About this Author

Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
Copyfight
LawMeme
Listen to the weekly audio edition on IT Conversations: The Importance Of ... Law and IT.
Feel free to contact me about articles, websites and etc. you think I may find of interest. I'm also available for consulting work and speaking engagements. Email: ernest.miller 8T gmail.com
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Monthly Archives
November 09, 2004
Posted by Ernest Miller
I remain enamored of a concept I think of as the "server in the closet." I believe that, eventually, every home will have a fairly sophisticated server as the locus of the many networked device in the home. Everything from the VoIP phone system, presence-enabled media (IM), multimedia (podcasts, broadcatch), etc., etc., etc. There will be fat and thin clients in the home, all of which can be (but not required to) coordinate through home's central server. More importantly, this "server in the closet" will be part of bi-directional communication with the rest of the world wide network, turning every home not only into a receiver, but a transmitter.
Anyway, that is my dream and every once in awhile I note devices and other things that tend towards this future. Today's edition is about a terabyte server priced for the consumer.
If you can read Japanese, check out the press release: Buffalo Terastation [Japanese]. Otherwise, you might want to try Gizmodo (Buffalo TeraStation 1TB Network Storage).
$1,000 bucks and you get 1TB of storage, nicely configured with four drives, RAID and highspeed connectivity. That is some serious storage for the price. And how much info is in the Library of Congress? I seem to recall an estimate of 17 Terabytes. The day when the LOC is available on the desktop is not too far off.
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Posted by Ernest Miller
I am happy to announce the launching of a series of interviews I am conducting for Corante called the Future of Digital Media: The Future of Digital Media is a two-month series, sponsored by Orb, that explores how the empowerment of the consumer over his or her media experience, coupled with the technological innovation that's broadly democratizing media creation, is leading to a revolution in the way people access, consume, share and remake content.
Through interviews with leading commentators and cutting edge practioners, the Future of Digital Media examines the social, legal and economic impacts of this disruptive and revolutionary change. The first interview, with Jeff Jarvis, is here: The Future of Digital Media: Jeff Jarvis.
Need I say ... read the whole thing.
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November 08, 2004
Posted by Ernest Miller
Jay Rosen has summed up his thoughts on Bloggercon III over on Press Think (BloggerCon III: Notes and Observations on the People of Moore's Law). He makes a very good point (among many): In my view BloggerCon is not a tech conference--it's about democracy, and the blogger's "producerist" vision of it--but I am perfectly happy when others define the event differently. Blogging, re: self-expression, is about democracy. When we realize that we can be creators as well as "consumers" we are more free and responsible for that freedom. Read the whole thing.
In any case, I was lucky to have the opportunity to meet Jay Rosen face-to-face and talk about some of the issues we've discussed via blog postings and comments, as well as Jay Rosen's view of Bloggercon. Part of these discussions took place over dinner with Zack Rosen (the very interesting and bright nephew of Jay), Mary Hodder, Peter Hirshberg and Doc Searls, who wrote about the dinner here: Dinnercon.
While I agree that a RosenCon would be very cool, I do think that Jay Rosen should take on the mantle of putting together a producerist Bloggercon IV. And why not in the news media capital known as New York City?
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Posted by Ernest Miller
Ernie the Attorney notes that TiVo has adopted a new capability that they should have adopted long ago (TIVO now has permalinks): So now TIVO lets bloggers create links to so that people who use the web programming feature can quickly program their TIVOs. Here's the concept. Let's say I want to recommend that you watch Meet the Press tomorrow (which is what Rick Klau is doing). I can post a reference to the show and the time, but now I can also create a hyperlink that allows TIVO owners to click on the link and immediately be brought to a screen where they can program their TIVO (via the Internet) to record that show. Apparently, TIVO adopted this idea at the urging of blogger George Hotelling. [links in original] When will there be playlist capability? How about a one-click network schedule (for the Ernie Miller channel)?
Of course now that TiVo has provided the capability, will the networks be smart enough to promote it? Perhaps the networks realize that if you start encouraging people to share their viewing habits and recommend things to friends, pretty soon they will want to actually share video with their friends and we can't have that now, can we?
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November 07, 2004
Posted by Ernest Miller
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November 06, 2004
Posted by Ernest Miller
Another report from Bloggercon. I'm in the "journalism" panel moderated by Scott Rosenberg. Once again, the discussion devolves into a debate about whether or what sort of journalists bloggers are. This discussion frustrates and saddens me. I would think that, by now, we would have realized the journalism is a particular set of practices. Publishing is another set of practices. The two are obviously related, but they are orthogonal.
Journalism should be judges on its practice, not on where it was published. We've too often thought the press and the means of publication are tied together. They're not.
Would we talk about people who run printing presses as to whether or not they are journalists? Of course not. That doesn't make any sense. Same thing with blogs. Someone with a printing press is a newspaper because they practice journalism, not because they own a press.
So, let's talk about the practice of journalism and not worry about the publishing medium (remembering that each media has particular conventions).
On a related note, Jay Rosen, points out that blogs denaturalizes journalism and forces us to reassess our assumptions about what journalism is and how it is done. Absolutely! Let's have that discussion.
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Posted by Ernest Miller
Okay, so I'm in the Podcasting session at Bloggercon and a fellow named Kieran made a very cool suggestion as a possible market for podcasts: videogames.
Grand Theft Auto: San Andreas, like previous games in the series, includes the most realistic radio simulations of any game. There is even a roundtable discussion of violence on a faux-talk show. So why not download podcasts that you can select in GTA's radio?
Sounds cool to me. What other games could benefit from podcasts?
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Posted by Ernest Miller
As excited as I am about podcasting (and broadcatching) (and, heck, I podcast myself and will be doing even more in the near future), I think it is important to note one of the significant limitations of the medium.
I can read dozens, if not more, blogs every morning (thank you, aggregator!). Depending on their length, I can only listen to a handful of audio shows everyday. This means that my attention is much more scarce with regard to podcasts than blogging. This, I believe, is going to have important effects with regard to the audience and producers of podcasting.
This attention scarcity is particularly true for the talk shows (such as IT Conversations), as opposed to music shows. The reason is that talk shows really demand attention. It is very difficult to read or perform work while listening to a talk show, whereas music goes really well in the background.
What are some of the likely effects of this? Here are some of my initial speculations, there are probably more differences and I will most likely be quite wrong on some of them: - Powerlaw: For those who are concerned about such things, less attention will probably mean that the distribution of attention for the most popular shows will be quite steep. Of course, if you think about simply talking to the right audience, as opposed to the biggest audience, that makes a difference.
- Information Richness: Not to harsh on cat bloggers and many others who add voice to their blog with personal anecdotes and what not (including yours truly), but because I don't have as much attention to spend on audio, I don't want too many digressions. Of course, if I want digressions, I will choose fewer people that I want them from. Perhaps, of course, there is a technical fix that will make it easier for me to skip or fast forward through parts of shows I don't want. Nevertheless, I think we will see the most popular podcasts be relatively information rich, with a few exceptions for those with compelling, charismatic personalities.
- Formatting. Blogs have posts. Generally short, with the occasional longer post. Currently, podcasting is linear - relatively long format shows that are not easily broken up. There are technical issues, of course, but I think that we will see a shift in the way podcasting occurs. Rather than stream-of-consciousness, we will see people be a little more structured in their podcasting. Social conventions for podcast "posts" will be developed.
Don't get me wrong. Podcast/broadcatch are much more democratic multimedia creation/distribution than anything that has come before. However, I do think that they ultimately will look somewhat different than current blogging paradigms.
Comments, thoughts, etc. Greatly appreciated.
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November 05, 2004
Posted by Ernest Miller
Prof. Susan Crawford warns that the state attorneys general are considering supporting the MPAA's and RIAA's petition for certiorari in the Grokster decision, which held that P2P filesharing software providers were not liable for the copyright infringements of their users (Call Your State Attorney General). Certiorari is basically asking the Supreme Court to hear the case. If the supremes don't grant certiorari, the decision stands.
You have until 5pm TODAY, to let your Attorney General know that you oppose them supporting Hollywood's attempts to overturn the Sony/Betamax decision: What's happened is that AGs are politely circulating a brief supporting a grant of cert. -- probably very few of them know what the larger issues are, and probably most of them believe that Grokster is a bad guy who should be punished.
All you have to say is: "This is not an issue you should get involved in. What's really going on here is that the studio plaintiffs are trying to overturn Sony. Overturning Sony would have serious and damaging implications for the high-technology industry in our country -- an industry that contributes enormously to our national economy. Don't sign on." Handy list of phone numbers here: Full Contact List for the Attorneys General
Call your AG ... call now.
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November 04, 2004
Posted by Ernest Miller
The hot copyright news today is that the MPAA has finally deigned to get into the trenches with the RIAA and sue individual infringers, according to an AP wirestory published in Silicon Valley (Movie industry to sue file sharers).
If I were the RIAA I would be asking, "what took you so long?"
But, I'm not the RIAA, so I ask, "where's the carrot?" I'm a big proponent of the carrot and stick approach to combatting filesharing. I recognize that no matter what the filesharing plan, there is going to have to be a stick if there is going to be copyright. However, sticks alone are seldom effective, and certainly not in this case.
For the longest time, Hollywood has believed that they can get away with a stick alone, if they were permitted to use it to beat up on third parties, such as the developers of filesharing technology. With the Grokster decision and failure (for now) of the INDUCE Act, that strategy clearly isn't going to work.
The other stick alternative, obviously, is to sue the infringers themselves. However, there are too many of them and the PR backlash is terrible. Which brings us to the carrot. Make legal filesharing more attractive and illicit filesharing becomes much less attractive. Indeed, I can imagine a tipping point in which so many people abandon the illicit networks for the licit that the stick becomes much more effective. But hey, that's just me.
Of course, the much smarter members of the MPAA don't believe in carrots. And, to the extent that they support carrots, they are the weak, anemic, pseudo-carrots of things like iTunes, according to the LA Times (annoying reg. req.) (MPAA Plans Suits to Stop Film Piracy): Suing individuals may prevent some from downloading, but "Fight Club" producer Ross Grayson Bell said the bigger effort should be in providing legal ways to buy movies on the Internet. The right model, he said, is Apple Computer Inc.'s iTunes Music Store, which enables users to download songs quickly and at a reasonable price. The iTunes model would have been a good start several years ago, but it too little, too late in 2004.
How late? Pretty darn late, but the executives at the companies behind the MPAA don't care, apparently: Gordon Paddison, an executive vice president at Time Warner Inc.'s New Line Cinema, counters that suing users of file-sharing networks is one way to build awareness among the company's main base of customers, 18-to-26-year-olds, who have grown up thinking that free downloading is acceptable.
"How do you get the genie back in the bottle?" he asked. "Unfortunately, it will take a considerable amount of pain." [emphasis added] Paddison, the pain you feel may be your own.
For other commentary: - Defamer: MPAA Ready To Sue Pirates
Glickman took a reflective pause before explaining, "See, the way it works is we dangle the carrot, then when a file-sharer reaches for the it, we wiggle the stick so they know what we're packing, We ask them, 'Are you sure you want to do that? Didn't you see the stick?' And if they insist on going for the carrot, we beat them to death with the stick, you know, just until we can see a little brain through the skull. That's why you need the stick and the carrot both. It's really hard to kill someone with a carrot." Slashdot: Movie Industry to sue File SharersCopyfutures: The MPAA Will Follow SuitThough the comment we can probably all agree on, is that of GuyMannDude who noted that most people don't have much to worry about until the Porn Industry Movie Producers (PIMP) starts coming after people.
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Posted by Ernest Miller
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Posted by Ernest Miller
Jay Rosen continues his excellent ongoing series of postings analyzing the challenges and opportunities for news media in light of recent events over on Press Think (Are We Headed for an Opposition Press?). However, I disagree with some of the dichotomies with which Rosen sketches the possible future: Whatever happens with the news networks, which is only part of the picture, what's more plausible to you: the "cultural divides that have increasingly defined American politics" will increasingly come to define mainstream American media, or... Big Media will successfully hold itself back from politics, and the major news sources will remain in the "nonaligned" movement? In politics we have opposition parties. Those in each party express one position when it is their party in charge, and castigate the same position when it is championed by the other party in charge. How expected. And how sad. Is this the future we want the press to adopt?
Why not a press that is the permanent party of skepticism and contingent thinking? How about a press, not without bias, certainly, but with a commitment to exposing the facts and a humble recognition of the possibility for error? Why not a press firmly on the side of transparency? Such a position is hardly apolitical. In fact, it is radically engaged with and opposed to "politics" as well as the "view from nowhere." This expansion of the political into "news" and commentary coincides with greater transparency for the big news combines, which are more successfully scrutinized than they have ever been. Various layers of protection once kept journalists from the knowledge the public had of their mistakes. That layer seems gone now. Layers of protection? Only if you consider the Maginot Line a success. Lack of transparency was a false protection. Embracing transparency is the only defense. In Bushworld, all is different. There is no fourth estate; an invalid theory, says Bush. The press is not a watchdog for the public, but another interest group that wants something. (Or it's an arm of our opponents's operation.) But the press is weak, and almost passe, in the Administrations view. There is no need to deal with it most of the time. It can be denied access with impunity. It can be attacked for bias relentlessly, which charges up Bush supporters. It can be fed gruel in plush surroundings and will come back the next day. The Bush crowd has completely changed the game on journalists, knowing that journalists are unlikely to respond with action nearly as bold. Well, yeah. Big Media is an interest group and frequently acts like one. One can hardly blame Bush for taking advantage of the obviousness weaknesses of the press. It was bound to happen. Washington journalism likes to imagine itself the Administration's great adversary, but most of the time it relies on access journalism-- not the adversarial kind. "Sources make news" is the first tenet in that system, and that gives sources power. But access journalism makes less and less sense when there is no access, and sources rarely deviate from the party line. The White House press corps has always been based on access, so much so that the alternatives to it have almost been forgotten. I think there will be pressure to abandon the whole dream of press access under Bush, and re-position some forces accordingly. Exactly. And I hope there is such pressure, though I don't hold out much hope. Non-access-based journalism is a lot more work, and you don't get invited to nearly as many cocktail parties. I expect some news organizations to begin dealing with these pressures by essentially giving in on several counts-- for example, that newsrooms are populated by liberals and conservative voices are too few. Or some sort of concession like that. Coming to terms with "liberal bias" could be seen as a way of recognizing the reality of the election and responding to continued anger at the press. The most likely place for those efforts to begin is with the supposed finding that "moral values" (read religion) were the top concern of voters, and yet this is not a strength of the liberal, secular press, therefore we need to change-- something like that. After the Republican sweep, I expect some major initiatives on the bias front. Sigh. Of course, if this is the "solution" then the media has asked the wrong question. It isn't about the "bias." It is about the transparency. It is about the conversation with readers. It is about the links to other sources. Keep your eye on Sinclair Broadcasting, in my view a new kind of media company-- a political empire with television stations. It was built to prosper in the conditions I have described. It already has a self-conscious political identity. It is already steeped in culture war. And it admires and imitates the Bush method of changing the world, but keeping the same language for the new situation. I've said it before, I'll say it again. Sinclair is the result of our current broadcast regulatory scheme that turns broadcasters into gatekeepers. Change the regulation to reduce gatekeeping and you solve the Sinclair problem. Unfortunately, too many entrenched interests, including politicians and, more importantly, other broadcasters, like gatekeepers. Yeah, I'd like to see the solutions that Big Media proposes to the gatekeeper problem. That'll happen. Sure.
The press must change, and it won't be easy. Opening up formerly closed processes hardly ever is. Mistakes will be made, complaints will be ubiquitous. The challenges are clear, the opportunities many. Personally, I'm mildly optimistic.
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November 03, 2004
Posted by Ernest Miller
Gizmodo snarkily coins the term "toychinima" to descripe home movies made with lip-synching toys (Talking G.I. Joe with Lip Sync): Soon we'll have dozens of dolls that can play back pre-scripted recordings and facial movements and kids will use them to make home movies, which the internet awesome-watchers will herald as a "revolution in proletarian filmmaking" and give it a name like 'toychinima.' Well, why not? Just imagine a remake of Superstar: The Karen Carpenter Story.
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