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I posted this to a list I’m on, where a long thread on Net Neutrality was running out of steam:doc036c

Since we seem to have reached a pause in this discussion, I would like to suggest that there are emergent properties of the Internet that are not reducible to its mechanisms, and it is respect for those emergent properties that drives NN advocates to seek policy protections for the flourishing of those properties. So let’s set NN aside for a bit, and talk about those.

For example, whether or not “end to end” is a correct description of the Internet’s architecture, that’s pretty close to how it looks and feels to most of its users, most of the time. By that I mean the Net reduces our functional distance from each other (as ends) to zero, or close enough to experience the distance as zero. There little if any sense of “long distance” — that old telco term. Nor is there a sense that it should cost more to connect with one person or entity than another, anywhere in the world (except where some mobile phone data plans leverage legacy telco billing imperatives).

And while the routers, CDNs and other smart things between the Net’s ends deserve respect for their intelligence, they still tend to serve everything that runs across the Net without much prejudice, and thus appear to be “stupid” in the sense David Isenberg visited in The Rise of the Stupid Network, which he wrote for his unappreciative overlords at (Ye Olde) AT&T back in ’97. In other words, users don’t sense that network itself wants to get in the way of its uses, or to bill for any one kind of use while not billing for another. (Yes, sites and services on the Net can bill for whatever they want. But they are not the Net, any more than a store on Main Street is the gravity that holds it there.)

While providers of access to the Net charge for the privilege, the Net itself — that thing made possible by its base protocols — has no business model. This is one reason it produces economic externalities in abundance beyond calculation. More than a rising tide that lifts all boats, it is a world of infinitely varied possibilities, all made possible by a base nature that no phone or cable company ever would have invented for the world, had the job been left up to them alone.

I remember, back in the 80s and early 90s, knowing that the Net was a genie still bottled inside universities, large companies and government entities — and that it would grant a zillion wishes once it got out. Which it did, starting in ’95. Ever since then I have devoted my life, one way or another, to understanding What’s Going On with the Net. I never will understand its inner workings as fully as … many others on this list. But I believe I do understand enough about the transcendent virtues of the Net to stand on their side and say we need to preserve and enhance them.

It is clear to me that there is a whole to the Net that is not reducible to any of its parts, any more than a human being is reducible to the body’s organic systems. And I believe it is easy to miss or dismiss that whole when insisting that the Net is only a “network of networks” or some other sum of parts.

When our attention is only on those parts, and making them work better for some specialized purpose, we risk compromising the general purpose nature of the Net… By serving the needs of one purpose we risk crippling countless other purposes.

I’d say more, but I have meetings to attend. This might be enough for now anyway.

The post only got one reply so far, from one of the Net’s founding figures. He approved.

The problem for Net Neutrality is that the founding protocols of the Net are neutral by nature, and yet the Net is something we mostly “access” through phone and cable companies, which by nature are not. This tends not to be a problem where there is competition. But in the U.S., at least, there mostly isn’t, at least on the wired side. (The wireless side has some interesting rock and roll going on.) This also tends not to be a problem where carriers are just that: carriers, rather than content-delivery systems with a financial interest in favoring the delivery of one kind of content — or one “partner’s” content — over others.

But the Net is about “content” like water is about drinking. Meaning, it’s not. It’s about everything. That’s how it’s neutral.

I’m listening to WGBH on 93.7 from Boston on my kitchen radio, on the low floor of an apartment building in Manhattan, thanks to an atmospheric condition called tropospheric bending, or “tropo” for short. Here’s my section of the current map of tropo at work right now:

 

Screen Shot 2014-08-12 at 9.28.58 AMThe same map shows bigger “ducts” running from Florida to Iowa and Missouri to California. The map is by John Harder, aka @ng0e. Other maps by meteorolgist William Harper abound here.

I would have loved the same thing back when I was (like John) a “DXer” who logged about a thousand different FM stations from my house in the woods north of Chapel Hill, North Carolina, in the late ’70s. “Tropo” showed up in the mornings, and another more dramatic form of long-distance propagation called “sporadic E” would appear in the afternoon and evenings, mostly in the late spring and early summer. Here’s a map source for that one.

One entertaining thing about sporadic E was how it affected channels 2-6 television. I picked up every Channel 3 in a circle that ran from Louisiana, across the prairie states, southeastern Canada, the Maritimes, and then around to Cuba. That whole band is now abandoned in the U.S. TV stations with those channel numbers actually radiate on other ones, while still occupying their old channels virtually. Also, we have the Internet, so watching and listening to faraway stations lacks the old thrill.

Still, it’s fun to hear that faraway stuff showing up every once in awhile.

Since my old blog (still running, amazingly, on an old server somewhere within Verisign) will some day be Snow on the Water, and conversation about radio has commenced below that post, I decided to re-post March 21, 2001. Here goes…


Blast from the past

Tune in here right now to catch Larry Lujack on KNEW, the Top forty station in Spokane, Washington, in the summer of 1963. Lujack later became a legend on Chicago radio.

Such memories. I’ve been grooving back over my first visit to The West when I was a teenage radio freak with a Zenith Royal 400 transistor radio glued to my ear as my family spent the summer driving all over the country. I was a city & suburban boy from New Jersey. (Seen The Sopranos on HBO? Crank the locality back forty years and that was pretty much the environment.)

The Real Don Steele
The Real Don Steele on KHJ/930

I had never been West before, and it was a mind-blower. I remember driving through Santa Barbara, where I’ve been living now for less than a week, and looking up in amazement at the buff-colored mountains, with its layers of rock shaped like fish scales or the plates on the spine of a stegasaurus, lined in dark green chapparal.

But while I loved the geography and the geology, I couldn’t get away from the radio. The land would always be here, but the golden age of Top 40 would not. In fact, it would begin to end with the assasination of JFK only three months later, then the Beatles, then FM and everything else that made The Sixties what they were. Great Top 40 was a Fifties Phenom, even though it didn’t really end until WABC went talk in the mid-Seventies.

The Summer of ’63 was the peak.

The songs: Surf City, by Jan & Dean. More, by Kai Winding. Wipe Out, by the Surfaris. Candy Girl, by The Four Seasons. Sally Go Round the Roses, by the Jaynettes. Memphis, by Lonnie Mack. Please Mr. Postman by the Marvelettes. Just One Look, by Doris Troy. One Fine Day, by the Chiffons. What a hook that song had:

Doobie doobie doobie do wop wop…

And all the great stations! In my head I can still hear KAAY/1090 out of Little Rock, which covered the midwest like a blanket every night. KIMN/950 out of Denver, which I picked up somewhere in Kansas, and listened to all the way to Colorado Springs, never closer than a hundred miles to the station itself. The signal was weak, but the ground out there was so conductive that a signal that wouldn’t go forty miles in Massachusetts carried hundreds of miles. (Check out all the higher numbers on this map here and you get the idea… there’s nothing in the East like it.) Others: KMEN/1260 in San Bernardino. KFWB/980 and KRLA/1110 in Los Angeles. KEWB/910 out of San Francisco.

I loved hearing Dick Biondi on KRLA when we got to Los Angeles in late July. This was after Dick was famously fired by WLS/890 in Chicago, a station you could hear over half the country every night (my cousins listened to him, along with everybody’s Cousin Brucie on WABC/770 from New York, every night). Right now this stream is playing the Real Don Steele, who later became huge in Los Angeles radio on KHJ/930. (Steele died not long ago and is remembered beautifully here.)

I got to looking into all this because I still cant get Dave Dudley’s Six Days on the Road — another hit from the Summer of ’63 — out of my head.

God, I love the Web.

Back to work, accompanied by Wolfman Jack on XERB/1090 (“… studios in Los Angeles” even though the transmitter was down in Rosarita, south of Tijuana in Mexico… it still booms into Santa Barbara, where it was THE Top 40 station for decades).

All your Net are belong to us

Thanks to Ev for clueing us in on the most telling paragraph in the Microsoft Hailstorm White Paper:

Microsoft will operate the HailStorm services as a business. The HailStorm services will have real operational costs, and rather than risk compromising the user-centric model by having someone such as advertisers pay for these services, the people receiving the value – the end users – will be the primary source of revenue to Microsoft. HailStorm will help move the Internet to end-user subscriptions, where users pay for value received.

Key phrase: move the Internet.

I was finally able to get to Jacob Levy’s post at the MS-Hailstorm list at YahooGroups. In case it’s as hard for you to get in there as it was for me, here are Jacob’s summary paragraphs:

The most telling part of this is that none of the protocols are currently open. Of course they’ve sprinkled some magic fairy dust on the whole business by repeatedly saying the XML and SOAP buzzwords. I’m not going to hold my breath waiting for Microsoft to publish the protocol they’re implementing between the PassPort server and the American Express payment clearance server, for example. Doesn’t matter what its written in, XML and SOAP or ancient greek on papyrus, it’s not going to be open.

Methinks its time to move on beyond this venting and think what we’re going to do about this. As I said in the start of this thread today, we don’t need Microsoft to implement any of this.

Okay, so here’s an idea: let’s talk with IBM, which is busy declaring its love for Linux and its development community. They’re spending a $billion this year on Linux (not clear exactly how, but never mind). Why not plug into the larger surrounding community that embraces the Net as something that’s ours, and doesn’t need to be “moved” anywhere — least of all to a place where only one company can intermediate services (that can only be fee-based) between users who happen to be enabled exclusively by that company’s software?


Postscript: Larry Lujack died last year. Microsoft Hailstorm failed not long after I wrote this post. Dick Biondi, now 81, is still on the air in Chicago. Cousin Brucie still holds forth on SiriusXM’s Sixties on 6. KAAY fell in to disrepair and is barely on the air as a religious station. Every other mentioned station has gone through numerous format changes. Wolfman Jack died in ’95, though I didn’t make clear above that I was listening to him on the Spokane station’s stream.

floesI’ve been intrigued by Fotopedia  since it showed up in ’09, especially since I do a shitload of travel photography. But I never posted anything there, because I was afraid it would die. And now, says here, it will. In seven days. The reason:

As of August 10, 2014, Fotopedia.com will close and our iOS applications will cease to function. Our community of passionate photographers, curators and storytellers has made this a wonderful journey, and we’d like to thank you for your hard work and your contributions. We truly believe in the concept of storytelling but don’t think there is a suitable business in it yet.

I’m also afraid Flickr will die, and wrote about that in What if Flickr fails? back in 2011. I believe Flickr is more durable now that it was then, and I like what they’ve been doing under new leadership there. But, with more than 50,000 photos up there now, on five different accounts (four are others to which I contribute), I’ve got a lot of exposure to the inevitable, which is that Flickr will die. As will everything, of course, but stuff on the Web has an especially low threshold of death.

In the early days it didn’t look that way. Making the Web was an exercise in long-term property development then, or so it seemed. There were sites we put up, built or constructed at locations in domains, so others could visit them, and search and browse through them, as if they were libraries. Which they were in a way, since we used publishing lingo to talk about what we put there: writing, authoring, editing, postingsyndicating and so on.

But that was what we might call the Static Web, a term I picked up from my son Allen in 2003, when he shared an amazing prophesy that has since proven correct: a new Live Web was starting to branch off the static one.

I’ve written about that a number of times since then. (Here, here and here, for example.) Back then, live was what we had with blogs, and RSS. You wrote something, posted it, and a Live Web search engine, such as Technorati or PubSub would have it indexed within a few minutes. (Amazing: Google Blog Search, which displaced the others, still exists. Technorati does too, technically; but it’s a different company and its old index is gone.)

Today the Live Web is Twitter and Facebook.

Here are two important differences between the Live Web of 2003 and the Twitter/Facebook one today:

  1. Even if blogs were with services such as Radio Userland, Live Journal, Blogger or TypePad, they expressed, as Dave Winer puts it, the unedited voice of a person. With Twitter and Facebook, your voice echoes inside a big commercial castle.
  2. Blogs were journals. By that I mean they were self-archiving. Their URLs were always yourblog/year/month/day/permalink, or the equivalent. On Twitter and Facebook, they tend to sink away. Same with Tumblr, Pinterest and other services that employ the modern endless-scroll website style. The old stuff seems to sink down out of sight, with little sense that any one thing has its own location on the Web, or that the location belongs fully to the author.

That sinking-away thing is, almost literally, burial. Once it’s gone off the screen, it gets hard to find. Or it’s gone completely.

In its early days, tweeting was called “micro-blogging.” But it was really more like texting, or passing notes in class. While blogging was self-archived, with “permalinks,” every tweet — in spite of having a unique URL ‚ became hard to find, or gone, once it scrolled off the bottom of the screen. Many times I’ve tried searching for old tweets, on Twitter or Google, and found nothing. The best I could do was download an archive. (Or, excuse me, request an archive. I just did that. I’ve heard nothing so far.)

Sorry, but this is not the Web. This is something else: live performance. Kinda like radio.

Many years ago I started writing a book about radio, which had been an obsession of mine ever since I was a little kid. The title was to be Snow on the Water, a line from “Big Ted,” by The Incredible String Band:

Big Ted’s dead, he was a great old pig
He’d eat most anything, never wore a wig
Now he’s gone like snow on the water, good-bye-eeeedocdave

Radio’s goods decay at the speed of short-term memory. The best of it persists in long-term memory, but the rest is gone like snow on the water.

That, to me, is part of radio’s charm. At its best, it’s pure performance, something you have to be there for, in a mode they call “live.” Sure, you can record it, but then it’s not the same. It’s like canned fruit.

Performance is like that: a thing that happens in real time, in real place, between the performer(s) and the audience. Theater. Show biz. No second chances.

I was in radio for awhile, long ago. My nickname, Doc, is a fossil remnant of Doctor Dave, a humorous persona on WDBS in Durham, North Carolina. I also wrote for the station’s “alternative” paper, called The Guide. That graphic on the right is how I looked to readers. It was drawn by the late, great Ray Simone. I look like that in reality today, only with less hair.

Far as I know, the only remnants of Doctor Dave, on tape or in print, are buried in my garage in Santa Barbara. Some day, if I live long enough, and run out of more interesting things to, I’ll dig them up and put them online. Or maybe I’ll leave that up to other people who give more of a shit than I do. As of today, that’s nobody. After I’m dead as Ted, maybe some will show up. Who knows.

According to iTunes, I’ve also accumulated 1300 podcasts — time-shifted radio — that I also haven’t listened to. I do like podcasts, and some day will get around to doing my own on a regular basis instead of the one time I’ve done it, so far. (Find it at http://podcast.searls.com.) If I did it on radio first, it would be easier.

But what’s radio any more? Here’s what I said about it last November:

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

All of these services can do what they do because they’ve cleared “performance rights” to play the music they play, and to pay the royalty rates required by copyright law. Never mind the rates for now. Instead, focus on the word performance. The Copyright Act of 1909 was the first to characterize a musical composition or recording as a performance. So, if you acquire a piece of music, you only acquire the right to perform it for yourself.

So what I’m saying is that the Web is becoming more of a live performance venue, and less of a digital library where published works are shared and stored in easily found ways.

Look at the advertising on websites today. None of it is constant in the least. Hit the refresh button and new ads will appear. Go away and come back and there will be new content, with new ads. This is nothing like the newspapers and magazines — the journals — of old. This is live performance, often just for you (at least on the advertising side).

In How Facebook Sold You Krill Oil, in today’s New York Times, we learn that you, the Facebook user, are in an “audience” for the advertising there. Enough of the performance works to make the spending worthwhile for the advertiser.

There’s an accounting of it somewhere, for business purposes. But nothing lasting, much less permanent, for the rest of us. It’s all just snow on the water.

Watching that advertising — and even most “content” — scroll to oblivion is hardly tragic.

But losing Fotopedia is tragic to this extreme: art matters. What you see and read today on Fotopedia are works of art. Some are better than others, but all qualify for the noun.

Fortunately, the Internet Archive has indexed Fotopedia. But navigating it isn’t the same. Some internal links go somewhere, but most don’t.

There are many regrets (and one persistent offer to help) in the comments under Fotopedia’s final blog post. Here’s hoping something can be done to save Fotopedia’s art the old Static Web way. And that, eight days from now, all that fine art won’t be gone like Big Ted.

 

 

 

 

This speed test was done in London, but it’s typical of everywhere:
speedtest in london

It shows a Net biased for downstream, and minimized for upstream.

If we’re going to do any serious personal work in clouds, we need better upstream than this.

I wrote about the problem, and the reason for it, in France, four years ago. Not much has changed.

One would think that Amazon, Apple and Microsoft, all of which offer cloud services for people (check those links), would make a stink about awful upstream speeds. But I haven’t heard a peep. Why not?

 

 

For several years now I’ve been participating with Pew Internet in research on the Internet and its future — mostly by providing my thinking on various matters. The latest round is the Future of the Internet Survey VI, for which I answered many questions. The latest of those to make print is in The Gurus Speak, by and Here is what I said:

“John Perry Barlow once said, ‘I didn’t start hearing about “content” until the container business felt threatened.’ I’m with him on that. ‘Content” is the wrong focus here. It’s just business jive for stuff that floats subscription and advertising revenue online. Sharing knowledge matters much more. The most serious threat to sharing knowledge—and doing the rest of what the Internet is good for—is a conceptual one: thinking of the Internet as a service we get from phone and cable companies. Or worse, as a way to move ‘content’  around.

And if we think the Net is just another ‘medium,’ we’re missing its real value as a simple and cost-free way to connect everybody and everything. This is what we meant in The Cluetrain Manifesto when we said ‘markets are conversations.’ Conversations are also not media. They are the main way humans connect with each other and share knowledge. The Internet extends that ability to a degree without precedent in human history. There is no telling how profound a change—hopefully for the better—this will brings to our species and the world we live in.

What steps are necessary to block changes that would limit people’s optimal future capabilities in using the Internet? We need to understand the Internet as what it really is: a way to connect anyone and anything to anyone and anything else, with little if any regard for the means between the ends.

What Paul Baran described as a ‘distributed’ network in 1964, and he and other geeks built out, is a heterarchy, not a hierarchy. It was not designed for billing, or for managing scarcities. Instead it was designed to connect anything to anything, and to put all the smarts in the nodes of the network, rather than in intermediaries. Its design obeys protocols, which are manners among machines and software. Those manners are NEA: Nobody owns them, Everybody can use them, and Anybody can improve them. (Linux and other free and open software code bases are also like that, which is why they provide ideal building material for the Net and what runs on it.)

But intermediaries called ISPs—mostly phone and cable companies—bill us for access to the Net, and those monthly bills define the Net for us in the absence of a more compelling definition. For providing that definition, geeks have done an awful job. So have academics and regulators.

Nobody has yet made clear that the Internet is a rising tide that lifts all boats, producing many trillions of dollars in positive economic externalities—and that it can do so because it has no interest in making money for its owner.

The Net didn’t grow over the dead bodies of phone and cable companies, but over their live ones. Those companies are just lucky that the Net used their pipes. But they have also been very smart about protecting their old businesses while turning their new one—Internet access—into something they can bill in the manner of their old businesses. Hence ‘plans’ for monthly chunks of mobile data for which the first cost is approximately zero. (Operating costs are real. Ones and zeros are way different, and in many—perhaps most—cases have no real first costs.)

In the U.S., cable and phone companies are also lobbying hard at the federal, state and local levels to push through laws that prevent citizens from using local governments and other entities (e.g. local nonprofits and utilities) to offer what carriers can’t or won’t: fully capable Internet service. These laws are sold to legislators as ways to keep government from competing with business, but in fact only protect incumbent monopolies.

What the carriers actually want—badly—is to move television to the Net, and to define the Net in TV terms: as a place you go to buy content, as you do today with cable. For this they’ll run two-sided markets: on the supply side doing deals with “content providers” such as Hollywood and big publishers, and on the demand side by intermediating the sale of that content.

This by far is the most serious threat to sharing information on the Net, because it undermines and sidelines the Net’s heterogeneous and distributed system for supporting everybody and everything, and biases the whole thing to favor a few vertically-integrated ‘content’ industries.

The good news is that there are a few exceptions to the rule of cable/telephony duopoly, such as Chattanooga, Kansas City, and Wilson, NC, which are attracting businesses and citizens old and new to the shores of the real Internet: the one with virtually unlimited speeds in all directions, and few if any restrictions on what anybody can do with the bandwidth. There we will see the Internet’s tide lift all boats, and not just those of telephony and television.

The end state we will reach is what Bob Frankston calls ‘ambient connectivity.’ We might have to wait until after 2025, but we will get it.”

Elsewhere in the same report, Bob said,

“Today’s online ‘access’ is hobbled by a funding model based on an owner taking a vig and denying us the ability to communicate unless we pay a carrier. We must get rid of the concept of telecommunications and understand that the Internet is a fundamentally different paradigm. See more on my opinion at http://rmf.vc/IEEERefactoringCE.”

What’s especially important about Bob’s work is that he refuses to frame the Internet in terms of the container shipping business that remains the prevailing paradigmatic frame we use today, but instead thinks and works outward from individual agency.

Simply put, we need to think outside the pipes if we can begin to see the Net as anything more than next-gen telephony and television.

Bonus links:

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

Record & Stream Live TV Online with Aereo Cloud DVR

Coming soon to 19 more cities!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I believe the Court’s decision did two things:

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

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

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

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

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

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

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

Bonus link, with prophesy: TV 3.0.

rn1There was a time when personal computer was an oxymoron: a contradiction in terms. That ended when personal computing got real in the ’80s.

There was a time when personal networking, where every person has status, reach and power equal to that of corporations and governments, was unthinkable. That ended when the Internet got real in the ’90s.

There was a time when putting both those powers, plus a zillion mobile apps, in everybody’s pocket, was a pie in the distant sky. That pie reached Earth in the ’00s.

There was a time when clouds were only corporate, and personal cloud was an oxymoron — or worse, just a new term for more data storage. That ends today.

Personal clouds level the market’s playing field by giving full agency to each of us: a place to stand where we can deal as equals with companies, governments, health care providers, lawyers, schools and everything and everyone else in the connected world. In your own ways, and on your own terms. They begin what @Petervan calls The Revolution of the Data Slaves.

You can self-host your cloud (which some also call a vault or a store), or use a Cloud Service Provider (CSP) that hosts your cloud it in an encrypted form that even they can’t see. Either way, your personal cloud (hashtags: #pcloud, #TakeBackControl) is an ideal box for any number of current and future VRM tools, including ones for:

Respect Network is has gathered together a bunch of Cloud Service Providers, along with other companies, development projects, organizations and individuals, for a world-circling launch tour that begins today in London. Tomorrow is an Immersion Day, for digging down into how personal clouds solve problems of privacy and personal empowerment. I’ll be at both, and giving the opening keynote tomorrow.

Next stops on the tour:

  • San Francisco — 30 June and 1 July
  • Sydney — 7 and 8 July
  • Tel Aviv — 14 July
  • Berlin — 21 July

The tour is also a campaign to sign up a million members, each claiming their own cloud name — a sovereign identity that’s yours alone. They explain:

The Respect Network is a collaboration of over 70 companies and open source projects from around the world who share this commitment:

  1. On the Respect Network, every member owns his/her private cloud and cloud name (your =name) that is completely portable for life and not dependent on any single CSP (cloud service provider).
  2. On the Respect Network every personal and business member agrees to respect each other’s privacy and digital freedom.
  3. On the Respect Network, you control your digital identity and relationships. You have the right to be forgotten—or remembered—by any other member.
  4. On the Respect Network you control when and where your personal data is shared and benefit directly from the value earned.
  5. On the Respect Network you are not the product, you are the partner—the network is supported directly by members investing in privacy for life.

I’ll add more here as the day goes on. It’s going to be an exciting one.

I just ran across this item below, which ran almost fourteen years ago in my original blog, and think it’s worth re-running today. The characters have all changed, but the issues have not. In fact they are more present and worth debating than ever. — Doc

An Open Letter to Meg Whitman

Meg Whitman
President and CEO
eBay

7 October 2000


Dear Meg,

Since The Cluetrain Manifesto came out (first on the Web, then as a book), I am often asked to name “clueful” companies. Usually I give eBay as a prime example of a market in the true sense of that word: a place where people gather not only to buy and sell, but also to make culture.

Now I read in The Wall Street Journal (“EBay to Launch Promotions to its Users,” October 2, p. B6*) that eBay wants to be a medium as well as a market. Specifically, the company has hired AOL’s sales force to sell advertising on eBay pages. A piece in The Standard (“The Ad Man Cometh for eBay“) says the same thing. Here are the key paragraphs from the Journal piece:

The arrangement with AOL marks eBay’s first major effort to sell its audience to advertisers. Masses of users visit eBay everyday to buy and sell everything from antiques to autographs. EBay, the largest trading community on the Web, is the 15th most-visited Web site and the second most-visited shopping site, according to measurements by Netratings Inc. It attracts upwards of 14 million users a month, traffic that remained largely untapped until now.

“The management team is recognizing that there is a significant opportunity to monetize the site to a greater degree than we have in the past,” says Kevin Pursglove, an eBay spokesman.

This is a move to the dark side, and it’s a mistake. There is a difference between a trading community and an audience. It is a massive difference in kind.

EBay was conceived and has grown entirely as a marketplace, not as a medium. Members visit eBay to buy, to sell, to shop, to compare, to talk, to grow their communities. Not for advertising. Not for “messages,” however “targeted” those messages may be. The the fact that eBay’s consituency is huge (MediaMetrix ranks it as 16th in the U.S., with 12,675,000 unique visitors per month) doesn’t make that contituency an “audience.”

Reconceiving your constituency as an audience requires a change of mentality on your part. You have to start thinking like a medium, with all the delusions that involves. And believe me, the whole media profession is grounded in some very fundamental delusions, all born of a distance from what markets are all about.

I worked in advertising for much of my adult life, and I must tell you a dirty secret problem the whole industry would rather not face: there is no demand for messages.

The advertising business, which includes the commercial media, doesn’t want to face the fact that their “audiences” would never pay for advertising’s goods. Even the term “audience” is a delusional metaphorical conceit. Book a theater to show nothing but advertising and see who shows up, even if it’s free.

The “targets” advertising seeks to “impact” and “penetrate” with “campaigns” that “deliver messages” is tired of being attacked. Their lack of demand for advertising’s ordnance is a brutal reality that the advertising industry cannot bear to confront.

In fact, “absence” doesn’t begin to cover the kind of non-demand we’re talking about here. If demand could be metered, most advertising would peg to the negative.

For evidence, let’s ask the most awful question commercial television could possibly hear: What would happen if MUTE buttons on TV remote controls delivered “we don’t want to hear this” messages directly to the advertisers who pay for commercial television? Advertising as we know it would be dead in a day.

Now let’s go to a tougher question: What would happen if television could facilitate the conversations that constitute real markets? The answer is that television would be a lot more like eBay. Which is why AOL-type advertising on eBay is a retrograde move.

I don’t know Bob Pittman or Steve Case. They seem like nice guys. And they’ve managed to make the Web more like TV than anybody else ever could. Maybe they deserve some kind of congratulations for that. But they’re media guys, and ultimately the Web is less a medium than a place.

Ask yourself this: Would AOL gladly provide its users with a MUTE button? Would it support selective ad-blocking by its customers, who already pay to use the service? No way. AOL may be an online service; but it thinks, walks and talks like a media company — a shipper of messages. The customers it clearly cares most about are its advertisers, not its users.

That “there’s no other way to pay for the content” is meaningless in your case. EBay’s content is the social system we call a marketplace — one that can only be diminished in value by advertising. Or at least advertising as we know it — by which I mean the kind of advertising AOL sells. Creating better ways for buyers and sellers to find each other and do business in eBay’s marketplace is a good thing. In fact, that’s your business. But it isn’t advertising.

No amount of “targetting,” “narrowcasting,” “personalization” or any other technique will make advertising’s messages any more appetiizing to people who just don’t want them, and never have. The online successes of AOL, Yahoo and a very few others are the exception, not the rule. They also have not been proved in the long run. I believe that in time their successes will speak far more eloquently of tolerance than of demand.

Markets — real markets like the ones that thrive at eBay — have been proved for thousands of years, in every culture on Earth. Please remember that. And remember why people fill them. Remember what they truly demand. It isn’t advertising, and it never will be.

EBay’s marketplace isn’t a medium with a 2 in the middle of it. It’s a place where people do busines with each other. Not to each other. Nor is it a performance center. Nobody is there as an “audience” wishing to have somebody “deliver an experience” to them.

People come to eBay for something far more active, involved, participatory and precious than the “aggregated eyeballs” that media machines like AOL and Yahoo lust after. Call it a constituency, a community, a web of trust or just a good place to do business. But please. Don’t call your members an “audience,” Or “traffic.” Or “consumers.” And don’t sit still while others call eBay marketplaces “sticky.” Traffic jams are sticky too, and good for nothing but billboards.

Trust me (or better yet, trust your millions of other members): you’ll make enough money without a retrograde move into the Second Wave world of advertising. The Journal piece sources a Goldman Sachs analyst who says your advertising sales could amount to “as much as 10% of total revenue, expected to top $415 million this year.” Think for a moment of how little this really is, and what you’re really selling — or worse, having AOL’s sales “force” sell — to advertisers. Think about what’s being said, literally, in the very first line of that same piece:

The Internet’s biggest flea market, eBay Inc., has something new for sale: advertisements on eBay.com.

What you’re selling isn’t just advertising. It’s us: our time, our attention, and our trust that you won’t waste either. You have always valued that trust more highly than anything else. That’s because eBay has the soul of a marketplace. Not a medium. That fact — and our trust in it — is worth a helluva lot more than whatever you’ll get from the companies who pay you for the privilege of aiming “messages” at us.

Appreciatively,

Doc Searls

I’ve been asked how EULAs — End User License Agreements — might affect the Internet of Things, now becoming better known as the IoT. Good question. The topic is hot:

google-iot-trend

Development, however, is another story. There we are headed straight into a log-jam that Phil Windley calls the Compuserve of Things. In the 80′s and early ’90s, Compuserve was as close as any of us could get to experiencing the real Internet (which was available only to a limited selection of governments, universities and big companies). Compuserve’s competitors were AOL (originally America OnLine), Prodigy, MSN and a few others not worth mentioning.

The problem was that all online services were closed and proprietary. Communication between them was difficult or impossible. Your Compuserve email only worked with other Compuserve members. Same with your Prodigy and AOL mail. Same with instant messaging (which retains its old proprietary problems even to this day.)

Where we are headed today is not the Internet of Things, but the Google of Things, the Apple of Things, the Microsoft of Things, and low-effort sports and war stories in the media misdirecting attention away from the real Internet and toward fights between giants.

Also evolving away from the Net will be the Every-BigCo-of-things, and their suppliers of proprietary platforms. (Let’s call that one EBCoT.) Every one of these, of course, will have its own EULA.

The Internet has no EULA. It just has an A, for Agreement. That’s because the Internet is defined by protocols, which are manners — agreements — among the things it connects.

For the trillions of things in the world to work in the actual Internet, they need be subject to that same agreement (and others like it, tuned for things other than computers), but not licenses from controlling parties, because that would not be the Internet.

EULAs suck already anyway, for two legacy reasons: 1) they are one-sided and coercive; and 2) nobody reads them other than the lawyers who write them. Let’s unpack both problems.

Most EULAs are what legal folk call “contracts of adhesion.” That term was coined by Friedrich Kessler in 1943, at the apex of the Industrial Age (when Industry was causing, fighting and winning WWII). Adhesive contracts, Kessler said, were the only way any one company could achieve legal scale with masses of customers and users.

But what worked as an upside for industry had a downside for everybody else, because adhesive contracts came at a cost. Freedom of contract, long a form of vernacular law in everyday life, was shoved aside by industrial expedience.

What Kessler saw as both an efficient hack and a moral drag became more of both in the Information Age in which we live today. And it be a far bigger drag if it encumbers every Thing we want to put on the Internet.

Most of us don’t read EULAs, or the privacy policies that often accompany them, because to do so is both useless and time consuming. They are useless because they exist mostly to scrape off liability and other inconveniences on the customer or user. And they suck up time because they are written in legalese, by and for lawyers, rather than the rest of us.

So: what can we do? I’ll take that up in the next post.

Bonus link: Tony Faddel on Nest’s independence from Google and why he doesn’t like “Internet of Things” as a label.

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