a relationship that is symmetrical in nature yet includes the kind of asymmetry-by-choice that Joe talks about: the kind based on real trust and real agreement and not just passive assent.

The idea here isn’t to make buyers more powerful than sellers. It’s to frame up standard mechanisms by which understandings can be established by both parties. Joe mentioned some of the work going on there. I also mention some in Cooperation vs. Coercion, on the . Here’s a long excerpt:

What we need now is for vendors to discover that free customers are more valuable than captive ones. For that we need to equip customers with better ways to enjoy and express their freedom, including ways of engaging that work consistently for many vendors, rather than in as many different ways ways as there are vendors — which is the “system” (that isn’t) we have now.

There are lots of VRM development efforts working on both the customer and vendor sides of this challenge. In this post I want to draw attention to the symbols that represent those two sides, which we call r-buttons, two of which appear above. Yours is the left one. The vendor’s is the right one. They face each other like magnets, and are open on the facing ends.

These are designed to support what calls , which he started talking about back in 2005 or so. I paid some respect to gestures (though I didn’t yet understand what he meant) in The Intention Economy, a piece I wrote for in 2006. (That same title is also the one for book I’m writing for . The subtitle is What happens when customers get real power.) On the sell side, in a browser environment, the vendor puts some RDFa in its HTML that says “We welcome free customers.” That can mean many things, but the most important is this: Free customers bring their own means of engagement. It also means they bring their own terms of engagement.

Being open to free customers doesn’t mean that a vendor has to accept the customer’s terms. It does mean that the vendor doesn’t believe it has to provide all those terms itself, through the currently defaulted contracts of adhesion that most of us click “accept” for, almost daily. We have those because from the dawn of e-commerce sellers have assumed that they alone have full responsibility for relationships with customers. Maybe now that dawn has passed, we can get some daylight on other ways of getting along in a free and open marketplace.

The gesture shown here —

— is the vendor (in this case the public radio station , which I’m just using as an example here) expressing openness to the user, through that RDFa code in its HTML. Without that code, the right-side r-button would be gray. The red color on the left side shows that the user has his or her own code for engagement, ready to go. (I unpack some of this stuff here.)

Putting in that RDFa would be trivial for a CRM system. Or even for a CMS (content management system). Next step: (I have Craig Burton leading me on this… he’s on the phone with me right now…) RESTful APIs for customer data. Check slide 69 here. Also slides 98 and 99. And 122, 124, 133 and 153.

If I’m not mistaken, a little bit of RDFa can populate a pop-down menu on the site’s side that might look like this:

All the lower stuff is typical “here are our social links” jive. The important new one is that item at the top. It’s the new place for “legal” (the symbol is one side of a “scale of justice”) but it doesn’t say “these are our non-negotiable terms of service (or privacy policies, or other contracts of adhesion). Just by appearing there it says “We’re open to what you bring to the table. Click here to see how.” This in turn opens the door to a whole new way for buyers and sellers to relate: one that doesn’t need to start with the buyer (or the user) just “accepting” terms he or she doesn’t bother to read because they give all advantages to the seller and are not negotiable. Instead it is an open door like one in a store. Much can be implicit, casual and free of obligation. No new law is required here. Just new practice. This worked for (which neither offered nor required new copyright law), and it can work for r-commerce (a term I just made up). As with Creative Commons, what happens behind that symbol can be machine, lawyer or human-readable. You don’t have to click on it. If your policy as a buyer is that you don’t want to to be tracked by advertisers, you can specify that, and the site can hear and respond to it. The system is, as Renee Lloyd puts it, the difference between a handcuff and a handshake.

Renee is a lawyer and self-described “shark trainer” who has done much in the community to help us think about agreements in ways that are legal without being complicated. For example, when you walk into a store, you are surrounded by laws of many kinds, yet you have an understanding with that store that you will behave as a proper guest. (And many stores, such as Target, refer by policy to their customers as “guests.”) You don’t have accept “terms of service” that look like this:

You agree we are not liable for annoying interruptions caused by you; or a third party, buildings, hills, network congestion, rye whiskey falling sickness or unexpected acts of God or man, and will save harmless rotary lyrfmstrdl detections of bargas overload prevention, or if Elvis leaves the building, living or dead. Unattended overseas submissions in saved mail hazard functions will be subject to bad weather or sneeze funneling through contractor felch reform blister pack truncation, or for the duration of the remaining unintended contractual subsequent lost or expired obligations, except in the state of Arizona at night. We also save ourselves and close relatives harmless from anything we don’t control; including clear weather and oddball acts of random gods. You also agree we are not liable for missed garments, body parts, electronic communications or musical instruments, even if you have saved them. Nothing we say or mumble here is trustworthy or true, or meant for any purpose other than to sphincter the fears of our legal department, which has no other reason to live. Everything here does not hold if we become lost, damaged or sold to some other company. Whether for reasons of drugs, hormones, gas or mood, we may also terminate or change this agreement with cheerful impunity.

[   ]  Accept.

And for that you get a cookie. Yum.

gives a great talk in which he reduces History of E-Commerce to one slide. It looks like this:

1995: Invention of the Cookie.

The End.

Not content with that, Phil has moved history forward a step by writing KRL, the , which he describes in this post here. The bottom line for our purpose in this post is that you can write your own rules. Terms of engagement are not among them yet, but why not? It’s early. At last Friday, showed how easy it is to program a relationship—or just your side of one—with KRL. What blew my mind was that the show was over and it was past time to leave, on a Friday, and people hung out to see how this was done. (Here’s a gallery of photos from the workshop.)

And those are just some of the efforts going on in the VRM (and soon, we trust, the CRM) community. What we’re trusting (we’re beyond just hoping at this point) is that tools for users wishing to manage relationships with organizations of all kinds (and not just vendors) will continue to find their way into the marketplace. And the result will be voluntary relationships that employ asymmetry by choice—in which the choice is made freely by all the parties involved.

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ERP Software Advice has put together an informal but well-thought-out poll on Oracle’s next take-over target. Dig it here. My own off-the-wall bet was on Akamai, which Stephen was kind enough to include in his report. Even if you don’t follow Oracle or the other companies listed, it’s a very interesting exercise (created by Stephen Jannise). And it will be fun to see who is right and why. Because Oracle is a hungry cannibal. It can’t help eating other companies. Somebody’s gonna get chomped. (And somebody after that, and after that.)

Bonus link.

I’ve been so heads-down working on a book, and prepping  for this this week’s workshop, that I haven’t blogged anything in a while. Normally blogging is a steam valve for my work, but tweeting does more of that now. (Which is too bad, because tweets are snow on the water. Or at least it seems that way when I go back looking for what somebody said.) So the blog(s) get neglected.

Anyway, I want to share my affection for two new books that blowing my mind, page after page. One is Kevin Kelly’s What Technology Wants. The other is Lewis Hyde’s Common as Air: Revolution, Art and Ownership. Both authors worked for years on these books, and it shows in the depth of their scholarship and the polish of their prose.

Both are not merely important, but essential. Kevin’s breaks new ground in all directions one must travel to understand what technology is, and its relationship with human nature and work. Lewis does a complete re-think of “intellectual property,” and in the process re-grounds our understanding in an abundance of history — too much of which has been long (and selectively) forgotten. I can’t find a review of What Technology Wants yet, so I’ll link to what Craig Burton said here a while ago. Common as Air got a huge thumbs-up from Robert Darnton this past Sunday in The New York Times’ Sunday Book Review. Go read it. I’m getting back to work.

I recently realized that the line “Markets are conversations” (familiar as the first thesis in The Cluetrain Manifesto) was born at least partly from my experience as a resident of many forums on Compuserve, in the late 1980s and early 1990s. It was on Compuserve that I learned the differences between flaming, trolling and plain old heated discussion. While I wasn’t a full-time sysop (discussion leader) I often came off the bench as a back-up, and learned a lot about good sysop practices from forums devoted to the subject.

Perhaps the most cardinal among rules enforced by syops was this one: no personal attacks. (Wikipedia agrees.) Personal attacks were a broad category that included unwelcome characterizations, ad hominem arguments and various forms of passive aggression. Most often, however, they could be flagged by the pronoun you. Written or spoken in the second person singular, you tends to provoke a defensive response, especially if it implies a state of being. When A says to B, “You are wrong,” A is not making a statement about what B has said, but rather about B himself or herself.

Conversations risk going south when one person characterizes the other’s very being as “wrong” — even though the phrase “You’re wrong” could hardly be more common.

This fact came to mind today when I read The Evolution of Society, Madness and Social Media, by Tac Anderson. In it Tac says this:

Anytime I have a visceral reaction to something, I’ve learned that it’s usually because there’s some truth to the statement that threatens my own closely held beliefs. This kind of fear is rooted one of two concerns: a) The truth is misrepresented and misleading or b) the truth is right and that means that I’m wrong (for the record it’s almost always that they’re wrong).

All of which is something of a corollary to a bit of wisdom I often give my 13-year-old son: “Being right is overrated.” We’re here to learn, I tell him. Not just to score points in a game that others aren’t also playing.

The trick in conversation is not just to listen, but to do two things that come hard for people with an unhealthy need for being in a state of rightness. One is to respect the other person as an original source of interesting (if not necessarily correct) things to say. The other is weigh without prejudice the substance of what the other person is saying. Neither, of course, comes easy. Both, however, are helpful.

The case Tac brings up is his own aversion to Nicholas Carr and two items for which Nick is lately best known. One is an Atlantic article titled, Is Google Making Us Stupid? The other is The Shallows: What the Internet is Doing to Our Brains, a book that enlarges on the article, about which Tac says, “…once you take away his intentionally provocative title and approach, for the most part I think he’s right – about the facts at least.” Tac goes on to say,

The Internet, like every other technological advancement, is changing the way we think, live and work. But where I disagree with Carr, is that the Internet is not making us stupid. Instead I believe the Internet is making most of us smarter. But there is a consequence to this evolution: Not everyone evolves.

Tac adds a number of points that I agree or disagree with to varying degrees. Here is what I would like him, and anybody else who is interested, to think about: What if the Internet does not persist as an environmental condition?

It certainly won’t persist in the forms we know it best right now. Phone and cable companies, by whose graces most of us access the Internet, have self-serving ambitions for the Net that are at variance from the ideals of the Net’s founding protocols. Phone companies, especially mobile ones, want to bring the Net inside their billing systems, with metered charges for data use and national boundaries across which customers pay huge additional fees for “roaming.” Cable companies wish to become “content providers”, as publishing, broadcast and entertainment goods move from paper, airwaves and cable channels to new all-digital forms that display on glowing rectangles of all kinds.

In other words, I wonder if the world in which Tac and others like him (including myself) find themselves adapting so well isn’t doomed to become Business As Usual 2.0. That’s what Jonathan Zittrain warns in his book The Future of the Internet — and How to Stop It. As Jonathan sees it, the Internet was designed to be generative. That is, it encourages originality and productivity for everything it runs on and that it supports — not just for the companies and technologies that “carry” it. (By the way, the old sysops forum on Compuserve was run for many years by Jonathan, who later co-founded the Berkman Center.)

I think the Net will get worse before it gets better. But I think we need to consider seriously whether it will get better at all. Recent defeats of the FCC by carriers make clear who holds the cards. (And I’m not saying that the FCC was right. I’ve always felt that “Net Neutrality” was more effective as a red flag for carriers than for helping its proponents’ legislative and regulatory agendas.)

Here’s what I believe, at least for now. The Internet, as the open and generative thing its protocols like to support, is good for humanity, for human evolution, for society and for business. I would like that to be right, but it might be wrong, and I’m open to hearing that.

Meanwhile, I don’t think we’ve had enough time to prove anybody’s case. And evolution will prove more patient than any of us.

Ancestral bonus links here, here and here.

The tide turned today. Mark it: 31 July 2010.

That’s when The Wall Street Journal published The Web’s Gold Mine: Your Secrets, subtitled A Journal investigation finds that one of the fastest-growing businesses on the Internet is the business of spying on consumers. First in a series. It has ten links to other sections of today’s report.

It’s pretty freaking amazing — and amazingly freaky, when you dig down to the business assumptions behind it. Here is the rest of the list (sans one that goes to a linkproof Flash thing):

Here’s the gist:

The Journal conducted a comprehensive study that assesses and analyzes the broad array of cookies and other surveillance technology that companies are deploying on Internet users. It reveals that the tracking of consumers has grown both far more pervasive and far more intrusive than is realized by all but a handful of people in the vanguard of the industry.

It gets worse:

In between the Internet user and the advertiser, the Journal identified more than 100 middlemen—tracking companies, data brokers and advertising networks—competing to meet the growing demand for data on individual behavior and interests.The data on Ms. Hayes-Beaty’s film-watching habits, for instance, is being offered to advertisers on BlueKai Inc., one of the new data exchanges. “It is a sea change in the way the industry works,” says Omar Tawakol, CEO of BlueKai. “Advertisers want to buy access to people, not Web pages.” The Journal examined the 50 most popular U.S. websites, which account for about 40% of the Web pages viewed by Americans. (The Journal also tested its own site, WSJ.com.) It then analyzed the tracking files and programs these sites downloaded onto a test computer. As a group, the top 50 sites placed 3,180 tracking files in total on the Journal’s test computer. Nearly a third of these were innocuous, deployed to remember the password to a favorite site or tally most-popular articles. But over two-thirds—2,224—were installed by 131 companies, many of which are in the business of tracking Web users to create rich databases of consumer profiles that can be sold.

Here’s what’s delusional about all this: There is no demand for tracking by individual customers. All the demand comes from advertisers — or from companies selling to advertisers. For now.

Here is the difference between an advertiser and an ordinary company just trying to sell stuff to customers: nothing. If a better way to sell stuff comes along — especially if customers like it better than this crap the Journal is reporting on — advertising is in trouble.

Here is the difference between an active customer who wants to buy stuff and a consumer targeted by secretive tracking bullshit: everything.

Two things are going to happen here. One is that we’ll stop putting up with it. The other is that we’ll find better ways for demand and supply to meet — ways that don’t involve tracking or the guesswork called advertising.

Improving a pain in the ass doesn’t make it a kiss. The frontier here is on the demand side, not the supply side.

Advertising may pay for lots of great stuff (such as search) that we take for granted, but advertising even at its best is guesswork. It flourishes in the absence of more efficient and direct demand-supply interactions.

The idea of making advertising perfectly personal has been a holy grail of the business since Day Alpha. Now that Day Omega is approaching, thanks to creepy shit like this, the advertsing business is going to crash up against a harsh fact: “consumers” are real people, and most real people are creeped out by this stuff.

Rough impersonal guesswork is tolerable. Totally personalized guesswork is not.

Trust me, if I had exposed every possible action in my life this past week, including every word I wrote, every click I made, everything I ate and smelled and heard and looked at, the guesswork engine has not been built that can tell any seller the next thing I’ll actually want. (Even Amazon, widely regarded as the best at this stuff, sucks to some degree.)

Meanwhile I have money ready to spend on about eight things, right now, that I’d be glad to let the right sellers know, provided that information is confined to my relationship with those sellers, and that it doesn’t feed into anybody’s guesswork mill. I’m ready to share that information on exactly those conditions.

Tools to do that will be far more leveraged in the ready-to-spend economy than any guesswork system. (And we’re working on those tools.) Chris Locke put it best in Cluetrain eleven years ago. He said, if you only have time for one clue this year, this is the one to get… A picture named not.gif

Thanks to the Wall Street Journal, that dealing may finally come in 2010.

To get started, I highly recommend installing TACO, the Targeted Advertising Cookie Opt-Out, or its fork, Beef TACO. There are other approaches, but these work for me.

What matters is that they show you at least some of the tracking activity that’s going on. And a little knowledge is better than none. (You can also block tracking as well.)

Meanwhile, this gives us more to talk about (and work on) at VRM+CRM 2010. Bonus barf. I don’t think we need legislation here (it’s too early and sure to have bad unintended consequences), but I also don’t think the Internet Advertising Bureau is operating in Reality.

[Later...] Jeff Jarvis thinks the Journal is being silly. I love Jeff, and I agree that the Journal may be blurring some concerns, off-base on some of the tech (see comments below) and even a bit breathless; but I also think they’re on to something, and I’m glad they’re on it.

Most people don’t know how much they’re being followed, and I think what the Journal’s doing here really does mark a turning point.

I also think, as I said, that the deeper story is the market for advertising, which is actually threatened by absolute personalization. (The future market for real engagement, however, is enormous. But that’s a different business than advertising — and it’s no less thick with data… just data that’s voluntarily shared with trusted limits to use by others.)

[Later still...] TechCrunch had some fun throwing Eric Clemons and Danny Sullivan together. Steel Cage Debate On The Future Of Online Advertising: Danny Sullivan Vs. Eric Clemons, says the headline. Eric’s original is Why Advertising is Failing on the Internet. Danny’s reply is at that first link. As you might guess, I lean toward Eric on this one. But this post is a kind of corollary to Eric’s case, which is compressed here (at the first link again):

I stand by my earlier points:

  • Users don’t trust ads
  • Users don’t want to view ads
  • Users don’t need ads
  • Ads cannot be the sole source of funding for the internet
  • Ad revenue will diminish because of brutal competition brought on by an oversupply of inventory, and it will be replaced in many instances by micropayments and subscription payments for content.
  • There are numerous other business models that will work on the net, that will be tried, and that will succeed.

The last point, actually, seemed to be the most important.  It was really the intent of the article, and the original title was “Business Models for Monetizing the Internet:  Surely There Must Be Something Other Than Advertising.”  This point got lost in the fury over the title of the article and in rage over the idea that online advertising might lose its importance.

My case is that advertisers themselves will tire of the guesswork business when something better comes along. Whether or not that “something better” funds Web sites and services is beside the points I am making, though it could hardly be a more important topic.

For what it’s worth, I believe that the Googles of the world are well positioned to take advantage of a new economy in which demand drives supply at least as well as supply drives demand. So, in fact, are some of those back-end data companies. (Disclosure: I currently consult one of them.)

Look at it this way…

  • What if all that collected data were yours and not just theirs?
  • What if you could improve that data voluntarily?
  • What if there were standard ways you could get that data back, and use it in your own ways?
  • What if those same companies were in the business of helping you buy stuff, and not just helping sellers target you?

Those questions are all on the table now.

VRM + CRM 2010

So that’s the logo for the first VRM+CRM workshop, which will happen on 26-27 August, at Harvard Law School. It’s free. You can register here.

ProjectVRM, which I’ve been running as a fellow at Harvard’s Berkman Center has been growing nicely over the past four years, and is on its way toward becoming an independent entity. (It will exist, as always, to support a community of developers and interested parties outside of the project itself.) It’s funny, I remember Jeremie Miller, who encouraged me to choose VRM (before it had that name) as my Berkman project when I started out in late summer of 2006, telling me “it will take five years.” Meaning that’s generally how long any new world-changing development effort spends in the quiet shadows before it breaks out into the open and starts taking off. (If it does at all.) That’s about how long it took for Jeremie’s own Jabber/XMPP efforts. (He predicted five years at the beginning of that too, and he was just a kid then. Wise dude.)

I’ve liked keeping VRM in the shadows, because I felt that code mattered more than anything. Code talks. Buzz walks. And I say that even though I’m not bad at generating buzz when I need to. Now the code base is growing enough that many of us feel a need to start talking about it. Especially to potential partners in the business world.

We’ve described VRM as the “reciprocal” of CRM at various times. It’s much more than that, actually. Its tools that give individuals independence from others, yet useful means for engaging with others — especially organizations, and among those especially sellers. But the core elements are individuals and independence.

I’ve also seen VRM from the start as fundamentally an open source effort, not a commercial one. I also saw open source tools, with their high use-value, having enormous leverage into sale-value for any company selling products or services based on those open tools. This would include, among other things, many fourth-party services — itself another whole new category.

CRM in the meantime has grown to become a $15-billion business. It has also lately enlarged its intrest to include Social CRM. Our friend Paul Greenberg has written extensively on both, and is the driving force behind Destination CRM next week in New York. (Which I hate to miss, but have a prior commitment elsewhere.) Since VRM will be a topic at Destination CRM, and we can get space here at Harvard before the students come back, we put together the workshop to follow at the other end of the same month.

The workshop is for VRM and CRM developers and other interested parties (such as CRM customers) together to start building out the common ground between them. The nature of relationship is to exist between and apart from both parties. Neither controls the other. Both work together, in a common space between the two. We haven’t had that space before. The default on the CRM side (and one that predates CRM itself) is for vendors to control relationships with customers. What VRM proposes is that neither controls the other, but both manage the space between them, in mutually beneficial ways.

The workshop will mostly be an unconference, though there will be some opening briefings by VRM and CRM folks, to set the stage for sessions to follow. Here are a few of the topics and questions I expect will come up. (These are copied over from a post I just put up over on the ProjectVRM blog.) –

  • Terms of service. How can we get past the legal hurdles and shackles that inconvenience both buyers and sellers when they get acquainted?
  • Privacy policies. How can we reduce the suspicions and frictions that these involve?
  • Personal data. What tools, methods and services are being developed for individuals to keep track of data they generate or is being kept by sellers and other parties? What means do we have for sharing or exchanging that data in secure and trustable ways?
  • Signaling. What new methods will both individuals and organizations have for notifying each other of interests, intentions, policies, preferences, or changes in any of those? How can we make these common across the industry, rather than different for every organization?
  • Self-tracking and personal informatics. What vendor-independent means are being developed for individuals to keep track of their own personal data, and manage it?
  • Interactive shopping. The Live Web we saw coming in 2005 is here. So is the mobile one. Combine those facts with the ability to issue personal RFPs (or just to publish your shopping list to trusted retailers and fourth parties), and what do you get?
  • Search. What new paradigms for searching are being developed, especially in the context of all the topics above?
  • Non-coercive loyalty. What ways are being developed for individuals to express and manage their own forms of loyalty to sellers and other organizations? How can this improve existing loyalty programs?
  • Personal RFPs or Advertising in Reverse. How can individual customers notify whole market categories of their intent to purchase a product, safely and securely, without inviting a torrent of promotional jive in response?
  • Leveraging base-level protocols, standards and tools. There are hundreds of thousands of free and open source tools, protocols and other goods already in the world, ready to serve as free building materials and guidelines. What can we use of these, and what new ones do we need? What new ones are in development on the VRM side?
  • Reducing MLOTT — Money Left On The Table. In our current system, a huge sum of demand goes un-met because of the the means for communicating interest and availability are on the supply side. How (including the means listed above and others) can we equip demand to notify supply of money ready to be spent? In the old days this was seen as “lead generation” by suppliers. But now it’s time to get past that.
  • Tie-ins with SCRM. Social CRM is the hottest topic in CRM. How can VRM connect with and through social networking? Important question: Should “social” be restricted to just what can be done through Facebook, Twitter and other commercial services?
  • Patient-driven health care. How can individuals be the collection points for their own health data, and the point of origination for what gets done with it?
  • API symphonics. The commercial world is increasingly building around a collection of interconnected APIs, or Application Programming Interfaces. Many CRM systems are built around their own APIs. VRM will surely connect into many APIs. How should we be thinking about and guiding evolution here?
  • The oppposite of cookies. Sites and companies of all kinds have been keeping track of customers through cookies since the mid-’90s. How can customers do the same with their suppliers?

Feel free to add your own, correct these, or make other recommendations.

More details on the event wiki page.

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So I get an email from The River: Integrating Web Intelligence, subtitled “Bridging the Web and Physical Channels”. The first section is this:

1. Audio Tweet 4 min. :

Clickstream Trust / Privacy in Telcos – Part 1/4 in the “Who owns Clickstream data?”

paulmagelli

Series – Courtesy of TelecomTV’s Main Agenda Interactive

Paul Magelli – Nokia Siemens, Head of Subscriber Data Management, Nokia Siemens Networks

I’m interested in the subjects — privacy, telcos, data ownership (or whatever we’d rather call it), clickstreams, Nokia — and Paul looks like a nice guy, so I click on the link (the one above) and it takes me to a page that says I have to be a member to get in.

Why? Am I a member already? I dunno. So I do a search for teradatariver.com in my email pile and find that the current email is the fourteenth since November. Before that there is only one email: an invite from somebody I know, a couple weeks before the emails started. Did I respond to the invite? I click on the link in the email. Teradatariver.com comes up and says the invite has expired.

I don’t know what to do with all that, so I write about it here… last January. That is, everything above this is a draft I started in January, when it was front burner for a minute two and I cared about it. I just discovered the draft and decided to post it rather than throw it away. Who knows, maybe it’ll do some good.

This graphicapple revenue progress, of Apple’s revenues per quarter, broken down by products, tells several stories at once. One is that the iPhone remains huge. (I was amazed by how many I saw in the UK and France.) Another is that the iPod may be getting a bit stale. But the big one is the sudden size of the iPad business.

We have one, a 3G model that arrived when we were in Paris in June. It was nice-to-have but something short of its full promise until a friend in Paris got us a 2Gb SIM so the unit became useful outside of our apartment’s wi-fi zone. (Orange, Apple’s carrier partner in France, requires of Americans a French bank account — just one of many vexing problems with 3G outside anybody’s home country. It’s a freaking mess.) With that SIM, the difference became absolute. Now we could look at maps, shop, and read about topics of immediate local interest, live and on the spot, anywhere. (Even in the subways.) The iPad is much faster than the iPhone and much more convenient than a laptop or a netbook. Form-factor wise, it’s a whole new category.

The question is, can anybody else top it, or even compete with it? Certainly somebody should. Here’s what I’d recommend.

First, a second unit with a smaller form-factor: about half or two thirds the size of the iPad. There’s a need for something that’s bigger than a phone but smaller than the current iPad, which is a bit too large for most purses.

Second, freedom from anybody’s silo. Apple has done it’s vertical thing here. Now it’s time for the horizontal one. In product categories, the horizons are always wider than the skies are high.

Third, featuring the 3G or 4G model, rather than regarding it as a premium exception. This also means working energetically to expose and break down the national boundaries to mobile carrier data plans. We desperately need the phone system to become a data system that also does telephony, rather than the reverse. (More about those in another post.)

Fourth, better speaker(s). The iPad actually sounds quite good, for a speaker that talks out of the same flat hole that’s plugged by the power connector (just like the iPhone).

Fifth, two microphones, for binaural recording. This is hugely under-rated as a feature, and generally ignored by portable gear makers. With binaural recording, you get a you-are-there sound field when listening to the recording with headphones. Related idea: two cameras, for shooting in 3D. The latter would also be a cool peripheral.

Sixth, make the ‘pad a production and not just a consumption device. Shooting and/or editing video, and uploading it to a server on the spot, would be a way cool use for the thing.

Of course, consumer electronics makers are notorious copy-cats. But what they need to do is zig here where Apple zags. There’s infinite room.

Nice production on consumption

At Consumer Choice, Judi Clark has a nice interview with Jerry Michalski, Tara Hunt and myself. I learned a lot. Highly recommended.

Marketing Needs To Stop Its BS and Wake Up, the headline says.

True.

The bottom line: “At the end of the day, audiences have moved on and their expectations have changed. The next five years will see drastic changes in the way organizations engage with their audiences. It’s not a choice anymore. These are the ‘cluetrain’ years.”

Yes, but what will change most is how ‘audiences’ engage with companies.

r-buttonFor r-buttonone thing, we’re not ‘audiences’ any more. And we’re not here for the show. We’ll have our own ways of engaging, and they won’t just be through “social media” that are privately owned and we don’t control. In fact, those ways might include the symbols you see here. You’re on the left, and the company you’re engaging with is on the right. If that company believes a free customer is more valuable than a captive one, the symbol appears, or turns from gray to red.

For more on all that, go to Cooperation vs. Coercion, which I posted on the ProjectVRM blog this morning. Also see three other posts on this blog from a couple days ago. Pointers to those are here.

If you’re a marketer, and you want some fresh clues about how the tide is turning, take the time to read through those. They’re not gospel, just some blog posts. But they point in a direction, and it’s not toward marketing as usual, even if that marketing is called “social”.

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The sign above points to the toilets of the cafeteria at the Musée de l’Armée in Paris. The Kid and I were at the museum a couple days ago, and he spotted the sign, insisting I shoot it. So I did, and here we are.

Now, lest you think that “consumers” is bad Franglish for “customers,” here’s the same sign in French:

Looks to me like a literal translation.

And, it also seems to me, the term “consumer” is far more deeply embedded in Europe than it is in the U.S. Here (I’m back now) I can ask people to say “customer” instead of “consumer,” and they don’t have much trouble with switching. In Europe (especially in the U.K.) it’s harder. I don’t know why.

Still, I think the literal meaning of the word is an issue, and has been for some time. Here’s John Perry Barlow, in Death From Above, his March, 1995 Electronic Frontier column for Communications of the ACM:

Over the last 30 years, the American CEO Corps has included an astonishingly large percentage of men who piloted bombers during World War II. For some reason not so difficult to guess, dropping explosives on people from commanding heights served as a great place to develop a world view compatible with the management of a large post-war corporation.

It was an experience particularly suited to the style of broadcast media. Aerial bombardment is clearly a one-to-many, half-duplex medium, offering the bomber a commanding position over his “market” and terrific economies of scale.

Now, most of these jut-jawed former flyboys are out to pasture on various golf courses, but just as they left their legacy in the still thriving Cold War machinery of the National Security State, so their cultural perspective remains deeply, perhaps permanently, embedded in the corporate institutions they led for so long, whether in media or manufacturing. America remains a place where companies produce and consumers consume in an economic relationship which is still as asymmetrical as that of bomber to bombee.

Eating isn’t a bad metaphor for what we do with the products we buy. But it’s not all we do. For example, I’m writing this on a computer. Is “consuming” all I did with that computer when I bought it? And what about the writing I’m doing now? Writing is production, not consumption. In fact, much of what we do with our electronic devices involves producing information rather than consuming it.

And is information something we consume? Or is it something else? Here’s what I wrote for my chapter of Open Sources 2.0:

Several years ago I was talking with Tim O’Reilly about the discomfort we both felt about treating information as a commodity. It seemed to us that information was something more than, and quite different from, the communicable form of knowledge. It was not a commodity, exactly, and was insulted by the generality we call “content.”[1]

Information, we observed, is derived from the verb inform, which is related to the verb form. To inform is not to “deliver information,” but rather, to form the other party. If you tell me something I didn’t know before, I am changed by that. If I believe you and value what you say, I have granted you authority, meaning I have given you the right to author what I know. Therefore, we are all authors of each other. This is a profoundly human condition in any case, but it is an especially important aspect of the open source value system. By forming each other, as we also form useful software, we are making the world, not merely changing it.

The footnote goes to this:

I had the same kind of trouble when I first started hearing everything one could communicate referred to as “content.” I was a writer for most of my adult life, and suddenly I was a “content” provider. This seemed ludicrous to me. No writer was ever motivated by the thought that they were “producing content.” Their products were articles, books, essays, columns, or (if we needed to be a bit more general), editorial. “I didn’t start hearing about `content’ until the container business felt threatened,” John Perry Barlow said.

“Consumer” is the noun form of the verb to consume. Here’s what Dictionary.com says consume means:

con·sume

–verb (used with object)

1. to destroy or expend by use; use up.
to eat or drink up; devour.
3. to destroy, as by decomposition or burning: Fire consumedthe forest.
4. to spend (money, time, etc.) wastefully.
5. to absorb; engross: consumed with curiosity.

–verb (used without object)

6. to undergo destruction; waste away.
7. to use or use up consumer goods.

So what does #7 say? That there is a class of goods meant to be destroyed or expended by use? Well, yeah.

Are we past that? I hope so. We certainly have more reason to be.

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At ProjectVRM we call EmanciPay “a relationship management and voluntary payment framework in which buyers and sellers can present to each other the requirements and options by which they are willing to engage, or are already engaging”. These include preferences, policies and choices about what to pay and how. (Actual payment would be carried out by PayPal, Google Checkout or some other system built for the purpose.)

All of this is new stuff for buyers, and we’re not building it all out at once. In fact, we’re starting with a small piece of code for the seller’s side, so they can signal willingness to engage with buyers in the free and open marketplace, rather than only in the sellers’ own silos. If they want to signal that willingness (which we might call “VRM-friendliness”), they’ll include a bit of RDFa code in their Web pages. If that code is present, the seller’s r-button goes from a default gray to red. If the user already has a relationship (or has had some other interaction) with the seller, the buyer’s side r-button also turns red. So, in this mocked-up example —

— I can see that KQED is VRM-friendly, and that I already have had some kind of dealings with the station.

Right now the code for both sides is in the works, and is also a Google Summer of Code (GSoC) project. It builds to a large extent on Tipsy, described as a “a framework for voluntary donations to bloggers, musicians, and other content creators on the web”. Tipsy is the creation of Oshani Seneviratne and Adam Marcus, both grad students at the MIT Computer Science and Artificial Intelligence Laboratory (CSAIL), whom I got to know through David Karger, a professor at CSAIL, whom I got to know through Keith Hopper, who fathered ListenLog. Our GSoC programmer is Ahmad Bakhiet, a student at Kings College London.

When we’re through with the current stage, we’ll be ready to test out the seller’s side code with stations (or with anybody), which will include means for deciding what happens when the user clicks on the right-side r-button. What matters most at the first stage is the signal of VRM-friendliness, which is a huge state-change form the old silo’d business-as-usual. What it says is “I’m open to what you bring to the market space between us, and to a potential relationship.”

We have this in the real brick-and-mortar commercial world, but not in the e-commerce world, for the simple reason that we have lacked mechanisms for creating the open market spaces between buyers and sellers — the space in the middle here:

Phil Windley of Kynetx gives a perfect “History of E-Commerce” slide in his talks. It goes,

1995: Invention of the cookie.

The End.

Cookies are bits of code that sites put in your browser to help them remember stuff about you. These are handy in many ways, but they also put all responsibility in the hands of those sites — of the sellers.

And if you want to do serious shopping, you can’t just put down cash or a credit card, do your business and walk away. No, you have to register. And to do that you need to accept terms of service that are known in the legal trade as contracts of adhesion. These are usually not read by users for several reasons, the most important of which is that they are not negotiable. Whether or not they are unconscionable, or enforceable, is beside the point. If you want to do business, you have to agree.

Where contracts of adhesion apply, markets are not conversations.
Needing to accept these contracts is a big source of friction in the online marketplace. It’s one of those areas where things are slower online than off. It is also therefore one of those areas where the better model is the familiar offline brick-and-mortar one. (In fact, one could argue that loyalty cards bring to the brick-and-mortar world one of the more annoying inventions of online retailing.)

So that’s a big part of EmanciPay’s challenge, and something we’ve been working on at ProjectVRM. What we’re working to create is a two-sided approach to eliminating the need for users to accept one-sided contracts. We’re creating code with easily-understood wording and symbols, which can be read by lawyers, ordinary users, and machines (ideals first articulated by Creative Commons.) This code can be used for expressing preferences, policies and bases on which each side can trust the other. There’s much more that can go on both sides, but those are a start.

When you click on the seller’s r-button in EmanciPay, you might see a pop-down menu that looks like this:

The new item there is the symbol I’ve labeled “terms”. It’s one half of the iconic “scales of justice.” A similar one might be on the buyer’s drop-down menu as well. Also there might be preferences, standing requests for products or services, links to personal data stores, or whatever we feel like putting in there.

We see the r-buttons and their affordances as places where both the buyer and the seller (or the individual and any organization — this needn’t be limited to commercial settings) can offer, selectively, means of engagement and the data required.

But one of the first jobs here is to get the paranoid lawyers out of the room and the engagement-oriented ones in the room, to help describe new terms of engagement that yield little or nothing in real protection, while offering means for engagement that reduce or eliminate the frictions to which we have become too accustomed over the last fifteen years.

While we’re still baking EmanciPay, I want to visit some questions about what my actual or potential interactions with KQED, WBUR, WWOZ and other stations on my ListenLog might be. There are many possibilities here. One might be to take a budget that I pay down proportionately through time. Another might be to just throw some money now and then at sources of programs that I’ve found especially good — or that I like right now, for that matter. We can be real-time about this. Another might be to pledge money to stations where which I spend more than X amount of time. The list can go on.

I can also, at my discretion, also share some or all of my data with stations and other parties (such as program hosts or producers).

And I can also open myself to programmatic approaches, created by other parties, that work inside the EmanciPay framework. The possibilities are endless here, and suggestions are welcome.

At this stage we plan to test out and play with EmanciPay at first by using Tipsy‘s lottery model. In this one, listeners pay one source, on (say) a monthly basis, with the source being chosen as the winner of a lottery. In other words, if you look at the list of stations on my ListenLog, I would budget $X per month to pay out to some lucky public radio station. Code on the station’s side (the same code that lights up the seller’s r-button) would make them eligible for winning my monthly lottery. At the end of the month, the lucky station gets paid. Get enough listeners and stations involved, and we can have some fun with it.

But that’s just a small first step. The ones that follow will shake down richer and more symmetrical, involved and cross-informative relationships between stations and listeners — and then expand out into other territory, I hope starting with the music industry. From there we can move on to other content industries, and then to the broader marketplace in general.

If all goes according to plan, r-buttons will be commonly used and well-understood symbols. Of course, plans can change. Alternative ideas are sure to emerge, along with many improvements to this one, which is among many others in the VRM movement. It just happens to be the one I’ve been working on most.

Meanwhile, big thanks to to Vince Stehle (who has moved on from Surdna, but made the grant happen when we needed it most), to Keith Hopper and NPR, to Jake Shapiro and the crew at PRX, to many other friends in public radio (and to ones in free commercial radio as well, such as Bill Goldsmith of Radio Paradise), to Daniel Choi, Oshani Seneviratne, Adam Marcus, Ahmad Bakhiet and other helpful programmers, to the VRM community, and to the Berkman Center, which has kept faith with me and with ProjectVRM through the years required to get things off the ground.

We’re still getting started here. But we’ve come a long way too.

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In the last post we talked about price.

There’s a broad class of goods that either have no price, or that you can get for free whether they have prices or not. These include all digitized media goods. Most notoriously, these include music and videos, which can be uploaded and downloaded with little friction, even if doing so is illegal. This fact of early Internet life has presented an extreme challenge to “content” industries in general, and to the music industry in particular. You might say that the old container approach crashed, and most attempts since then on the industry side have consisted of creating new containers or raising costs to customers of violating the old ones — mostly by taking what the industry calls “pirates” to court.

At ProjectVRM we have plans for the music business, but first we’d rather work with a smaller industry that welcomes our participation, that hasn’t lost business to freeloaders (because giving the goods away is what they’ve done all along) and that has been working with ProjectVRM from the start. That industry is public radio.

The goods here are free for the taking but worth more than $0 — a claim substantiated by payments from listeners to stations for goods from NPR, PRI, American Public Media, PRX and other producers, as well as from the stations themselves. Business here isn’t bad. And public radio has embraced the Internet far more eagerly than most commercial content producers and distributors. Still, only about ten percent of listeners contribute, so there’s plenty of room for improvement.

So the challenge we’ve given ourselves is raising that percentage, while also starting to model the free and open marketplace described above. With help from the Surdna Foundation (working through PRX and the Berkman Center) we began developing two VRM tools that put functionality behind r-buttons. The first is ListenLog. The second is EmanciPay.

ListenLog is the brainchild of Keith Hopper, who works with NPR. Keith and I saw two goals for the program. One was to enable self-tracking as something individuals do for themselves (rather than having some organization do it for them). The other was to give listeners a way to know what they value, find their way back to it, and otherwise do whatever they like with it — including making decisions about what to pay for the goods themselves. (For more about self-tracking, read Self-trackKevin Kelly and Gary Wolf of The Quantified Self.)

As it happened a number of public radio institutions were working together on a free public radio player (originally called a tuner), for the iPhone. To make a long story short, the first generation ListenLog is now included with the Public Radio Player, which lets you tune in hundreds of different stations, plus “on demand” programs (basically podcasts stored in the cloud). ListenLog keeps track of your listening through all of them, and provides three different views:

  1. Current ongoing log
  2. Stream Listening Summary
  3. Program Listening Summary

— along with ways to export and delete data.

ListenLog is open source, and we’d love to see it used alongside other apps on other devices, and to model logging of all kinds of stuff (such as music).

So far the Public Radio Player has had more than 2.5 million downloads, which means there’s some chance you already have it, if you’re an iPhone user. If you don’t, and you listen to public radio, get one, check out ListenLog and offer feedback and suggestions below. Or, if you’re an open source developer, help us out.

Once you have the app, go into Settings, activate logging, and follow the results. You do that by clicking “more” on the bottom right tab of the Player, which goes to the page on the right.

Below are three screen shots of my own logs. These bring up questions that EmanciPay can help answer.

First, my current log:

Second, my Total Listening Time Per Stream:

Third, my Total Listening Time Per Program:

As logging applications go, this one is primitive. In fact, that’s one of the ideas behind it. We want others to take and improve on the ideas (and/or the code)_ behind it, and to put it to new uses.

This is where EmanciPay comes in. That’s the subject of our next piece, the third in this series.

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Let’s start by asking this question:

Is Google becoming the world’s biggest SEO company?

That question popped into my mind after reading The Google Algorithm, an editorial in Wednesday’s New York Times. It begins,

Google handles nearly two-thirds of Internet search queries worldwide. Analysts reckon that most Web sites rely on the search engine for half of their traffic. When Google engineers tweak its supersecret algorithm — as they do hundreds of times a year — they can break the business of a Web site that is pushed down the rankings.

— and then goes on about the company’s “pecuniary incentives to favor its own over rivals” and how “the potential impact of Google’s algorithm on the Internet economy is such that it is worth exploring ways to ensure that the editorial policy guiding Google’s tweaks is solely intended to improve the quality of the results and not to help Google’s other businesses.”

The framing here is business. That is, the Times is wringing its  hands about Google’s influence over businesses on the Web. That’s fine, but is business all the Web is about? Is the “Internet economy” limited to businesses with Web sites? Is it limited to the Web at all? What about email and all the other stuff supported by Internet protocols? Have the Internet and the Web, both creations of non-commercial entities and purposes, turned entirely into commercial places? The Times seems to think so.

Google’s dominance of the search business is an interesting problem, but it’s also something of a red herring. Seems to me the bigger problem is what the search business — which consists entirely of advertising — is doing to the Web.

Ever since Google invented AdSense, making it possible for advertising to appear on websites of all kinds, there has been a rush to riches, or at least toward making a few bucks, by grabbing some of that click-through money. That’s what SEO (Search Engine Optimization) is mostly about. As a result the number of websites that exist mostly — or entirely — to make advertising money, has grown. I’ve been looking for numbers on this and can’t find any, but I’ll bet that the non-commercial slice of the Web’s total pie has been shrinking, and the portion paid for by advertising (or just looking to make money on advertising) has been growing.

Thus it makes sense that Google will care more about that growing slice of the Web’s pie, and less about the non-commercial stuff. I’m not saying that’s the case. It just seems to me that the Web is more about advertising than ever, and a lot more of that gets in the way of what we might be looking for — especially if what we want isn’t advertised.

So that’s one thing. Here’s another: Adam Rifkin‘s Pandas and Lobsters: Why Google Cannot Build Social Applications. Very insightful and interesting piece. Not sure I agree with all of it, but it does make me think — about malls.

Remember back when e-commerce was new, in the mid-90s? Seemed like all the big guys and wannabes wanted to build malls on the Web. It was wacky, because the Web isn’t a farm on the edge of town that you can pave and put a bunch of stores on. It’s a wide open space. But an interesting thing has happened here, fifteen years later. “Social” sites are malls. They’re places people go to hang out and buy stuff. They’re enclosed, separate. Big and accomodating. Fun to be in. But private. Here’s a long quote from Adam:

Facebook is a lobster trap and your friends are the bait. On social networks we are all lobsters, and lobsters just wanna have fun. Every time a friend shares a status, a link, a like, a comment, or a photo, Facebook has more bait to lure me back. Facebook is literally filled with master baiters: Whenever I return to Facebook I am barraged with information about many friends, to encourage me to stick around and click around. Every time I react with a like or comment, or put a piece of content in, I’m serving as Facebook bait myself. Facebook keeps our friends as hostages, so although we can check out of Hotel Facebook any time we like, we can never leave. So we linger. And we lurk. And we luxuriate. The illogical extreme of content-as-bait are the Facebook games where the content is virtual bullshit. Social apps are lobster traps; Google apps do not bait users with their friends.

Quora is restaurant that serves huge quantities of bacn and toast. Quora is a dozen people running dozens of experiments in how to optimally use bacn to get people to return to Quora, and how to use toast to keep them there. Bacn is email you want but not right now, and Quora has 40 flavors of it that you can order. Quora’s main use of Bacn is to sizzle with something delicious (a new answer to a question you follow, a new Facebook friend has been caught in the Quora lobster trap, etc.) to entice you to come back to Quora. Then, once you’re there, the toast starts popping. Quora shifts the content to things you care about and hides things you don’t care about in real-time, and subtly pops up notifications while you’re playing, to entice you to keep sticking around and clicking around. Some toast is so subtle it doesn’t even look like a pop-up notification — it just looks like a link embedded in the page with some breadcrumbs that appear in real-time to take you to some place on Quora it knows you’ll find irresistible. For every user’s action, bacn’s and toast’s fly out to others in search of reactions. (Aside: if I were Twitter, I would be worried. Real-time user interfaces are more addictive than pseudo-real-time interfaces; what if Quora took all of its technology and decided to use it to build a better Twitter?) Social apps are action-reaction interaction loops; Google apps are designed just for action.

I really don’t care that Google sucks at social apps (if that’s true, and I’m not sure it is… not totally, anyway). What I care about is that all this social stuff happens in private spaces. Maybe there’s a better metaphor than malls, but I can’t think of one.

Oh, and how do these malls make their money? Advertising. Not entirely, but to a large extent.

The problem with that is what it has always been. Advertising is guesswork, and most advertising is wasted, even when advertisers only pay for click-throughs. The misses far outnumber the hits, and that’s a lot of waste — of server cycles, of bandwidth, of time, of pixels, and of rods and cones in the backs of our eyes. Ad folks calls the misses “impressions,” but who’s impressed?

It helps to remember what the Web  was in the first place — and what the Web is still for. Nobody has ever explained that better than David Weinberger, in a Cluetrain Manifesto chapter called The Longing. David wrote that in 1999. Like other fine antiques, it only gets more valuable with age. And with the degree to which modern forms depart from old and better ideals.

[Later...] There’s always a bigger picture, of course. I love this one from Ethan Zuckerman, whose has been spreading my horizons for a long time and keeps getting batter at it.

If you want to get the most out of your Verizon FiOS (fiber to the home) Internet connection, here are your top two tiers:

FiOS tiers

I have the one on the left, and that’s what I’m paying for it. The service is rock-solid and reliable. So is support, as rarely as I’ve needed it.

But when I go to work, my upstream speeds are higher — up to 100 Mbps. I get more done. And I’m not the only techie who appreciates high upstream speeds. Boston is the world’s biggest college town, and full of other industries (pharma, big science, finance) that are staffed by professionals that could use the speed too.

But Verizon does this weird thing with the next tier up: they cut back the upstream speed from 25 Mbps to 20 Mbps. At double the price. WTF is that all about? When I ordered the 25 Mbps tier several months ago, the guy on the phone told me the reason was “just marketing.” He also said “We could give you 100Mbps tomorrow and blow everybody else out of the water.”

So why not?

Oddly, all of FiOS’ “Triple Play” (Internet + TV + phone) bundles here have relatively low Internet speeds, compared to the two tiers above. If the Net is your main interest, you might be better off without the TV and the phone. (In fact, we had the other two “plays” we got FiOS originally, and dumped them later, mostly because  we hardly used them.) If you view more bundles, your best speeds are still just 25/25Mbps.

My request (and advice — and companies do pay me for this stuff) to Verizon is to do two things:

  1. Come up with a sensible offering — one that doesn’t subtract upstream value at twice the price.
  2. Try localizing a bit. Boston isn’t Red Bank. (And no offense to that town or other FiOS service areas.) See what happens when you super-serve a region with an offering that makes sense for it.

Maybe Verizon is doing that, sort of, with its business offerings. But getting to the actual offerings requires many clicks and filling out forms. Where I finally arrived in my latest hunt was a page with this set of choices:

First, this is much better than what I remember about my last look at FiOS business deals.

Second, that 35/35 offering is attractive.

Third, once again, we have an upstream speed drop when you go to the highest tier.

Fourth, the “static” offering is poorly explained. What this means is a real IP address, rather than one dynamically assigned by the router. This is real Internet stuff, so the customer can, say, run a server. (The copy does say “host websites.”) But, unless I’m missing it, nowhere does it say how many IP addresses the customer gets. For customers who care about this stuff, that’s the first question that will come up.

Fifth, the examples are poor. Here are some of the things that serious professional customers might care about:

  1. Offsite storage or backup
  2. Virtual computing in the cloud, such as with Amazon’s EC2
  3. Running servers in a co-lo or some other heavy-lifting environment
  4. Remote rendering, such as RenderCore

Verizon (or any ISP) could offer any of those services locally themselves, taking advantage of low latencies. In fact, in some cases that can be a huge advantage, and therefore a selling point.

Again, the service I’ve had all along with FiOS (going on three years now) has been solid and good — so good, in fact, that I miss it a lot when I’m gone. (Such as with this example here.) I just want it to be better. Hope this helps.

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There are two essential concepts of location for the World Wide Web. One is you: the individual, the reader, the writer, the customer, the singular entity. The other is the World.

I live and work mostly in the U.S. I also speak English. My French, German and Spanish are all too minimal to count unless I happen to be in a country that speaks one of those languages. When I’m in one of those places, as I am now in France, I do my best to learn as much of the language as I can. But I’m still basically an English speaker.

So, by default, when I’m on the Web my language is English. My location might be France, or Denmark or somewhere else, but when I’m searching for something the language I require most of the time is English. That’s my mental location.

So it drives me nuts that Google sends me to http://google.fr, even when I log into iGoogle and get my personalized Google index page. When I re-write the URL so it says http://google.us, Google re-writes it as http://google.fr, no matter what. On iGoogle I can’t find a way to set my preferred language, or my virtual location if it’s not where I am right now. I can’t do that even when I have Google translate, instantly, in my Google Chrome browser, the page text to English. (I’m sure there’s a hack, and I would appreciate it if somebody would tell me. But if there is why should it be so hard?)

Bing comes up all-French too, but at the bottom of the page, in small white type, it says “Go to Bing in English”. Nice.

So now, here in Paris, I’m using Bing when I want to search in English, and Google when I want to search for local stuff. Which is a lot, actually. But I miss searching in English on Google. I could ask them to fix that, but I’d rather fix the fact that only they can fix that. Depending on suppliers to do all the work is a bug, not a feature.

What matters is context. I’m tired of having companies guess at what my context is. I know what my contexts are. I know how they change. I want my own ways of changing contexts, and of informing services of what those contexts are. In some cases I don’t mind their guessing. In a few I even appreciate it. But in too many cases their guesses only get in the way. The Google search case is just one of them.

(disclosure: I’ve done work for Phil) gives a talk in which he provides a brief history of e-commerce. It goes, “1995: Invention of the cookie. The End.” Thanks to the , we have contexts — but only inside each company’s silo. We can’t provide our own contexts except to the degree that each company’s website allows it. And they’re all different. This too is a bug, not a feature. (Just like carrying around a pile of loyalty cards and key tabs is a bug. Hey, I know more about who and what I’m loyal to than any company does — and I’d like my own ways of expressing that.)

At this moment it is commonly believed that the contexts that matter most are “social”. This is defined as who my friends are, and where I happen to be right now. This information is held almost entirely by commercial services: Facebook, Twitter, Google, Foursquare, Groupon, Blippy and so on. Not by you or me. Not by individuals, and not independently of all those services. This too is a bug. Who your friends and other contacts are is indeed a context, but it should be one that you control, not some company. Your data, and how you organize it, should be the independent variable, and the data you share with these services should be the dependent variables.

Some of us in the community (including Phil and his company, ) are working on context provided by individuals. In the long run these contexts can work for any or all commercial and non-commercial institutions we deal with. I expect to see some of this work become manifest over the next year. Stay tuned.

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The backlash against “personal branding” has begun. I saw it first in this post by Yvonne in BlogHer.  Now you can feel the line begin to whip with Manifesto: I am Not a Brand, by Maureen Johnson, also in BlogHer. Bravo.

The pull quote: “We can, if we group together, fight off the weenuses and hosebags who want to turn the Internet into a giant commercial.”

My own take is here.

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Starbucks Announces Free Wi-Fi, Proprietary Content Network, the headline says, in a story by Eliot Van Buskirk in Wired. Some quotage:

“Free Wi-Fi is in my mind just the price of admission — we want to create … new sources of content that you can only get at Starbucks,” chairman and president and CEO Howard Schulz told the Wired BusinessConference. “This is a thing that doesn’t exist in any other consumer marketplace in America.”

Starbucks hopes to make money from these initiatives indirectly, by “enhanc[ing] the experience” and making the content “so compelling that it drives incremental traffic,” said Schulz as he announced the new initiative at Wired’s Disruptive by Design conference on Monday…

Each customer must log in to Wi-Fi and the Starbucks Digital Network with a unique identifier, so Starbucks won’t only know where you are, but who you are, potentially allowing for targeted messaging to offset cost further. Focus groups have been quite receptive to the free Wi-Fi and local content customers will get in return, says the CEO.

So, where will all of this content come from? Especially, when Starbucks wants it to be updated multiple times a day, so people always see something new.

In addition to the inked partnership with Yahoo, Starbucks is talking to AOL’s Patch.com content-creation division about having it create customized content for the network. In addition, the network will include free online access to the Wall Street Journal, with a percentage of subscription revenue generated when coffee drinkers decide they want to access those articles elsewhere, too.

Salivating yet? Me neither.

The last thing I want from Starbucks — or any store, for that matter — is a target on my back. I do not wish to be tagged like an animal and tracked by marketers. The only identifier I want from Starbucks is the one I give them to call out when my coffee is ready. And that may not even be my name.

The free online access to the Journal is a nice deal, since the paper, both online and off, is freaking expensive. The “proprietary local content” is a big so-what. Sure, Patch.com is good at what it does, as is WickedLocal.com. But both are already free on the Web. And it’s unlikely that local journalists are going to want to go to work for Starbucks, especially for the money they’re not likely to make.

To me Starbucks has three problems, at least two of which Schultz has addressed already and needs to address again. One is the continued belief by its employees that a cappuccino is one ounce of espresso and ten ounces of milk in a twelve ounce cup. Another is selling too much stuff that’s not coffee. The third is music that’s too loud.

Visit any Peets. There the problem is that all the seats are taken. At most Starbucks they aren’t. (Far as I’ve seen, anyway.) The simple reason is that Peets makes better coffee.

It also annoys me that the Wired story lacks links to Patch.com and the Journal.  It also forces me to copy this, even though it’s not visible in the story’s print:

Read More http://www.wired.com/epicenter/2010/06/starbucks-announces-free-wi-fi-proprietary-content-network/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29#ixzz0quYSZGhb

I hate that. I also don’t know how Wired does that, nor do I want to take the time to know it, though I probably will, so I can hate it more specifically.

Bonus link, via Bruce Sterling.

The Onion: Starbucks To Begin Sinister ‘Phase Two’ Of Operation.

Branding has jumped the shark. The meme is stale. Worn out. Post-peak. If branding were a show on Fox, it would be cancelled next week.

I can witness this trend by watching links going to three posts I made last month:

The latest to point this direction is People Aren’t Brands, by one of these guys here (I see no byline) in UKSN, the UK Sports Network. After pointing generously to the second of the posts above, they say,

In the current business world, brands aren’t human beings. They should be, and any social media practitioner worth her salt will be working damn hard with their clients to try and make them more so, but as it stands they are companies, corporate vehicles which are not set up to deal with human error…the kind we are all susceptible to, especially some high profile celebs.

Well, all due respect (and UKSN deserve plenty), brands aren’t people. True, it’s good to humanize companies, turn them inside out, tear down the walls of Fort Business, and otherwise cut out the pro forma BS that tends more commonly to bottle up a company’s humanity than to celebrate and leverage it. But doing that isn’t branding. It’s just good sense.

True, branding is a helpful way to align a company’s distinctions with its identity, or to make it more attractive, memorable and stuff like that. But it matters far less than a well-earned reputation. Consider these statements:

  • Nike has a reputation for making good shoes.
  • Apple has a reputation for making artful technology.
  • Toyota has a reputation for making reliable cars.

Now let’s re-phrase those using the word “brand” instead of “reputation.”

  • The Nike brand makes good shoes
  • Apple is the brand for artful technology.
  • Toyota is the reliable car brand.

Two points there. First, it’s hard to re-phrase reputation as brand, no matter how you put it. Second, branding is not positioning. By that I mean it would be easier to make positioning statements about any of those companies than to make a branding statement.

That’s because brands are nothing but statements. At best they are a well-known and trusted badge, name or both. At worst they’re a paint job, a claim, a rationalization or an aspiration. Branding can help a reputation, but it can’t make one. Real work does that. Accomplishment over time does that.

Consider for a moment the value of Toyota’s reputation as a maker of reliable cars. This reputation was earned over at least five decades. Millions of people have had good experiences with reliable Toyota cars and trucks. That reputation has kept Toyota’s head above water through the trials of the last year, when an endless string of bad news stories about sudden acceleration and other faults have been streaming through the news media. In the tug between bad news and good reputation, branding was a no-show.

Judged by the standards of real branding companies (such as Procter & Gamble, which invented and named the practice), Toyota’s branding work has been mediocre at best. It has created cars with confusing names (Corolla, Corona, Carina, Celica, Crown, Cresta, Cressida) and weird hard-to-pronounce names (Camry, Yaris), and has produced relatively little memorable advertising, considering the size of the company and the quality of its cars. Worse, those Toyotathon ads by local dealers, which ran until the Daily Show’s Toyotathon of Death segment buried them for good, were among the most persistent and annoying pitches of all time. In fact, Toyota dealers in general had relatively bad reputations. The one thing Toyota did well was make reliable cars. Toyota’s reputation persists because it was earned, not just claimed.

Branding is jumping the shark now because, on the whole, the Net favors reality over bullshit. Saying stuff may get more attention than doing stuff, at least in the short run. But doing stuff is what makes the world work.

The hard thing for social media folks is that they’re still working the Saying Stuff beat while  Doing Stuff is what matters most. Getting companies to do different stuff, or to do the same stuff differently, is hard. Getting companies to do either of those things for long enough to earn a reputation for it is harder still.

But, good luck with that.

Meanwhile here’s how UKSN (in its People Aren’t Brands post) advises companies aligning with sports figures:

Corporates need to let go of the term ‘brand’ and all the connotations it brings when they are working with celebrities. When they hire the celeb, they think that person is now representative of the brand…something which humans can’t do! They can be themselves and if the company is comfortable with whom they are and what they stand for as a human being…then there is value to be derived by association. Expecting the person to fit into the perceived brand of a company is a recipe for (potential) disaster.

All good advice. What makes branding especially difficult in the sports world is that celebrity itself, and the fashions surrounding it, are part of the game. Sports figures endorse, and are endorsed by, “corporates,” and both benefit from each other. This morning I heard that money offered by teams shouldn’t have that much influence on which team LeBron James signs up with next (so long as they’re all within a few million dollars of each other), because he’ll make far more from his corporate affiliations. This is a set of considerations where UKSN knows far more than I do, and where branding of the old P&G sort still matters a great deal.

Sports is a special case. So are fashion and celebrity, and how all three of those overlap.

In most of society, however — including most of the business world — who you are and what you do matter more than how you look and how famous you become. Because who you are and what you do are what make the world a better place. And not just something to talk about.

[Late addition...] Tom Ford with Tina Brown on marketing and branding. Great clip.

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VRM meets CRM

CRM Magazine has devoted much of its May 2010 issue, including its cover and lead stories, to VRM and the growing power of individual customers, within which VRM is one vector.

Naturally, is also covered, since it pointed in this same direction, long ago.

This is an impressive move on the part of the CRM Magazine folks, and I hope the industry it covers follows its lead.

I put up a longer post about this over at the ProjectVRM blog. Read the rest there. And if any of ya’ll have a hard copy of the magazine, please save it, since I haven’t seen one yet and would like to collect a few in any case.

Meanwhile, a high five to Tara Hunt, who introduced the CRM Magazine folks to VRM, and got the ball rolling with then.

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Last July I explained Why WQXR is better off as a public radio station. One hundred and twelve comments followed, the last posted in January of this year. Far as I know, that’s a record for this blog.

Background: when WQXR, which had been New York City’s landmark classical music station since the Roosevelt Hoover administration, was sold by the New York Times to WNYC, it went through two huge changes. First, it went up the dial from 96.3 to 105.9, while dropping to about 1/10th the wattage of its old signal. Second, it changed from a commercial station to a noncommercial one. Those opposed to the moves predicted failure on both accounts.

Instead, WQXR is a success. It’s ratings briefly tanked during the transition last October, then bounced back to their old levels:

Since then WQXR has run neck-and-neck with its parent’s main station, WNYC-FM (which has a signal identical to the old WQXR, coming from the same master antenna on the Empire State Building):

(Source for both: Radio-Info.com. Click on the images for details.)

Those three columns are for January, February and March of this year. The February number, 834,400, was reportedly tops in all of public radio. That’s what Elizabeth Jensen wrote in yesterday’s Classical Music’s Comeback, on Public Radio, in the New York Times. She says WQXR is a financial as well as a ratings success, and typical of successful transitions by other classical stations from commercial to noncommercial business models, in some cases with lesser signals as well.

So, all ends well that starts well.

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When  reported on the next-generation iPhone that had come into its hands, I was as curious as the next geek about what they’d found. But I didn’t think the ends justified the means.

The story begins,

You are looking at Apple’s next iPhone. It was found lost in a bar in Redwood City, camouflaged to look like an iPhone 3GS. We got it. We disassembled it. It’s the real thing, and here are all the details.

“We got it,” they said. How?

There was much speculation about that, but obviously — if the phone was a real prototype — it must have been lost by an Apple employee. That’s why I tweeted, “Some employee is in very deep shit for letting this happen: http://bit.ly/bVN5Ma” But others wondered. Was it planted by Apple? That’s what, for example, Howard Stern guessed on his show yesterday morning. He thought it was a brilliant marketing move by Apple.

But Gizmodo set their record straight, through a much-updated piece titled How Apple lost the next iPhone. After telling the story, at length, of how Gray Powell, an Apple employee, had left it at a restaurant (“The Gourmet Haus Staudt. A nice place to enjoy good German lagers”), Gizmodo unpacks the means by which the phone came into their possession:

There it was, a shiny thing, completely different from everything that came before.

He reached for a phone and called a lot of Apple numbers and tried to find someone who was at least willing to transfer his call to the right person, but no luck. No one took him seriously and all he got for his troubles was a ticket number.

He thought that eventually the ticket would move up high enough and that he would receive a call back, but his phone never rang. What should he be expected to do then? Walk into an Apple store and give the shiny, new device to a 20-year-old who might just end up selling it on eBay?
The Aftermath
Weeks later, Gizmodo got it for $5,000 in cash. At the time, we didn’t know if it was the real thing or not. It didn’t even get past the Apple logo screen. Once we saw it inside and out, however, there was no doubt about it. It was the real thing, so we started to work on documenting it before returning it to Apple. We had the phone, but we didn’t know the owner. Later, we learnt about this story, but we didn’t know for sure it was Powell’s phone until today, when we contacted him via his phone.

The apparent purpose of the story is to save Gary Powell’s ass, as well as to cover some of Gizmodo’s as well. It concludes,

He sounded tired and broken. But at least he’s alive, and apparently may still be working at Apple—as he should be. After all, it’s just a stupid iPhone and mistakes can happen to everyone—Gray Powell, Phil Schiller, you, me, and Steve Jobs.

The only real mistake would be to fire Gray in the name of Apple’s legendary impenetrable security, breached by the power of German beer and one single human error.

Additional reporting by John Herrman; extra thanks to Kyle VanHemert, Matt Buchanan, and Arianna Reiche

Update 2: I have added the bit on the $5,000 (in italics) and how we acquired the iPhone, as Gawker has disclosed to every media outlet that asked.

Yesterday the New York Times ran iPhonegate: Lost, Stolen Or A Conspiracy?, by Nick Bilton. The gist:

One big question is how much Gizmodo paid for the phone, and whether keeping it was legal. Nick Denton, chief executive of Gawker Media, which owns Gizmodo, told The Times the site paid $5,000 for the phone. But still bloggers wondered if it had really paid $10,000.

On Monday, Charles Arthur, Technology blogger for The Guardian, said paying for the phone could mean that Gizmodo was knowingly receiving stolen goods; on Tuesday, citing the Economic Espionage Act of 1996, Mr. Arthur expanded on his theory.

This helped the debate move on to more serious matters: whether the phone was “lost,” or “stolen.” John Gruber, blogger for Daring Fireball, pointed outthat in the eyes of  California law, there isn’t a difference. The law states:

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

The next big question — whether Gizmodo would turn over the phone to Apple — was answered after a long day of speculation on Monday over itsauthenticity.  Gizmodo has reported that it received a letter from Apple’s legal counsel…

Gizmodo complied and returned the phone. Yesterday I tweeted, “Re: bit.ly/d0P4Vo If you found a next-gen iPhone, would you return it — or use it to pull the owner’s pants down?” Thus far, two responses:

Of course, what Gizmodo did was an example of investigative journalism at work. Mainstream journals and broadcasters sometimes pay for stories, leads, video and audio recordings, photographs. That’s not unusual. But, as Charles Arthur writes, “As a reporter – and make no doubt, Gizmodo is reporting here, actually doing journalism red in tooth and claw – you inevitably end up walking close to the edge of what’s legal every now and then. Whether it’s being in receipt of confidential information, publishing something that’s potentially defamatory, or standing closer to the front line of a protest than the police would like, you occasionally have to put yourself in some legally-risky positions.”

Many thousands of years ago on the time scale of both the Internet and journalistic practices, specifically in 1971, I wrote a story for a New Jersey newspaper about rural poverty, illustrated by a photo I took of somebody’s snow-covered yard filled with discarded appliances and half-disassembled old cars sitting on cinder blocks. I thought at the time that the photo was sufficiently generic to protect the anonymity of the home’s occupier. I was wrong. The owner called me up and let me have it. I was still a kid myself — just 22 years old — and it was a lesson that stuck with me.

A couple decades later that lesson was enlarged by “Notes Toward a Journalism of Consciousness,” by D. Patrick Miller, in The Sun, a magazine for which I had once been a regular contributor. (No links to the story, but its table of contents is here.) In it Miller recalled his work as an investigative reporter in the Bay Area, and how sometimes he had to cross a moral line. In his case it was gaining the confidence of sources he would later, in some ways, betray — for the Greater Good of the story’s own moral purposes.

Gizmodo poses the moral goodness of its own story against the backdrop of Apple’s fanatical secrecy:

And hidden in every corner, the Apple secret police, a team of people with a single mission: To make sure nobody speaks. And if there’s a leak, hunt down the traitor, and escort him out of the building. Using lockdowns and other fear tactics, these men in black are the last line of defense against any sneaky eyes. The Gran Jefe Steve trusts them to avoid Apple’s worst nightmare: The leak of a strategic product that could cost them millions of dollars in free marketing promotion. One that would make them losecontrol of the product news cycle.

But the fact is that there’s no perfect security. Not when humans are involved. Humans that can lose things. You know, like the next generation iPhone.

Thus the second wrong makes a write, but not a right.

Two years ago, in this post here, I wrote,

Still, I think distinctions matter. There is a difference in kind between writing to produce understanding and writing to produce money, even when they overlap. There are matters of purpose to consider, and how one drives (or even corrupts) the other.

Two additional points.

One is about chilling out. Blogging doesn’t need to be a race. Really.

The other is about scoops. They’re overrated. Winning in too many cases is a badge of self-satisfaction one pins on oneself. I submit that’s true even if Memeorandum or Digg pins it on you first. In the larger scheme of things, even if the larger scheme is making money, it doesn’t matter as much as it might seem at the time.

What really matters is … Well, you decide.

Gizmodo was acting in character here. That character is traditional journalism itself, which is no stranger to moral compromises.

I’m not saying that one must not sometimes make those compromises. We all often do, regardless of our professions. What makes journalism a special case is its own moral calling.

How high a calling is it to expose the innards of an iPhone prototype?

To help decide, I recommend the movie Absence of Malice.

Was malice absent in Gizmodo’s case? And, even if it was, is the story worth what it cost to everybody else involved — including whatever dollar amount Gizmodo paid to its source?

I submit that it wasn’t. But then, I’m not in Gizmodo’s business. I also don’t think that business is journalism of the sort we continue to idealize, even though journalism never has been as ideal as we veterans of the trade like to think it is.

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Lots of trackbacks (or pingbacks) are spam, and I don’t approve them for the comments section. But some pass the first sniff test, and some are interesting enough to warrant a reply. That’s what happened with the post “To be (a brand) or not to be (a brand)”, at a blog called Daily Breaking News Update. I’m not linking to either, because I think I fell here for a splog (a neologism I like, coined by Mark Cuban, for a spam blog).

What got me interested in the piece, naturally, was this paragraph…

It may be that some of the fallout from the Tiger Woods scandal has made the idea of personal branding seem trickier – people are people, after all, not objects and not cattle. As Doc Searls has argued in two recent blog posts, brands are “boring” at best and “bull” at worst.

The post ended, provocatively enough, this way:

Undoubtedly, building trust is fundamental to business success. Maintaining reputation is crucial, whether or not you want your name to be synonymous with a product, a service or a company.

What are your thoughts on personal branding? Has it become impossible? Or has it become ubiquitous?

So I took the bait and posted an answer in the comments section. Here it is:

I think the Tiger Woods experience demonstrates the risks of hiring a celebrity to personify a company’s brand. Besides Nike with Michael Jordan, I can’t think of a single case where this kind of personification has worked in the long run. Maybe some other readers can; but I’m not sure it makes much difference. Nike will stand or fall on the quality of its products, not on the qualities of its celebrity representatives.

As for personal branding, I still think it’s an oxymoron. Branding is a corporate practice, not a personal one. Build a reputation by doing good work. Put that work where others can judge its value. Contribute to the success of others, and credit others generously for their contributions to your success. Never promote for its own sake. I think it’s a mistake to categorize these practices as forms of “branding,” because they are expressions of humanity and integrity.

Branding works for companies and products in part because those things are not people. Buildings and offices and ballparks and shoes may have human qualities, but are not themselves human. Likewise humans may be industrious or durable or attractive in the manner of good companies, but that doesn’t make them corporate.

You and I are not brands. Our parents did not raise us to be brands. Nor would we want our children to be brands, any more than we want them to be logos.

“Personal branding” is a nice gloss on playing for celebrity. And celebrity is a Faustian bargain. Ask any veteran celebrity and they’ll tell you that. They live in fishbowls and yet, for all their familiarity, are not well understood as three-dimensional human beings. The healthy ones deal with it gracefully. The unhealthy ones use their celebrity as a façade (as with Tiger Woods), as a pass to a virtual Las Vegas where everybody keeps indiscretions secret (as with Tiger Woods), or as an ideal they can never really match (and hence seek surgical alignment, as with too many to count).

Many of us assume without question that celebrity also equates with income. It doesn’t. There is a degree of correlation, but in the long run we get hired for the useful goods we bring to the market’s table. Not because we have a “personal brand.”

Building trust and maintaining a reputation matter. Calling both “branding” is a categorical error.

Then I took a closer look at the blog and realized that it had no apparent author, and the about page was WordPress boilerplate. So I looked up the headline on Google, and got a fog of identical results.

The original appears to be this one, at ReadWrite Start. The byline is Audrey Watters, and that’s the post that most (or perhaps all — I didn’t go down the whole list) of the many citing tweets point to.

But there are all these other re-posts as well (listed in order of Google’s first page of search results):

All were from ReadWriteWeb feeds, obviously. I suppose these might be good for ReadWriteWeb (which deserves the respect it gets), but they also have the effect of deliberately false radar images. They are also part of the Google AdSense ecosystem, within which publications of all sizes try to game the system by re-posting attractive postings that will bait traffic and inbound linkage, goosing up the site’s PageRank to the point where ad placements appear, click-throughs happen, and money comes in.

An interesting thing about all these re-postings is that Audrey Watters‘ byline does not appear in them. So we have the interesting irony of a post about personal branding re-appearing all over the place with the writer’s name stripped out.

Obviously some dysfunctional things are happening here. And I doubt any more talk about “branding” will help, beyond accounting for some of the motives involved.

Bonus link.

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At 11:30pm on April 22, 1978 Saturday Night Live opened with Paul Schaffer, made up to look like music promoter Don Kirshner (whose show ran in most markets right after SNL). What followed was a lesson in branding that we’re still learning. Here’s  how it looks in the show’s transcript (sorry, the original isn’t on YouTube):

Don Kirshner…..Paul Shaffer
Jake Blues…..John Belushi
Elwood Blues…..Dan Aykroyd

[ open on Don Kirschner ]

Don Kirschner: I’m Don Kirschner, and welcome to “Rock Concert”. In 1969, Marshall Checkers, of the legendary Checkers Records, called me on a new blues act that had been playing in a small, funky club on Chicago’s South Side. Today, with the help of Jerry Erdegan, and the staff of Pacific Records, their manager, Morey Daniels, and with the support of fellow artists Curtis Selgado and the Cray Band, they are no longer an authentic blues act, but have managed to become a viable commercial product. So now, let’s join “Joliet” Jake and his silent brother Elwood — The Blues Brothers.

[ pan down and dissolve to Jake and Elwood Blues, the Blues Brothers, performing on the stage below ]

That was the first the world saw of the Blues Brothers: two actors who parlayed ironic comedy into a successful movie, in which the layers of irony piled higher and higher. All those layers speak volumes about “branding” — the reality, not the buzzword. What they say (or can’t un-say) is that the Blues Brothers are a commercial product.

Coming off my flight to London the other day I was caught in the crunch to leave the plane, in that spot near the door where the two aisles squeeze into one for the jetway. There I found myself in the passing company of two passengers talking about “personal brands” and how “social media” is good for them. I wanted to say “brands are boring” to them, but decided to blog about it instead. Hence the post by that title at the last link.

Since then I’ve been pointed to various writers and posts that put nice paint jobs on the cattle-burning practice that “branding” was originally — and still, in spite of all marketing spin to the contrary, remains. This here cartoon for example, which got me boiling again.

So I decided to have another go at it, partly because I don’t want the topic to die (until “branding” is exposed for the shallow thing it too often is), and partly because I just read Brand Rehab, the Schupeter column in the April 10, 2010 issue of The Economist. Like too much of everything else, it’s about Tiger Woods. But, being the Economist, it’s about the money, which always focuses matters. For example,

Tiger Woods’s penchant for cocktail waitresses and porn actresses ended up costing an astonishing amount of money: two economists at the University of California, Davis, have calculated that his biggest corporate sponsors, such as Nike and Gatorade, saw as much as $12 billion wiped off the value of their shares in the wake of the scandal.

That’s twelve billion. With a B.

One company that took a huge hit, of course, was Accenture. Dig Guanabee’s Worst Tiger Woods Accenture Ads for a reminder of what all of us heavy travelers saw printed on back-lit plexiglass displays in airport concourses over the years leading up to revelations about Tiger’s personal life, after which they all disappeared. (Except, of course, on the Web.) One sample:

Accenture failed here by assuming that Tiger wasn’t human. Which is close enough to true, if you’re just looking at Tiger as a golfer. The man is not only the closest any golfer has ever come to walking robotics, but his whole golf persona has always been remarkably mechanical as well.

Turn a person into a brand, and what do you get? Something incomplete at best, and fake at worst. Borrow that human brand to represent your company, and you take some risks. Your branded celebrity might actually be a fine human being. Or they might be a philandering scumbag. Either way, the brand is a paint job. It’s not real except in the commercial dimension, and only in a narrow way even there.

The only advertiser that has stuck with Tiger since the bimbo bombs started going off is another landmark brand: Nike. The latest Nike/Tiger ad features the golfer’s sad face, staring at the camera, while the voice of his dead father speaks. “I want to find out what your thinking was,” Earl Woods says.”I want to find out what your feelings are. And did you learn anything.” Well, one thing the rest of us learned was that Tiger was with one of his mistresses on the night he got word that his father had died.

Nike, the brand, famously supports its sponsored athletes because the company is about athletes and athletics. Which is all fine. What matters is what the athletes do on the field, on the court, on the golf course. Sure. But what matters more is what these companies actually do.

Here in Reality, companies buy Accenture’s services. Individuals buy Nike’s shoes. None of what customers buy from either company gets an ounce of substantive worth from Tiger Woods, or from anything those companies do with their “branding” strategies, no matter how much those strategies serve to help sales and stock prices.

We live in an age when we can kick tires hard. Accenture’s and Nike’s tires are not Tiger Woods. And Tiger Woods, even if he’s long been a lying sack of shit, isn’t a tire either. He’s a human being, and that’s what makes him interesting. Not what his golf game says about companies that pay him.

In his comment below my Brands are boring post, Chris Carfi pointed to this post on BlogHer in which Yvonne, a blogger there, unloaded on people who insist she act like a blogging brand, rather than the human being she’s been all along:

Blogging as I know it has changed.

Woman with Mouth Stitched Shut

And I just can’t keep up. Because this blog isn’t a business. My blog is personal.

I just want to keep writing about my life. About my kids. About my struggles with health and weight and body image. I just want to write.

I feel like a complete misfit in blogging, which is so weird because I’ve been doing this since 2002 and what the hell?

Blogging is a business! Build your brand! YOUR BRAAANNNNNDDDD!

There’s no denying that I’ve been given some pretty amazing opportunities through blogging. (Interviewing the cast of New Adventures of Old Christine. Meeting Tony Hawk.) And that still amazes me. But that’s not WHY I do it. That will never be why I do it.

And suddenly, it feel like — if that’s not why I’m doing it, why even bother?

I used to be able to sit down and write a post about the most trivial things — like my trip to the doctor’s office yesterday, for example — hit publish, enjoy the comments and move on to the next post. Now I doubt every post. “This isn’t good enough.” “No one will care about that.” “People are writing about HEALTH CARE REFORM AND YOU’RE WRITING ABOUT PEEING WHILE YOU SNEEZE YOU ARE DOING IT WRONG.”

I also used to be able to write about important things, like depression or body image and feel safe. Feel like it mattered. Like by writing my story I was helping people and that people were helping me by reading, by sharing their stories. I know that is still true, but sometimes? I feel like the stories aren’t being heard because we’re all too busy about traffic and page views and twitter followers and OUR BRRRANNND.

And that’s fine! It’s wonderful that women are finding success because of their blogs — I mean it, it makes me so proud. But also? A little sad. Sad that those of us who are just here for the writing, for the stories, for the good content are feeling so out of place and irrelevant.

I don’t even know where I’m going with this anymore other than to say I’m struggling with blogging right now and I hope that by writing this out I will be able to make some sort of peace with it all and stop over thinking this shit and JUST START WRITING AGAIN BECAUSE I MOTHER FUCKING LOVE TO WRITE.

Amen, sister.

And “social media” is a crock. Or perhaps an oxymoron.

Brands are boring because they’re not human. They’re companies. And, despite the recent Supreme Court decision to the contrary, companies are not human. They are abstractions that make business possible. Businesses are necessary to thriving economies and working civilizations. They are comprised of human beings and therefore have human qualities. But they are not themselves human.

The term “brand” was borrowed by from the cattle industry, and came into popular use during the golden age of network radio, in the 1930s and ’40s, when large suppliers to grocery and department stores (especially detergent and tobacco companies) won space in “shelf wars” by putting one  product in eight different packages and singing about the difference. Singing was a form of branding. You burned a song into consumers’ heads, so they had no choice but to recall it. “If you’ve got nothing to say, sing it,” the saying went.

Okay, hit it (in 3/4 time, and a Munich beer house spirit, flasks raised, singing loudly)…

Schaefer
Is the
One beer to have
When you’re having more than one.
Schaefer
Pleasure
Doesn’t fade
Even when your thirst is done.
The most rewarding flavor
In this man’s world
Is for people who are having fun.
Schaefer
Is the
One beer to have
When you’re having more than one.

I can’t help knowing that song because Schaefer burned it into the brains of baseball fans listening to Brooklyn Dodgers games. I know this one…

My beer is Rheingold the dry beer.
Think of Rheingold whenever you buy beer.
It’s not bitter, not sweet.
It’s the extra dry treat.
Won’t you buy extra dry Rheingold beer?

.. because Rheingold advertised during Giants games.

Piels and Ballantine had less memorable jingles, though I do remember “Bert and Harry Piels,” who were actually Bob & Ray, the most dry and ironic radio comedians who ever walked the earth.

In those days it made sense to brand, because there were so few media, and — actually — so few companies. If you wanted to make beer you needed a big industrial brewery.  The Industrial Age was one in which Industry was All.

This is no longer the case.

As for social media, all media now need to be social. Mediation is between humans, some of which are inside companies. Hence, “social media” as oxymoron. Sort of, anyway.

Meanwhile, lots of social media types are talking about brands and branding as if these were new and hip things. They’re not. They’re heavy and old. We need to move on, folks. Think of something human instead.

When a friend came back from SXSW recently, we talked about how, at the show, it was “social every fucking thing there is.” The term SEFTTI was thus coined.

We need to move past that too.

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March Madness for me this year was a double treat. First, my team, the Duke Blue Devils, won the championship. (Though my heart went out to Butler, which came within inches of winning at the buzzer on a half-court shot.) Second, I got to follow the Devils, and North Carolina Basketball in general, on . I did this over on my iPhone. I listened in my pocket as I cooked in the kitchen, rode on my bike, and walked to the bus and the train. I dug and in the mornings, the PackMan in the afternoon, and hyper-local features such as the Duke Basketball show from the Washington Duke Inn, on Duke’s campus).

I loved hearing old familiars like , and Duke play-by-play announcer , who started as a sales guy at WDNC in 1975, not long after I left that same job. In those days WDNC was a struggling Top 40 station, still owned by the Durham Herald-Sun newspapers, still with studios in the paper’s building, and still carrying CBS news (its lone connection to a glorious past). Since then WDNC has bounced through a number of formats, and currently thrives in the overlap of , and empires. Its FM counterpart is WCMC/99.9, which didn’t exist when I left town in 1985. Currently known as “620 The Buzz” (the FM is “The Fan”), it was until recently The Bull. (In fact, if you go to http://wdnc.com, it re-directs to http://www.620thebull.com/, which is a blank page. Somebody needs to get a second re-direct going there.)

A confession. Not long after Bob Harris took over play-by-play for Duke games, he often had Mike Krzyzewski, then Duke’s rookie basketball coach, as a guest. I wasn’t a fan of Coach K. His predecessor, Bill Foster, was gregarious, emotional and easy for fans to love, Krzyzewski seemed cold and a bit nasty. He rarely smiled and had coaching style that appeared to consisted entirely of barking at officials. I once said of him, “There’s nothing about that guy that a blow-dry and a sense of humor wouldn’t cure.” While it wasn’t quite a nickname for Coach K, it stuck, and I heard it repeated often. Today, of course, Krzyzewski is an institution, and much loved by everybody who knows him, especially his players.

Anyway, the most interesting irony to me, as I listen to WDNC here in Cambridge, Mass, is that it has long been the custom in radio to obsess about signals and coverage — since you can’t listen to what you can’t get. Among souls who still do this I know few who are more devoted, even still, than I am. (The very best is Scott Fybush, by the way. I love his site visits.)

As a kid growing up in New Jersey I would ride my bike down to visit the transmitters of New York’s AM stations, whose towers bristled from swamps on the flanks of the Hackensack river: WABC, WINS, WMGM/WHN, WOV/WADO, WMCA, WNEW, WHOM…

I’d talk with the guys who manned the transmitters (they were always guys, and they were often old), logging readings and walking out to the towers to make sure all was well. I became a ham radio operator around that time, and continued to fancy myself something of an engineer, though technically I wasn’t. Still, I jumped at the opportunity to take shifts maintaining WDNC’s transmitter as a side job when I worked there. The whole plant was about the same age as me (at the time, 27), and spread across about ten acres at the end of a dirt road on the northwest side of town. It was 5000 watts by day and 1000 watts by night, with directional patterns produced by its three towers. The shot above is from Bing’s excellent “bird’s eye” view of the site. (Why doesn’t Microsoft make more of this? Google has nothing like it, and it totally rocks.) And it’s much nicer now than it was then. At that time the fields had turned to high brush, and I needed to ride a lawnmower out to the towers on a bumpy path, so I wouldn’t get ticks. (One could pick up — I’m not kidding, hundreds of ticks by walking out there.)

What fascinated me most about the facility was the engineering files, which included details on the transmission patterns and coverage maps showing how waves interacted with conductive ground to produce signal intensities that didn’t look as much like the signal pattern as one might expect. AM coverage depends on ground conductivity. In North Carolina (and the East in general) the ground conductivity is poor; but at the bottom end of the AM dial the waves are longer and travel farther along the ground in any case. WDNC was at 620, so its signal was many times the size of a signal at the top end of the dial with the same wattage.

Now I can go online and see WDNC’s daytime pattern here and its nighttime pattern here — both at . I can see the coverage they produce at . Here’s a mash-up of patterns (left) and coverage (right):

Which is all well and cool. Playing with this stuff is catnip for me. But it’s also meaningless, once radio moves off AM and FM and onto the Net, where in the long run it makes much more sense.

What we’re dealing with, in the images I show here, is exceedingly antique stuff. The basics of AM broadcast engineering were set in the 1920s and 1930s. FM dates from the 1940s and 1950s. Recent improvements to both (through IBOC — In Band On Channel) are largely proprietary, and uptake on the receiving end borders on pathetic. None of the technologies employed are interactive, much less Net-native. They soak billions of watts off the world’s power grids. AM stations occupy large areas of real estate. FM and TV stations use frequencies that require high elevations, provided by tall towers, buildings or mountains, offering hazards to aviation and bird migration. Not to mention that lots of the biggest towers tend to fall down. In 1989 a pair of 2000-foot TV/FM towers near Raleigh (serving the same areas outlined above) collapsed in the same ice storm.

Three problems stand in the way of building out radio on the Net.

First is the mobile phone system that carries it. When I listen to WDNC on my iPhone, I don’t care how much data I use. AT&T has no data limit for the iPhone or the iPad. Other carriers need to have similar deals. To my knowledge they don’t — at least not in the U.S. (Sprint used to, and after my problems with Sprint last year I doubt I’ll use its system much for media again son.) Still, even AT&T regards subordinates mobile data to mobile telephony. This gets more retro every day. In the long run, we’ll have a mobile data system that includes mobile telephony but is not defined by it (and its infuriating billing systems). These also need to be better integrated with wi-fi from all sources (and not just the carriers’ own). These days most wi-fi access points are “secure,” making them useless as part of a larger system. But that can change.

Second is revising the rules restricting music streamed and podcast over the Net. Copyright law, especially as established by the 1998 Digital Millennium Copyright Act, screwed the hell out of music broadcasting and podcasting. Today we have some of the former and little of the latter (except for “podsafe” music, which includes approximately nothing that’s been popular over the last 80 years). Fixing this won’t be easy, but it needs to be done.

Third is revising the means by which stations make money, and rules about where advertising can be carried. For the former we need a much better system for listeners to pay broadcasters on a voluntary basis, for both commercial and noncommercial stations. (This is why at ProjectVRM we are working on EmanciPay, for example.) For advertising, there are currently restrictions on much national advertising, which is why the majority of ads I hear on WDNC (and other commercial stations that do streaming) are public service announcements from the Ad Council. Listening to these, over and over and over and over, accelerates the listeners own aging process.

Networks and stations also need to realize that more and more online listeners aren’t tuning in to Web pages. They’re tuning directly to streams using applications on mobile devices. The folks on WDNC do a good job of using Twitter, Facebook and other familiar “social media,” but they don’t seem to have a clue that it’s a heck of a lot easier to listen to mobile radio on something that’s actually like a radio — namely a smartphone — than on a computer. Search for “radio” in Apple’s app store and you’ll get hundreds of results. The Public Radio Player, there on the left, has had over 2.5 million downloads so far. Hopefully the iPad will help. Check out Pandora’s latest.

Anyway, a big thanks to the folks at WDNC/TheBuzz for a great season of Duke, Carolina and ACC basketball coverage — especially for a listener stuck here in New England, where pro sports dominate. (Not that I don’t love those too. I just need my college basketball fix.) Props to @TZarzour and @WRALsportsFan too.

I was just interviewed for a BBC television feature that will run around the same time the iPad is launched. I’ll be a talking head, basically. For what it’s worth, here’s what I provided as background for where I’d be coming from in the interview:

  1. The iPad will arrive in the market with an advantage no other completely new computing device for the mass market has ever enjoyed: the ability to run a 100,000-app portfolio that’s already developed, in this case for the iPhone. Unless the iPad is an outright lemon, this alone should assure its success.
  2. The iPad will launch a category within which it will be far from the only player. Apple’s feudal market-control methods (all developers and customers are trapped within its walled garden) will encourage competitors that lack the same limitations. We should expect other hardware companies to launch pads running on open source operating systems, especially Android and Symbian. (Disclosure: I consult Symbian.) These can support much larger markets than Apple’s closed and private platforms alone will allow.
  3. The first versions of unique hardware designs tend to be imperfect and get old fast. Such was the case with the first iPods and iPhones, and will surely be the case with the first iPads as well. The ones being introduced next week will seem antique one year from now.
  4. Warning to competitors: copying Apple is always a bad idea. The company is an example only of itself. There is only one Steve Jobs, and nobody else can do what he does. Fortunately, he only does what he can control. The rest of the market will be out of his control, and it will be a lot bigger than what fits inside Apple’s beautiful garden.

I covered some of that, and added a few things, which I’ll enlarge with a quick brain dump:

  1. The iPad brings to market a whole new form factor that has a number of major use advantages over smartphones, laptops and netbooks, the largest of which is this: it fits in a purse or any small bag — where it doesn’t act just like any of those other devices. (Aside from running all those iPhone apps.) It’s easy and welcoming to use — and its uses are not subordinated, by form, to computing or telephony. It’s an accessory to your own intentions. This is an advantage that gets lost amidst all the talk about how it’s little more than a new display system for “content.”
  2. My own fantasy for tablets is interactivity with the everyday world. Take retailing for example. Let’s say you syndicate your shopping list, but only to trusted retailers, perhaps through a fourth party (one that works to carry out your intentions, rather than sellers’ — though it can help you engage with them). You go into Target and it gives you a map of the store, where the goods you want are, and what’s in stock, what’s not, and how to get what’s mising, if they’re in a position to help you with that. You can turn their promotions on or off, and you can choose, using your own personal terms of service, what data to share with them, what data not to, and conditions of that data’s use. Then you can go to Costco, the tire store, and the university library and do the same. I know it’s hard to imagine a world in which customers don’t have to belong to loyalty programs and submit to coercive and opaque terms of data use, but it will happen, and it has a much better chance of happening faster if customers are independent and have their own tools for engagement. Which are being built. Check out what Phil Windley says here about one approach.
  3. Apple works vertically. Android, Symbian, Linux and other open OSes, with the open hardware they support, work horizonally. There is a limit to how high Apple can build its walled garden, nice as it will surely be. There is no limit to how wide everybody else can make the rest of the marketplace. For help imagining this, see Dave Winer’s iPad as a Coral Reef.
  4. Content is not king, wrote Andrew Oldyzko in 2001. And he’s right. Naturally big publishers (New York Times, Wall Street Journal, the New Yorker, Condé Nast, the Book People) think so. Their fantasy is the iPad as a hand-held newsstand (where, as with real-world newsstands, you have to pay for the goods). Same goes for the TV and movie people, who see the iPad as a replacement for their old distribution systems (also for pay). No doubt these are Very Big Deals. But how the rest of us use iPads (and other tablets) is a much bigger deal. Have you thought about how you’ll blog, or whatever comes next, on an iPad? Or on any tablet? Does it only have to be in a browser? What about using a tablet as a production device, and not just an instrument of consumption? I don’t think Apple has put much thought into this, but others will, outside Apple’s walled garden. You should too. That’s because we’re at a juncture here. A fork in the road. Do we want the Internet to be broadcasting 2.0 — run by a few content companies and their allied distributors? Or do we want it to be the wide open marketplace it was meant to be in the first place, and is good for everybody? (This is where you should pause and read what Cory Doctorow and Dave Winer say about it.)
  5. We’re going to see a huge strain on the mobile data system as iPads and other tablets flood the world. Here too it will matter whether the mobile phone companies want to be a rising tide that lifts all boats, or just conduits for their broadcasting and content production partners. (Or worse, old fashioned phone companies, treating and billing data in the same awful ways they bill voice.) There’s more money in the former than the latter, but the latter are their easy pickings. It’ll be interesting to see where this goes.

I also deal with all this in a longer post that will go up elsewhere. I’ll point to it here when it comes up. Meanwhile, dig this post by Dave Winer and this one by Jeff Jarvis.

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There is an ad running during the NCAA basketball playoffs that’s so creepy and surreal that I decided to take some screen shots of it, as a kind of public service to the company spending money on it.

The scene is a guy’s hairy armpit. (Do they have armpit models? Guess so.) As if this weren’t icky enough, all of a sudden a rectangle of flesh drops down, opening a grave, right there, in his sparse forest of hair. It’s like watching that eyeball get sliced in Un chien andalou. Creepy as shit. And you wonder, where did the missing block of pit go?  Is it down by the rib cage somewhere? Packed around his rotator cuff? Or is he hollow? And why no blood?

Then this white triangular thing rises out of the same hole.

You wonder, what the fuck is that? before seeing that Oh, okay, it’s a Matterhorn. But it’s not like the real thing. It’s more like a toy Matterhorn, with a little Swiss Chalet at its base, flanked by a few trees, looking like a snow-globe scene, without the globe and the snow.

By the time it’s over you’ve witnessed two awful things you don’t want happening to your body: Having your armpit turned into a deep hole — and then having it replaced by a piece of broken kitsch. It’s so disturbing that you don’t even notice, much less remember, the name of the advertiser.

Not my cup of meat. Or whatever that dude is made of.

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Some encouraging words here about Verizon’s expected 4G data rates:

After testing in the Boston and Seattle areas, the provider estimates that a real connection on a populated network should average between 5Mbps to 12Mbps in download rates and between 2Mbps to 5Mbps for uploads. Actual, achievable peak speeds in these areas float between 40-50Mbps downstream and 20-25Mbps upstream.The speed is significantly less than the theoretical 100Mbps promised by Long Term Evolution (LTE), the chosen standard, but would still give Verizon one of the fastest cellular networks in North America.

No mention of metering or data caps, of course.

Remember, these are phone companies. They love to meter stuff. Its what they know. They can hardly imagine anything else. They are billing machines with networks attached.

In addition to the metering problems Brett Glass details here, there is the simple question of whether carriers can meter data at all. Data ain’t minutes. And metering discourages both usage and countless businesses other than the phone companies’ own. I have long believed that phone and cable companies will see far more business for themselves if they open up their networks to possibilities other than those optimized for the relocation of television from air to pipes.

Data capping is problematic too. How can the customer tell how close they are to a cap? And how much does fearing overage discourage legitimate uses? And what about the accounting? My own problems with Sprint on this topic don’t give me any confidence that the carriers know how gracefully to impose data usage caps.

There’s a lot of wool in current advertising on these topics too. During the Academy Awards last night, Comcast had a great ad for Xfinity, its new high-speed service, promoted entirely as an entertainment pump. By which I mean that it was an impressive piece of promotion. But there was no mention of upstream speeds (downstream teaser: 100Mb/s). Or other limitations. Or how they might favor NBC (should they buy it) over other content sources. (Which, of course, they will.)

Sprint‘s CEO was in an another ad, promoting the company’s “unlimited text, unlimited Web and unlimited calling…” Right. Says right here in a link-proof pop-up titled “Important 4G coverage and plan information”, that 4G is unlimited, but 3G (what most customers, including I, still have) is limited to “5GB/300MB off-network roaming per month.” They do list “select cities” where 4G is available. Here’s Raleigh. I didn’t find New York, Los Angeles, Chicago or Boston on the list. I recall Amarillo. Can’t find it now, and the navigation irritates me too much to look.

Anyway, I worry that what we’ll get is phone and cable company sausage in Internet casing. And that, on the political side, the carriers will succeed in their campaign to clothe themselves as the “free market” fighting “government takeovers” while working the old regulatory capture game, to keep everybody else from playing.

So five, ten years from now, all the rest of the independent ISPs and WISPs will be gone. So will backbone players other than carriers and Google.  We’ll be gaga about our ability to watch pay-per-view on our fourth-generation iPads with 3-d glasses. And we won’t miss the countless new and improved businesses that never happened because they were essentially outlawed by regulators and their captors.

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News Without the Narrative Needed to Make Sense of the News: What I Will Say at SXSW is where and how Jay Rosen lays out his current thinking on new agendas for whatever journalism will become after we’re done with the current transition.

He has long been concerned with how explanation is “under-emphasized in the modern newsroom” and offers excellent examples of how explaining should work, as well as ideas about how to institutionalize it. For example, “The goal is to surface the hidden demand for explanation and create a kind of user-driven assignment desk for the explainer genre, which is itself under-developed in pro journalism”. He adds, “Are there other ways to surface this kind of demand?”

I’d call attention to the imperatives of stories, and the role that might be played by new sets of well-explained facts that can help frame or re-frame a story.

See, stories are what assignment editors want. They’re also what readers want. And stories are different to some degree from the current vogue-word narrative. They do overlap, but they are different.

A few months back I visited the subject of story in What’s right with Wikipedia? — a piece I wrote in response to a What’s Wrong With Wikipedia story that had run in the Wall Steet Journal. I don’t know if that story was part of the WSJ’s GOP-aligned “What’s Wrong With Everything Liberals Do” narrative, but in any case I felt the matter needed explaining. Some Wikipedians did a good job of showing how there wasn’t much of a story there (read the piece to see how). For my part, I felt the need to explain what stories are actually about, which is problems, or struggles. Said I,

Three elements make stories interesting: 1) a protagonist we know, or is at least interesting; 2) a struggle of some kind; and 3) movement (or possible movement) toward a resolution. Struggle is at the heart of a story. There has to be a problem (what to do with Afghanistan), a conflict (a game between good teams, going to the final seconds), a mystery (wtf was Tiger Woods’ accident all about?), a wealth of complications (Brad and Angelina), a crazy success (the iPhone), failings of the mighty (Nixon and Watergate). The Journal‘s Wikipedia story is of the Mighty Falling variety.

In his piece Jay mentions what a good Job the Giant Pool of Money episode of This American Life did of bringing sense to the country’s financial crisis. This gave rise to the PlanetMoney podcast, which is also terrific at explaining things. PlanetMoney feeds some of its best stuff to NPR’s news flow as well. One good example is Accidents of History Created U.S. Health System, which made it clear how we got to our wacky employer-supported health insurance system. Go listen to it and see if you don’t have a much better grasp on the challenge, if not of the solutions, currently on the table.

My point here, or one of them, is that the real story isn’t Obama vs. Intransigent Republicans (the Dems’ narrative) or Sensible Americans against Government Takeover (the Reps narrartive), but that we’ve got a health care system that burdens employers almost exclusively, rather than individuals, government (save for VA, Medicare and Medicaid), or other institutions. It’s an open quetion whether or not that’s screwed up, but at least it’s a question that ought to be at the center of the table, or the “debate” that been both boring and appalling.

This is consistent with what Matt Thompson says in The three key parts of news stories you usually don’t get, # 2 of which is WHAT WE MISS (1): The longstanding facts. But we also miss seeing the role that longstanding overlooked facts might play amongst the three story elements: protagonist, problem and movement. Take the problem of employer responsibility as a structural premise for health care. By itself, the problem just sits there. We need a protagonist and a sense that the story has movement. In the absence of either, we look for other defaults. Thus we cast Obama and his opponents as the protagonists, or to get into characterization as the issue if the topic gets logjammed, which it has been for awhile. So we hear about problems with the president’s charactrer. He’s not leading. Or … whatever. You can fill in the blanks

Meanwhile, we live in a world where employers are almost nothing like they were when the current health care system solidified at the end of World War II. In many towns (Santa Barbara, for example) the (or at least a) leading employer is “self”. Tried to get insurance for your self-employed butt lately? How about if you’re older than a child and have a medical history that’s other than perfect? Scary shit. Does the Obama plan make things better for you? According to this story in CNN, “Health insurance exchanges would be created to make it easier for small businesses, the self-employed and unemployed to pool resources and purchase less expensive coverage.” Hmm. “Easier” doesn’t sound like much relief. But doing nothing doesn’t sound good either.

So the easy thing is to go back to covering the compromise bill’s chances in Congress, and the politics surrounding it. That at least makes some kind of sense. We have all our story elements in place. It’s all politics from here on. Bring in the sports and war metaphors and let automated processes carry the rest. Don’t dig, just dine. The sausage-machine rocks on.

As Matt says, “… rarely do we acknowledge what we’re pursuing. When our questions make it into the coverage at all, they have to appear in the mouths of our sources, resulting in paltry, contorted pieces like this one, from the AP. Or they’re attributed to no one, weaseled into a headline that says only, ‘[Such-and-such] raises questions.’ Whose questions? Not ours, certainly.”

I also wonder if we’re barking up the wrong tree (or down the wrong hole) when we obsess about “curation” of news — a favorite topic of mainstream media preservationists. Maybe what we need is to see explainers as advocates of our curiosity about the deep questions, or deep facts, such that they might become unavoidable in news coverage.

This, of course, begs the creation of whole new institutions. Which is the job that Jay has taken up here. Let’s help him out with it.

[Later...] An additional thought: statistics aren’t stories.

I remember hearing about what were later called the killing fields of Cambodia, after refugees reported Pol Pot and the Khmer Rouge were murdering what eventually became more than a million people. Hughes Rudd delivered the story one on the CBS Morning News, as I recall between items on the Superbowl and Patty Hearst. He said that perhaps half a million people were already dead. But the story wasn’t a story. It was an item. It wasn’t until Sydney Shamberg ran “The Death and Life of Dith Pran” in the New York Times’ Sunday Magazine that the story got real. It got human. It had a protagonist. It became a movie.

I thought about this when I noticed there were exactly no comments following my Gendercide post. Here’s the fact that matters: countless baby girls are being killed, right now. But that’s not a story. Not yet. Not even with help from The Economist. I think the job here isn’t just to get more facts, or even to get the right name and the right face. The story needs its Dith Pran, and doesn’t have her yet. (Or, if it does, news hasn’t spread.)

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radiofavesThe great — to me the best radio host ever (he was real and honest and funny and groundbreaking and smart long before was the same, and I am a serious Howard fan too) — once explained his radio philosophy to me in two words:

It’s personal.

From the beginning we have regarded broadcasting as a one-to-many matter, even though the best broadcasters know they are only talking to single pairs of ears, and usually act the same way. Yet stations, programmers and producers put great store in numbers, also known as ratings. Stations, even public ones, lived and died by “The Book” — Arbitron’s regional compilations of results.

At this point something like 2.5 million Public Radio Players — radios for the iPhone — have been downloaded. To the degree that the PRP folks keep track of how much each station and program gets listened to, the results are far different than what Arbitron says. See here for the results, and see here for one big reason why.

At this point Public Radio Player (with which I have some involvent) and other ‘tuners’ for the iPhone (such as the excellent WunderRadio) are my primary radios. I use them when I’m walking, driving, or making coffee in the kitchen at home. I listen to KCLU from Thousand Oaks/Santa Barbara here in Boston, I listen to WBUR, WUMB, WERS, WEEI (Celtics basketball) and other Boston stations when I’m in California. My list of “favorites” (such as the list above, on Wunderradio) runs into the dozens, and includes programs as well as stations. Distinctions between live, podcast, on-demand (podcasts served by stations, live) and other modes are blurring.

Three things are clear to me at this point. First is that it’s very early in this next stage of what broadcasting will become. Second is that it’s more personal than ever. Third is that the time will come when we’ll shut down many (if not most or all) terrestrial transmitters.

On this last topic, a number of landmark AM stations that I grew up listening to — CBL/740 from Toronto, and CKVL/850, CBF/690 and CFCF/940 from Montreal — are all gone. The last two of those went off in January. Those were “clear channel” powerhouses, with signals you could get across the continent at night. I could even get CKVL in the daytime in New Jersey. Now: not there. But the decendents of all those stations are available on the Net, which means they’re available on smartphones with applicatons that play streams. While it’s still not easy to serve streams to thousands (much less millions) at a time, it’s also cheaper than running transmitters that suck 100,000 watts and more off the grid and take up large amounts of real estate (including open land for AM and the tops of mountains and buildings for FM). Not to mention that broadcast towers (which run up to 2000 feet in height) are hazards to aviation, bird migration and surrounding areas when they collapse, which is often.

Anyway, I’ve always thought the ratings were good for the mass-appeal stuff, but way off for stations and programs that appealed to many — but not to enough to satisfy the advertising business. Personal listening is much more idiosyncratic, but also much more interested and involved, than group listening, which actually doesn’t happen.

Therefore I expect radio, or its next evolutionary stage, to be more personal than ever — and therefore better than ever.

Bonus link: JP Rangaswami’s Death of the Download. His closing lines:

And what if the customers have given up and moved on, from the download to the stream?

It was never about owning content. It was always about listening to music.

It was never about product. It was always about service.

The customer is the scarcity. We would do well to remember that. And to keep remembering that.

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Matterings of Perspective

CRM & VRM, Figure & Ground is a long piece I put up today over at the . It expands on Antagonyms, Social Circles and Chattering about VRM, an excellent post by Cliff Gerrish on his blog. Both frame in hopeful terms the prospects for and finding common ground.

Pew Internet‘s latest report, Future of the Internet IV (that’s the Roman numeral IV — four — not the abbreviation for intravenous, which is how my bleary eyes read it at half past midnight, after a long day of travel), is out. Sez the Overview,

A survey of nearly 900 Internet stakeholders reveals fascinating new perspectives on the way the Internet is affecting human intelligence and the ways that information is being shared and rendered.

The web-based survey gathered opinions from prominent scientists, business leaders, consultants, writers and technology developers. It is the fourth in a series of Internet expert studies conducted by the Imagining the Internet Center at Elon University and the Pew Research Center’s Internet & American Life Project. In this report, we cover experts’ thoughts on the following issues:

I’m one of the sources quoted, in each of the sections. The longest quote is two links up, in the end-to-end question.

Sometime later I’ll put up my complete responses to all the questions. Meanwhile, enjoy a job well done by Janna Anderson, Lee Rainie and the crew at Elon University and Pew Internet. There’s much more from (and to, if you wish to contribute) both at Imagining the Internet.

I love BBC domestic programming (such as Radio 4, which I have to dig to find on the BBC website if I’m coming in from a non-UK IP address, as I am now), and would like to pay as much for it as any UK citizen does through taxes.

Let’s say we come up with a way to do that (preferably without DRM), perhaps along the lines of EmanciPay, or perhaps though something more coercive.

Would the BBC welcome that? Or must the domestic fare remain restricted to domestic consumption for reasons other than economic ones?

Put another way, would the BBC prefer that, when nearly all radio listening and video watching becomes digital, and happens over Net connections, even visitors to the UK should be kept on the outside?

And if we techies come up with a way to bring more money to the BBC from both inside and outside the Kingdom, would they turn it down?

If not, I want to on that.

Advertising is a bubble. If that’s a true statement, Google is a bubble too. And if that’s true, many of the goods we take for granted on the Web are at risk. Let’s run down some evidence.

Thus begins The Google Exposure, my column in the February issue of Linux Journal. Read the rest there. (And hey, feel free to subscribe.)

spypondhockey

For most of Winter in the Northeast, skating is possible only during the somewhat rare times when the ice is thick and not covered with snow or other unwelcome surface conditions. And bad skating has been the story, typically, for most of this Winter around Boston. After an earlier snow, there were some ad hoc skating rinks cleared by shoveling, but those were ruined by rains, more snow, more rains, and intermittent freezes that made a hash of the surface. But recent rains and hard freezes have formed wide paths between remaining islands of ruined snow. On most ponds there aren’t enough open spaces for real hockey games, but there’s plenty enough for skating, and for hockey practice, anyway. (A note to newbies and outsiders: nearly all lakes here are called ponds. Dunno why yet. Maybe one of ya’ll can tell me. Still a bit of a noob myself.)

Hockey practice is what I saw when I paused to take a sunset shot with my phone at Spy Pond, which I passed it late this afternoon on a long walk along the Minuteman Bikeway, which is one of my favorite walking paths (and thoroughfares — at least when it’s warm and clear enough to bike on). As it happens, Spy Pond ice has some history. There was a period, in the mid- to late-1800s, after railroads got big, but before refrigeration came along, when New England was a source for much of the world’s shipped ice. And Spy Pond itself was one of the most productive sources. This picture here…

spypond_history2

… shows ice being harvested for storage in ice houses beside the railroad which is now the Bikeway. I stood near the left edge of this scene when I took the picture at the top, and the boy and his dad playing hockey were about where at the center left, where a horse is shown pulling what looks like a man with a plow. (That last shot is from this historical display alongside the bikeway.)

The brainfather of Boston’s ice industry was Frederic Tudor, about whom I have learned a great deal from The Ice King: Frederic Tudor and His Circle. Highly recommended, if you’re into half-forgotten New England history. The book came as a bonus with membership in Mystic Seaport, a terrific maritime museum down the road on the Connecticut coast.

[Later...] The industry you see depicted above can also serve as a metaphor. For that a hat tip goes to Robin Lubbock (@RLma), New Media Director of WBUR, who pointed me to this piece by Michael Rosenblum. Nails it. (I also love Rosenblum’s Maybe monetizing is not the answer and Edward III, Crecy and Local TV Newsrooms, also via Robin.)

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Why is Steve Jobs taller than Eric Schmidt in this picture? 0114_mz_cover

I’ve met both guys, and I’m sure Eric is taller than Steve. But maybe I’m wrong.

I’m having trouble (must be my night for that) finding believable height information on either of them. (WikiAnswers says Steve is 6’2″, which seems high to me. Still can’t find anything on Eric.)

The reason I bring this up is that photographs and illustrations tell their own stories.

Ever notice how photos in sports stories always show the winner making a great move or looking happy and the loser making a lame move or looking all dejected? The story is often more complicated than that, but this is how default journalistic story-telling goes. You match the photo to the story. It’s an illustration. A picture to match the thousand words.

This  picture, on the cover of this week’s issue of BusinessWeek, shows several things at once: how Apple currently has more stature than Google in the phone business. How these two former colleagues (Eric was for years on Apple’s board) are now competitors. Maybe there’s some back to back stuff.

Anyway, it’s a story. Vendor sports, of course.

Just saying. Maybe there’s some fodder here for Jay & Dave at NYU.

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The Cinternet is Donnie Hao Dong’s name for the Chinese Internet. Donnie studies and teaches law in China and is also a fellow here at Harvard’s Berkman Center. As Donnie sees (and draws) it, the Cinternet is an increasingly restricted subset of the real thing:

map[19]

He calls this drawing a “map of encirclement.” That last noun has a special meaning he explains this way:

“The Wars of (anti-)Encirclement Compaign” were a series battles between China Communist Party and the KMT‘s Nanjing Gorvernment in 1930s. At the time the CCP established a government in south-central China (mostly in Jiang Xi Province). The KMT’s army tried five times to attack and encircle the territory of CCP’s regime. And The CCP’s Red Army was almost defeated in the Fifth Encirclement War in 1934. The Long March followed the war and rescued CCP and its army.

Encirclement is more than censorship. It’s a war strategy, and China has been at war with the Internet from the start.

But while China’s war is conscious, efforts by other countries to encircle the Net are not. To see what I mean by that, read Rebecca MacKinnon‘s Are China’s demands for Internet ‘self-discipline’ spreading to the West? Her short answer is yes. Her long answer is covered in these paragprahs:

To operate in China, Google’s local search engine, Google.cn, had to meet these “self-discipline” requirements. When users typed words or phrases for sensitive subjects into the box and clicked “search,” Google.cn was responsible for making sure that the results didn’t include forbidden content.

It’s much easier to force intermediary communications and Internet companies such as Google to police themselves and their users than the alternatives: sending cops after everybody who attempts a risque or politically sensitive search, getting parents and teachers to do their jobs, or chasing down the origin of every offending link. Or re-considering the logic and purpose of your entire system.

Intermediary liability enables the Chinese authorities to minimize the number of people they need to put in jail in order to stay in power and to maximize their control over what the Chinese people know and don’t know.

In its bombshell announcement on Jan. 12, Google cited massive cyber attacks against the Gmail accounts of human rights activists as the most urgent reason for re-evaluating its presence in China. However, the Chinese government’s demands for ever-increasing levels of censorship contributed to a toxic and unsustainable business environment.

Remember that phrase: intermediary liability. It’s a form of encirclement. Rebecca again:

Meanwhile in the Western democratic world, the idea of strengthening intermediary liability is becoming increasingly popular in government agencies and parliaments. From France to Italy to the United Kingdom, the idea of holding carriers and services liable for what their customers do is seen as the cheapest and easiest solution to the law enforcement and social problems that have gotten tougher in the digital age — from child porn to copyright protection to cyber-bullying and libel.

I’m not equating Western democracy with Chinese authoritarianism — that would be ludicrous. However, I am concerned about the direction we’re taking without considering the full global context of free expression and censorship.

The Obama administration is negotiating a trade agreement with 34 other countries — the text of which it refuses to make public, citing national security concerns — that according to leaked reports would include increased liability for content hosting companies and service providers. The goal is to combat the global piracy of movies and music.

I’m not saying that we shouldn’t fight crime or enforce the law. Of course we should, assuming that the laws reflect the consent of the governed. But let’s make sure that we don’t throw the baby of democracy and free speech out with the bathwater, as we do the necessary work of adjusting legal systems and economies to the Internet age.

Next, What Big Content wants from net neutrality (hint: protection), by Nate Anderson in Ars Technica. According to Nate, more than ten thousand comments were filed on the subject of net neutrality with the FCC, and among these were some from the RIAA and the MPAA. These, he said, “argued that the FCC should encourage ISPs to adopt ‘graduated response’ rules aimed at reducing online copyright infringement”, and that they “also reveal a content-centric view of the world in which Americans will not ‘obtain the true benefits that broadband can provide’ unless ‘copyrighted content [is] protected against theft and unauthorized online distribution’”. He continues,

What could graduated response possibly have to do with network neutrality? The movie and music businesses have seized on language in the FCC’s Notice of Proposed Rulemaking that refuses to extend “neutrality” to “unlawful content.” The gist of the MPAA and RIAA briefs is that network neutrality’s final rules must allow for—and in fact should encourage—ISPs to take an active anti-infringement role as part of “reasonable network management.”

Not that the word “infringement” is much in evidence here; both briefs prefer “theft.” The RIAA’s document calls copyright infringement “digital piracy—or better, digital theft,” and then notes that US Supreme Court Justice Breyer said in the Grokster case that online copyright infringement was “garden variety theft.”

To stop that theft, the MPAA and RIAA want to make sure that any new FCC rules allow ISPs to act on their behalf. Copyright owners can certainly act without voluntary ISP assistance, as the RIAA’s lengthy lawsuit campaign against file-swappers showed, but both groups seem to admit that this approach has now been hauled out behind the barn and shot.

According to the RIAA, “Without ISP participation, it is extremely difficult to develop an effective prevention approach.” MPAA says that it can’t tackle the problem alone and it needs “broadband Internet access service providers to cooperate in combating combat theft.”

“No industry can, or should be expected to, compete against free-by-theft distribution of its own products,” the brief adds.

“We thus urge the Commission to adopt rules that not only allow ISPs to address online theft, but actively encourage their efforts to do so,” says the RIAA.

And that’s how we get the American Cinternet. Don’t encircle it yourself. Get the feds to make ISPs into liable intermediaries forced to practice “self discipline” the Chinese way: a “graduated response” that encircles the Net, reducing it to something less: a spigot of filtered “content” that Hollywood approves. Television 2.0, coming up.

Maybe somebody can draw us the Content-o-net.

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I just posted this essay to IdeaScale at OpenInternet.gov, in advance of the Open Internet Workshop at MIT this afternoon. (You can vote it up or down there, along with other essays.)  I thought I’d put it here too. — Doc


The Internet is free and open infrastructure that provides almost unlimited support for free speech, free enterprise and free assembly. Nothing in human history, with the possible exception of movable type — has done more to encourage all those freedoms. We need to be very careful about how we regulate it, especially since it bears only superficial resemblances to the many well-regulated forms of infrastructure it alters or subsumes.

Take radio and TV, for example. Spectrum — the original “bandwidth” — is scarce. You need a license to broadcast, and can only do so over limited distances. There are also restrictions on what you can say. Title 18 of the United States Code, Section 1464, prohibits “any obscene, indecent or profane language by means of radio communication.” Courts have upheld the prohibition.

Yet, as broadcasters and the “content industry” embrace the Net as a “medium,” there is a natural temptation by Congress and the FCC to regulate it as one. In fact, this has been going on since the dawn of the browser. The Digital Performance Right in Sound Recordings Act (DPRSA) came along in 1995. The No Electronic Theft Act followed in 1997. And — most importantly — there was (and still is) Digital Millenium Copyright Act of 1998.

Thanks to the DMCA, Internet radio got off to a long and very slow start, and is still severely restricted. Online stations face payment requirements to music copyright holders are much higher than those for broadcasters — so high that making serious money by webcasting music is nearly impossible. There are also tight restrictions on what music can be played, when, and how often. Music on podcasts is essentially prohibited, because podcasters need to “clear rights” for every piece of copyrighted music they play. That’s why, except for “podsafe” music, podcasting today is almost all talk.

There is also a risk that we will regulate the Net as a form of telephony or television, because most of us are sold Internet service as gravy on top of our telephone or cable TV service — as the third act in a “triple play.” Needless to say, phone and cable companies would like to press whatever advantages they have with Congress, the FCC and other regulatory bodies.

It doesn’t help that most of us barely know what the Internet actually is. Look up “The Internet is” on Google and see what happens: http://www.google.com/search?hl=en&q… There is little consensus to be found. Worse, there are huge conflicts between different ways of conceiving the Net, and talking about it.

For example, when we say the Net consists of “sites,” with “domains” and “locations” that we “architect,” “design,” “build” and “visit,” we are saying the Internet is a place. (Where, presumably, you can have free speech, enterprise and assembly.)

But if we say the Net is a “medium” for the “distribution” of “content” to “consumers,” we’re talking about something more like broadcasting or the shipping industry, where those kinds of freedoms are more restricted.

These two ways of seeing the Net are both true, both real, and both commonly used, to the degree that we mix their metaphors constantly. They also suggest two very different regulatory approaches.

Right now most of us think about regulation in terms of the latter. That is, we want to regulate the Net as a shipping system for content. This makes sense because most of us still go on the Net through connections supplied by phone or cable companies. We also do lots of “downloading” and “uploading” — and both are shipping terms.

Yet voice and video are just two among countless applications that can run on the Net — and there are no limits on the number and variety of those applications. Nor should there be.

So, what’s the right approach?

We need to start by recognizing that the Net is infrastructure, in the sense that it is a real thing that we can build on, and depend on. It is also public in the sense that nobody owns it and everybody can use it. We need to recognize that the Net is defined mostly by a collection of protocols for moving data — and most of those protocols are open to improvement by anybody. These protocols may be limited in some ways by the wired or wireless connections over which they run, but they are nor reducible to those connections. You can run Internet protocols over barbed wire if you like.

This is a very different kind of infrastructure than anything civilization has ever seen before, or attempted to regulate. It’s not “hard” infrastructure, like we have with roads, bridges, water and waste treatment plants. Yet it’s solid. We can build on it.

In thinking about regulation, we need to maximize ways that the Net can be improved and minimize ways it can be throttled or shut down. This means we need to respect the good stuff every player brings to the table, and to keep narrow but powerful interests from control our common agenda. That agenda is to keep the Net free, open and supportive of everybody.

Specifically, we need to thank the cable and phone companies for doing the good work they’ve already done, and to encourage them to keep increasing data speeds while also not favoring their own “content” subsidiaries and partners. We also need to encourage them to stop working to shut down alternatives to their duopolies (which they have a long history of doing at both the state and federal levels).

We also need to thank and support the small operators — the ISPs and Wireless ISPs (WISPs) — who should be able to keep building out connections and offering services without needing to hire lawyers so they can fight monopolists (or duopolists) as well as state and federal regulators.

And we need to be able to build out our own Internet connections, in our homes and neighborhoods — especially if our local Internet service providers don’t provide what we need.

We can only do all this if we start by recognizing the Net as a place rather than just another medium — a place that nobody owns, everybody can use and anybody can improve.

Doc Searls
Fellow, Berkman Center for Internet & Society
Harvard University

[Later...] A bonus link from Tristan Louis, on how to file a comment with the FCC.

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For most of radio’s history, at least in the U.S., ratings “books” ignored noncommercial stations. Commercial radio shares never added up to 100%. Usually the total was around 87%, give or take. In the market where I spent the most years caring about this stuff — Raleigh/Durham/Chapel Hill, back in the late ’70s and early ’80s (when Dean Landsman was also operating and becoming far more expert than I) — everybody knew that in Chapel Hill had serious numbers. But you couldn’t tell unless you went to Beltsville, Maryland, where Arbitron kept the “diaries” on which listening estimates were based. (In radio one often heard disgruntled managers of stations with unsatisfactory ratings saying “I’m going to Beltsville. I gotta see those diaries.”)

Well, times have changed. You can see noncommercial ratings now. Radio-Info.com is one service. Radio Research Consortium is another. I’ve known about the latter for awhile, but I’m new to the former.

Looking at the December ratings for Los Angeles, has a 2.2 share, which is quite good, especially since the station is just 600 watts (atop Mt. Wilson, where most of the other FMs are, some with over 100,000 watts). Classical has a 2.5. KCRW has a 1.0. (Perspective: the top station, KOST, has a 5.5. And many commercial stations are below both those non-comms. News landmark KFWB has an 0.7. Pacifica’s 110kw KPFK, considered the biggest signal in the whole country, has an 0.2.)

In New York, -FM has a 1.9, WNYC-AM has an 0.8. Freshly noncommercial classical (on a new channel with a weaker signal) has a 1.8. (We’ve had a thread going for months here about that change.) Jazz has an 0.5. (“Party 87.7), which is actually a low-power TV station on old analog channel 6, with audio on 87.7fm, gets an 0.2, but they’ve had as much as an 0.8, which is pretty good for a weak signal below the FM band from the top of the CITI building in Queens, rather than some higher place, such as the Empire State Building. The great music station (broadcasting a directional signal — mostly away from the city — from Fordham in the Bronx, but with boosters coming on all over the place) also gets an 0.2.

In San Francisco, is #4 in the market with a 4.8. (They also have the biggest FM signal, with 110,000 watts coming off Mt. San Bruno.) The big news there is that is tied for #1 with . Both have a 5.8, as both had the month before. KGO has been #1 since the Eisenhower administration. Classical has a 3.4. Jazz has an 0.7 (good for a signal that’s basically just the Peninsula and parts of the East Bay). Little , from the San Francisco Unified School District, gets an 0.3.

Here in Boston, has a 4.5. So you can understand why , with a bigger signal and just an 0.9 rating, decided finally to compete head-to-head as a news & talk NPR-based station. Also why they bought , the classical station with the edge-of-town signal. ‘CRB has a 2.9. , another great music station (but with a secondary signal in the market) had an 0.7. All-folk (with a signal mostly for the south side of town) had an 0.3. Harvard’s WHRB (with a directional signal) got an 0.2).

, my (#213) home market, was last ranked in Fall of ’09. Classical KDB got a 4.2. It’s still commercial, though owned by a nonprofit. I don’t see any noncommercials listed, alas. I’d really like to see how well the new is doing there. Same for its FM, which is a 4-watt translator that does pretty well, considering..

Same goes for Sussex, the then-rural New Jersey market where I got my start in the earliest ’70s, on , a little station on a mountain overlooking Franklin and Hamburg. Back then WSUS was just 360 watts. Now it’s a whopping 590 watts. But it kicks butt in the ratings: down to 13.8 after peaking in the last period at 15.0. Those are very high numbers. I don’t see any noncommercials here either.

Nor do I see any for Raleigh/Durham on Radio-Info, though I’m sure WUNC, WCPE, WSHA and WNCU all do well. Radio Research Consortium is also opaque on the matter.

Continued in the next post.

Markets are Headlocks

Where Markets are Not Conversations is my latest post over at the ProjectVRM blog. It was inspired by the “experience” of taking a fun little personality test at SignalPatterns, followed by SP’s refusal to share the results unless I submitted to a personal data shakedown.

Bottom lines:

  1. I’d rather track myself than have somebody else track me, thank you very much.
  2. This kind of marketing is about as conversational as a prison PA system — and calling any of it “social” makes it not one syllable less so.

There’s a lot to talk about here. Or there. Meanwhile, I’m off to see Avatar a second time with my son, this time in IMAX 3D. Have a fun weekend, kids.

First, read Dave‘s The Mother of all Business Models. The money grafs:

Want to get a message to Dave while he’s on the BART riding under SF? $5. Want to get a message to him while he’s walking the tradeshow at CES? That costs more.

If you’re important enough you shouldn’t even pay to use the mobile device. They’re going to make so much money from your attention. If you’re really important, thinking Warren Buffet, Bill Gates, Mike Arrington, they should pay you — a LOT — to use their device. Wow.

That got me excited. That’s what they have to be thinking at Google. And why not Twitter. Trying to think of a title for this post, I came up with The Mother of All Business Models. This is as far as I can see. A new economy. Nobodies pay, but important people are paid to use your brand cell phone/mobile device. I’m sure that’s the future. Might be horrible but we’re already almost there.

This is great stuff: a whole new frame for the sell side.

Now let’s look at the buy side, and how to keep the sellers from being horrible moms. What do we want there? Or what should we want there, if we knew we had the power, independent of advertisers and their media? I mean native power here: power that each of us has — not by grace of some company or government agency, and not limited to a company’s “platform”, which is almost always the floor of a silo or the lawn of a walled garden (and worth less or nothing outside of it).

We already have some of that power, thanks to protocols, formats and code that (essentially) nobody owns, everybody can use and anybody can improve. One of the most widespread of those, thanks to Dave, is RSS — Really Simple Syndication. Look up RSS on Google. You get 3,210,000,000 results, as of today. Much of that huge number owes to RSS’s nature as essential builing material for the Web that anybody can use, easily.

RSS is easy to make yours, personally, as your tool. Thanks to RSS (atop the Web’s and the Net’s other supportive standards, formats and protocols) anybody can produce, edit, update and syndicate pretty much whatever they like. You don’t have to go to Google or Twitter or Facebook. That independence is key, and has been there from the start, as a founding premise.

Now, what else can we create, to help assert our sides of commercial interactions and relationships — which is the central concern of the VRM (Vendor Relationship Management) community? In the Markets Are Relationships chapter of the 10th Anniversary edition of The Cluetrain Manifesto, I wrote this about the purposes of VRM efforts:

  1. Provide tools for individuals to manage relationships with organizations. These tools are personal. That is, they belong to the individual in the sense that they are under the individual’s control. They can also be social, in the sense that they can connect with others and support group formation and action. But they need to be personal first.
  2. Make individuals the collection centers for their own data, so that transaction histories, health records, membership details, service contracts, and other forms of personal data are no longer scattered throughout a forest of silos.
  3. Give individuals the ability to share data selectively, without disclosing more personal information than the individual allows.
  4. Give individuals the ability to control how their data is used by others, and for how long. At the individual’s discretion, this may include agreements requiring others to delete the individual’s data when the relationship ends.
  5. Give individuals the ability to assert their own terms of service, reducing or eliminating the need for organization-written terms of service that nobody reads and everybody has to “accept” anyway.
  6. Give individuals means for expressing demand in the open market, outside any organizational silo, without disclosing any unnecessary personal information.
  7. Make individuals platforms for business by opening the market to many kinds of third party services that serve buyers as well as sellers.
  8. Base relationship-managing tools on open standards, open APIs (application program interfaces), and open code. This will support a rising tide of activity that will lift an infinite variety of business boats, plus other social goods.
  9. The Intention Economy.

All these will also give rise to:

The latter is the title of the following section of the chapter, where I  explain that advertising is a bubble, and “so is the rest of the ‘attention economy’ that includes promotion, public relations, direct marketing, and other ways of pushing messages through media.” I then explain,

The attention economy will crash for three reasons. First, it has always been detached from the larger economy where actual goods and services are sold to actual customers. Second, it has always been inefficient and wasteful, flaws that could be rationalized only by the absence of anything better. Third, a better system will come along in which demand drives supply at least as well as supply drives demand. In other words, when the “intention economy” outperforms the attention economy.

Some context:

The attention economy will not go away. There will still be a need for vendors to promote their offerings. But that promotion will have a new context: the ability of customers to communicate what they need and want—and to maintain or terminate relationships. Thus the R in CRM will cease to be a euphemism. This will happen when we have standard protocols for all three forms of market activity: transaction, conversation, and relationship.

Transaction we already have. Conversation we are only beginning to develop. (Email, text messaging, and other standard and open protocols help here, but they are still just early steps—even in in 2009, ten years after we said “markets are conversations” in The Cluetrain Manifesto.) Relationship is the wild frontier. Closed “social” environments like MySpace and Facebook are good places to experiment with some of what we’ll need, but as of today they’re still silos. Think of them as AOL 2.0.

Now, what do we need to create The Intention Economy? (That link goes to a piece by that name written almost four years ago.) What’s already there, like RSS and its relatives, that we can put to use? What new protocols, formats, tools and code do we need to create?

Improving selling is a good thing. Improving buying is a better thing. And improving how buyers and sellers relate is better than both. Those last two are what VRM is about. (And the last one is what CRM has always been about, though it hasn’t had any reciprocating system on the buy side, which is what VRM will provide.)

If you want to see some of what we’re up to, or to contribute to it, here’s the wiki. And here’s the list.

Meanwhile, I’m working on a book titled The Intention Economy: What Happens When Customers Get Real Power. If you’re interested in pointing me to helpful scholorship, research and stories for the book, feel free to weigh in with those too.

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Amazon runs dry

So I ordered a bunch of gifts from Amazon for my sister to open on Christmas. Did it all last week so we’d have time for screw ups.

Turns out we needed it.

I won’t go into the details (including stuff that was my fault), but will instead jump ahead to a bug that needs to be fixed: When an order is canceled by Amazon, the history of the order is erased on the Amazon website. It’s like the order never happened. No information remains. The items bougtht, the gift wrap, the shipping details, the credit card used, the fact that the order was made in the first place… all gone. The cancellation details survive only in an email Amazon sends out — and in Amazon’s own memory. If you call them up and ask for help tracking problems down, they can find what they won’t let you see online. I just spent the better part of an hour on the phone with Amazon doing exactly that.

This is wrong. You should be able to look back and see past orders, whether they were completed or not. You should be able to see why orders were canceled (out of stock, credit card glitches, whatever).

While I’m a big fan of self-tracking, the tech for that isn’t here yet. In its absence it would be nice if pioneering (now landmark) companies like Amazon did a better job of remembering what happened, when, and why.

‘Smart’ Electric Utility Meters, Intended to Create Savings, Instead Prompt Revolt is a New York Times story that perhaps suggests a deeper truth: People don’t want their utilities to get smart on them. Except, occasionally, on request. Like, when a bill one month is strangely high.

These paragraphs encapsulate several problems at once:

At the urging of the state senator, Dean Florez, Democrat of Fresno and the chamber’s majority leader, and others, the California Public Utilities Commission is moving to bring in an outside auditor to determine whether the meters count usage properly.

In response to a wave of complaints from the Bakersfield area in the Central Valley, Pacific Gas & Electric has been placing full-page advertisements in newspapers in the area promising benefits from the new meters. It says customers will save money not only by paying rates based on hourly fluctuations in the wholesale market, but also eventually by displaying real-time rates.

To reduce their bills, customers could cut back at pricey peak times and shift some activities, like running a clothes dryer or a vacuum cleaner, to off-peak periods. Utilities will then have lower costs, the argument goes, because the grid will need fewer power plants as demand levels out.

Customers will become “structural winners,” said Andy Tang, senior director of the company’s Smart Energy Web program.

The first problem is that some customers (enough to cause a stink, and cause newspaper stories) think their new “smart” meters are cheating them. Let’s say the meters are fine. (And I’m betting they are.) What’s this say?

The second problem is that the meters complicate usage. Who (besides people paid to care) are interested in wholesale energy market price fluctuations? And how many customers are ready to modulate usage based on fluctuating real-time demand?

The third problem is cultural, normative, and to some degree explains the first two: We’re not used to caring about this kind of stuff. Much less about being “structural winners,” whatever those are.

What’s being called for here is not just new gear that helps users use less electricity, water and gas. And what’s proposed is not just the need for all of us to “go green” and care about wasting resources and cooking the planet. What’s proposed is re-conceiving what a utility is.

Utilities, at least to the end user, the final customer, the one paying the bills, are simple things. They are dumb. Their availabiliy is binary: it’s there or its not. When it is, you want to hold down costs, sure; but you expect it to be there full-time. There should be enough gas or oil to run a furnace, to boil an egg, to produce hot water. There should be enough electricity to light bulbs and keep appliances running. There should be enough water pressure for people to take showers and wash dishes. More than enough doesn’t get noticed. Less than enough is a problem. That or none requires a call to the utility company or the landlord.

“Smart” so far looks complicated. And most people don’t want complicated, especially from their utilities.

Now, what we’re talking about here is making all utilities digital. That is, computerized. Again, complicated. True, for a mostly good cause. But entirely good? I gotta wonder. When I see big companies like GE and IBM talking about making our power “smart,” I think they’re talking about making it smart their way. Which is not like other companies’ ways. And selling “solutions” to utility companies that are different than the next company’s “solutions,” and lock the customers into proprietary systems that can cause more annoyance than convenience down the road.

I haven’t studied any of this, so I don’t know. I’m just saying what I suspect. And I invite correction on the matter. If there are standard ways to smarten power, so that customers can swap out one company’s gear for another’s, that’s fine. But again, I dunno.

Meanwhile, let’s table that and look at the Internet. This is a place where we have a degree of intelligence in a utility. Customers in many places have choices about variables such as bandwidth, and “business” versus “home” levels of support.

But I think what we want out of the Internet is what we already have with water, gas and electricity: it’s just there. Nothing more complicated than that.

I hope that’s where we end up. But my fear is that old-fashioned utilities will get smart the way the phone and cable companies have made the Internet smart. And that would be dumb.

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The comment thread in my last post was lengthened by Seth Finkelstein‘s characterization of me as “basically a PR person”. I didn’t like that, and a helpful back-and-forth between the two of us (and others) followed. In the midst of the exchange I said I would unpack some of my points in a fresh post rather than branch off in the comment thread. So here we are.

We tend to be defined by what we do. Or, in some cases, what we’ve done. Many of our surnames describe the work of an ancestor. Carpenter. Baker. Weaver. Tanner. Of my own surname, it says here,

In his book, Surnames of the United Kingdom, Harrison writes that the surname Searle, Searls, Searles, Serle, Serles, Serrell, or Serrill is of Teutonic origin signifying “Armour or Arms”. It is derived from the Old Teutonic Serlo, Sarla, Sarl, Sarilo, Serilo. Serli ” and the Old English “Searo”, it is the equivalent of the Old High German “Saro” which is the same as the old Norse ” Sorus” meaning Armor arms, skill or device.”

A soldier, I guess. My father, Allen H. Searls, was a soldier, both before and during WWII (he re-enlisted at age 36). But basically he was a carpenter: a builder. So was his father, George William Searls. Also George’s father, Allen Searls. Also Allen’s father, Samuell Searls. I’m not, but my daugther Colette married Todd Carpenter. So my grandson is a Carpenter too.

By the time I knew him, my father was an insurance agent. But he saw himself more as an builder of useful stuff. Thus our basement was a workshop. Pop’s brother-in-law, Archie Apgar, was a banker by day and a builder the rest of the time. In the summer of 1949, the two of them together built our summer house in the woods of South Jersey. (In a paradise of pine, oak and blueberries, now home to a shopping center.) My father was also a longshoreman, a cable-rigger on the George Washington Bridge, and a builder of railroad trestles. He did that in Alaska, where he met my mother, a social worker who had grown up in North Dakota. They married after the War and moved to New Jersey, where Mom worked for many years as a teacher. Her maiden name was Oman, borrowed by a grandfather from a fellow Swede on the boat over from Malmö (or maybe it was Göteburg… someplace with an umlaut).

Mom was a good writer, and in that respect I took more after her than Pop. I started writing in high school, covered sports for my college paper, and the wrote for a variety of newspapers and  magazines across the many years since.

But I’ve done lots of other stuff too. I was a moving man. I drove an ice cream truck. I worked in frozen produce wholesaling (which consisted of moving skids of goods with forklifts and carrying clipboards in and out of freezing warehouses, railroad cars and tractor trailers). I worked in the fronts and the backs of restaurant kitchens, and waiting tables. I flipped burgers and worked counters in fast food joints. I worked in the kitchen at a hospital, and delivering food to patients. I worked in retail, both in sales and management. I worked as a community organizer in a social welfare project (a job that later gave me respect for Barack Obama’s work at the same job, especially since he was good at it and I was not). I worked in radio, doing everything from selling ads to spinning records to engineering, including maintaining transmitters and tower-climbing to change bulbs. I did site studies for FM stations, and made new facility applications to the FCC. I worked in academic parapsychology, helping with research and editing publications. I worked in a landlord’s sawmill when I couldn’t make the rent. And I worked in advertising and PR. Next to writing, that’s the job I held longest.

In 1978 I co-founded Hodskins Simone & Searls, an advertising agency in Durham, North Carolina. By 1980 we came to specialize in what as then called “high tech”. We did well and opened a second office in Palo Alto, moving there completely in 1986. A couple years later we created a division called The Searls Group, which specialized in PR, and eventually spun off on its own as a marketing consultancy. Our clients included Farallon, Symantec, The Burton Group, pieces of Apple and Motorola, Sun Microsystems, Hitachi Semiconductor, Zenith Data Systems and many more.

I had mixed feelings about doing PR, because I was still a journalist at heart, even though I was only freelancing at it during that time. And, while being a journalist made me a better flack, it didn’t make me less of one. I also found that PR folk had little leverage on corporate strategy. Their function was output, not input. So, after awhile, I moved The Searls Group’s work up the client stack, to the point where we did consulting at the CXO level, helping clients understand and engage their markets, rather than in helping them craft and send messages to those markets. You might say our job was delivering (often unwelcome) clues to the places where those clues were needed most. This shift started in the early ’90s and was done by the time Chirs Locke, Rick Levine, David Weinberger and I wrote The Cluetrain Manifesto, in 1999.

Not long after Cluetrain came out as a book in early 2000, Jakob Nielsen noted the use of the first person plural voice in the original Manifesto. When we talked about “we”, as with this here…

not

… we were not speaking as marketers. We were speaking as human beings, out in the marketplace. What happened, Jakob said, was that “You guys defected from marketing, and sided with markets against marketing.”

He was right.

The great irony that followed was that Cluetrain was generally classified as a marketing book, and its closest followers have been in marketing as well. Many marketers have been inspired by Cluetrain to improve marketing, including the practices of advertising and PR. Along those same lines, Cluetrain has also been credited with foreseeing the “social” movement in computing and communications, and with inspiring and guiding that movement as well. Look up Cluetrain+social on Google and see what comes up. (Here’s a Twitter search for the same.)

I’m not proud, or even happy, with either of those developments. Not long ago I even suggested that “social media” is a crock. My point was not to denigrate people doing good work in the social media space, but rather to point out that our collective vision of this space was wrongly limited to what could be done on Facebook, Twitter and other commercial “platforms”. Ignored was the freedom and independence granted by the Net’s own open and essentially ownerless platforms and protocols — and the need to equip individuals with their own instruments of independence and engagement: work that’s still mostly not done.

That’s why I welcomed the opportunity to add fresh chapters to Cluetrain for its 10th anniversary edition. For the last few years I’ve been working on Cluetrain’s unfinished (or unstarted) business, through ProjectVRM, at Harvard’s Berkman Center, and through its collection of allied efforts and volunteers, both around the Center and around the world. Thus my own chapter of the latest Cluetrain is titled Markets Are Relationships, and unpacks the ambitions behind VRM (which stands for Vendor Relationship Management):

  1. Provide tools for individuals to manage relationships with organizations. These tools are personal. That is, they belong to the individual, in the sense that they are under the individual’s control. They can also be social, in the sense that they can connect with others and support group formation and action. But they need to be personal first.
  2. Make individuals the collection centers for their own data, so that transaction histories, health records, membership details, service contracts, and other forms of personal data aren’t scattered throughout a forest of silos.
  3. Give individuals the ability to share data selectively, without disclosing more personal information than the individual allows.
  4. Give individuals the ability to control how their data is used by organizations, and for how long, including agreements requiring organizations to delete the individual’s data when the relationship ends.
  5. Give individuals the ability to assert their own “terms of service,” obviating the need for organization-written terms of service that nobody reads and everybody has to “accept” anyway.
  6. Give individuals means for expressing demand in the open market, outside any organizational silo, without disclosing any unnecessary personal information.
  7. Make individuals platforms for business, by opening the market to many kinds of third party services that serve buyers as well as sellers.
  8. Base relationship-managing tools on open standards, open APIs (application program interfaces) and open code. This will support a rising tide of activity that will lift an infinite variety of business boats, plus other social goods.

We don’t have those tools yet. When we do, they will change the way customers relate to companies, and therefore change the reverse as well. That will change the job of marketing, sales, and pretty much everything else a company does — so long as it responds to customers who are far better equipped to express demand, and otherwise relate, than they are today.

So, to sum up, there is a place where I stand in respect to all the above. That place is alongside customers, in the marketplace. Not alongside sellers, even when I’m consulting those sellers. My consulting hat is not a PR or a marketing one. It’s a customer hat. A user hat. (And, to the extent that I’m hired to help make sense of free and open source development, a geek hat.)

This is why I took offense to being labeled a “PR person.” I have no problem with good PR people. In fact I try to help them out, along with everybody else who’s interested in my input. But what makes me valuable, I believe, is where I stand in respect to customers. I’m on their side. I’m trying to help them out, and markets along with them. Maybe I’ll succeed, and maybe not. But I do believe that, in the long run, we will have VRM tools, and that these tools will make life better for everybody in the marketplace, including vendors.

Meanwhile, there is a temptation not only to confuse the past with the , but the present with the future. We tend to assume that, as John Updike once said (at a time when copiers, answer machines and faxes seemed miraculous), “we live in the age of full convenience”. We don’t. The present is just a draft for the future. Our conveniences are just prototypes.

I’m glad Seth and others (Dave Rogers, where are you?) are out there, calling bullshit on techno-utopians like me. A lot of what Seth and others on that thread had to say was sobering stuff. The flywheels of Old Skool industrial practices, and thinking, have not gone away. They even spin inside “good” companies like Google.

Markets are different now that the Net runs beneath them. There are fewer secrets, and both good ideas and bad can spread with alarming speed. Lately the split between the static and the live web (which most of us call “real-time” and some of us saw coming half a decade and more ago) has become dramatic and confusing. So has the split between fixed and mobile computing and communications. One can get lost through enthusiasm, despair, or both. Hey, the iPhone is a wonderful thing, but — what next? And why? And how?

Markets are no better than we make them. I’m not sure what one should call a person who works on tools to make markets better. But hey, that’s my job.

Guess I’m a builder after all.

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stpaul_paternoster
So I’ve been out and about London the 2-3 days. Had a great time. Beautiful city in Christmas season, even (or perhaps especially) in the rain. Not much connectivity, or time to connect, actually. The above is one of the few pix I took, before breakfast with JP Rangaswami this (or yesterday, depending) morning. Shot it with a little pocket camera. Not bad, considering. Moon over a spire of St. Paul’s Cathedral from Paternoster Square, one of my haunts there. I leave in a few hours for DC, then Boston. See ya’ll stateside.

I was gonna tweet this, but Twitter’s down again. #LeWeb, I guess.

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Empowering the Internet One American at a Time is an excellent post by Erik Cecil, a battle-hardened telecom lawyer whose vision of the Big Picture and around all curves continues to delight me. The post first appeared on a mail list, and is addressed primarily to fellow Internet and telecom obsessives (myself included). Here are its opening paragraphs:

From this lawyer’s perspective, regulation mostly puts the legal power in the hands of carriers and regulators. The Internet puts technology in the hands of everyday people. There’s a mismatch. I’ve offered here and in other places simple ways to fix that near term, but as you may see from discussions in policy, legal, technical, and economic circles, we get into all sorts of interesting chats about history and this and that, but few actually take on the political realities and industry issues head-on. Connectivity sucks in every state because we subsidize to the tune of billions of dollars per year ancient technologies, force new ones into those shoehorns, and drive costs through the roof. Industry, particularly competitive industry is hemmed in on one side by what by any monetary measure is monopoly and on the other by regulators. Since industry is terrified of getting under the skin of the regulators (with good reason in many respects – they can be vindictive at times; happy to take anyone through any dozen briefs, recommended decisions and commission decisions), there’s a lot of dancing around the issue, but few, IMHO, really run it to ground.

Very simply: federalize regulation BUT put the rights in the hands of individuals rather than the always hyper-political state PUCs, which, as you note and as has been discussed on this list and other lists for years, tend to be self-serving in how they cut up their data. Unless and until we flatten regulation, it will continue to flatten us. The little guys cannot afford the legal and political horsepower it takes to compete. Trust me; I’ve run some of the biggest ones around (at least from the competitive side) and I still deal with this on a daily basis.

More fodder for this morning’s session at Supernova.

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Yesterday the FCC released a public notice seeking comment on the “transition from circuit switched network to all-IP network.” (Here’s the .pdf. Here’s the .txt version.) Translation: from the phone system to the Internet.

This is huge. Really. Freaking. Huge.

Or maybe not. Could be it’s all just posturing or worse. But I don’t think so. Or I hope not.

Either way, it matters. For better and worse, the Internet reposes in legal as well as technical infrastructures.

The money text:

The intent of this Public Notice is to set the stage for the Commission to consider whether to issue a Notice of Inquiry (NOI) relating to the appropriate policy framework to facilitate and respond to the market-led transition in technology and services, from the circuit switched PSTN system to an IP-based communications world.

In the spirit of understanding the scope and breadth of the policy issues associated with this transition, we seek public comment to identify the relevant policy questions that an NOI on this topic should raise in order to assist the Commission in considering how best to monitor and plan for this transition.

In identifying the appropriate areas of inquiry, we seek to understand which policies and regulatory structures may facilitate, and which may hinder, the efficient migration to an all IP world. In addition, we seek to identify and understand what aspects of traditional policy frameworks are important to consider, address, and possibly modify in an effort to protect the public interest in an all-IP world.

The italics are mine.

There is a high degree of presumption here. I mean, are we really migrating to an all-IP world? All? Most of us still watch plenty of television. And, in the immortal words of Wierd Al Yankovic, we all have cell phones. Neither TV nor cellular telephony are even close to an “all-IP world.” IP might be involved, but … there is some distance to cover here. And not much motivation by phone companies to make the move.

Still, we can see it happening. Your smartphone today is a data device that happens to run a lot of applications, which include both telephony and television. Yet the bill you get for using your phone (no matter how smart it is) comes from a phone company. The underlying infrastucture, including 3G, is largely a phone system. It handles data, and it’s mostly digital, but it is not fundamentally a data system. It’s a phone system built for billing by the minute. Or even the second.

Can we change phone systems into all-IP data systems? I would hope so.

But before I go any deeper, I want to plug my panel tomorrow morning (8:30am Pacific) at Supernova (#sn09). The title is Telecom as Software. Any questions you want me to ask, or topics you want me to cover, put them below.

I just posted Rupert Murdoch vs. The Web, over at Linux Journal. In it I suggest that the Murdoch story (played mostly as Bing vs Google) is a red herring, and that the real challenge is to free the Web and ourselves from dependencies from giant companies I liken to volcanoes:

We’re Pompeians, Krakatoans, Montserratans, building cities and tilling farms on the slopes of active volcanoes. Always suckers for stories, we’d rather take sides in wars between competing volcanoes than build civilization on more flat and solid ground where there’s room enough for everybody.

Google and Bing are both volcanoes. Both grace the Web’s landscape with lots of fresh and fertile ground. They are good to have in many ways. But they are not the Earth below. They are not what gives us gravity.

I think one problem here is a disconnect between belief systems about markets, and the stories that arise from them.

One system believes a free market is Your Choice of Captor. In this camp I put both the make-it/take-it mentality (where “winners” are rewarded and “losers” punished) of the Wall Street Journal (which a few months ago looked upon the regulated duopolies for Internet access as the “free market” at work) and those who see business (or corporations, or capitalism, or all three) as a problem and look to government — another monopoly — for remedy from these evils in the marketplace. In other words, I lump both the left and the right in here, along with the conflicts between them.

The other system sees markets as settings for human activity: the locations, both real and virtual, where people and their organizations meet to do business, make culture, and build civilization. Here I put nearly everybody who contributed the structural agreements that made the Internet possible, and who truly understand what it is and how it works, even if they can’t all agree on what metaphors to use for it. I also include all who have contributed, and continue to contribute, to the free and open code bases with which we are building out our networked world. While political beliefs among members of this system may sort somewhere along the right-vs.-left axis, what they do to build the world is orthogonal to that axis. That’s one big reason why that work escapes notice.

The distinction I see here aligns well with Virginia Postrel‘s contrast between “stasists” and “dynamists”. The difference is that much of what gets done to make the networked world (and to support its dynamism) isn’t “dynamic” in the active and dramatic sense of the word — except in its second-order effects. For example, SMTP and IMAP are not dynamic. (Being mannerly technical agreements, protocols don’t do that.) But on those protocols (and related ones) email happened, and the world hasn’t been the same since.

With that distinction in mind, I suggest that too much oxygen suckage is wasted on “wars” between the stasists (some of whom are also into the superficially dynamistic attention-suck of vendor sports — here’s an oldie but goodie that still makes my point), and not enough on constructive work done by geeks and entrepreneurs who quietly build the original and useful stuff that serves as solid infrastructure on which countless public goods (including wealth creation beyond measure) can be generated.

We have the same problem in most net neutrality arguments. The right hates it, the left loves it. One looks to protect the “free market” of phone and cable companies (currently a Your-Choice-of-Captor system) while the other looks to government (meet your new captor) for relief. When in fact the whole thing has happened all along within what Bob Frankston calls The Regultorium.

The primary dynamism of the Internet — what gave us the Net in the first place, and what holds the most promise in the long run — doesn’t just come from those parties, and can’t be found in the arguments they’re having. It comes from low-box-office geekery that supports enormous new business opportunities (along with many public benefits, with or without business).

It’ll take time to see this, I guess. Just hope we don’t drown in lava in the meantime.

Bonus red herring: A lot of news really isn’t.

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@robpatrob (Robert Paterson) asks (responding to this tweet and this post) “Why would GBH line up against BUR? Why have a war between 2 Pub stations in same city?” (In this tweet and this one, Dan Kennedy asks pretty much the same thing.)

The short answer is, Because it wouldn’t be a war. Boston is the world’s largest college town. There are already a pile of home-grown radio-ready program-filling goods here, if one bothers to dig and develop. The standard NPR line-up could also use a challenge from other producers. WGBH is already doing that in the mornings by putting The Takeaway up against Morning Edition. That succeeds for me because now I have more choices. I can jump back and forth between those two (which I do, and Howard Stern as well).

The longer answer is that it gives GBH a start on the inevitable replacement of signal-based radio by multiple streams and podcast line-ups. WGBH has an exemplary record as a producer of televsion programming, but it’s not setting the pace in other media, including radio. The story is apparent in the first four paragraphs of its About page (which is sure to change):

WGBH is PBS’s single largest producer of content for television (prime-time and children’s programs) and the Web. Some of your favorite series and websites — Nova, Masterpiece, Frontline, Antiques Roadshow, Curious George, Arthur, and The Victory Garden, to name a few — are produced here in our Boston studios.

WGBH also is a major supplier of programs heard nationally on public radio, including The World. And we’re a pioneer in educational multimedia and in media access technologies for people with hearing or vision loss.

Our community ties run deep. We’re a local public broadcaster serving southern New England, with 11 public television services and three public radio services — and productions (from Greater Boston to Jazz with Eric in the Evening) that reflect the issues and cultural riches of our region. We’re a member station of PBS and an affiliate of both NPR and PRI.

In today’s fast-changing media landscape, we’re making sure you can find our content when and where you choose — on TV, radio, the Web, podcasts, vodcasts, streaming audio and video, iPhone applications, groundbreaking teaching tools, and more. Our reach and impact keep growing.

Note the order: TV first, radio second, the rest of it third. But where WGBH needs to lead in the future is with #3: that last paragraph. Look at WGBH’s annual report. It’s very TV-heavy. Compare its radio productions to those of Chicago Public Radio or WNYC. Very strong in classical music (now moving over to WCRB, at least on the air), and okay-but-not-great in other stuff.

Public TV has already become a ghetto of geezers and kids, while the audience between those extrmes is diffusing across cable TV and other media. An increasingly negligible sum of people watch over-the-air (OTA) TV. Here WGBH lost out too. It’s old signal on Channel 2 was huge, reaching more households than any other in New England. Now it’s just another UHF digital signal — like its own WGBX/44, with no special advantages. Public radio is in better shape, for now, because its band isn’t the ever-growing accordion file that cable TV has become; and because most of it still lives in a regulated protectorate at the bottom fifth of the FM band. It also helps public radio that the rest of both the FM and the AM bands suck so royally. (Only sports and political talk are holding their own. Music programming is losing to file sharing and iPods. All-news stations are yielding to iPhone programs that offer better news, weather and traffic reporting. In Boston WBZ is still a landmark news station, but it has to worry a bit with WGBH going in the same direction.)

So the timing is right. WGBH needs to start sinking new wells into the aquifer of smart, talented and original people and organizations here in the Boston area — and taking the lead in producing great new programming with what they find. I’ll put in another plug for Chris Lydon‘s Open Source, which is currently available only in podcast/Web form. And there is much more, including Cambridge-based PRX‘s enormous portfolio of goods.  (Disclosure: my work with the Berkman Center is partially funded through PRX — and those folks, like Chris, are good friends.)

In the long run what will matter are sources, listeners, and the finite amount of time the latter can devote to the former. Not old-fashioned signals.

P.S. to Dan Kennedy’s tweeted question, “Is there another city in the country where two big-time public radio stations go head-to-head on news? Can’t think of one.” Here are a few (though I’d broaden the answer beyond “news,” since WBUR isn’t just that):

All with qualifications, of course. In some cases you can add in Pacifica (which, even though my hero Larry Josephson once called it a “foghorn for political correctness,” qualifies as competition). Still, my point is that there is room for more than one mostly-talk (or news) public radio station in most well-populated regions. Even in Boston, where WBUR has been king of the hill for many years. Hey, other things being equal (and they never are), the biggest signal still tends to win. And in Boston, WGBH has a bigger signal than WBUR: almost 100,000 watts vs. 12,000 watts. WBUR radiates from a higher elevaiton, but its signal is directional. On AM that means it’s stronger than the listed power in some directions and weaker in others; but on FM it means no more than the listed power in some directions and weaker in others. See the FCC’s relative field polar plot to see how WBUR’s signal is dented in every direction other than a stretch from just west of North to Southeast. In other words, toward all but about a third of its coverage area. To sum up, WGBH has a much punchier signal. I’m sure the GBH people also have this in mind when they think about how they’ll compete with BUR.

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Catching up

I’m back in Boston after a great few days in Utah at the Kynetx Impact conference, where VRM and related stuff was brought up and discussed at length. It was an inaugural effort by Kynetx, which has what I think is a novel and profound take on the future of the Web.

The only bad thing that happened on the trip was a crash on my laptop that trashed my email and some other files. One result is that much of the email sent to my Berkman address  cyber.law.harvard.edu) since late Monday was lost. (Glad I back up almost constantly here at home. I do offsite as well, but lacked the connectivity speed during the trip to fix the problem.)

So if you sent me any email that mattered during that time, please send it again. Thanks.

Consider the possibility that “social media” is a crock.

Or at least bear with that thought through Defrag, which takes place in Denver over today and Thursday, and for which the word “social” appears seventeen times in the agenda. (Perspective: “cloud” appears three times, and “leverage” twice.)

What prompts the crock metaphor is this survey, to which I was pointed by this tweet from Howard Rheingold. (I don’t know if the survey is by students of Howard’s Digital Journalism Workspace class, though I assume so.)

While the survey is fine for its purposes (mostly probing Twitter-based social media marketing) and I don’t mean to give it a hard time, it brings up a framing issue for social media that has bothered me for some time. You can see it in the survey’s first two questions: What Social Media platforms do you use? and How often are you on social media sites?

The frame here is real estate. Or, more precisely, private real estate. Later questions in the survey assume is that social media is something that happens on private platforms, Twitter in particular. This is a legitimate assumption, of course, and that’s why I have a problem with it. That tweeting it is a private breed of microblogging verges on irrelevance. Twitter is now as necessary to tweeting as Google is to search. It’s a public activity under private control.

Missing in action is credit to what goes below private platforms like Twitter, MySpace and Facebook — namely the Net, the Web, and the growing portfolio of standards that comprise the deep infrastructure, the geology, that makes social media (and everything else they support) possible.

Look at four other social things you can do on the Net (along with the standards and protocols that support them): email (SMTP, POP3, IMAP, MIME); blogging (HTTP, XML, RSS, Atom); podcasting (RSS); and instant messaging (IRC, XMPP, SIP/SIMPLE). Unlike private social media platforms, these are NEA: Nobody owns them, Everybody can use them and Anybody can improve them. That’s what makes them infrastructural and generative. (Even in cases where protocols were owned, such as by Dave Winer with RSS, efforts were made to remove ownership as an issue.)

Tweeting today is in many ways like instant messaging was when the only way you could do it with AOL, Microsoft, Yahoo, Apple and ICQ. All were silos, with little if any interoperabiity. Some still are. Check out this list of instant messaging protocols. It’s a mess. That’s because so many of the commonly-used platforms of ten years ago are still, in 2009, private silos. There’s a degree of interoperability, thanks mostly to Google’s adoption of XMPP (aka Jabber) as an IM protocol (Apple and Facebook have too). But it’s going slow because AOL, MSN and Yahoo remain isolated in their own silos. Or, as Walt Whitman put it, “demented with the mania of owning things”. With tweeting we do have interop, and that’s why tweeting has taken off while IM stays stagnant. But we don’t have NEA with Twitter, and that’s why tweeting is starting to stagnate, and developers like Dave are working on getting past it.

Here’s my other problem with “social media” (as it shows up in too many of the 103 million results it currently brings up on Google): as a concept (if not as a practice) it subordinates the personal.

Computers are personal now. So are phones. So, fundamentally, is everything each of us does. It took decades to pry computing out of central control and make it personal. We’re in the middle of doing the same with telephony — and everything else we can do on a hand-held device.

Personal and social go hand-in-hand, but the latter builds on the former.

Today in the digital world we still have very few personal tools that work only for us, are under personal control, are NEA, and are not provided as a grace of some company or other. (If you can only get it from somebody site, it ain’t personal.) That’s why I bring up email, blogging, podcasting and instant messaging. Yes, there are plenty of impersonal services involved in all of them, but those services don’t own the category. We can swap them out. They are, as the economists say, substitutable.

But we’re not looking at the personal frontier because the social one gets all the attention — and the investment money as well.

Markets are built on the individuals we call customers. They’re where the ideas, the conversations, the intentions (to buy, to converse, to relate) and the money all start. Each of us, as individuals, are the natural points of integration of our own data — and of origination about what gets done with it.

Individually-empowered customers are the ultimate greenfield for business and culture. Starting with the social keeps us from working on empowering individuals natively. That most of the social action is in silos and pipes of hot and/or giant companies slows things down even more. They may look impressive now, but they are a drag on the future.

Defrag wraps tomorrow with a joint keynote titled “Cluetrain at 10″. On stage will be JP Rangaswami, Chris Locke, Rick Levine and yours truly, representing four out of the seven contributors to the new 10th Anniversary Edition of The Cluetrain Manifesto. We don’t have plans for the panel yet, but I want it to be personal as well as social, and a conversation with the rest of the crowd there. Among other things I want to probe what we’re not doing because “social” everything is such a bubble of buzz right now.

See some of ya there. And the rest of you on the backchannels.

amazon_items_to_consider

So I just went to look up Debora Spar’s Ruling the Waves, on Amazon, and was greeted by the above. Never mind that I wasn’t looking for what they said I just looked at. Consider instead the strangeness of having something with my name on it, as an author, and that I can reasonably be presumed to own recommended to me as a purchase. (As it happens I also own the third item. Dunno if I bought it from Amazon or not.)

For what it’s worth, can I find anywhere in my Amazon account info a place where I can let them know I’m an author and not just a customer.

Am I wrong about that? Is there a way I can let them know that? Is it worthwhile to either of us?

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Wow: Regis McKenna‘s Wikipedia entry is one short paragraph. Geoffrey Moore‘s is barely more than a stub. We’re talking here about two of the greatest marketing minds in human history. I’m not joking. Amazing.

Neither has a picture, either. I just checked my own 31,000-shot gallery, and didn’t find either one. I did find the great Phil Moore, however. Like I said at that link, one of my heroes.

Blog search is mighty thin in Wikipedia. Technorati’s entry is stale. IceRocket and BlogPulse are stubs. BlogScope is minimal.

It’s really wierd. While “real time” is heating up as a topic, real time search seems to have fallen off the radar of everybody other than itself.

Take this piece by Marshall Kirkpatrick in ReadWriteWeb. It begins, Web search, real-time search and social search. That’s a pretty compelling combination and it’s what both Google and Facebook put on the table today in a head-to-head competiton. Then it compares Google, Facebook and Bing at all three, in a chart.

Hey, why not the search engines that have been looking at real time for the duration? Here’s IceRocket on real time search as a string. You get blogs, Twitter, video, news and images. Fast, simple, uncomplicated, straightforward. Like a search engine ought to be.

Here’s the IceRocket trend line for “real time search”. And here’s the BlogScope trend line for “blogging”.

Earth to buzz: You’re obsessing on the wrong thing. “Real time search” isn’t just Twitter and Facebook. It’s blog search too. Always was.

Syndication and real time will matter long after “social” goes passé. (And “social” will matter long after the next buzzthing goes passé.)

For whatever reasons, Google and Bing don’t get it. There are better tools out there for Live Web search. Check ‘em out.

Bonus graph.

The older I get, the earlier it seems.

So many gone things once looked like final stages: AM radio, nuclear bombs, FM, stereo, FM stereo, TV, color TV, quadrophonic sound, answer machines, PCs, online services, bulletin boards, home PBXes, newsgroups, instant messaging, cell phones, HD, browsing, pirate radio, free wi-fi, friending, tweeting.

Yeah, some of those aren’t gone yet, but don’t count on their staying around. Not in their current forms.

Three conditions have been profoundly increased by technology during my brief (62.2 year) lifetime: connectivity, autonomy and abundance. Those have been provided respectively by the Net, personal computing, and data processing and storage. I can now connect with anybody or anything pretty much anywhere I go, as an autonomous actor rather than a captive dependent on some company’s silo or walled garden. I can also access, accumulate and put to use many kinds of information of relevance to myself and my world.

Some creepy dependencies are still involved, such as the ones I have with ISPs and phone companies. But I believe even those will become substitutable services in the long run, much as the best “cloud” services are also becoming substitutable utilities.

I haven’t said that all this is a Good Thing. In fact I’m not sure it is. Meaning I’m not sure it has been good for us, or our world, that we have drifted so far from the hunting and gathering animals we were when we diasporized out of Africa during the last Ice Age. Perhaps we have adapted well without evolving at all. Think about it.

We are, if nothing else (and yes, we are much else) a pestilence on the planet. Few creatures other than rats and microbes are more widespread, or have done more to eat and alter the Earth’s contents and its living dependents. Sure, I’m enjoying it too. But at some point the party ends. When it does, what do we go home to?

Anyway, this all comes to mind while reading Nick Carr‘s The eternal conference call. His bottom lines are killer:

  The flaw of synchronous communication has been repackaged as the boon of realtime communication. Asynchrony, once our friend, is now our enemy. The transaction costs of interpersonal communication have fallen below zero: It costs more to leave the stream than to stay in it. The approaching Wave promises us the best of both worlds: the realtime immediacy of the phone call with the easy broadcasting capacity of email. Which is also, as we’ll no doubt come to discover, the worst of both worlds. Welcome to the conference call that never ends. Welcome to Wave hell.

It’s the latest among Nick’s Realtime Chronicles. As always, strong stuff.

The original was born during a writing project David Sifry and I were doing for . Late at night David pinged me and said “Look at this,” and I was amazed. It was the first search engine for what we then called The Live Web (and now call Real Time). Basically, it was a search engine that just paid attention to RSS, which back then consisted mostly of blogs. (I welcome corrections from David, or anybody, on that. It’s been awhile.) When David made Technorati a company, he put me on its advisory board, and for awhile I had some influence on where it went and what it did. It was also, for many subjects, my primary search engine. If I wanted to follow conversation about a subject, Technorati was where I went first. I also liked the way it allowed me to look at a topic’s trending over the last few weeks or months. Technorati was also a technical pioneer, introducing tag search, along with new standards and practices around tagging in general. After Google Blogsearch came along, I used both, but Technorati was usually my first choice. I especially liked s.technorati.com, which gave the same results through a plain no-bullshit search UI.

Over the years, however, Technorati came to value popularity and buzz more than the kind of stuff I was looking for. Some of the same functionality was there, but it was buried deeper and deeper. For example, feeds of searches. If I wanted to subscribe to feeds of, say, a search for Nokia N900, I could click on something that said (or meant) “get a feed for this search.” Google Blogsearch had the same feature, and made it easy. Still does, giving me a choice of Blog Alerts, Atom and RSS, under a heading that says “Subscribe”. Twitter search, similarly, has “feed for this query”.

Without being able to find that feed easily, I lost interest in Technorati, only going there when I couldn’t find the results I wanted elsewhere. By that time David and most of the other people I knew at Technorati had moved on, so I didn’t have much interest in volunteering advice.

But I learned this morning (via Twitter, naturally) that Technorati had gone through an overhaul. It’s certainly faster and less cluttered. But I still can’t find feeds for searches. Trending seems to be gone, or hidden where I can’t find it. And I have no idea how to do tag searches with it. Maybe that’s because, as CEO Richard Jalichandra explains here, “We’re eliminating many of Technorati.com‘s annoyances and some features, especially ones people didn’t use enough to justify the cost. Instead, we’re focusing on delivering the value people really want from us: instead of boiling the ocean to make coffee, we’re aiming to deliver the non-fat soy latte you asked for.”

Well, that “you” isn’t me. Which is cool. Technorati has become less a search company and more a media company. They launched Technorati Media at the same time. It’s a way to buy and sell ads. I wish them well with it. (Hey, Techcruch likes it.)

Meanwhile I’ll stick with Google Blogsearch for my live Web searching.

Wonder what the rest of ya’ll think.

JeffersonDependence begets subservience and venality, suffocates the germ of virtue, and prepares fit tools for the designs of ambition. — Thomas Jefferson

gettingpersonal

Near the start of his Institutional Corruption talk the other day, Larry Lessig sourced the quote above, from Thomas Jefferson. Larry was making a point: that the Framers were interested in personal independence, and not just that of a former colony. The Framers operated, however, in advance of the Industrial Revolution, which was won by Industry and lost by the rest of us — or at least by some of the roles we play in the marketplace.

Such as our roles as customers. While being customers gives us choices among products and services, many of the companies behind those products and services make us dependent on them, in ways we would not prefer if we had a choice. For a measure of how little choice we have, ask yourself how many times you’ve clicked “accept” to “Terms of Service” that typically give all advantages to the seller. Or look the number of cookies stored in your browser.

Well, the tide is turning. We’re finally starting to see a few tools that give users control over how data is collected and used. We’re working on some of those in the VRM community. And they’re a subject of discussion at

vroomboston2009_smaller

at 9:30am on Tuesday, at Harvard Law School, starting with the panel in the title graphic above. You can register here. Even if you show up only for the panel, it’ll help us know how many will be there.

There’s lots more about it at Civilizing the Personal Data Frontier, over at the ProjectVRM blog. Hope to see you there.

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Craig Burton in Open Letter to Steve Ballmer:

  Well F*&% me. Dude, after all of these years, you are still micro managing the Windows release!

  Now I know why Microsoft is now been relegated to insignificance in the identity market.

  The reason is simple. Internal policy, managed by you, prohibits product mangers from keeping up with trends and innovation.

  Let me repeat, if the Federated Identity Group made the required changes to the CardSpace selector today, it will be two years–maybe longer–before it makes it to the market.

  The bottleneck to this problem–and I suspect a slew of others–is you.

  As your friend and long-time competitor/advisor on these issues, I urge you to rethink how this is works. Because it isn’t working.

Craig has such a gentle way of being blunt. My fave line from Craig, addressed to a lame consulting client we shared many years ago: Put down the customer. Step away from the marketplace. I believe that’s what Craig is saying Microsoft is doing here, even if they don’t mean to.

What are we to make of Sidewiki? Is it, as Phil Windley says, a way to build the purpose-centric Web? Or is it, as Mike Arrington suggests, the latest way to “deface” websites?

The arguments here were foreshadowed in the architecture of the Web itself, the essence of which has been lost to history — or at least to search engines.

Look up Wikipedia+Web on Google and you won’t find Wikipedia’s World Wide Web entry on the first page of search results. Nor in the first ten pages. The top current result is for Web browser. Next is Web 2.0. Except for Wikipedia itself, none of the other results on the first page point to a Wikipedia page or one about the Web itself.

This illustrates how far we’ve grown away from the Web’s roots as a “hypertext project”. In Worldwide: Proposal for a Hypertext Project, dated 12 November 1990, Tim Berners-Lee and Robert Callao wrote,

Hypertext is a way to link and access information of various kinds as a web of nodes in which the user can browse at will. Potentially, Hypertext provides a single user-interface to many large classes of stored information such as reports, notes, data-bases, computer documentation and on-line systems help…

…There is a potential large benefit from the integration of a variety of systems in a way which allows a user to follow links pointing from one piece of information to another one. This forming of a web of information nodes rather than a hierarchical tree or an ordered list is the basic concept behind Hypertext…

Here we give a short presentation of hypertext.

A program which provides access to the hypertext world we call a browser. When starting a hypertext browser on your workstation, you will first be presented with a hypertext page which is personal to you: your personal notes, if you like. A hypertext page has pieces of text which refer to other texts. Such references are highlighted and can be selected with a mouse (on dumb terminals, they would appear in a numbered list and selection would be done by entering a number)…

The texts are linked together in a way that one can go from one concept to another to find the information one wants. The network of links is called a web . The web need not be hierarchical, and therefore it is not necessary to “climb up a tree” all the way again before you can go down to a different but related subject. The web is also not complete, since it is hard to imagine that all the possible links would be put in by authors. Yet a small number of links is usually sufficient for getting from anywhere to anywhere else in a small number of hops.

The texts are known as nodes. The process of proceeding from node to node is called navigation. Nodes do not need to be on the same machine: links may point across machine boundaries. Having a world wide web implies some solutions must be found for problems such as different access protocols and different node content formats. These issues are addressed by our proposal.

Nodes can in principle also contain non-text information such as diagrams, pictures, sound, animation etc. The term hypermedia is simply the expansion of the hypertext idea to these other media. Where facilities already exist, we aim to allow graphics interchange, but in this project, we concentrate on the universal readership for text, rather than on graphics.

Thus was outlined, right at the start, a conflict of interests and perspectives. On one side, the writer of texts and other creators of media goods. On the other side, readers and viewers, browsing. Linking the two is hypertext.

Note that, for Tim and Robert, both hypertext and the browser are user interfaces. Both authors and readers are users. As a writer I include hypertext links. As a reader with a browser I can follow them — but do much more. And it’s in that “more” category that Sidewiki lives.

As a writer, Sidewiki kinda creeps me out. As Dave Winer tweeted to @Windley, What if I don’t want it on my site? Phil tweeted back, but it’s not “on” your site. It’s “about” your site & “on” the browser. No?

Yes, but the browser is a lot bigger than it used to be. It’s turning into something of an OS. The lines between the territories of writer and reader, between creator and user, are also getting blurry. Tools for users are growing in power and abundance. So are those for creators, but I’m not sure the latter are keeping up with the former — at least not in respect to what can be done with the creators’ work. All due respect for Lessig, Free Culture and remixing, I want the first sources of my words and images to remain as I created them. Remix all you want. Just don’t do it inside my pants.

I’ll grant to Phil and Google that a Google sidebar is outside the scope of my control, and is not in fact inside my pants. But I do feel encroached upon. Maybe when I see Sidewiki in action I won’t; but for now as a writer I feel a need to make clear where my stuff ends and the rest of the world’s begins. When you’re at my site, my domain, my location on the Web, you’re in my house. My guest, as it were. I have a place here where we can talk, and where you can talk amongst yourselves as well. It’s the comments section below. If you want to talk about me, or the stuff that I write, do it somewhere else.

This is where I would like to add “Not in my sidebar.” Except, as Phil points out, it’s not my sidebar. It’s Google’s. That means it’s not yours, either. You’re in Google-ville in that sidebar. The sidewiki is theirs, not yours.

In Claiming My Right to a Purpose-Centric Web: SideWiki, Phil writes,

I’m an advocate of the techniques Google is using and more. I believe that people will get more from the Web when client-side tools that manipulate Web sites to the individual’s purpose are widely and freely available. A purpose-centric Web requires client-side management of Web sites. SideWiki is a mild example of this.

He adds,

The reaction that “I own this site and you’re defacing it” is rooted in the location metaphor of the Web. Purpose-centric activities don’t do away with the idea that Web sites are things that people and organizations own and control. But it’s silly to think of Web sites the same way we do land. I’m not trespassing when I use HTTP to GET the content of a Web page and I’m not defacing that content when I modify it—in my own browser—to more closely fit my purpose.

Plus a kind of credo:

I claim the right to mash-up, remix, annotate, augment, and otherwise modify Web content for my purposes in my browser using any tool I choose and I extend to everyone else that same privilege.

All of which I agree with—provided there are conventions on the creators’ side that give them means for clarifying their original authorship, and maintaining control over that which is undeniably theirs, whether or not it be called a “domain”.

For example, early in the history of Web, in the place where publishing, browsing and searching began to meet, a convention by which authors of sites could exclude their pages from search results was developed. The convention is now generally known as the Robots Exclusion Standard, and began with robots.txt. In simple terms, it was (and remains) a way to opt out of appearance in search results.

Is there something robots.txt-like that we could create that would reduce the sense of encroachment that writers feel as Google’s toolbar presses down from the top, and Sidewiki presses in from the left? (And who-knows-what from Google — or anybody — presses in from the right?)

I don’t know.

I do know that we need more and better tools in the hands of users — tools that give them independence both from authors like me and intermediaries like Google. That independence can take the form of open protocols (such as SMTP and IMAP, which allow users to do email with or without help from anybody), and it can take the form of substitutable tools and services such as browsers and browser enhancements. Nobody’s forcing anybody to use Google, Mozilla, any of their products or services, or any of the stuff anybody adds to either. This is a Good Thing.

But we’re not at the End of Time here, either. There is much left to be built out, especially on the user’s side. This is the territory where VRM (Vendor Relationship Management) lives. It’s about “equipping customers to be independent leaders and not just captive followers in their relationships with vendors and other parties on the supply side of the marketplace”.

I know Phil and friends are building VRM tools at his new company, Kynetx. I’ll be keynoting Kynetx’ first conference as well, which is on 18-19 November. (Register here.) Meanwhile there is much more to talk about in the whole area of individual autonomy and control — and work already underway in many areas, from music to public media to health care — which is why we’ll have VRooM Boston 2009 on 12-13 October at Harvard Law School. (Register here.)

Lots to talk about. Now, more places to do that as well.

Bonus Links:

[Later...] Lots of excellent comments below. I especially like Chris Berendes’. Pull quote: I better take the lead in remixing “in my pants”, lest Google do it for me. Not fair, but then the advent of the talkies was horribly unfair to Rudolf Valentino, among other silent film stars.

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I like sports, and I enjoy sports talk radio. That’s one reason I have five car radio buttons set on stations carrying games or sports talk: four on AM (WRKO/680, WEEI/850, WAMG/890, WZZN/1510) and one on FM (WBZ-FM/98.5). The other is that sports talk is about 50% advertising, so I like to punch around.

But I wasn’t surprised to read ESPN Radio’s Boston affiliate set to sign off, by Chad Finn in the Boston Globe. It begins, “ESPN Radio’s Boston affiliate, WAMG-AM 890, will go off the air Monday after four years plagued by a weak signal and limited local programming.” In fact, “weak” doesn’t cover it. By day WAMG’s 25,000-watt signal covers the Boston metro pretty well. But at night the station drops to 6,000 watts and a pattern that excludes the whole north side of the metro. The map at that last link doesn’t show how much like a headlight that pattern really is.

Yet that’s not the worst of it. WAMG was able to “drop in” to the market from nowhere in 2005, thanks to a change in FCC rules that protected what were once called (literally) “clear channel” stations. Because signals on the AM band bounce off the ionosphere at night, powerful ones can be heard up to thousands of miles away. Since there were then only 106 channels (every 10KHz from 540 to 1600KHz), a handful were granted “clear channel” status, making them the only stations on those channels at night. Thanks to this rule, I could hear KFI/640 from Los Angeles in New Jersey and WBZ/1030 from Boston in Palo Alto. Here’s the whole list of “clears” as they stood when their status still held.

Since long-distance listening had mostly gone away by the late 1970s, the FCC in 1980 reduced protection for the old “clears” to 750 miles from their transmitters. WLS/890 in Chicago was one of those clears. So you might say that WAMG appeared through a new loophole. Problem was, WLS had not gone away. It often still reached Boston quite well at night, pounding WAMG’s already-weak signal.

This last week I was down in the South portion of Cape Cod, where WAMG puts no signal at all. As a result I could hear WLS quite well on a portable radio, along with other Chicago giants.

The Globe story suggests that WAMG will probably go dark. Given the coverage realities, that might not be the worst thing.

A thought. WAMG is licensed to Dedham, not Boston. It might not be the worst thing for Clear Channel (the name of the company that owns WAMG and a zillion other stations) to sell the licesnse to somebody in the Dedham community, who could cut the power back (to save electricity) and just try to serve the local community itself. Provided, of course, that local radio of the AM sort (which has changed little since the 1920s) still makes sense.

[Later...] Following up on 10 October 2009, WAMG has been off the air for several weeks.

, for which I am a 1K (>100,000 miles per year) flyer, and which I fly so close to exclusively that I’m almost too familiar with their methods, has in the last year added a number of opt-out inconveniences to booking and check-in systems. Here is one for bonus miles that shows up both online and on-screen when going through the “Easy Check-In” process at the airport. Now the passenger has look carefully at the small print before saying no to something he or she doesn’t want.

Worse, one can’t opt out once for this stuff. One has to do it every time.

When I ask people behind the counter how they feel about it, they always say they hate it. It’s one more thing to straighten out with customers who meant to say “no,” but hit “accept” by mistake. Which is, at least partly, the idea.

A couple days ago I responded to a posting on an email list. What I wrote struck a few chords, so I thought I’d repeat it here, with just a few edits, and then add a few additional thoughts as well. Here goes.

Reading _____’s references to ancient electrical power science brings to mind my own technical background, most of which is now also antique. Yet that background still informs of my understanding of the world, and my curiosities about What’s Going On Now, and What We Can Do Next. In fact I suspect that it is because I know so much about old technology that I am bullish about framing What We Can Do Next on both solid modern science and maximal liberation from technically obsolete legal and technical frameworks — even though I struggle as hard as the next geek to escape those.

(Autobiographical digression begins here. If you’re not into geeky stuff, skip.)

As a kid growing up in the 1950s and early ’60s I was obsessed with electricity and radio. I studied electronics and RF transmission and reception, was a ham radio operator, and put an inordinate amount of time into studying how antennas worked and electromagnetic waves propagated. From my home in New Jersey’s blue collar suburbs, I would ride my bike down to visit the transmitters of New York AM stations in the stinky tidewaters flanking the Turnpike, Routes 46 and 17, Paterson Plank Road and the Belleville Pike. (Nobody called them “Meadowlands” until many acres of them were paved in the ’70s to support a sports complex by that name.) I loved hanging with the old guys who manned those transmitters, and who were glad to take me out on the gangways to show how readings were made, how phasing worked (sinusoidal synchronization again), how a night transmitter had to address a dummy load before somebody manually switched from day to night power levels and directional arrays. After I learned to drive, my idea of a fun trip was to visit FM and TV transmitters on the tops of buildings and mountains. (Hell, I still do that.) Thus I came to understand skywaves and groundwaves, soil and salt water conductivity, ground systems, directional arrays and the inverse square law, all in the context of practical applications that required no shortage of engineering vernacular and black art.

I also obsessed on the reception end. In spite of living within sight of nearly every New York AM transmitter (WABC’s tower was close that we could hear its audio in our kitchen toaster), I logged more than 800 AM stations on my 40s-vintage Hammarlund HQ-129x receiver, which is still in storage at my sister’s place. That’s about 8 stations per channel. I came to understand how two-hop skywave reflection off the E layer of the ionosphere favored flat land or open water midway between transmission and reception points . This, I figured, is why I got KSL from Salt Lake City so well, but WOAI from San Antonio hardly at all. (Both were “clear channel” stations in the literal sense — nothing else in North America was on their channels at night, when the ionosphere becomes reflective of signals on the AM band.) Midpoint for the latter lay within the topographical corrugations of the southern Apalachians. Many years later I found this theory supported by listening in Hawaii to AM stations from Western North America, on an ordinary car radio. I’m still not sure why I found those skywave signals fading and distorting (from multiple reflections in the very uneven ionosphere) far less than those over land. I am sure, however, that most of this hardly matters at all to current RF and digital communication science. After I moved to North Carolina, I used Sporadic E reflections to log more than 1200 FM stations, mostly from 800 to 1200 miles away, plus nearly every Channel 3 and 6 (locally, 2,4 and 5 were occupied) in that same range. All those TV signals are now off the air. (Low-band VHF TV — channels 2 to 6 — are not used for digital signals in the U.S.) My knowledge of this old stuff is now mostly of nostalgia value; but seeking it has left me with a continuing curiosity about the physical world and our infrastructural additions to it. This is why much of what looks like photography is actually research. For example, this and this. What you’re looking at there are pictures taken in service to geology and archaeology.

(End of autobiographical digression.)

Speaking of which, I am also busy lately studying the history of copyright, royalties and the music business — mostly so ProjectVRM can avoid banging into any of those. This research amounts to legal and regulatory archaeology. Three preliminary findings stand out, and I would like to share them.

First, regulatory capture is real, and nearly impossible to escape. The best you can do is keep it from spreading. Most regulations protect last week from yesterday, and are driven by the last century’s leading industries. Little if any regulatory lawmaking by established industries — especially if they feel their revenue bases threatened, clears room for future development. Rather, it prevents future development, even for the threatened parties who might need it most. Thus the bulk of conversation and debate, even among the most progressive and original participants, takes place within the bounds of still-captive markets. This is why it is nearly impossible to talk about Net-supportive infrastructure development without employing the conceptual scaffolding of telecom and cablecom. We can rationalize this, for example, by saying that demand for telephone and cable (or satellite TV) services is real and persists, but the deeper and more important fact is that it is very difficult for any of us to exit the framing of those businesses and still make sense.

Second, infrastructure is plastic. The term “infrastructure” suggests physicality of the sturdiest kind, but in fact all of it is doomed to alteration, obsolescence and replacement. Some of it (Roman roads, for example) may last for centuries, but most of it is obsolete in a matter of decades, if not sooner. Consider over-the-air (OTA) TV. It is already a fossil. Numbered channels persist as station brands; but today very few of those stations transmit on their branded analog channels, and most of them are viewed over cable or satellite connections anyway. There are no reasons other than legacy regulatory ones to maintain the fiction that TV station locality is a matter of transmitter siting and signal range. Viewing of OTA TV signals is headed fast toward zero. It doesn’t help that digital signals play hard-to-get, and that the gear required for getting it sucks rocks. Nor does it help that cable and satellite providers that have gone out of their way to exclude OTA receiving circuitry from their latest gear, mostly force subscribing to channels that used to be free. As a result ABC, NBC, CBS, Fox and PBS are now a premium pay TV package. (For an example of how screwed this is, see here.) Among the biggest fossils are thousands of TV towers, some more than 2000 feet high, maintained to continue reifying the concept of “coverage,” and to legitimize “must carry” rules for cable. After live audio stream playing on mobile devices becomes cheap and easy, watch AM and FM radio transmission fossilize in exactly the same ways. (By the way, if you want to do something green and good for the environment, lobby for taking down some of these towers, which are expensive to maintain and hazards to anything that flies. Start with this list here. Note the “UHF/VHF transmission” column. Nearly all these towers were built for analog transmission and many are already abandoned. This one, for example.)

Third, “infrastructure” is a relatively new term and vaguely understood outside arcane uses within various industries. It drifted from military to everyday use in the 1970s, and is still not a field in itself. Try looking for an authoritative reference book on the general subject of infrastructure. There isn’t one. Yet digital technology requires that we challenge the physical anchoring of infrastructure as a concept. Are bits infrastructural? How about the means for arranging and moving them? The Internet (the most widespread means for moving bits) is defined fundamentally by its suite of protocols, not by the physical media over which data travels, even though there are capacity and performance dependencies on the latter. Again, we are in captured territory here. Only in conceptual jails can we sensibly debate whether something is an “information service” or a “telecommunication service”. And yet most of us who care about the internet and infrasructure do exactly that.

That last one is big. Maybe too big. I’ve written often about how hard it is to frame our understanding of the Net. Now I’m beginning to think we should admit that the Internet itself, as concept, is too limiting, and not much less antique than telecom or “power grid”.

“The Internet” is not a thing. It’s a finger pointing in the direction of a thing that isn’t. It is the name we give to the sense of place we get when we go “on” a mesh of unseen connections to interact with other entitites. Even the term “cloud“, labeling a utility data service, betrays the vagueness of our regard toward The Net.

I’ve been on the phone a lot lately with Erik Cecil, a veteran telecom attorney who has been thinking out loud about how networks are something other than the physical paths we reduce them to. He regards network mostly in its verb form: as what we do with our freedom — to enhance our intelligence, our wealth, our productivity, and the rest of what we do as contributors to civilization. To network we need technologies that enable what we do in maximal ways.  This, he says, requires that we re-think all our public utilities — energy, water, communications, transportation, military/security and law, to name a few — within the context of networking as something we do rather than something we have. (Think also of Jonathan Zittrain’s elevation of generativity as a supportive quality of open technology and standards. As verbs here, network and generate might not be too far apart.)

The social production side of this is well covered in Yochai Benkler‘s The Wealth of Networks, but the full challenge of what Erik talks about is to re-think all infrastructure outside all old boxes, including the one we call The Internet.

As we do that, it is essential that we look to employ the innovative capacities of businesses old and new. This is a hat tip in the general direction of ISPs, and to the concerns often expressed by Richard Bennett and Brett Glass: that new Internet regulation may already be antique and unnecessary, and that small ISPs (a WISP in Brett’s case) should be the best connections of high-minded thinkers like yours truly (and others named above) to the real world where rubber meets road.

There is a bigger picture here. We can’t have only some of us painting it.

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Following Tristan LouisFauxpenness, I posted Open vs. Fauxpen at Linux Journal. Includes hat-tipping toward Dave‘s recent work on URL shortening (the latest of which is here).

It’s been a long travel day, and we’ve got an hour to go before getting unstuck here in the Denver airport, which is in Nebraska, I think. Got an early flight out of Boston, then failed to get on by standby with two flights so far. But we’re reserved on the third, and due to arrive in Santa Barbara an hour and a quarter before tomorrow.

Anyway, my normally sunny mood, even in the midst of travel woes (one should appreciate the fact that commercial aviation involves sitting in a chair moving 500 miles an hour, seven miles up), was compromised earlier this evening by an unhappy exchange with Enterprise, the rental car company. I wrote about it in Unf*cking car rental, over in the ProjectVRM blog. It concludes constructively:

So I want to take this opportunity to appeal to anybody in a responsible position anywhere in the car rental business to work together with us at on a customer-based solution to this kind of automated lameness. It can’t be done from the inside alone. That’s been tried and proven inadequate for way too long. Leave a message below or write me at dsearls at cyber dot law dot harvard dot edu.

Let’s build The Intention Economy — based on real, existing, money-in-hand intentions of real customers, rather than the broken attention-seeking and customer-screwing system we have now.

There’s the bait. We’ll see if anybody takes it.

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Reblogging

Two new posts over at the ProjectVRM blog: Testing the all-tip system, and Appreciating TipJoy. Oddly, I didn’t know until after I posted the first one that TipJoy was folding.

What Abby and Ivan Kirgin did with TipJoy was great pioneering work that we can all learn from. I know it will help what we’re doing with EmanciPay and other VRM projects.

The best insights compound the obvious. They make so much sense that you struggle to comprehend their many implications. Such is the case with the first line, and then the first paragraph, of Kevin Kelly‘s Better than Free:

The internet is a copy machine. At its most foundational level, it copies every action, every character, every thought we make while we ride upon it. In order to send a message from one corner of the internet to another, the protocols of communication demand that the whole message be copied along the way several times. IT companies make a lot of money selling equipment that facilitates this ceaseless copying. Every bit of data ever produced on any computer is copied somewhere. The digital economy is thus run on a river of copies. Unlike the mass-produced reproductions of the machine age, these copies are not just cheap, they are free.

Consider the implication of this for the concept of copyright, then ponder the pile of law that first defined it in 1790 (in the U.S.) and has expanded on it ever since.

I won’t offer an opinion about that here, but instead turn our floor over to a pair of brilliant opponents on the subject: William F. Patry and Ben Sheffner. Bill is the author of Moral Panics and the Copyright Wars and a blog by the same name, subtitled “A blog about copyright discourse”—and a copyright attorney in the employ of Google (though he is careful to add, everywhere it makes sense, that “This is a personal blog, not a Google blog”.) Ben is a “copyright/First Amendment/media/entertainment attorney and former journalist” with a long list of credentials in the sidebar of his Copyrights & Campaigns blog, subtitled “Ben Sheffner’s notes on copyright, First Amendment, media, and entertainment law, and political campaigns”. Bill and Ben have been enjoying a very civil and illuminating debate, which Bill outlines this way:

Given the reverse-chronological nature (or LIFD–Last In, First Dug) nature of both blog publishing and geology, the first post is the bottom one on that list. Start there and work upward. I guarantee you will be smarter by the time you get to the top, and hungry for more.

As a pair of bonus links, I’ll point to Edward Samuels’ The Illustrated Story of Copyright, and Michele Boldrin and David K. Levine‘s Against Intellectual Monopoly. I’ve read the first, but not the second. Basically I’m just sharing my reading list here. Again, no opinions. Yet.

Oh, one more recommendation: Adam Gopnik’s Angels and Ages: A Short Book About Darwin, Lincoln, and Modern Life. Among many of its quotable nuggets is this one: “Law is the practice of rules in a context of deals, and Lincoln believed in both.” Keep that in mind when reading all the above.

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For the form of life we call business, we are at a boundary between eras. For biological forms of life, the most recent of these is the K-T boundary between the  and the Eras. The Mezozoic Era ended when Earth was struck by an object that left a crater 110 miles wide and a world-wide layer of iridium-rich crud. Below that layer lies the Age of Dinosaurs, completed. Above that layer accumulate the fossils of life forms that survived the change, and took advantage of it. Notable among these is a branch of theropod dinosaurs we call birds.

In business we have the I-I boundary: the one between the Industrial and Information ages (which Alvin Toffler first observed in The Third Wave, published in 1980).  Below that boundary we find a communications environment dominated by telecom and cablecom. Above it we find a radically different communications environment that still supports voice and video, but as just two among an endless variety of other applications. We call that environment the Internet.

At this moment in history most of us know the Internet as a tertiary service of telephone and cable companies, which still make most of their money selling telephone service and cable TV. Since those are highly regulated businesses, the Internet is subject to degrees of regulatory capture. Some of that capture is legal, but much of it is conceptual, for example when we see the Internet as a grace of telecom and cablecom — rather than as something that subsumes and obsoletes both of those Industrial Age frames.

Such is the risk with “broadband” — a term inherited by the Internet from both telecom and cablecom, and which is a subject of interest for both Congress and the FCC. In April of this year the FCC announced the development of a national broadband plan, subtitled “Seeks Public Input on Plan to Ensure Every American has Access to Broadband Capability”. In July the commission announced that Harvard’s Berkman Center would conduct “an independent review of broadband studies” to assist the FCC. Then yesterday the center put up a notice that it “is looking for a smart, effective fellow to join our broadband research team”. (This is more than close to home for me, since I am a fellow at Berkman. So I need to say that the broadband studies review is not my project — mine is this one — and that I am not speaking for the Berkman Center here, or even in my capacity as a fellow.)

The challenge here for everybody is to frame our understanding of the Net, and of research concerning the Net, in terms that are as native to the Net as possible, and not just those inherited from the Industrial Age businesses to which it presents both threats and promise — the former more obvioius than the latter. This will be very hard, because the Internet conversation is still mostly a telecom and cablecom conversation. (It’s also an entertainment industry conversation, to the degree that streaming and sharing of audio and video files are captive to regulations driven by the recording and movie industries.)

This is the case especially for legislators and regulators, too few of which are technologists. Some years ago Michael Powell, addressing folks pushing for network neutrality legislation, said that he had met with nearly every member of Congress during his tour of duty as FCC chairman, and that he could report that nearly all of them knew very little about two subjects. “One is technology, and the other is economics,” he said. “Now proceed.”

Here is what I am hoping for, as we proceed both within this study and beyond it to a greater understanding of the Internet and the new Age it brings on:

  • That “broadband” comes to mean the full scope of the Internet’s capabilities, and not just data speeds.
  • That we develop a native understanding of what the Internet really is, including the realization that what we know of it today is just an early iteration.
  • That telecom and cablecom companies not only see the writing on the wall for their old business models, but embrace other advantages of incumbency, including countless new uses and businesses that can flourish in an environment of wide-open and minimally encumbered connectivity — which they have a privileged ability to facilitate.
  • That the Net’s capacities are not only those provided from the inside out by “backbone” and other big “carriers”, but from the outside in by individuals, small and mid-size businesses (including other Internet service providers, such as WISPs) and municipalities.

That last item is important because carriers are the theropods of our time. To survive, and thrive, they need to adapt. The hardest challenge for them is to recognize that the money they leave on the shrinking Industrial Age table is peanuts next to the money that will appear on the Information Age table they are in a privileged position to help build.

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I’ve written a lot of stuff on the Web, and when I need to find some of it, Google is where I go. Lately, however, the going hasn’t been quite as good, because Google most of the time asks me if I want to spell my surname differently. For example, if I look up searls infrastructure, I get “Did you mean: Searles infrastructure“? I never used to get that. Now I do.

The former brings up 251,000 results, by the way, while the latter brings up 11,600. And the top result is a guy named Searle.

On that search, by the way, Bing does a better job. At least for me. Same with Yahoo.

[Later...] See the comments below. Looks like we got some debugging of sorts done here. And thanks to Matt and Pandu for responding, and so quickly. Well done.

In Align the interests of: 1. Users and 2. Investors., make a radical yet sensible case for users becoming investors. It’s very consistent with what we’re learning from Scoble plus FriendFeed turning into Friendfeed minus Scoble, which Dave wrote about in Scoble, your blog still loves you, and to which I added a comment that included this:

  The only publication on Earth that’s all Robert’s is his blog. That’s where his soul is, because he can’t sell it.

  …We’re back to first principles now. Users and developers, diggin’ together. Working on stuff that will survive the deaths of companies — and of bright ideas that can’t live anywhere but inside companies that own roach-motel environments that can be sold or shut down tomorrow.

The problem with living in most VC-funded company environments isn’t just that they keep us from living elsewhere (which is bad enough to begin with). It’s that the environments are like houses built to flip. The main idea isn’t to build a great house, but to sell it. It was a lesson I unpacked here in 2001:

  When the “internet economy” was still a high-speed traffic jam somewhere back in 1999, I was at a party in San Francisco. Most of the folks there were young, hip “entrepreneurs”. Lots of all-black outfits, spiky haircuts, goatees and face jewelry. I fell into conversation with one of these guys–a smart, eager young chap I’d met at other gatherings. He was on his second or third startup and eagerly evangelizing his new company’s “mission” with a stream of buzzwords.

  “What does your company do, exactly?” I asked.

  “We’re an arms merchant to the portals industry”, he replied.

  When I pressed him for more details (How are portals an industry? What kind of arms are you selling?), I got more buzzwords back. Finally, I asked a rude question. “How are sales?”

  “They’re great. We just closed our second round of financing.”

  Thus I was delivered an epiphany: every company has two markets–one for its goods and services, and one for itself–and the latter had overcome the former. We actually thought selling companies to investors was a real business model.

Dave take this another step by suggesting that any company whose first loyalty is not to its customers or users is a risky prospect. And that user ownership is a good fix. I agree.

It’s not that we have to blow up everything that came before. It’s that we need to build a new kind of enterprise: founding a People’s Software Company whose first act is to IPO and pool the financial resources of users who believe there is a gap in what Silicon Valley is providing using their old models for corporate structure.

This is definitely in alignment with what we’ve been thinking about and working on with ProjectVRM. And, as with the project Dave wants us to think about here, it’s hard to see the need if you’re looking at the world from the vendor’s side of the demand/supply relationship.

Yesterday Jim Sinur posted Escaping the Zombie Zoo with Better Customer Facing Processes, in which he writes,

  Why can’t I have my own portal that understands me and all the companies I work with and the processes that I use on some frequency? I do like online banking and my bank’s website is somewhat intuitive. Paypal is not too bad either, but why can’t I create a menu of processes I want in stead of organizing favorites? This menu remembers me and all my passwords. I can give it instructions like calculate my net worth as of a certain date and it does it for me. I can tell it to pay certain bills that coordinate with my 15th of the month income check instead of having to rely on credit cards that expire and banks that you can’t control well.

  I want a “Process of Me” where companies can allow me to customize my processes and interface.

What Jim wants is VRM — a way he can manage vendors, rather than just have them managing him. Vendors should adapt to his needs and processes, rather than the reverse, which is what he complains about earlier in his post, and that we all live through every time we have to whip out a loyalty card to interact with some vendor in a lame, exclusive and non-user-driven way.

After Jon Garfunkel replied with a pointer to ProjectVRM, Jim asked, “Which vendors are supporting this or is it a grass roots movement?”

What Dave proposes is one way to remove that distinction.

I’m a born researcher. Studying stuff is a lot of what I do, whether I’m looking out the window of an airplaine, asking a question at a meeting, browsing through the Web and correspondence, or digging through books and journals in libraries.

Most of my library work, however, isn’t in library buildings. I work on my own screen. And there, much of what I’ve been studying lately is in Google scans of books.

I appreciate that Google has done Google Books. I also find the Google Books searching and reading process difficult in much the same way that looking at microfiche is difficult. The difference is that microfiche was in its time the best that could be done, while Google Books is great technology crippled by necessary compromise.

Much of that compromise — still ongoing — is around protecting both libraries and copyright holders. Contention around that topic has been large and complicated. A couple weeks back I hung out at Alternative Approaches to Open Digital Libraries in the Shadow of the Google Book Search Settlement: An Open Workshop at Harvard Law School, and left it better informed and less settled than ever.

In the Huffington Post, Pamela Samuelson, one of the world’s top copyright authorities, has a piece titled The Audacity of the Google Book Search Settlement, that begins,

  Sorry, Kindle. The Google Book Search settlement will be, if approved, the most significant book industry development in the modern era. Exploiting an opportunity made possible by lawsuits brought by a small number of plaintiffs on one narrow issue, Google has negotiated a settlement agreement designed to give it a compulsory license to all books in copyright throughout the world forever. This settlement will transform the future of the book industry and of public access to the cultural heritage of mankind embodied in books. How audacious is that?

She adds,

  Under the settlement, the Authors Guild and AAP are tasked with creating a new collecting society, the Book Rights Registry, which is supposed to find class members, sign them up, and pay them from a revenue stream that Google intends to generate from its commercialization of these books…

  Google will pay to the Registry 63 percent of the revenues it receives from its commercialization efforts of out-of-print books. After deducing its expenses, the Registry will pay royalties to those who have registered with it. Yet, the agreement also authorizes the Registry to pay out unclaimed funds from orphan and other unregistered works to registered owners, even though they are neither the authors nor the publishers of potentially millions of books.

It gets far more icky and complicated than that. Pamela continues,

  However, much larger questions call into question whether the settlement should be approved. One is whether the Authors Guild and AAP fairly represented the interests of all authors and publishers of in-copyright books during the negotiations that led up to the settlement agreement. A second is whether going forward, they and the newly created Registry to which they will give birth will fairly represent the interests of those on whose behalf the Registry will be receiving revenues from Google. As well-intentioned as they may be, the Authors Guild and AAP have negotiated an agreement that serves the interests of the core members of their organizational constituencies, not the thousands of times larger and more diverse class of authors and publishers of books from all over the world.

In What the Google Books Settlement Agreement Says About Privacy, Eric Hellman writes,

  Google, as presently constituted, has every reason to be concerned about user privacy and guard it vigilantly; its business would be severely compromised by any perception that it intrudes on the privacy of its users. As Larry Lessig pointed out at the Berkman workshop, that doesn’t mean that the Google of the future will behave similarly. Privacy concerns should be addressed; the main question has been how and where to address them. My reading of the settlement agreement is that it may be possible to address these concerns through the agreement’s Security Standard review mechanism, through oversight of the Registry, and through state and federal laws governing library patron privacy.

There’s a story this morning on NPR about how Google is building “the prospect of a virtual super-library”. Privacy is the angle on that one too. It’s also been the angle of the EFF for a long time. They’re looking for legally binding privacy guarantees. Google thinks a copyright conflict agreement would be a “wierd” place to put those guarantees.

It is a fortuitous but odd conflation. As Todd Carpenter tweets, “I don’t dismiss privacy concerns (have disabled WhysperSync on my #kindle for privacy) There are just bigger issues at stake.” Todd runs NISO, a publishing standards organization (he is also, by small-world coincidence in this thread — since, oddly, we’ve hardly talked about it, at least so far — my son-in-law). He also blogs here.

Here’s the larger issue for me: Google is a monopoly. One example. I’m looking right now at an AR&D case study (a .pdf I can’t find on the Web at the moment) of Jerry Damson Automotive Group, which the report says is the largest automobile dealer in Alabama. Here’s an excerpt:

  So where is the Damson group’s focus, if not on local media?

  “Every minute of every day is spent thinking about the consequences of our decisions as it relates to Google.” This remarkable statement is one that more advertisers will be making as they, too, grow in their un-derstanding of the Web and how advertising works in a hyperconnected universe. Boles is far ahead of most, but others will not be far behind, for people like him are paving the way for a future generation of strategies and tactics that enable commerce. “We begin each chunk (morning, mid-day, afternoon and evening) of the day with Google Analytics.”

Substitute libraries for “local media”, and you get a sense of the impact here .

Here at Harvard we have Hollis, one of the world’s largest searchable library catalogs. Maybe the largest, I dunno. But it’s a big one, and it matters. When I search through the Hollis catalog, which I do nearly every day through a search thing in my browser toolbar, many of the results are accompanied by a book cover graphic and a link that reads, “Discover more in Google Books”. That pops me out of Hollis and into Google Books itself. In other searches (through the new catalog, which is fancier), I get no mention of Google Books, but when I click on the picture of a book cover, Google Books is where I go. It’s in a different window, but still I get the impression that Google Books is part of Hollis. And that creeps me out a bit, handy as it is in some ways.

Siva Vaidhyanathan is writing a book called The Googlization of Everything: How one companyh is disrupting culture, commerce and community — and why we should worry. He spoke at the workshop as well, and has lots of deep and good things to say.

Lessig says this settlement moves books down the path of documentary films: access encumbered by a bunch of agreements, without a guarantee of future access. It is “worse that a digital bookstore.” It brings us to “an excessive permission culture” produced by “a structure of oligopolies”. A “tendency to access” but not of free access. He suggests that we are turning our culture over to tigers when they still look like kittens.

There is not an easy answer. Or set of answers. So I’ll stand right now on the questions raised at the end of this Seth Finkelstein essay in The Guardian:

  Amid all the reactions, an overall lesson should be how little can be determined by legalism, and how much remains unsettled as new technology causes shifts in markets and power. There’s some value in enemy-of-my-enemy opposition, where the interests of an advertising near-monopoly are a counterweight to a content cartel. But battles between behemoth businesses should not be mistaken for friendship to libraries, authors or public interest.

In the mid-1990s, when I couldn’t find anybody to publish my essays (I didn’t want to cover what I still call “vendor sports”, which eliminated most of the tech magazine market ), I followed Dave Winer‘s footsteps and published my own on the Web. One was The Web and the New Reality, written in raw HTML with formatting borrowed from Netscape’s white papers of the time, complete with all-caps H2 headlines and first letters enlarged with +3 font sizes. Funny how mannered that looks now. Like the skull-and-wings on 18th century headstones.

I stumbled over The Web and the New Reality when I went trudging through the nether pages of Google search results, hoping to find more about the disagreements between Jefferson and Franklin over patents and copyrights. I still haven’t found exactly what I was looking for (though Chapter 2 of James Boyle’s The Public Domain gets me off to an excellent start), but did pause to note in my now-ancient essay a list of prophesies that hold up pretty well, especially since the scope of some embraces futures that still aren’t here but also haven’t been disproven in the years that have already passed. It is certainly utopian, and in that mood outlines some of the ideas we expanded in The Cluetrain Manifesto four (and now fourteen) years later. Here is how it begins:

Reality 2.0

The import of the Internet is so obvious and extreme that it actually defies valuation: witness the stock market, which values Netscape so far above that company’s real assets and earnings that its P/E ratio verges on the infinite.

Whatever we’re driving toward, it is very different from anchoring certainties that have grounded us for generations, if not for the duration of our species. It seems we are on the cusp of a new and radically different reality. Let’s call it Reality 2.0.

The label has a millenial quality, and a technical one as well. If Reality 2.0 is Reality 2.000, this month we’re in Reality 1.995.12.

With only a few revisions left before Reality 2.0 arrives, we’re in a good position to start seeing what awaits. Here are just a few of the things this writer is starting to see…

  1. As more customers come into direct contact with suppliers, markets for suppliers will change from target populations to conversations.
  2. Travel, ticket, advertising and PR agencies will all find new ways to add value, or they will be subtracted from market relationships that no longer require them.
  3. Within companies, marketing communications will change from peripheral activities to core competencies.New media will flourish on the Web, and old media will learn to live with the Web and take advantage of it.
  4. Retail space will complement cyber space. Customer and technical service will change dramatically, as 800 numbers yield to URLs and hard copy documents yield to soft copy versions of the same thing… but in browsable, searchable forms.
  5. Shipping services of all kinds will bloom. So will fulfillment services. So will ticket and entertainment sales services.
  6. The web’s search engines will become the new yellow pages for the whole world. Your fingers will still do the walking, but they won’t get stained with ink. Same goes for the white pages. Also the blue ones.
  7. The scope of the first person plural will enlarge to include the whole world. “We” may mean everybody on the globe, or any coherent group that inhabits it, regardless of location. Each of us will swing from group to group like monkeys through trees.
  8. National borders will change from barricades and toll booths into speed bumps and welcome mats.
  9. The game will be over for what teacher John Taylor Gatto labels “the narcotic we call television.” Also for the industrial relic of compulsory education. Both will be as dead as the mainframe business. In other words: still trucking, but not as the anchoring norms they used to be.
  10. Big Business will become as anachronistic as Big Government, because institutional mass will lose leverage without losing inertia.Domination will fail where partnering succeeds, simply because partners with positive sums will combine to outproduce winners and losers with zero sums.
  11. Right will make might.
  12. And might will be mighty different.

The last two sections, titled How It All Adds Up and The Plus Paradigm, are the ones that see a future in which the economics of abundance plainly outperform those of scarcity.

If Paul Saffo is right when he says we overestimate in the short term and underestimate in the long, my out-there prophesies might still be safe. But in our current short run I remain impressed at how little some of our institutions — especially those of journalism — grok how abundance works.

Last week I sat on two panels at the huge 92nd Annual Convention of the Association for Education inJournalism and Mass Communication in Boston. While much of what was talked about there was clueful in the extreme, there was no shortage of top-down stuff like “corporate strategies and consumer responses” — and very little push-back against the apparent decision by many newspapers and magazines to turn like a flock of fish toward the “strategy” of locking their “content” behind paywalls. Again. They clearly aren’t following Chris Anderson’s advice or example.

On the whole Google used to ignore the paywalled stuff, because it couldn’t be indexed, but now the pubs are leaving teasers out there (or maybe Google now has ways of searching archives anyway), and the result for the reader is clunking into registration and subscription doors that are all different and all annoying — especially when one is already a subscriber to the publication in question and can’t remember the login/password required (as is the case for me with The New Yorker, among other pubs).

So the “plus paradigm” ain’t here yet. But that doesn’t stop me from trying to make it happen anyway. There are worse goals than taking care of Jefferson’s unfinished business.

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Sez the Wall Street Journal headline, No More Perks: Coffee Shops Pull the Plug on Laptop Users — They Sit for Hours and Don’t Spend Much; Getting the Bum’s Rush in the Big Apple.

Erica Alini, writes, “…in a growing number of small coffee shops, firm restrictions on laptop use have been imposed and electric outlets have been locked. The laptop backlash may predate the recession, but the recession clearly has accelerated it.” She tells stories about shops kicking customers out, among other things.

But is there really a “laptop backlash?” I’m reminded of Billy Crystal’s stories about his grandfather. Billy never knew what his grandfather sold. All he heard the old man say was, “Ve’re closed!” Telling customers to go away is an old New Yawk tradition. Is it so different at coffee shops?

I dunno. I travel a lot, use laptops in coffee shops a lot, and have never been told to leave, or even felt a hint that I’m abusing a shop’s hospitality.

Hey, if this is true, there might be a market in New York for coffee shops with plenty of wi-fi and outlets, along with space for more customers to park their tushes and get work done. Woudn’t ya think?

In Curation, meta-curation, and live Net radio, Jon Udell begins, “I’ve long been dissatisfied with how we discover and tune into Net radio”, but doesn’t complain about it. He hacks some solutions. First he swaps time for place:

I’ve just created a new mode for the elmcity calendar aggregator. Now instead of creating a geographical hub, which combines events from Eventful and Upcoming and events from a list of iCalendar feeds — all for one location — you can create a topical hub whose events are governed only by time, not by location.

Then he works on curation:

I spun up a new topical hub in the elmcity aggregator and started experimenting.

That ran into problems from sources. Still it was…

…great for personal use. But I’m looking for the Webjay of Net radio. And I think maybe elmcity topical hubs can help enable that.

So Jon leverages what Tony Karrer described in Second Calendar Curator Joins to Help with List of Free Webinars, and adds,

What Tony showed me is that you can also (optionally) think in terms of meta-curators, curators, feeds, and events. In this example, Tony is himself a curator, but he is also a meta-curator — that is, a collector of curators.

I’d love to see this model evolve in the realm of Net radio. If you want to join the experiment, just use any calendar program to keep track of some of your favorite recurring shows. (Again, it’s very helpful to use one that supports per-event timezones.) Then publish the shows as an iCalendar feed, and send me the URL. As the meta-curator of delicious.com/InternetRadio, as well as the curator of jonu.calendar.live.com/calendar/InternetRadio/index.html, I’ll have two options. If I like most or all of the shows you like, I can add your feed to the hub. If I only like some of the shows you like, I can cherrypick them for my feed. Either way, the aggregated results will be available as XML, as JSON, and as an iCalendar feed that can flow into calendar clients or aggregators.

Naturally there can also be other meta-curators. To become one, designate a Delicious account for the purpose, spin up your own topical hub, and tell me about it.

I really like Jon’s idea. Sometime this weekend I’ll set up what he’s talking abouthere. Or try. I’ve always found Delicious a little too labor-intensive, but then blogging in WordPress’ writing window (as I’m doing now) is a PITA too. (One of these days I’ll get my outliner working again. That’s so much easier for me.)

The new radio dial is a combination of tools and each other’s heads. Given how the Net has eliminated distance as a factor in”reception” (a rapidly antiquifying term), the new frontier is time — how we find it. Or, in radio parlance, how we tune across it to find what we want, and then listen live or off stored files, either in our own devices (podcasting) or in the cloud (on-demand).

As we develop whatever this becomes, we need to avoid the usual traps. For example, there is this tendency for developers — commercial ones, anyway — to believe that the only available paths are –

  1. Making a commodity
  2. Trapping the user

So they do the latter. That’s why we get stuff like the iTunes store, which works with only one brand of mobile devices (Apple’s), and which nearly every other phone maker now, derivatively, wants to copy. (iTunes’ radio tuner, which is nothing more than a directory, works with nothing but itself, near as I can tell. As with most of the iTunes environment, it veers far from Apple’s reputation for ease of use — in addition to being exclusive and non-interoperable.)

What Jon’s doing here is one more among many necessary steps by which control of the marketplace shifts from user-trappers to users themselves.

Speaking of which, there is plenty of user input to the new, improved, and still-improving UI on the Public Radio Player, which now finds programs as well as stations. So, for example, I’m going to be on The Conversation with Ross Reynolds today on KUOW in Seattle, taking about the new 10th Anniversary edition of The Cluetrain Manifesto. The show starts at noon (though my segment comes in a bit later). When I looked up “conversation” on the Player, I found Rick’s show in the list results, and went right there. This goes a long way beyond tuning the way it used to be. But it still has a long way to go.

We’ll get us there.

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I dunno why the New York Times appeared on my doorstep this morning, along with our usual Boston Globe (Sox lost, plus other news) — while our Wall Street Journal did not. (Was it a promo? There was no response envelope or anything. And none of the neighbors gets a paper at all, so it wasn’t a stray, I’m pretty sure.) Anyway, while I was paging through the Times over breakfast, I was thinking, “It’s good, but I’m not missing much here–” when I hit Hot Story to Has-Been: Tracking News via Cyberspace, by Patricia Cohen, on the front page of the Arts section. It’s about MediaCloud, a Berkman Center project, and features quotage from Ethan Zuckerman and Yochai Benkler

ez_yb

(pictured above at last year’s Berkman@10).

The home page of MediaCloud explains,

The Internet is fundamentally altering the way that news is produced and distributed, but there are few comprehensive approaches to understanding the nature of these changes. Media Cloud automatically builds an archive of news stories and blog posts from the web, applies language processing, and gives you ways to analyze and visualize the data.

This is a cool thing. It also raises the same question that is asked far too often in other contexts: Why doesn’t Google do that? Here’s the short answer: Because the money’s not there. For Google, the money is in advertising.

Plain enough, but let’s go deeper.

It’s an interesting fact that Google’s index covers the present, but not the past. When somebody updates their home page, Google doesn’t remember the old one, except in cache, which gets wiped out after a period of time. It doesn’t remember the one before that, or the one before that. If it did it might look, at least conceptually, like Apple’s Time Machine:

timemachine_hero_a

If Google were a time machine, you could not only see what happened in the past, but do research against it. You could search for what’s changed. Not on Google’s terms, as you can, say, with Google Trends, but on your own, with an infinite variety of queries.

I don’t know if Google archives everything. I suspect not. I think they archive search and traffic histories (or they wouldn’t be able to do stuff like this), and other metadata. (Mabye a Googler can fill us in here.)

I do know that Technorati keeps (or used to keep) an archive of all blogs (or everything with an RSS feed). This was made possible by the nature of blogging, which is part of the Live Web. It comes time-stamped, and with the assumption that past posts will accumulate in a self-archiving way. Every blog has a virtual directory path that goes domainname/year/month/day/post. Stuff on the Static Web of sites (a real estate term) were self-replacing and didn’t keep archives on the Web. Not by design, anyway.

I used to be on the Technorati advisory board and talked with the company quite a bit about what to do with those archives. I thought there should be money to be found through making them searchable in some way, but I never got anywhere with that.

If there isn’t an advertising play, or a traffic-attraction play (same thing in most cases), what’s the point? So goes the common thinking about site monetization. And Google is in the middle of that.

So this got me to thinking about research vs. advertising.

If research wants to look back through time (and usually it does), it needs data from the past. That means the past has to be kept as a source. This is what MediaCloud does. For research on news topics, it does one of the may things I had hoped Technorati would do.

Advertising cares only about the future. It wants you to buy something, or to know about something so you can act on it at some future time.

So, while research’s time scope tends to start in present and look back, advertising’s time scope tends to start in the present and look forward.

To be fair, I commend Google for all the stuff it does that is not advertising-related or -supported, and it’s plenty. And I commend Technorati for keeping archives, just in case some business model does finally show up.

But in the meantime I’m also wondering if advertising doesn’t have some influence on our sense of how much the past matters. And my preliminary response is, Yes, it does. It’s an accessory to forgetfulness. (Except, of course, to the degree it drives us to remember — through “branding” and other techniques — the name of a company or product.)

Just something to think about. And maybe research as well. If you can find the data.

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Over at the ProjectVRM blog: Dawn of the Living Infrastructure.

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… customers are so empowered that they don’t feel especially empowered. The new normal is that we expect businesses to listen to us. The companies that don’t are now perceived as Dinosaurs. — David Weinberger, from the new Introduction to 10th Anniversary edition of The Cluetrain Manifesto.

That’s from the first of eight new chapters. Since a lot of people don’t seem to know that the new Cluetrain is a lot bigger and better than the original, I thought it would be cool to start quoting some of the new stuff.

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One of the reasons I liked Dish Network (to the extent anybody can like a purely commercial entertainment utility) was that their satellite receivers included an over-the-air tuner. It nicely folded your over-the-air (OTA) stations in with others in the system’s channel guide. Here’s how it looked:

dish_guide1

Well, the week before last I discovered that our Dish receiver was having trouble seeing and using its broadband connection — and, for that matter, the phone line as well. That receiver was this one here…

vip622-lrg

… a ViP 622. Vintage 2006. Top of Dish’s line at the time. Note the round jack on the far left of the back side. That’s where your outside (or inside) over-the-air antenna plugged in. We’ll be revisiting the subject shortly.

So Dish sent a guy out. He replaced the ViP 622 with Dish’s latest (or so he said): a ViP 722. I looked it up on the Web and ran across “DISH Network’s forthcoming DVRs get detailed: hints of Sling all over“, by Darren Murph, posted May 18th 2008. Among other things it said, “The forthcoming ViP 722 will be the first HD DVR from the outfit with loads of Sling technology built in — not too shocking considering the recent acquisition. Additionally, the box is said to feature an all new interface and the ability to browse to (select) websites, double as a SlingCatcher and even handle Clip & Sling duties.”

So here it was, July 2009, and I had a ViP 722 hooked up to my nice Sony flat screen, and … no hint of anything remotely suggestive of a Sling feature. When I asked the Dish guy about it, he didn’t have a clue. Sling? What’s that? Didn’t matter anyway, because the thing couldn’t use our broadband. The guy thought it might be my firewall, but I don’t have one of those.  Just a straight Net connection, through a router and a switch in a wiring closet that works fine for every other Net-aware device hooked up to it. We tested the receiver’s connection with a laptop: 18Mb down, 4Mb up. No problems. The receiver gets an IP address from the router (and can display it), and lights blink by the ethernet jack. But… it doesn’t communicate. The Dish guy said the broadband was only used for pay-per-view, and we don’t care about that, it doesn’t much matter. But we do care about customer support. Dish has buttons and menu choices for that, but—get this—has to dial out on a phone line to get the information you want. I had thought this was just a retro feature of the old ViP 622, but when I called Dish they said no, it’s still a feature of ALL Dish receivers.

It’s 2009, and these things are still dialing out. On a land line. Amazing.

So a couple days ago my wife called me from the house (I’m back in Boston) and said that the ViP 722 was dead. Tot. Mort. We tried re-setting it, unplugging and plugging it back in. Nothing. Then yesterday Dish came out to fix the thing, found was indeed croaked, and put in a new one: a ViP 722k, Dish’s “advanced, state-of-the-art” reciever of the moment.

Well, it may be advanced in lots of ways, but it’s retarded in one that royally pisses me off: no over-the-air receiver. That jack in the back I pointed out above? Not there.  So, no longer can I plug in my roof antenna to watch over-the-air TV. To do that I’ll have to bypass the receiver and plug the antenna cable straight into the TV. (That has never worked either, because Sony makes the channel-tuning impossible to understand, much less operate. On that TV, switching between satellite and anything else, such as the DVD, is a freaking ordeal.) Oh, and I won’t be able to record over-the-air programs, either. Unless I get a second DVR that’s not Dish’s.

Okay, so I just did some looking around, and found through this video that the ViP 722K has an optional “MT2 OTA module” that gets you over-the-air TV on the ViP 722k. Here’s some more confusing shit about it. Here’s more from Dishuser.org. Here’s the product brochure (pdf). Digging in, I see it’s two ATSC (digital TV) tuners in one, with two antenna inputs, and it goes in a drawer in the back of the set. It costs $30. I don’t think the Dish installer even knew about it. He told me that the feature had been eliminated on the 722K, and that I was SOL.

Bonus bummer: The VIP 722k also features a much more complicated remote control. This reduces another long-standing advantage of Dish: remote controls so simple to use that you could operate them in the dark. Bye to that too.

So. Why did Dish subtract value like that? I can think of only two reasons. One is that approximately nobody still watches over-the-air TV. (This is true. I’m one of the very few exceptions. Color me retro.) The other is that Dish charges $5.99/month for local channels. They did that before, but now they can force the purchase. “Yes, we blew off your antenna, but now you can get the same channels over satellite for six bucks a month.” Except for us it’s not the same channels. We live in Santa Barbara, but can’t get the local over-the-air channels. Instead we watch San Diego’s. Dish doesn’t offer us those, at any price.

The final irony is that the ViP 722k can’t use our broadband or our phone line either. Nobody ever figured out that problem. That means this whole adventure was for worse than naught. We’d have been better off if with our old ViP 622. There was nothing wrong with it that isn’t still wrong with its replacements.

Later my wife shared a conversation she had with a couple other people in town who had gone through similar craziness at their homes. “What happened to TV?” one of them said. “It’s gotten so freaking complicated. I just hate it.”

What’s happening is a dying industry milking its customers. That much is clear. The rest is all snow.

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It helps to recognize that the is exactly what its name denotes: an association of presses. Specifically, newspapers. Fifteen hundred of them. Needless to say, newspapers are having a hard time. (Hell, I gave them some, myself, yesterday.) So we might cut them a little slack for getting kinda testy and paranoid.

Reading the AP’s paranoid jive brings to mind Jim Clark on stage at the first (only?) Netscape conference. Asked by an audience member why he said stuff about Microsoft that might have a “polarizing effect”, Jim rose out of his chair and yelled at the questioner, “THEY’RE TRYING TO KILL US. THAT HAS A POLARIZING EFFECT!” I sometimes think that’s the way the AP feels toward bloggers. Hey, when you’re being eaten alive, everything looks like a pirhana.

But last week the AP, probably without intending it, did something cool. You can read about it in “Associated Press to build news registry to protect content“, a press release that manages to half-conceal some constructive open source possibilities within a pile of prose that seems mostly to be about locking down content and tracking down violators of AP usage policies. Ars Technica unpacks some of the possibilities. Good piece.

Over in Linux Journal I just posted AP Launches Open Source Ascribenation Project, in which I look at how the AP’s “tracking and tagging” technology, which is open source, can help lay the foundations for a journalistic world where everybody gets credit for what they contribute to the greater sphere of news and comment — and can get paid for it too, easily — if readers feel like doing that.

The process of giving credit where due we call , and the system by which readers (or listeners, or viewers) choose to pay for it we call .

Regardless of what we call it, that’s where we’re going to end up. The system that began when the AP was formed in 1846 isn’t going to go away, but it will have to adapt. And adopt. It’s good to see it doing the latter. The former will be harder. But it has to be done.

I’d say more here, but I already said it over there.

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“Saving newspapers” is beginning to look like saving caterpillars. Or worse, like caterpillars saving themselves. That’s was the message I got from Rick Edmonds’ API Report to Exec Summit: Paid Content Is the Future for News Web Sites, in Poynter, back in early June. In The Nichepaper Manifesto Umair Haque points toward a possible future butterfly stage for newspapers. Sez Umair,  “Nichepapers aren’t a new product, service, or business model. They are a new institution.”

He gives examples: Talking Points Memo. Huffington Post. Perez Hilton. Business Insider. He’s careful to say that these may not be the first or the best but are “avenues that radical innovators are already exploring to reconceive news for the 21st century.”

These, however, are limited as news sites, and not the best models of future nichepapers. Yes, they’re interesting and in some cases valuable sources of information; but they all also have axes to grind. In this sense they’re more like the old model (papers always had axes too) than the new one(s).

To help think about where news is going, let’s talk about one cause of serious news: wildfires. In Southern California we have lots of wildfires. They flare up quickly, then threaten to wipe out dozens, hundreds or thousands of homes, and too often do exactly that. Look up San Diego Fire, Day Fire, Gap Fire, Tea Fire, Jesusita Fire. The results paint a mosaic, or perhaps even a pointillist, picture of news sourced, reported, and re-reported by many different people, organizations and means. These are each portraits of an emerging ecosystem within  which newspapers must adapt of die.

Umair says, “In the 21st century, it’s time, again for newspapers to learn how to profit with stakeholders — instead of extracting profits from them. The 21st century’s great challenge isn’t selling the same old “product” better: it’s learning to make radically better stuff in the first place.”

Exactly. And that “making” will be as radically different as crawling and flying.

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[Later, on 1 October 2009... This matter has been resolved. The charge for going over has been dropped, the service restored and good will along with it. Thanks to both @sprintcares and the chat person at My Sprint.]

So I just got a “courtesy call” from Sprint, a company I’ve been talking up for a couple years because I’ve had nothing but positive experience with my Sprint EvDO data card.

Well, that’s over. The call was to inform me that I’d gone over the 5Gb monthly usage limit for my data card, to the tune of 10,241,704.22kb, for which I was to be charged $500, on top of my $59.99 (plus $1.24 tax) monthly charge.

I didn’t know about the 5Gb limit. (In fact, I believed Sprint had an unlimited data plan, which is one reason I used them.) Kent German in CNET explains why in Sprint to limit data usaga on Everything plans. He begins,

When is unlimited not unlimited? Apparently when it comes from Sprint. Though the carrier has been very active about touting its new “simply everything” plan, which includes unlimited mobile Internet and messaging, it plans to place a cap on monthly data usage next month. Sprint will limit its simply everything customers to 5GB of data usage per month, plus 300MB per month for off-network data roaming.

A Sprint representative told BetaNews that the cap is needed to ensure a great customer experience.

O ya. By “great” they must mean bill size. Kent continues,

“The use of voice and data roaming by a small minority of customers is generating a disproportionately large level of operating expense for the company,” the representative said. “This limit is well within the range of what a typical customer would normally use each month.”…

BetaNews said Sprint began notifying customers in monthly bills that were mailed this week. The change will go into effect 30 days after customers receive the note. Also, the carrier said it will call customers next month to make sure they’re aware of the changes.

Well, I don’t read my bills. They go to my bookkeeper, who pays them and tosses whatever BS comes along inside the envelopes. I also don’t have a Sprint phone, or phone number. Maybe that’s why I never got that call.

Why did I go over? Possibly because I had little or no reliable landline (cable) Internet connectivity at my house in Santa Barbara for weeks after I got back there in June. I wrote about that here, here, here, here and here. So I used my Sprint datacard a lot. In fact it was something of a life-saver.

Earth to Sprint: that “small minority of customers” is the future of your company. You should invest in them, and in your relationships with them.

The Sprint person on the “courtesy call” knocked $350 off the bill. That was because she was ready to “work” with me on the matter. I asked her how she arrived at that number. She said she couldn’t say.

I hope they work zero in to their future calculations. Because that’s what they’re getting from me as soon as I find a better deal elsewhere.

I’m not sure how to price the good will they’ve lost. In fact, I’m not sure that has a price.

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In his comment to my last post about the sale of WQXR to WNYC (and in his own blog post here), Sean Reiser makes an important point:

One of the unique things about the QXR was it’s relationship with the Times. The Times owned QXR before the FCC regulations prohibiting newspapers ownership of a radio station were enacted. Because of this relationship, QXR’s newsroom was located in the NY Times building and news gathering resources were shared. In a precursor to newspaper reporters doing podcasts, Times columnists and arts reporters would often appear on the air doing segments.

It’s true. The Times selling WQXR seems a bit like the New Yorker dropping poetry, or GE (née RCA) closing the Rainbow Room. (Which has already happened… how many times?) To cultured veteran New Yorkers, the Times selling WQXR seems more like a partial lobotomy than a heavy heirloom being thrown off a sinking ship.

For much of the history of both, great newspapers owned great radio stations. The Times had WQXR. The Chicago Tribune had (and still has) WGN (yes, “World’s Greatest Newspaper”). The Washington Post had WTOP. (In fact, the Post got back into the radio game with Washington Post Radio, on WTOP’s legacy 50,000-watt signal at 1500 AM. That lasted from 2006-2008.). Trust me, the list is long.

The problem is, both newspapers and radio stations are suffering. Most newspapers are partially (or, in a few cases — such as this one — totally) lobotomized versions of their former selves. Commercial radio’s golden age passed decades ago. WQXR, its beloved classical format, and its staff, have been on life support for years. Most other cities have lost their legacy commercial classical stations (e.g. WFMR in Milwaukee), or lucked out to various degrees when the call letters and formats were saved by moving to lesser signals, sometimes on the market’s outskirts (e.g. WCRB in Boston). In most of the best cases classical formats were saved by moving to noncommercial channels and becomimg public radio stations. In Los Angeles, KUSC took over for KFAC (grabbing the latter’s record library) and KOGO/K-Mozart. In Raleigh, WCPE took over for WUNC and WDBS. In Washington, WETA took over for WGMS. Not all of these moves were pretty, but all of them kept classical music alive on their cities’ FM bands.

In some cases, however, “saved’ is an understatement. KUSC, for example, has a bigger signal footprint and far more to offer, than KFAC and its commercial successors did. In addition to a first-rate signal in Los Angeles, KUSC is carried on full-size stations in Palm Springs, Thousand Oaks, Santa Barbara and San Luis Obispo — giving it stong coverage of more population than any other station in Los Angeles, including the city’s substantial AM stations. KUSC also runs HD programs on the same channels, has an excellent live stream on the Web, and is highly involved in Southern California’s cultural life.

I bring that up because the substantial advantages of public radio over commercial radio — especially for classical music — are largely ignored amidst all the hand-wringing (thick with completely wrong assumptions) by those who lament the loss  — or threatened loss — of a cultural landmark such as WQXR. So I thought I’d list some of the advantages of public radio in the classical music game.

  1. No commercials. Sure, public radio has its pitches for funding, but those tend to be during fund drives rather than between every music set.
  2. More room for coverage growth. The rules for signals in the noncommercial end of the band (from 88 to 92) are far more flexible than those in the commercial band. And noncommercial signals in the commercial band (such as WQXR’s new one at 105.9) can much more easily be augmented by translators at the fringes of their coverage areas — and beyond. Commercial stations can only use translators within their coverage areas. Noncommercial stations can stick them anywhere in the whole country. If WNYC wants to be aggressive about it, you might end up hearing WQXR in Maine and Montana. (And you can bet it’ll be on the Public Radio Player, meaning you can get it wherever there’s a cell signal.)
  3. Life in a buyer’s market. Noncommercial radio stations are taking advantage of bargain prices for commercial stations. That’s what KUSC did when it bought what’s now KESC on 99.7FM in San Luis Obispo. It’s what KCLU did when it bought 1340AM in Santa Barbara.
  4. Creative and resourceful engineering. While commercial radio continues to cheap out while advertising revenues slump away, noncommercial radio is pioneering all over the place. They’re doing it with HD Radio, with webcasting (including multiple streams for many stations), with boosters and translators, with RDS — to name just a few. This is why I have no doubt that WNYC will expand WQXR’s reach even if they can’t crank up the power on the Empire State Building transmitter.
  5. Direct Listener Involvement. Commercial radio has had a huge disadvantage for the duration: its customers and its consumers are different populations. As businesses, commercial radio stations are primarily accountable to advertisers, not to listeners. Public radio is directly accoutable to its listeners, because those are also its customers. As public stations make greater use of the Web, and of the growing roster of tools available for listener engagement (including tools on the listeners’ side, such as those we are developing at ProjectVRM), this advantage over commercial radio will only grow. This means WQXR’s listeners have more more opportunity to contribute positively to the station’s growth than they ever had when it was a commercial station. (Or if, like WCRB, it lived on as a lesser commercial station.) So, if you’re a loyal WQXR listener, send a few bucks to WNYC. Tell them thanks for saving the station, and tell them what you’d like them to do with the station as well.

I could add more points (and maybe I will later), but that should suffice for now. I need to crash and then get up early for a quick round trip to northern Vermont this morning. Meanwhile, hope that helps.

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From Z to A

I understand Zappos selling out to Amazon (even the Amazon logo, which leads from A to Z, makes sense of it) but the news still depresses me. Zappos is a cause as well as a brand. That cause is relationship. As Wikipedia (currently) puts it,

Zappos uses a loyalty business model and relationship marketing. The primary sources of the company’s rapid growth have been repeat customers and numerous word of mouth recommendations.[4][5] In 2005, the chairman reported that 60% of customers were repeat buyers.[5]

Think about the word “company.” At Dictionary.com, the noun is said to mean these things:

  1. a number of individuals assembled or associated together; group of people.
  2. a guest or guests: We’re having company for dinner.
  3. an assemblage of persons for social purposes.
  4. companionship; fellowship; association: I always enjoy her company.
  5. one’s usual companions: I don’t like the company he keeps.
  6. society collectively.
  7. a number of persons united or incorporated for joint action, esp. for business: a publishing company; a dance company.
  8. (initial capital letter) the members of a firm not specifically named in the firm’s title: George Higgins and Company.

And that’s before we get down to military, governmental and other meanings.

Note that the business meanings start at #7. Note the convivial qualities of all the numbered meanings. Zappos has that convivial nature, more than any other big company retailing clothing online. You get the sense that you can relate to these people, because they seem to have a reason for being that goes beyond being the cheapest and most convenient means for choosing goods, paying for them, and having them shipped to you. That’s Amazon’s business. It’s different.

So I’m sure there is synergy there. But synergy alone does not a great acquisition make.

I wonder, now that (as the press release says) “Amazon will provide Zappos employees with $40 million in cash and restricted stock units” — in addition to whatever stockholding Zappos employees get in the form of Amazon stock (the sum of all shareholders and options is 10 million Amazon shares) — if Zappos’ soul and mission will survive the acquisition.

I also wonder what kind of hit the whole subject of relationship, which is so highly potentiated (read: absent, though it shouldn’t be), will take.

Tony Hsieh’s letter to employees (about 100 of them, it says) is reassuring, as is the Jeff Bezos video.

Hope it works out.

[Later...] Alexander Haislip has a financial angle on the deal.

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Edward Rosten and I have been having an interesting dialog in the comment section of my last post, which was mostly about WNYC buying WQXR from the New York Times (which has owned it forever) for $11.5 million — and moving QXR’s classical programming up New York’s FM dial from 96.3 to 105.9, where the maximum transmission wattage is far less than allowed on the old frequency.

There has been much hand-wringing and prognosticating over the whole thing. What Would You Do With the New WQXR? is a post on the NYTimes site that is followed by a great many comments. Says Edward, “Post #58, I can assure you, is representative of ‘input’ from people who’ve given ANY thought to how the proposed changes will play out. (‘Power to the people’ has yielded to ‘power to the 24/7 classical music station, whatever its name!’)”

So here’s a summary of my own thinking about why this was a good move by WNYC.

  1. $11.5 million is a bargain for any FM signal radiating from the center of Manhattan, even in these depressed economic times.
  2. There will be a 24/7 classical station in New York called WQXR. It will continue to play much, if not most, of the music its current audience likes. It will also employ some of the same people and air some of the same programs. Doing even a subset of this is to buck the tide that is drowning classical stations everywhere in the U.S.
  3. The signal on 105.9 will pack less punch than the old one on 96.3. The new one is 610 watts while the old one was 6000 watts, from the same antenna on the Empire State Building. The difference, however, is smaller than the wattage would indicate. On FM, height matters more than wattage, and those are the same. And signal strength increases as the square root of the wattage. This means that the new signal will be about a third the power of the old one, rather than one tenth. Either way, it’s still plenty of signal for the boroughs, southern Westchester, Jersey counties bordering the Hudson, and Nassau County. Not bad, considering.
  4. WQXR will now be a noncommercial station owned by the top public station in the top metro market in the country. There are many upsides here that are not available to commercial stations — least of all one owned by a struggling newspaper. These include…
  5. No commercials, beyond the usual noncommercial radio pitches for listener support. For an example of an alternative outcome — having a legacy station and its call letters shunted to a secondary signal while remaining commercial — check out WCRB, Boston’s equivalent of WQXR. The Wikipedia entrty provides copious (and depressing) background. What they don’t say is that WCRB plays lots of commercials, in spite of a commercial free sections of its schedule. (I’d suggest checking out WCRB’s live stream, but they’ve discontinued it.)
  6. The opportunity for listeners to support the station directly, and involve themselves in the station’s missions. In the past one could support WQXR only by buying a car or a mattress from an advertiser. Now you can put some money where your ears are.
  7. WQXR can use translators to enlarge its signal, and bring it to places outside its local coverage area. Translators are low power stations radiating the same audio on a different channel from the original signal. WQXR currently has translators on 96.7 in Asbury Park and 103.7 in Poughkeepsie. Now here’s the cool deal: While commercial stations can only use translators to fill in holes in their home coverage areas, noncommercial stations can put translators anywhere they please. Of course, these have to be on unoccupied channels, and most channels are occupied in most places. There are two ways WNYC can go here. One is to buy up, swap or otherwise deal for existing translators. (There is lots of horse-trading going on in any case between public broadcasters and religious ones. The latter have been much more resourceful about maximizing coverage and spreading translators everywhere.) The other is to find open spots where translators can be wedged in. Anywhere in the country.
  8. The Internet is a wide-open frontier. I listen to WNYC’s classical stream (also carried on the air over the station’s HD service on FM) here in Santa Barbara. I also listen to many other stations (including a dozen or more classical ones) here as well. I use either my iPhone or our home Sonos system. Those are my radios, and they sound fine. There are no limits to the number of Internet channels WNYC/WQXR can choose to put out there. For models of station/stream proliferation (and brand extension) see what KCRW and Minnesota Public Radio do. This multi-million-dollar move by WNYC serves notice that it plans to be one of the country’s public super-stations.

I could go on, but you get the point. The opportunities for WQXR as a WNYC property are far wider than the New York Times would dream of contemplating. I advise loyal listeners of both stations to get behind the effort with cash and helpful input, rather than complaints about signal differences and what WNYC might do with WQXR. Hey, WQXR will be a public station soon. That should give you more influence than ever before.

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Heard this morning on WNYC that the New York Times has unloaded its remaining broadcasting asset, which consists of the channel and facilities of WQXR, which has been a classical music landmark for as long as it’s been around. (One way or another, since 1929. Wikipedia tells the long story well.) The story on WNYC’s website says WQXR will become “part of” WNYC. I assume that means it will become non-commercial.

According to Bloomberg, the deal goes like this:

  • “Univision will pay Times Co. $33.5 million to swap broadcasting licenses and shift its WCAA broadcast to 96.3 FM from 105.9 FM, which will become WQXR… WCAA will get 96.3 FM’s stronger signal.”
  • WNYC will pay Times Co. $11.5 million for 105.9 FM’s license and equipment and the WQXR call letters.”

WQXR was for a long time an AM/FM operation. The AM was on 1560, with a 50,000 watt signal out of a four-tower facility in Maspeth, Queens. The FM was for many years atop the Chanin Building, where it still maintains an auxilliary antenna. I have shots of the old and new antennas here and here. In 2007 the Times Co. unloaded its AM station, then (and still) called WQEW, to Walt Disney Co. for $40 million. It’s now Radio Disney, a kids’ station.

Since the 60s WQXR has shared a master antenna atop the Empire State Building with most of New York’s other FMs. This was their status in 1967. Wikipedia has a good rundown of what’s up there today. Scott Fybush also has a comprehensive report from 2003.

An open question is whether WQXR will remain a beacon on the dial. While other signals on the Empire State Building master antennas run 5000 to 6000 watts, the one on 105.9 is just 610 watts. According to WQXR’s  Web site, the station and has an audience of nearly 800,000 weekly listeners. How many of those will lose the signal? Coverage maps from radio-locator.com for 96.3 and 105.9 are here and here.

For the fully obsessed, here is a current rundown of everything on FM hanging off the Empire State Building, or within 1km of it.

Meanwhile, says here WBCN in Boston, a progressive rock radio landmark, is also getting yanked. You’ll still hear it on the Web, or if you are among the appoximately five owners of an “HD” radio receiver and close enough to WBCN’s transmiter on Boston’s Prudential Building in the Back Bay. Meanwhile Boston will get more of the usual: talk sports and “Hot AC” music. (To me “Hot AC” always sounded like an climate control oxymoron, while “adult contemporary” sounded like a euphemism for pornographic furniture.)

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How Teenagers Consume Media: the report that shook the City carries approximately no news for anybody who watches the changing tastes and habits of teenagers. What makes it special is that it was authored by a fifteen-year old intern at Morgan Stanley in London, and then published by the company.

It says teens like big TVs, dislike intrusive advertising, find a fun side to viral marketing, blow off Twitter, ignore all but the free tabloid newspapers, watch anime on YouTube and so on.

All these are momentary arrangements of patterns on the surface of a growing ocean of bits. (For why it grows, see Kevin Kelly.) What’s most productive to contemplate, I think, is how we will learn to thrive in a vast and growing bit-commons whilst (to borrow a favorite preposition of this teen) trying to make money in the midst.

Which brings me to Chris Anderson‘s new book, Free: the Future of a Radical Price. Malcolm Gladwell dissed it in The New Yorker, while Seth Godin said Malcolm is Wrong and Virginia Postrel gives it a mixed review in The New York Times. But I’m holding off for the simple reason that I haven’t finished reading it. When I do finish, what I’ll write won’t be a review, but something more along the lines of what I wrote in Linux Journal (here’s Part I and Part II, totaling more than 10,000 words) as a follow-on to Tom Friedman’s The World is Flat. Stay tuned for that. As with those last two items, it’ll go in Linux Journal.

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To their credit, fixing my problem has become a higher priority with Cox. A senior guy came out today, confirmed the problem (intermittent high latencies and packet losses), made some changes that adjusted voltages at the modem, and found by tracing the coax from our house to the new pole behind it that the guys who installed the pole nearly severed the coax when they did it. So he replaced that part of the line and brought the whole pole situation up closer to spec… for a few minutes.

Alas, the problem is still there. The engineer from Cox duplicated the problem on his own laptop, so he told me the ball is still in Cox’s court.

At its worst the problem is so bad, in fact, that this was as far as I got with my last ping test:

PING google.com (74.125.67.100): 56 data bytes
64 bytes from 74.125.67.100: icmp_seq=2 ttl=56 time=101.462 ms
^C
— google.com ping statistics —
9 packets transmitted, 1 packets received, 88% packet loss

The guy from Cox said my plight had been escalated, and has the attention of higher-up engineers there. He also said they’d come out to continue trouble-shooting the problem. “Probably by Thursday.”

We’ve had the problem  since June 17.

Meanwhile, I’m connecting to the Net and posting this through my Sprint datacard, just like I did last week in Maryland. Same results: good connections, adequate speeds and awful latencies:

dsearls2$ ping harvard.edu
PING harvard.edu (128.103.60.28): 56 data bytes
64 bytes from 128.103.60.28: icmp_seq=0 ttl=235 time=1395.515 ms
64 bytes from 128.103.60.28: icmp_seq=1 ttl=235 time=750.396 ms
64 bytes from 128.103.60.28: icmp_seq=2 ttl=235 time=295.272 ms
64 bytes from 128.103.60.28: icmp_seq=3 ttl=235 time=823.698 ms
64 bytes from 128.103.60.28: icmp_seq=4 ttl=235 time=1404.692 ms
64 bytes from 128.103.60.28: icmp_seq=5 ttl=235 time=1360.761 ms
64 bytes from 128.103.60.28: icmp_seq=6 ttl=235 time=803.610 ms
64 bytes from 128.103.60.28: icmp_seq=7 ttl=235 time=446.081 ms
64 bytes from 128.103.60.28: icmp_seq=8 ttl=235 time=554.643 ms
64 bytes from 128.103.60.28: icmp_seq=9 ttl=235 time=425.423 ms
^C
— harvard.edu ping statistics —
12 packets transmitted, 10 packets received, 16% packet loss

For work such as this blog post, which seems to require lots of dialog between my browser and WordPress at the server, the latencies are exasperating, because there’s so much dialog between server and client. I watch the browser status bar say “Connecting to blogs.law.harvard.edu…”, “Waiting for blogs.law.harvard.edu…” and “Transferring from blogs.law.harvard.edu…” over and over and over for a minute or more, every time I click on a button (such as “save draft” or “publish”).

So don’t expect to read much here until we finally get over this hump. Which has been in front of me since 17 June. Meanwhile I’m hoping to get back to editing in .opml soon, which should make things faster.

But I’ll need real connectivity soon, and I can only get that from Cox. (Don’t tell me about Verizon. They’re great back at my place in Boston, where I have FiOS; but here in Santa Barbara I’m too far from their central office to get more than mimimal-speed ADSL.)

The good thing is, Cox knows the problem is one they still have to solve, and they seem serious about fixing it. Eventually.

Meanwhile, for interested Cox folks, here’s how pings to Google currently go:

dsearls2$ ping google.com
PING google.com (74.125.127.100): 56 data bytes
64 bytes from 74.125.127.100: icmp_seq=0 ttl=45 time=110.803 ms
64 bytes from 74.125.127.100: icmp_seq=1 ttl=45 time=164.317 ms
64 bytes from 74.125.127.100: icmp_seq=2 ttl=45 time=204.076 ms
64 bytes from 74.125.127.100: icmp_seq=3 ttl=45 time=259.795 ms
64 bytes from 74.125.127.100: icmp_seq=4 ttl=45 time=397.490 ms
64 bytes from 74.125.127.100: icmp_seq=5 ttl=45 time=581.123 ms
64 bytes from 74.125.127.100: icmp_seq=6 ttl=45 time=506.292 ms
64 bytes from 74.125.127.100: icmp_seq=7 ttl=45 time=128.939 ms
64 bytes from 74.125.127.100: icmp_seq=8 ttl=45 time=328.000 ms
64 bytes from 74.125.127.100: icmp_seq=9 ttl=45 time=160.761 ms
64 bytes from 74.125.127.100: icmp_seq=10 ttl=45 time=176.398 ms
64 bytes from 74.125.127.100: icmp_seq=11 ttl=45 time=187.511 ms
64 bytes from 74.125.127.100: icmp_seq=12 ttl=45 time=188.291 ms
64 bytes from 74.125.127.100: icmp_seq=13 ttl=45 time=347.966 ms
64 bytes from 74.125.127.100: icmp_seq=14 ttl=45 time=285.017 ms
64 bytes from 74.125.127.100: icmp_seq=15 ttl=45 time=389.641 ms
64 bytes from 74.125.127.100: icmp_seq=16 ttl=45 time=399.993 ms
64 bytes from 74.125.127.100: icmp_seq=17 ttl=45 time=113.803 ms
64 bytes from 74.125.127.100: icmp_seq=18 ttl=45 time=153.111 ms
64 bytes from 74.125.127.100: icmp_seq=19 ttl=45 time=147.549 ms
64 bytes from 74.125.127.100: icmp_seq=20 ttl=45 time=198.597 ms
^C
— google.com ping statistics —
21 packets transmitted, 21 packets received, 0% packet loss

And here’s how they go to the nearest Cox gateway:

ping 68.6.66.1
PING 68.6.66.1 (68.6.66.1): 56 data bytes
64 bytes from 68.6.66.1: icmp_seq=0 ttl=239 time=676.134 ms
64 bytes from 68.6.66.1: icmp_seq=1 ttl=239 time=263.575 ms
64 bytes from 68.6.66.1: icmp_seq=2 ttl=239 time=429.944 ms
64 bytes from 68.6.66.1: icmp_seq=3 ttl=239 time=470.586 ms
64 bytes from 68.6.66.1: icmp_seq=4 ttl=239 time=473.553 ms
64 bytes from 68.6.66.1: icmp_seq=5 ttl=239 time=416.172 ms
64 bytes from 68.6.66.1: icmp_seq=6 ttl=239 time=489.699 ms
64 bytes from 68.6.66.1: icmp_seq=7 ttl=239 time=471.640 ms
64 bytes from 68.6.66.1: icmp_seq=8 ttl=239 time=349.825 ms
64 bytes from 68.6.66.1: icmp_seq=9 ttl=239 time=588.051 ms
64 bytes from 68.6.66.1: icmp_seq=10 ttl=239 time=606.703 ms
64 bytes from 68.6.66.1: icmp_seq=11 ttl=239 time=573.560 ms
64 bytes from 68.6.66.1: icmp_seq=12 ttl=239 time=454.920 ms
64 bytes from 68.6.66.1: icmp_seq=13 ttl=239 time=259.428 ms
^C
— 68.6.66.1 ping statistics —
14 packets transmitted, 14 packets received, 0% packet loss

And here is a traceroute to the same gateway:

traceroute to 68.6.66.1 (68.6.66.1), 64 hops max, 40 byte packets
1  10.0.2.1 (10.0.2.1)  2.376 ms  0.699 ms  0.711 ms
2  68.28.49.69 (68.28.49.69)  109.610 ms  78.637 ms  73.791 ms
3  68.28.49.91 (68.28.49.91)  84.093 ms  161.432 ms  84.844 ms
4  68.28.51.54 (68.28.51.54)  187.814 ms  166.084 ms  181.780 ms
5  68.28.55.1 (68.28.55.1)  126.050 ms  100.136 ms  239.987 ms
6  68.28.55.16 (68.28.55.16)  80.512 ms  147.347 ms  373.152 ms
7  68.28.53.69 (68.28.53.69)  121.593 ms  265.198 ms  323.666 ms
8  sl-gw10-bur-1-0-0.sprintlink.net (144.223.255.17)  331.535 ms  346.841 ms  279.394 ms
9  sl-bb20-bur-10-0-0.sprintlink.net (144.232.0.66)  397.594 ms  542.053 ms  546.655 ms
10  sl-crs1-ana-0-1-3-1.sprintlink.net (144.232.24.231)  986.040 ms  451.456 ms  630.898 ms
11  sl-st21-la-0-0-0.sprintlink.net (144.232.20.206)  726.689 ms  452.451 ms  235.828 ms
12  144.232.18.198 (144.232.18.198)  194.067 ms  295.496 ms  99.809 ms
13  64.209.108.70 (64.209.108.70)  262.008 ms  93.663 ms  114.594 ms
14  68.1.2.127 (68.1.2.127)  145.956 ms  123.435 ms  345.784 ms
15  ip68-6-66-1.sb.sd.cox.net (68.6.66.1)  346.696 ms  654.332 ms  406.933 ms

Draw (or re-draw) your own conclusions.

Maybe somebody out there in geekland can see the problem and help offer a solution. Thanks.

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Forget financial markets for a minute, and think about the directions money moves in retail markets. While much of it moves up and down the supply chains, the first source is customers. The money that matters most is what customers spend on goods and services.

Now here’s the question. Where is there more money to be made — in helping supply find demand or in helping demand find supply? Substitute “drive” for “find” and you come to the same place, for the same reason: customers are the ones spending the money.

For the life of the commercial Web, most of those looking to make money there have looked to make it the former way: by helping supply find or drive demand. That’s what marketing has always been about, and advertising in particular. Advertising, last I looked, was about a $trillion business. Now ask yourself: Wouldn’t there be more money to be made in helping the demand side find and drive supply?

Simply put, that’s what VRM is about. It’s also what Cluetrain was about ten years ago. It wasn’t about better ways for the supply side to make money. It wasn’t about doing better marketing. It was about giving full respect to the human beings from whom the Web’s and the Net’s biggest values derive. When Cluetrain (actually Chris Locke) said “we are not seats or eyeballs or end users or consumers. we are human beings and our reach exceeds your grasp. deal with it.“, it wasn’t saying “Here’s how you market to us.” It was saying “Our new power to deal in this new marketplace exceeds your old powers to drive, lock in, or otherwise control us.” When Cluetrain said “The sky is open to the stars”, it wasn’t issuing utopian palaver. It was speaking of a marketplace of buyers and sellers whose choices were wide open on both sides. [Later... Chris Locke, who wrote that line (and those that followed), offers a correction (and expansion) below.]

On Cluetrain’s 10th anniversary, we have hardly begun to explore the possibilities of truly free and open markets on the Internet. They are still inevitable, because supporting those markets is intrinsic to the Net’s essentially generative design. Lock down users, or lock one in and others out, and you compromise the wealth the Net can create for you. Simple as that.

And that wealth starts with customers.

This is also what How Facebook Could Create a Revolution, Do Good, and Make Billions, by Bernard Lunn in ReadWriteWeb, is about.

I just wrote a brief response in Gain of Facebook, on the ProjectVRM blog.

No time for more. Not because it’s the Fourth of July, but because I’m in a connectivity hole (with latencies and packet losses that start at 1+ second and 15% packet losses and go up from there), but because I’m at my daughter’s wedding, and I need to get ready. Cheers.

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Major props to Cox for cranking up my speeds to 18Mb/s downstream and 4Mb/s upstream. That totally rocks.

I’m getting that speed now. Here’s what Cox’s local diagnostic tool says:

TCP/Web100 Network Diagnostic Tool v5.4.12
click START to begin
Connected to: speedtest.sbcox.net  –  Using IPv4 address
Checking for Middleboxes . . . . . . . . . . . . . . . . . .  Done
checking for firewalls . . . . . . . . . . . . . . . . . . .  Done
running 10s outbound test (client-to-server [C2S]) . . . . . 3.79Mb/s
running 10s inbound test (server-to-client [S2C]) . . . . . . 18.04Mb/s
The slowest link in the end-to-end path is a 10 Mbps Ethernet subnet
Information: Other network traffic is congesting the link

That won’t last. The connection will degrade again, or go down completely. Here we go:

Connected to: speedtest.sbcox.net  –  Using IPv4 address
Checking for Middleboxes . . . . . . . . . . . . . . . . . .  Done
checking for firewalls . . . . . . . . . . . . . . . . . . .  Done
running 10s outbound test (client-to-server [C2S]) . . . . . 738.0kb/s
running 10s inbound test (server-to-client [S2C]) . . . . . . 15.09Mb/s
Your Workstation is connected to a Cable/DSL modem
Information: Other network traffic is congesting the link
[C2S]: Packet queuing detected

Here’s a ping test to Google.com:

PING google.com (74.125.127.100): 56 data bytes
64 bytes from 74.125.127.100: icmp_seq=0 ttl=246 time=368.432 ms
64 bytes from 74.125.127.100: icmp_seq=1 ttl=246 time=77.353 ms
64 bytes from 74.125.127.100: icmp_seq=2 ttl=247 time=323.272 ms
64 bytes from 74.125.127.100: icmp_seq=3 ttl=246 time=343.178 ms
64 bytes from 74.125.127.100: icmp_seq=4 ttl=247 time=366.341 ms
64 bytes from 74.125.127.100: icmp_seq=5 ttl=246 time=385.083 ms
64 bytes from 74.125.127.100: icmp_seq=6 ttl=246 time=406.209 ms
64 bytes from 74.125.127.100: icmp_seq=7 ttl=246 time=434.731 ms
64 bytes from 74.125.127.100: icmp_seq=8 ttl=246 time=444.653 ms
64 bytes from 74.125.127.100: icmp_seq=9 ttl=247 time=474.976 ms
64 bytes from 74.125.127.100: icmp_seq=10 ttl=247 time=472.244 ms
64 bytes from 74.125.127.100: icmp_seq=11 ttl=246 time=488.023 ms

No packet loss on that one. Not so on the next, to UCSB, which is so close I can see it from here:

PING ucsb.edu (128.111.24.40): 56 data bytes
64 bytes from 128.111.24.40: icmp_seq=0 ttl=52 time=407.920 ms
64 bytes from 128.111.24.40: icmp_seq=1 ttl=52 time=427.506 ms
64 bytes from 128.111.24.40: icmp_seq=2 ttl=52 time=441.176 ms
64 bytes from 128.111.24.40: icmp_seq=3 ttl=52 time=456.073 ms
64 bytes from 128.111.24.40: icmp_seq=4 ttl=52 time=237.366 ms
64 bytes from 128.111.24.40: icmp_seq=5 ttl=52 time=262.868 ms
64 bytes from 128.111.24.40: icmp_seq=6 ttl=52 time=287.270 ms
64 bytes from 128.111.24.40: icmp_seq=7 ttl=52 time=307.931 ms
64 bytes from 128.111.24.40: icmp_seq=8 ttl=52 time=327.951 ms
64 bytes from 128.111.24.40: icmp_seq=9 ttl=52 time=352.974 ms
64 bytes from 128.111.24.40: icmp_seq=10 ttl=52 time=376.636 ms
ç64 bytes from 128.111.24.40: icmp_seq=11 ttl=52 time=395.893 ms
^C
— ucsb.edu ping statistics —
13 packets transmitted, 12 packets received, 7% packet loss
round-trip min/avg/max/stddev = 237.366/356.797/456.073/69.322 ms

That’s low to UCSB, by the way. I just checked again, and got 9% and 25% packet loss. At one point (when the guy was here this afternoon), it hit 57%.

Here’s a traceroute to UCSB:

traceroute to ucsb.edu (128.111.24.40), 64 hops max, 40 byte packets
1  192.168.1.1 (192.168.1.1)  0.687 ms  0.282 ms  0.250 ms
2  ip68-6-40-1.sb.sd.cox.net (68.6.40.1)  349.599 ms  379.786 ms  387.580 ms
3  68.6.13.121 (68.6.13.121)  387.466 ms  400.991 ms  404.500 ms
4  68.6.13.133 (68.6.13.133)  415.578 ms  153.695 ms  9.473 ms
5  paltbbrj01-ge600.0.r2.pt.cox.net (68.1.2.126)  16.965 ms  18.286 ms  15.639 ms
6  te4-1–4032.tr01-lsanca01.transitrail.ne… (137.164.129.15)  19.936 ms  24.520 ms  20.952 ms
7  calren46-cust.lsanca01.transitrail.net (137.164.131.246)  26.700 ms  24.166 ms  30.651 ms
8  dc-lax-core2–lax-peer1-ge.cenic.net (137.164.46.119)  44.268 ms  98.114 ms  200.339 ms
9  dc-lax-agg2–lax-core2-ge.cenic.net (137.164.46.112)  254.442 ms  277.958 ms  273.309 ms
10  dc-ucsb–dc-lax-dc2.cenic.net (137.164.23.3)  281.735 ms  313.441 ms  306.825 ms
11  r2–r1–1.commserv.ucsb.edu (128.111.252.169)  315.500 ms  327.080 ms  344.177 ms
12  128.111.4.234 (128.111.4.234)  346.396 ms  367.244 ms  357.468 ms
13  * * *

As for modem function, I see this for upstream:

Cable Modem Upstream
Upstream Lock : Locked
Upstream Channel ID : 11
Upstream Frequency : 23600000 Hz
Upstream Modulation : QAM16
Upstream Symbol Rate : 2560 Ksym/sec
Upstream transmit Power Level : 38.5 dBmV
Upstream Mini-Slot Size : 2

… and this for downstream:

Cable Modem Downstream
Downstream Lock : Locked
Downstream Channel Id : 1
Downstream Frequency : 651000000 Hz
Downstream Modulation : QAM256
Downstream Symbol Rate : 5360.537 Ksym/sec
Downstream Interleave Depth : taps32Increment4
Downstream Receive Power Level : 5.4 dBmV
Downstream SNR : 38.7 dB

The symptoms are what they were when I first blogged the problem on June 21, and again when I posted a follow-up on June 24. That was when the Cox service guy tightened everything up and all seemed well … until he left. When I called to report the problem not solved Cox said they would send a “senior technician” on Friday. A guy came today. The problems were exactly as we see above. He said he would have to come back with a “senior technician” (or whatever they call them — I might be a bit off on the title), which this dude clearly wasn’t. He wanted the two of them to come a week from next Wednesday. We’re gone next week anyway, but I got him to commit to a week from Monday. That’s July 6, in the morning. The problem has been with us at least since the 18th, when I arrived here from Boston.

This evening we got a call from a Cox survey robot, following up on the failed service visit this afternoon. My wife took the call. After she indicated our dissatisfaction with the visit (by pressing the appropriate numbers in answer to a series of questions), the robot said we should hold to talk to a human. Then it wanted our ten-digit Cox account number. My wife didn’t know it, so the robot said the call couldn’t be completed. And that was that.

I doubt another visit from anybody will solve the problem, because I don’t think the problem is here. I think it’s in Cox’s system. I think that’s what the traceroute shows.

But I don’t know.

I do know that this is inexcusably bad customer service.

For Cox, in case they’re reading this…

  • I am connected directly to the cable modem. No routers, firewalls or other things between my laptop and the modem.
  • I have rebooted the modem about a hundred times. I have re-started my computers. In fact I have tested the link with three different laptops. Same results. Re-booting sometimes helps, sometimes not.
  • Please quit trying to fix this only at my end of the network. The network includes far more than me and my cable modem.
  • Please make it easier to reach technically knowledgeable human beings.
  • Make your chat system useful. At one point the chat person gave me Linksys’ number to call.
  • Thanks for your time and attention.

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For reasons I don’t have time to trouble-shoot, there is too much latency between my house and Cox, my Internet provider here in Santa Barbara.

On top of that, re-setting my SMTP (outbound email) to smtp.west.cox.net, which has always worked in the past, doesn’t work this time. So mail isn’t going out. I don’t have time to trouble-shoot that either, because I’m already late for the Live Oak Festival, where we already have a tent set up. I’m just back at the house picking up some stuff.

See ya’ll Monday.

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Apple has the best taste in the world. It also has the tightest sphincter. This isn’t much of a problem as long as they keep it in their pants, for example by scaring employees away from saying anything about anything that has even the slightest chance of bringing down the Wrath of Steve or his factota. (How many bloggers does Apple have?)  But they drop trow every time they squeeze down—you know, like China—on an iPhone application they think might be “objectionable”.

I see by Jack Schofield that they’ve done it again, but this time they pissed off (or on) the wrong candidate: an app (from Exact Magic) that flows RSS feeds form the EFF. Sez Corynne McSherry in an EFF post, “… this morning Apple rejected the app. Why? Because it claims EFF’s content runs afoul of the iTune’s App Store’s policy against ‘objectionable’ content. Apparently, Apple objects to a blog post that linked to a ‘Downfall‘ parody video created by EFF Board Chairman Brad Templeton.”

Brad’s a funny guy. (He created rec.humor.funny back in the Net’s precambrian age.) He has also forgotten more about the Internet than most of us will ever learn. Check out The Internet: What is it really for? It was accurate and prophetic out the wazoo. Brad wrote it 1994, while Apple was busy failing to ape AOL with a walled garden called eWorld.

Apple’s App Store is an eWorld that succeeded. A nice big walled garden. Problem is, censorship isn’t good gardening. It is, says Corynne, “not just anti-competitive, discriminatory, censorial, and arbitrary, but downright absurd.” Or, as my very tasteful wife puts it, unattractive.

Also kinda prickly, if you pick on a porcupine like the EFF. Hence, to contine with Corynne’s post,

iPhone owners who don’t want Apple playing the role of language police for their software should have the freedom to go elsewhere. This is precisely why EFF has asked the Copyright Office to grant an exemption to the DMCA for jailbreaking iPhones. It’s none of Apple’s business if I want an app on my phone that lets me read EFF’s RSS feed, use Sling Player over 3G, or read the Kama Sutra.

Not surprisingly this followed, on the same post:

UPDATE: Apparently, Apple has changed its mind and has now approved the EFF Updates app. This despite the fact that the very same material is still linked in various EFF posts (including this one!). Just one more example of the arbitrary nature of Apple’s app approval process.

There’s a limit to how long (much less well, or poorly) Apple can keep sphinctering App Store choices. I’m betting it’ll stop when the iPhone gets serious competition from equally appealing phones that can run applications that come from anywhere, rather than just from some controlling BigCo’s walled garden.

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With the 10th anniversary edition of  Cluetrain coming out, I thought I’d try to keep up with postings that mention “Cluetrain” — through four five Live Web* search engines: BlogPulse, Google BlogSearch, Technorati, FreindFeed Search and Twitter Search. I’ve got all four feeding into an aggregator.

As of 3:33pm EDST, BlogPulse finds 20 posts so far in the month of June. Google Blogsearch finds 22. Technorati is currently down.  Twitter Search finds 28 in the last day (I didn’t go back any farther there.) Not sure I want to make this a more formal research effort. I just thought it was worth vetting a bit about how I’m following stuff.

[Later...] Thanks to Chris Heath for suggesting I add FriendFeed Search. There I just gave up counting at 50 postings.

* I much prefer “live” to “real time”, mostly because my son Allen came up with the “Live Web” line way back in 2003, and correctly observed that the Web of sites was essentially a static one, and that the World Live Web would branch off of it. The language alone is a give-away. The Static Web is full of real estate language: sites, domains and locations that you architect, design and build. While the Live Web is one with feeds where you write, post, update, syndicate and now also tweet and re-tweet. To me the differences between static and live are much clearer than those between ______ (find a word) and real time.

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When we went looking for an apartment here a couple years ago, we had two primary considerations in addition to the usual ones: walking distance from a Red Line subway stop, and fiber-based Internet access. The latter is easy to spot if you know what to look for, starting with too many wires on the poles. After that you look for large loops among the wires. That means the wiring contains glass, which breaks if the loops are too small. The apartment we chose has other charms, but for me the best one is a choice between three high speed Internet services: Comcast, Verizon FiOS and RCN. Although Comcast comes via coaxial cable, it’s a HFC (hybrid fiber-coax) system, and competes fairly well against fiber all the way to the home. That’s what Verizon FiOS and RCN provide.

fiber

We chose Verizon FiOS, which gives us 20Mb symmetrical service for about $60/month. The 25 feet between the Optical Network Terminal box and my router is ironically provided by old Comcast cable TV co-ax. (Hey, if Comcast wants my business, they can beat Verizon’s offering.)

My point is that we live where we do because there is competition among Internet service providers. While I think competition could be a lot better than it is, each of those three companies still offer far more than what you’ll find pretty much everywhere in the U.S. where there is little or no competition at all.

The playing field in the skies above sidewalks is not pretty. Poles draped with six kinds of wiring (in our case electrical, phone, cable, cable, fiber, fiber — I just counted) are not attractive. At the point the poles become ugly beyond endurance, I expect that the homeowners will pay to bury the services. By the grace of local regulators, all they’ll bury will be electrical service and bundles of conduit, mostly for fiber. And they won’t bury them deep, because fiber isn’t bothered by proximity to electrical currents. In the old days (which is still today in most fiber-less places), minimum separations are required between electrical, cable and phone wiring — the latter two being copper. In Santa Barbara (our perma-home), service trenching has to be the depth of a grave to maintain those separations. There’s no fiber yet offered in Santa Barbara. At our house there the only carrier to provide “high” speed is the cable company, and it’s a fraction of what we get over fiber here near Boston.

All this comes to mind after reading D.C. Court Upholds Ban on MDU Contracts: FCC prevents new exclusive contracts and nullifies existing ones, by John Eggerton in Broadcasting & Cable.  It begins, “The U.S. Court of Appeals for the D.C. Circuit Monday upheld an FCC decision banning exclusive contracts between cable companies and the owners of apartments and other multiple-dwelling units (MDU).”

The rest of the piece is framed by the long-standing antipathy between cable and telephone companies (cable lost this one), each as providers of cable TV. For example,

Not surprisingly, Verizon praised the decision. It also saw it as a win for larger issues of access to programming:

“This ruling is a big win for millions of consumers living in apartments and condominiums who want nothing more than to enjoy the full benefits of video competition,” said Michael Glover, Verizon senior VP, deputy general counsel, in a statement. “In upholding the ban on new and existing exclusive access deals, the Court’s decision also confirms the FCC’s authority to address other barriers to more meaningful competitive choice and video competition, such as the cable companies’ refusal to provide competitors with access to regional sports programming.”

Which makes sense at a time in history when TV viewing still comprises a larger wad of demand than Internet use. This will change as more and more production, distribution and consumption moves to the Internet, and as demand increases for more Internet access by more different kinds of devices — especially mobile ones.

Already a growing percentage of my own Internet use, especially on the road, uses cellular connectivity rather than wi-fi (thanks to high charges for crappy connectivity at most hotels). Sprint is my mobile Internet provider. They have my business because they do a better job of getting me what I want: an “air card” that works on Linux and Mac laptops, and not just on Windows ones). Verizon wanted to charge me for my air card (Sprint’s was free with the deal, which was also cheaper), and AT&T’s gear messed up my laptops and didn’t work very well anyway.

In both cases — home and road — there is competition.

While I can think of many reforms I’d like to see around Internet connectivity (among citizens, regulators and regulatees), anything that fosters competition in the meantime is a Good Thing.

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I’ve been a Wall Street Journal subscriber since the 1970s. I still am. The paper shows up at my doorstep every day.

I’ve also been a subscriber to the Journal online. It costs extra. I’ve gladly paid it, even though I think the paper makes a mistake by locking its archives behind a paywall. (Sell the news, give away the olds, I say.)

I’d still be glad to pay it, if the Journal made it easy. But they don’t. No paper does, far as I know. In fact very few media make it easy at all to give them money for their online goods.

As it happens, my Journal online subscription just ran out. To fix matters, the paper’s site prompted me not to renew, but to update my credit card. So I went through the very complicated experience of updating that data, with the form losing most of the data each time I had to fill in a blank missed on the last try. (Why separate house number from street name?) In the midst it wouldn’t take my known password, and I had to have them do the email thing, through which I got to create a new password after clicking on a link in an email sent to me by the WSJ “system.” Even after doing that, and getting the new credit card info in there, and everything seemed to be fine (no more mistakes noticed on the form)… I can’t get in.

Did the payment go through? I have no idea. The credit card, from Chase, also has an impossible website. I don’t even want to go there.

In any case, I can no longer get in. At the top of the login page, it says “Welcome, Doc Searls.” Below that it tells me to log out if I am not myself. And below that it says

Your Current Subscription(s)
None

I can still access my Personal Information, which includes rude questions about my income, the number of people in my organization and how many stock transactions my household made in the past 12 months. Earth to Journal: Readers hate filling out shit like that. Why put readers over a grill like that? Does it really help sales? Please.

Okay, between the last paragraph and this one I somehow got far enough into the site to actually read some stuff. Specifically, this Peggy Noonan piece, and this PJ O’Rourke piece. In the midst of hunting those down, search results that failed said this:

No Information Available

Your subscription does not include access to this service.

If you have any questions please call Customer Service at 800-369-2834 (or 609-514-0870) or contact us by e-mail at  onlinejournal at wsj.com. Representatives are available Monday-Friday from 7 a.m. to 10 p.m. & Saturday from 8 a.m. to 3 p.m. (ET). Subscribers outside the United States, click here.

Good gawd.

Why put readers through #$%^& ordeals like these? Not to mention a website that’s already cluttered beyond endurance.

Because it’s always been done this way, they say. “Always” meaning “since 1995.”

Actually, it’s gotten worse in recent years, all the better to drag eyeballs across advertising, and to maximize the time readers spend on the site.

Hell, I’ve been on the WSJ site for the last hour, hating every second of it.

We can do better than this. I say we, because I have no faith at all that the Journal, or any of the papers, will ever fix problems that have been obvious for the duration. The readers are going to have to tell them what to do. And I mean all of them at once. We need one basic way to interact with media and their systems for accepting payments. Not as many different ways as there are media, all of them bad.

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WebTV was way ahead of its time and exactly backwards. The idea was to put the Web on TV. In the prevailing media framework of the time, this made complete sense. TV had been around since the Forties, and nearly everybody devoted many hours of their daily lives to it. The Web was brand new then. And, since the Web used a tube like TV did, it only made sense to make the Web work on TV, rather than vice versa.

Microsoft bought WebTV for $.425 billion in April 1997. It was the most Microsoft had ever spent on an acquisition, and a stunning sum to spend on what was clearly a speculative play. But Microsoft clearly thought it was skating to where the puck was going.

Not long after that I heard from Dave Feinleib, an executive at Microsoft. Dave wanted to know if I would be interested in writing a chapter for a book he was putting together on the convergence of the Web and television. What brought him to my door was that I was the only writer he found who claimed the Web would eat TV, rather than vice versa. Everybody else was saying that history was going the other way — including Microsoft itself, with its enormous bet.

Dave was an outstanding editor, and did a great job pulling his book together. Originally he wanted it to be published by somebody other than Microsoft, but that didn’t work out. If I’m not mistaken (and Dave, if you’re out there somewhere, correct me), his choices of title also didn’t make it. The title finally chosen was a kiss of death: The Inside Story of Interactive TV and (in much larger type) WebTV for Windows. (Cool: You can still get it at Amazon, so death in this case is only slightly exaggerated.)

It was a good book, and an important historic document. At least for me. Much of what I later contributed to The Cluetrain Manifesto I prototyped in my chapter of Dave’s book. My title was “The Message Is Not the Medium.”

Amazingly, I just found a draft of the chapter, which I assumed had been long gone in an old disk crash or something. Begging the indulgence of Dave and Microsoft, I’ll quote from it wholesale. Remember that this was written in 1998, at the very height of the dot-com bubble.

About the conversational nature of markets:

So what we have here are two metaphors for a marketplace: 1) a battlefield; and 2) a conversation. Which is the better metaphor for the Web market? One is zero-sum and the other is positive-sum. One is physical and the other is virtual. One uses OR logic, and the other uses AND logic.

It’s no contest. The conversation metaphor describes a world exploding with positive new sums. The battlefield metaphor insults that world by denying those sums. It works fine when we’re talking about battles for shelf space in grocery stores; but when we’re talking about the Web, battlefield metaphors ignore the most important developments.

There are two other advantages to the conversation metaphor. First, it works as a synonym. Substitute the word “conversation” for  “market” and this fact becomes clear. The bookselling conversation and the bookselling market are the same. Second, conversations are the fundamental connections human beings make with each other. We may love or hate one another, but unless we’re in conversation, not much happens between us. Societies grow around conversations. That includes the business societies we call markets…

About the Web as a marketplace:

Today the Web remains an extraordinarily useful way to publish, archive, research and connect all kinds of information. No medium better serves curious or inventive minds.

While commerce may not have been the first priority of the Web’s prime movers, their medium has quickly proven to be the most commercial medium ever created. It invites every business in the Yellow Pages either to sell on the Web or to support their existing business by using the Web to publish useful information and invite dialog with customers and other involved parties. In fact, by serving as both an ultimate yellow page directory and an endless spread of real estate for stores and businesses, the Web demonstrates extreme synergy between the publishing and retailing metaphors, along with their underlying conceptual systems.

So, in simple terms, the Web efficiently serves two fundamental human needs:

1.    The need to know; and
2.    The need to buy.

While it also serves as a fine way to ship messages to eyeballs, we should pause to observe that the message market is a conversation that takes place entirely on the supply side of TV’s shipping system. In the advertising market, media sell space or time to companies that advertise. Not to consumers. The consumers get messages for free, whether they want them or not.

What happens when consumers can speak back — not just to the media, but to the companies who pay for the media? In the past we never faced that question. Now we do. And the Web will answer with a new division of labor between advertising and the rest of commerce. That division will further expose the limits of both the advertising and entertainment metaphors.

On Sales vs. Advertsing, and how the Web does more for the former than the latter:

“Advertising is what you do when you can’t go see somebody. That’s all  it is.” — Fairfax Cone

Fairfax “Fax” Cone founded one of the world’s top advertising agencies, Foote, Cone & Belding, and ran it for forty years. A no-nonsense guy from Chicago, Cone knew exactly what advertising was and wasn’t about. With this simple definition — what you do when you can’t go see somebody — he drew a clear line between advertising and sales. Today, thirty years after he retired, we can draw the same line between TV and the Web, and divide the labors accordingly.

On one side we have television, the best medium ever created for advertising. On the other side we have the Web, the best medium ever created for sales.

The Web, like the telephone, is a much better tool for sales than for promotion. It’s what you do when you can go see somebody: a way to inform customers and for them to inform you. The range of benefits is incalculable. You can learn from each other, confer in groups, have visually informed phone conversations, or sell directly with no sales people at all.

In other words, you can do business. All kinds of business. As with the phone, it’s hard to imagine any business you can’t do, or can’t help do, with the Web.

So we have a choice. See or be seen: see with the Web, or be seen on TV. Talk with people or talk at them. Converse with them, or send them messages.

Once we divide these labors, advertising on the Web will make no more sense than advertising on the phone does today. It will be just as unwelcome, just as intrusive, just as rude and just as useless.

The Web will call forth — from both vendors and customers — a new kind of marketing: one that seeks to enlarge the conversations we call business, not to assault potential customers with messages they don’t want. This will expose Web advertising — and most other advertising — as the spam it is, and invite the development of something that serves supply without insulting demand, and establishes market conversations equally needed by both.

This new marketing conversation will embrace what Rob McDaniel  calls a “divine awful truth”  — a truth whose veracity is exceeded only by its deniability. When that truth becomes clear, we will recognize most advertising as an ugly art form  that only dumb funding can justify, and damn it for the sin of unwelcome supply in the absence of demand.

That truth is this: There is no demand for messages. And there never was.

In fact, most advertising has negative demand, especially on TV. It actually subtracts value. To get an idea just how negative TV advertising is, imagine what would happen if the mute buttons on remote controls delivered we-don’t-want-to-hear-this messages back to advertisers. When that feedback finally gets through, the $180+ billion/year advertising market will fall like a bad soufflé.

It will fall because the Web will bring two developments advertising has never seen before, and has always feared:  1) direct feedback; and 2) accountability. These will expose another divine awful truth: most advertising doesn’t work.

In the safety of absent alternatives, advertising people have always admitted as much. There’s an old expression in the business that goes, “I know half my advertising is wasted. I just don’t know which half.” (And let’s face it, “half” is exceedingly generous.)

With the Web, you can know. Add the Web to TV, and you can measure waste on the tube too.

Use the Web wisely, and you don’t have to settle for any waste at all.

About advertising’s fatal flaw:

Television is two businesses: 1) an entertainment delivery service; and 2) an advertising delivery service. They involve two very different conversations. The first is huge and includes everybody. The second is narrow and only includes advertisers and broadcasters.

TV’s entertainment producers are program sources such as production companies, network entertainment divisions, and the programming sides of TV stations. These are also the vendors of the programs they produce. Their customers and distributors are the networks and TV stations, who give away the product for free to their consumers, the viewers.

In TV’s advertising business, the advertising is produced by the advertisers themselves, or by their agencies. But in this market conversation, advertisers paly the customer role. They buy time from the networks and the stations, which serve as both vendors and distributors. Again, viewers consume the product for free.

In the past, the difference between these conversations didn’t matter much, because consumers were not part of TV’s money-for-goods market conversation.  Instead, consumers were part of the conversation around the product TV gives away: programming.

In the economics of television, however, programming is just bait. It’s very attractive bait, of course; but it’s on the cost side of the balance sheet, not the revenue side. TV’s $45+ billion revenues come from advertising, not programming. And the sources of programming make most of their money from their customers: networks, syndicators and stations. Not from viewers.

Broadcasters, however, are accustomed to believing that their audience is deeply involved in their business, and often speak of demographics (e.g. men 25-54) as “markets.” But there is no market conversation here, because the relationship — such as it is — is restricted to terms set by what the supply side requires, which are ratings numbers and impersonal information such as demographic breakouts and lifestyle characterizations. This may be useful information, but it lacks the authenticity of real market demand, expressed in hard cash. In fact, very few viewers are engaged in conversations with the stations and networks they watch. It’s a one-way, one-to-many distribution system. TV’s consumers are important only in aggregate, not as individuals. They are many, not one. And, as Reese Jones told us earlier, there is no such thing as a many-to-one conversation. At best there is only a perception of one. Big difference.

So, without a cash voice, audience members can only consume. Their role is to take the bait. If the advertisements work, of course, they’ll take the hook as well. But the advertising business is still a conversation that does not include its consumers..

So we get supply without demand, which isn’t a bad definition of advertising.

Now let’s look at the Web.

Here, the customer and consumer are the same. He or she can buy the advertisers’ goods directly from the advertiser, and enjoy two-way one-to-one market conversations that don’t involve the intervention either of TV as a medium or of one-way messages intended as bait. He or she can also buy entertainment directly from program sources, which in this relationship vend as well as produce. The distribution role of TV stations and networks is unnecessary, or at least peripheral. In other words, the Web disintermediates TV, plus other media.

So the real threat to TV isn’t just that the Web makes advertising accountable. It’s that it makes business more efficient. In fact the Web serves as both a medium for business and as a necessary accessory to it, much like the telephone. No medium since the telephone does a better job of getting vendors and customers together, and of fostering the word-of-mouth that even advertisers admit is the best advertising.

The Web is an unprecedented clue-exchange system. And when companies get enough clues about how poorly their advertising actually works, they’ll drop it like a bad transmission, or change it so much we can’t call it advertising any more.

We may have a blood bath. Killing ad budgets is a snap. Advertising is protected by no government agencies, and encouraged by no tax incentives. It’s just an expense, a line item, overhead. You can waste it with a phone call and almost nobody will get fired, aside from a few marketing communications (“marcom”) types and their expensive ad agencies.

About TV’s fatal flaw:

Few would argue that TV is a good thing. Hand-wringing over TV’s awfulness is a huge nonbusiness. TV Free America counts four thousand studies of TV’s effects on children. The TVFA also says 49% of Americans think they watch too much TV, and 73% of American parents think they should limit their kid’s TV watching.

And, as the tobacco industry will tell you, smoking is an “adult custom” and “a simple matter of personal choice.”

Then let’s admit it: TV is a drug. So why do we take it when we clearly know it’s bad for our brains?

Six reasons: 1) because it’s free; 2) because it’s everywhere; 3) because it’s narcotic; 4) because we enjoy it; 5) because it’s the one thing we can all talk about without getting too personal; and 6) because it’s been with us for half a century.

Television isn’t just part of our culture; it is our culture. As Howard Beale tells his audience, “You dress like the tube, you eat like the tube, you raise your children like the tube.” And we do business like the tube, too. It’s standard.

Howard Beale had it right: television is a tube. Let’s look at it one more time, from our point of view.

What we see is a one-way freight forwarding system, from producers to consumers. Networks and stations “put out,” “send out” and “deliver” programs through “channels” on “signals” that an “audience” of “viewers” “receive,” or “get” through this “tube.” We “consume” those products by “watching” them, often intending to “vege out” in the process.

Note that this activity is bovine at best, vegetative at worst and narcotic in any case. To put it mildly, there is no room in this metaphor for interactivity. And let’s face it, when most people watch TV, the only thing they want to interact with is the refrigerator.

Metaphorically speaking, it doesn’t matter that TV contains plenty of engaging and stimulating content, any more than it matters that life in many ways isn’t a journey. TV is a tube. It goes from them to us. We just sit here and consume it like fish in a tank, staring at glass.

Of course we’re not really like that. We’re conscious when we watch TV.

Well, of course we are. So are lots of people. But that’s not how the concept works, and its not what the system values. TV’s delivery-system metaphors reduce viewing to an effect — a noise at the end of the trough. And they reduce programming to container cargo. “Content,” for example, is a tubular noun that comes straight out of the TV conversation. What retailers would demean their goods with such a value-subtracting label?   Does Macy’s sell “content?” With TV, the label is accurate. The product is value-free, since consumers don’t pay a damn thing for it.

There is a positive side to the entertainment conversation, of course. Writers, producers, directors and stars all put out “shows” to entertain an “audience.” Here the underlying metaphor is theater. By this conceptual metaphor, TV is a stage.  But the negotiable market value of this conversation is provided entirely by its customers: the TV stations and networks. The audience, however, pays nothing for the product. Its customers use it as advertising bait. This isolates the show-biz conversation and its value. You might say that TV actually subtracts value from its own product, by giving it away.

And, the story of TV’s death foretold:

In the long run (which may not be very long), the Web conversation will win for the simple reason that it supports and nurtures direct conversations, and therefore grows business at a much faster rate. It also has conceptual metaphors that do a better job of supporting commerce.

Drugs have their uses. But it’s better to bet on the nurtured market than on the drugged one.

Trees don’t grow to the sky. TV’s $45 billion business may be the biggest redwood in the advertising forest, but in a few more years we’ll be counting its rings. “Propaganda ends where dialog begins,” Jacques Ellul says.

The Web is about dialog. The fact that it supports entertainment, and does a great job of it, does nothing to change that fact. What the Web brings to the entertainment business (and every business), for the first time, is dialog like nobody has ever seen before. Now everybody can get into the entertainment conversation. Or the conversations that comprise any other market you can name. Embracing that is the safest bet in the world. Betting on the old illusion machine, however popular it may be at the moment, is risky to say the least…

TV is just chewing gum for the eyes. — Fred Allen

This may look like a long shot, but I’m going to bet that the first fifty years of TV will be the only fifty years. We’ll look back on it the way we now look back on radio’s golden age. It was something communal and friendly that brought the family together. It was a way we could be silent together. Something of complete unimportance we could all talk about.

And, to be fair, TV has always had a very high quantity of Good Stuff. But it also had a much higher quantity of drugs. Fred Allen was being kind when he called it “chewing gum for the eyes.” It was much worse. It made us stupid. It started us on real drugs like cannabis and cocaine. It taught us that guns solve problems and that violence is ordinary. It disconnected us from our families and communities and plugged us into a system that treated us as a product to be fattened and led around blind, like cattle.

Convergence between the Web and TV is inevitable. But it will happen on the terms of the metaphors that make sense of it, such as publishing and retailing. There is plenty of room in these metaphors — especially retailing — for ordering and shipping entertainment freight. The Web is a perfect way to enable the direct-demand market for video goods that the television industry was never equipped to provide, because it could never embrace the concept. They were in the eyeballs-for-advertisers business. Their job was to give away entertainment, not to charge for it.

So what will we get? Gum on the computer screen, or choice on the tube?

It’ll be no contest, especially when the form starts funding itself.

Bet on Web/TV, not TV/Web.

Looking back on all that, I wince at how hyperbolic some of it was (like, there really is some demand for some messages), but I’m still plased with what I got right, which is that the Web eats TV. Which brings me to the precipitating post, YouTube is Huge and About to Get Even Bigger, by Jennifer Van Grove in Mashable. Sez Jennifer,

According to YouTube, the hours of video uploaded to YouTube every minute has been growing astronomically since mid-2007, when it was just a measly six hours per minute. Then, in “January of this year, it became 15 hours of video uploaded every minute, the equivalent of Hollywood releasing over 86,000 new full-length movies into theaters each week.”

Now, just a few months later and we’ve hit the 20 hour per minute milestone, which means that for every second in time about 33 minutes of video make it to YouTube, and that for any given day 28,800 hours of video are uploaded in total…

Even though YouTube (YouTube reviews) is seeing such massive upload numbers, and we think that speaks to the strength of their community, they still have monetization challenges that are only exacerbated by the rising bandwidth costs required to support such an enormous load. Bandwidth costs are already proving to be the bane of YouTube’s existence, possibly resulting in $470 million in loses for this year alone.

So while YouTube’s outwardly celebrating that we’re dumping 20 hours of video on their servers every minute, we think they should count their blessings with a little more realism since, based on previous patterns, this number, along with bandwidth costs, will only continue to rise.