New York


15
Oct 06

Creative Commons Salon New York

CC Salon Mixtape

On Friday night I went to NuBlu for the first NYC Creative Commons Salon. It was an interesting little get together. Some random thoughts:

  • I put up some pictures. Like all my pictures, they are CC-SA, but unfortunately the gallery hack I was using to indicate licensing is busted. Go ahead and enjoy them.
  • As far as I could tell, only one of the three artists who presented actually uses CC, which was disappointing.
  • Licensing aside, the art was a fun/funky mix of digital art. Paul Slocum showed off some cool music stuff, including a printer he’d hacked to play music via a combination of ‘mere’ printer noises and cassette tapes wrapped around printer drums. More here. Evan Harper of Eyebeam and Marisa Olson of Rhizome.org also presented- some neat stuff (some of it documented in the picture gallery, including Marisa’s tape gallery, and Evan’s… well, guerrilla seating and all-porn browser. What more can you say than ‘all-porn browser’. :)
  • Nublu is, without doubt, the trendiest (or wannabe trendiest) club I’ve ever been in- they are too hip to ‘have a sign over the door’. Still, nice space and very good DJ after the Salon.
  • Was good to meet some new folks and see Ronald.

Definitely glad I went, and will definitely make the next one.

By the way, for those in the New York area who are interested in this kind of thing, there is a great InfoLaw New York calendar full of events like this one, maintained by the kids at the NYULS Information Law Institute. Definitely worth subscribing to in your calendar tool of choice.


11
Oct 06

Links From The Future!!!

Say the title in a ’50s scifi voice and it gets a lot more interesting.

  • The future is ‘a battle between two circles in a Venn diagram’, one of which is the ‘Net, and the other Big Content, according to Doc Searls. The cue is Google’s acquisition of YouTube, which Doc thinks is really about expanding the Big Content Venn circle, despite having the trappings of expanding the ‘Net’s circle. I agree with him, which is why this move disappoints me- that money would have been better spent (both for the ‘Net and for Google’s bottom line) if it were spent on building tools and open standards for video publishing and indexing, like Annodex.
  • The future includes a Surveillance State, or so says Jack Balkin, channeled by Bill McGeveran of UMinn Law. Scary peek into the future; mostly scary because of the comparison with other States (the administrative state, for example) which snuck up on us while we weren’t looking. We’d like to tell ourselves that we’re more aware now, and we wouldn’t allow massive government sea-changes without our awareness, but I think Balkin is probably right- we would and we are allowing such a change to happen right under our noses. I look forward to seeing the whole paper.
  • In the future, we’ll have Open Source Science. Maybe. Just a good link- definitely worth a read if you’re interested in collaborative models of production applying outside of software.
  • In the nearer and more optimistic future, (Friday!), CC Salon is finally coming to NYC! See you there, I hope.

4
Oct 06

Defective By Design at Cardozo

Just got back from a talk by Gregory Heller of Defective by Design (FSF’s anti-DRM organization) at Cardozo. Some quick thoughts:

  • turnout was great- 55 people. I hope that at SLST can get similar or better turnout for events we do in the future. [Tangent: I'm on the SLST board as of last week; this is really exciting for me- I hope I can help it be a first-class student technology law group.]
  • It turns out that at Cardozo, free pizza lacks pepperoni. After about three seconds of thinking about this, it was incredibly obvious, but it did leave me surprised for those three seconds.
  • The talk was a solid introduction to DRM issues. Unfortunately, it failed to deal with the most common objections in the body of the talk. This allowed those objections to come up in questions, which put Greg on the defensive, and gave the objections a lot more credibility than they really deserved. (Most of them should have been easily disposed of.)
  • Greg had to explain what Amazon Unboxed was. This made me realize- most DRM-based systems, except iTMS, have been dismal failures, and so no one knows about them. I wonder if this is correlation or causation. My hunch is correlation (most of them have also been terrible user experiences completely independent of DRM), but I may well be wrong.

I’d write more about the talk itself, except (1) I have a feeling it would be mostly redundant to most of my readers and (2) it finally crystallized my thinking on the issue, so if I can unbury myself from school in the next few days, this means I’ll probably finally explain why Dobey is (mostly) wrong, using some of Greg’s ideas and some of my own.


28
Sep 06

Mr. Long Tail and Mr. Free Culture on the ‘end of the blockbuster’ at the New York Public Library

I got a chance to go to see Chris Anderson (author of the Long Tail Wired article, and since then of a Long Tail blog and now a book) speak tonight at the New York Public Library. After a brief talk, he sat down with Lawrence Lessig and chatted, eventually answering some questions. My sketchy bullet-point-y notes, from my 770:

  • older crowd than I expected- very mixed. (Not everyone stayed the whole time, which was surprising; I would have thought that anyone who paid to get in in the first place would have found it interesting enough to stay.)

Anderson:

  • the hits-driven culture of the 20th century was a temporary anomaly; culture was previously fragmented by distance and manifested itself as folk art.
  • Then tech rises- particularly radio- physics and economics lead to the rise of one-to-many (i.e., one broadcaster using expensive gear and limited bandwidth to broadcast culture to many people). Radio first, then TV.
  • The big hit is on the decline. Nsync c. 2000 was last big hit album- last to break the one-day sales record. Not going to happen again, likely.
  • now distribution will be by taste, not geography
  • end of the blockbuster impacts not just music- Big 4 TV networks have cratered in viewership, even though total # of viewers across all networks same or even growing. music radio dying; newspapers too.
  • The ‘long tail’ is… well, I already knew, so I didn’t take notes on this. Read the wired article I linked above or the Wikipedia article. :)
  • Distribution costs led to a ‘savagely truncated’ end of the tail- we could only afford so much broadcasting/shelf space/whatever, so we didn’t even try to sell the stuff at the end of the tail. Along the way, we convinced ourselves that no one cared about the stuff at the end of the tail.
  • Some numbers on the truncation: about 1% of new albums make it into walmart (crazy.) 21% of netflix sales come from dvds not available at blockbuster; 40% of rhapsody sales come from albums not available at walmart; and this segment (the stuff not available off the shelf at physical retailers) is growing more quickly than other segments. Defines the long tail explicitly as ‘everything not available at the largest physical retailers.’
  • Five big takeaways:
    • we confused limited distribution with shared tastes- i.e., we thought that since no one could affordably get variety, no one wanted variety
    • everyone is outside the mainstream in some way- you might be totally mainstream in everything except your music, or your reading habits, or something.
    • one size no longer fits all
    • the best stuff isn’t necessarily at the top
    • Mass market is now a mass of niches

In the chat:

  • Chris Anderson (CA): hits will still hapen; but they have to compete broadly now. Hits can also bypass the hitmaking machine, and become a bottom up hit. (See: OK Go.)
  • word of mouth more powerful than it was- can create new hits (obviously), but less obviously also kills manuactured hits quickly- new data shows that films fall off much more quickly after their first weekend than they used to.
  • more content now- mentions lulu- not sure if there is a causal relationship between long tail and more content; but he thinks lots of publishing is non-economic, so long tail means even economic failures have readers and motivation. (Like this blog.)
  • Lessig (LL): question: read-only v. read-write (RW)- how does longtail relate?
  • CA: RW: wikipedia- long tail gives you an audience, therefore motivation. LL: qualitatively different? non-traditional economy? CA: motivation by non-cash- are attention/ reputation a parallel economy? Maybe. LL calls it second economy (see his blog post today). CA: hitdriven culture was purely economic; tool democratization and spread critical (‘you have all the tools of the record industry on your laptop’). Allows identification of new talent more efficiently.
  • LL: how do you have ‘hybrid economy’ company like Red Hat? Can you make youtube profitable w/out pissing off users by putting ads in there? CA: the audience is now a demanding mob, with ability to go elsewhere, so they have all the leverage. Old media had less competition, so they had leverage over the (presumably bored) audience.
  • LL: how does IP play into this? CA: rights clearance can kill small productions, even in Read only-mode. Obviously in read-write this is a mess. CA: rights are elephant in room of tail. Notes that old stuff is in tail too- if a long tail analysis demonstrates that old stuff has more value than we thought, maybe we should extend copyright? Counters LL, possibly? LL: answer I (Luis) did not quite grok. CA: We need a rights clearinghouse; and registration/expiration of old stuff. (Ideas CA says up front were stolen gratuitously from LL.)

Questions:

  • CA: New tastemakers are bottomup. Old tastemakers will have to compete with that. (Ed.: I prefer ‘editor’ or ‘tastefinder’ to tastemaker, but CA is an editor in a media empire (Wired) so he would use tastemaker :)
  • Q about network neutrality. CA: doesn’t think net neutrality is practically a problem. LL: networks want to be old-schol gatekeepers, just like the bottlenecks in radio/TV that were supposed to go away.
  • Q: political long tail? CA: There is political scarcity (only so many seats in Congress; winner-take all situation), which leads to consolidation- compare to lack of scarcity in new ‘net world. Tangentially, notes that capitalism, democracy and evolution are the most powerful forces on earth, and yet totally counterintuitive and no one understands them. CA and LL agree that clearly the long tail makes control of speech/opinion harder than it was, even if we’re still in a two party duopoly.
  • Q: Micropayments? CA: Micropayments are already sort of here via clicks/ads (i.e., payment for attention); tinks people/woyld hate to be nickel-dimed for actual cash. LL points out crowding out (doesn’t say it by name), notes that micropayments would make that worse. Gives example of paying wikipedia volunteers per edit- would totally change nature of their relationship to the project.
  • Q: Balkanization- that’s supposed to be a bad thing. CA: moving towards a tribal culture- deep connections w/ small groups replace shallow connections (i love lucy) w/ everyone. CA notes that he thinks that over time we’ll mature and our political blog reading will moderate- more bell curve, less extreme edges. Early balkanization is abberation.

A lot for my poor brain to ponder in one night, even if I’ve heard it all before. I’m putting my money on Lessig’s next book being titled ‘The Second Economy’; I’m guessing that he’s going to extend Benkler’s Peer Production thesis into something more human readable, and explicitly more pragmatic. We’ll see- should be interesting, no matter how you slice it.

Oh, and it was great to meet Michael Dolan. Yay for more real world meeting.


24
Sep 06

Some weekends are good weekends.

New York is an expensive, crowded, piss-smelling bitch goddess, but when she is good, she is good.

  • Friday: class canceled during the day; relaxed night at home. Yay.
  • Saturday afternoon: see very old friends for the first time in ages. When they came in to town, their first stop was the awesome bookstore on my street, because hey, you don’t get that in Miami. Yay.
  • Saturday night: live jazz. Food was sort of lame, and service was horrendous, but the music was good and the mood was nice.
  • Sunday morning: delicious brunch, meet new people.
  • Sunday afternoon: the Go Game, by way of the Come Out and Play Festival. Like a scavenger hunt, on completely insane technological steroids. I’ll never be able to do a regular scavenger hunt again.

If only there weren’t this pesky reading still to do. Contracts and Civ Pro done, but Torts still hanging over my head.


12
Sep 06

ACLU prez at the Law School

While we don’t quite get the personal touch that I often experienced at the Berkman, we still get a lot of great speakers and such passing through Columbia and the other New York area law schools. Today the president of the ACLU, Nadine Strossen, swung through for a brief lunch talk. I took sort of lousy notes, but a couple things jumped out at me. Note that there is liberal paraphrasing below, so please don’t take anything here as having come straight from her mouth.

  • She complimented the Federalist Society, an activist conservative constitutional group, for raising the profile of constitutional law issues, even though she disagrees with many of their positions. She argues that they should be an inspiration to anyone entering law school, and posits that they are an example of the system at work- that anyone can take a legal issue, make it their own, and if it has substance, make it relevant. I think a cynic could easily spin this as ‘the system is great! single-issue lobbyists can make an impact!’, but it was refreshing to hear someone who has been so often stifled still express great optimism that individual effort can make an impact.
  • She mentioned that we’re in a time of great interest for constitutional law scholars- Laurence Tribe, Harvard’s leading constitutional law scholar, actually stopped writing a treatise on constitutional law because he felt that the field had become so unsettled and so constantly changing that to write it now would be a waste of time.
  • They’ve nearly doubled staff and membership since 9/11/2001, which is bittersweet- obviously good that people care, but obviously bad that civil liberties are in such bad shape that they draw this much attention. Says that ideally the ACLU would fade away.
  • Finally, she went into great detail about how the ACLU is working with both sides of the political spectrum right now. She says that this has always been the case, but particularly at this time, given the dominance of the right in Congress, and the growing sympathy of libertarian-leaning Republicans to confront the Big Brother faction of their party, that they have worked often with both sides of the aisle. She had several good examples of this, including their defense of the reprehensible Fred Phelps of godhatesfags.com, and work with both parties on the Patriot Act. I unfortunately wasn’t able to get in a question before I had to leave, but what I really wanted to know what ‘If you’re so effectively bipartisan, why does one party still use ‘card carrying ACLU member’ as an epithet? Is it a failure of PR and of effective communication with one wing of the electorate? Or is the failure somewhere else?’ This seems like a critical problem for the ACLU’s effectiveness- if they weren’t so immediately and effectively demonized by so many people, often without factual basis, it seems like they might be likely to get a lot more done.

Anyway, interesting talk. I don’t always agree with their decisions of who to defend, but I’m glad they are there.


11
Sep 06

Not forgotten.

More pictures from my slice of 9/11/2006.

In the next five years, unlike the last five, I hope we use their memory to inspire us to actually make the US and the world safer for life, liberty, and the pursuit of happiness, instead of making us less safe, or settling old scores. I hope we decide do it in a way that actually respects the values we claim to be advancing, instead of making a mockery of them. That may yet mean war or other forms of conflict, as there are people who do not believe in democracy, basic human rights, or self-determination, and they don’t always listen to reason. But if it is to be war, it should be just war, chosen reluctantly and not out of fear or anger, and conducted competently and with honest ends- again, not like the last five years. And we should pair our force, if we need it, with honest attempts and deep commitment to persuade the populations who play host to evil by attempting to resolve the ignorance, corruption, and poverty that tempt otherwise good people to follow theocrats and demagogues. We should not just pay lipservice to their doubts and prey upon their fears, as we have. Doing those things would be the best and most permanent memorial we can build.


30
Aug 06

Miscymiscmisc.

  • I don’t know if it is a good or bad sign that the most satisfactory thing I’ve done in, dunno, ages, is finish reading a day early so that I can have a relaxing evening with a friend from out of town. Good sign: I actually accomplished something! Bad sign: to most of the world, reading 50 or so pages is not really counted as a major accomplishment.
  • Dinner was at Brick Lane Curryhouse. Yum yum yum.
  • I’ve participated in an irregular dinner club over the past year, and it was great, and I’ll miss it. While I generally hate structure in things like that, Ben Franklin’s regular secret dinner club, The Junto, sounds like it had an interesting structure, and it is hard to argue with the results.
  • Interesting and accessible article arguing that the best way to treat terrorists, legally speaking, is to agree that they are …. pirates. Yarrr!
  • Jono: totally agreed that Ubuntu’s process is generally quite transparent and an example for others. That said, the profit- what you note as ‘cheap labo[u]r’- is and must be important. Corporations get involved and stay involved because of profit. Corporations that are making money off free software are predictable and reliable (just like corporations that are locked down by licenses); corporations that are doing free software out of the goodness of their heart are not necessarily either predictable nor reliable.
  • Fedora is making very interesting noises about music. This is the kind of big thinking the free software desktop needs. (Relatedly, Jamendo sounds cool.)
  • I’m still not sure how I feel about Ted’s post about project naming, but it feels significant, and is worth the read.
  • Open source needs something like techcrunch.
  • Havoc: (1) make it possible to find permalinks in log.ometer.com :) (2) The stopbadware thing is… very complex. The dialogware situation is a real problem, and clearly people read dialogs only a little more than they read EULAs, but some of the other options are unpalatable as well. In particular, ‘As long as the app uninstalls completely and easily from the normal add/remove programs screen, if people think the app sucks they can always get rid of it’ just isn’t sufficient, primarily for two reasons: (1) precious few of the people most impacted by this actually know how to uninstall software, and (2) this presumes that uninstallation undoes all bad things the software has done, which often isn’t the case (for example, it doesn’t take your personal information off remote servers, and it would be impractical to require that.)

27
Aug 06

continuing to enjoy New York

It is hard not to enjoy New York. Even if some people swing through New York without saying hello :), there is still plenty to do.

Friday night Krissa and I had a private night, not even a laptop to be found. Since it was Bernstein’s birthday, and we now live on the Upper West Side, we picked up the obvious choice:

We like that the local video store has an editorial point of view. (Read the sticker.)

Saturday afternoon we went to MOMA and saw their awesome dada exhibition. Highlights for me included the famous Duchamp Mona Lisa, the many posters with their re-interpretation of word-as-image-as-nonsense, and Man Ray’s Object To Be Destroyed, which I liked mostly because someone then destroyed it. I left with mixed feelings- Dada is the obvious forerunner of some art I love (Jeff Noon, Negativland, and the Kleptones come immediately to mind) but obviously also the forerunner of lots of really, really terrible performance art. I guess you take with the good with the bad.

Afterwards we went to see Nu Guajiro play in Riverside Park, which as the name implies, is right on the Hudson. There was someone in a GUADEC shirt in the crowd, but they left before I had a chance to go over and say hi.

We followed it up with Cuban-Chinese which (oddly in this day and age) has basically not a drop of fusion in it- there is an (excellent) Cuban menu, and what looked like a pretty good Chinese menu, and a small Peruvian menu, and not much crossover. Still, delicious, and by New York standards, cheap.

I know that as classes get more and more serious I’ll have less time to do this sort of thing, but dammit, I’m doing as much as possible while I can :)


This work by Luis Villa is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States.