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 @
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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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July 04, 2005
Posted by Ernest Miller
The New York Times has a good summary of the many changes that are ongoing and coming up at the News & Record daily newspaper (Why Newspapers Are Betting on Audience Participation). In this world, "Get me rewrite" will in effect be a menu option, a way for unhappy readers to go online and offer their own versions of articles they do not like. Their hope is to convert the paper, through its Web site, www.news-record.com, into a virtual town square, where citizens have a say in the news and where every reader is a reporter.
This feature, part of a planned overhaul of The News & Record's Web site that is to begin next week, is a potent symbol of a transformation taking place across the country, where top-down, voice-of-God journalism is being challenged by what is called participatory journalism, or civic or citizen journalism. It is interesting that the NY Times doesn't mention its baby steps in covering blogs, but I especially like this story of sources "scooping" the News & Record. Yet there is fierce competition with bloggers. Several local politicians blog, including Sandy Carmany, a member of the City Council, who blogs in near-real time, and who scooped The News & Record recently on the city budget. Last week, when a News & Record reporter called Tom Phillips, another councilman, for comment on the paper's exclusive information that Wal-Mart was coming to town, Mr. Phillips turned around and broke the news on his own blog. I hardly think a council member informing their constituents what is happening on the city council should be considered a "scoop." In any case, is the budget that is the news, or is analysis of what it means the news? What's the real "scoop"? And, should a politician wait to inform citizens of news that will affect them until a newspaper has had a chance to publish a story on it?
Read the whole thing and then check out Citizen Paine's take: NYT's take on Greensboro News-Record.
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Posted by Ernest Miller
Stephen Baker wonders about how important blogs are (How to Appeal to Non-Bloggers? Think Virus Wikis). I haven't been blogging. I've spent the best part of a week in Oregon, wandering from the misty coast to the high desert to the vineyards along the Columbia Gorge, and I have yet to meet anyone connected with the blog world in any way (at least as far as they told me.) To be fair, there were probably some bloggers or at least blog readers at those cafes in Portland and Bend. I didn't go around tapping on their tatooed shoulders. Ok. And how many of those people with tatooed shoulders in those cafes read Business Week? Depending on the context, what medium doesn't seem disconnected? Isn't one of the major debates about broadcast television is that despite its wide reach it is pretty darn disconnected from the real world? Stephen continues: My point is that blogging seems enormous and nearly omnipresent when you're doing it, but can seem marginal when you step away. Will blogging inevitably spread to rest of the world? I don't think so. Lots of people look at the computer as an information tool--a search engine and e-mail machine--but prefer to have most of their human interactions elsewhere. But how long did it take email to really take off and become ubiquitous? I remember being exposed to email in the mid-1980s. It was very cool, sending a near instantaneous message across the country, getting two computers to talk to each other (which was a big deal at the time), but there weren't really very many people to email. Email was marginal. Very. Like email, blogs aren't a substitute for human interaction, they're a potential enhancement and it takes some time for them to propagate and be integrated into society.
It is still amazing to me how many people don't use TiVo. I can hardly stand to watch television without it. I grew up without the internet, yet it is difficult to imagine getting news without it. Currently, if I don't have access to my RSS subscription list, I feel disconnected. The internet, which just a few years ago was liberating for me, now feels limited and frustrating without RSS. Getting the news without RSS? Well, if you want to be all primitive about it, I guess you can try to make that work, but what a pain.
Do we need better tools? Absolutely. Do few people use blogs? Yes, but does that mean blogging is marginal? Only in the sense that all new technologies are marginal when they are first introduced. Ask whether blogs are marginal in ten years.
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July 02, 2005
Posted by Ernest Miller
There has been a bit of a hubbub over codes and labeling of bloggers. The Media Blogger's Association is "is a non-partisan organization dedicated to promoting MBA members and their blogs, educating bloggers, and promoting the explosion of citizen's media." They are considering whether to adopt a code of ethics/standards for their members.
Jeff Jarvis has been opposing this move. Dana Blankenhorn on Moore's Lore has taken him to task for his opposition (Media Anarchy). Part of his reasoning is that there is a need for an enforceable code: The problem with the SPJ [Society of Professional Journalists] code is that its unenforceable. Journalists have no say in deciding who a journalist is. Employers have all the say, and they dont have to subscribe to this ethic in their hiring, firing or promotion policies.
I figure a group like the MBA could at least enforce simple rules by creating valuable member benefits and kicking out those who refuse to conform, following some objective process. Jeff has responded here: As Groucho Used to Say .... I side with Jeff on this one.
Why have a code at all? Why not simply a set of best practices? A practical guide to transparency, accuracy, fairness, open access?
Can journalism really be codified? Do we want it to be codified? To me, journalism is like democracy, there isn't one single way to practice it correctly. It isn't a monolithic institution; it is a cacophony of voices. We define journalism through a working consensus, not a hard and fast set of rules. There will never be perfect agreement on what the means of journalism entail beyond some general guidelines.
We all know enough that we should be honest, but what the blogosphere needs if anything, is some practical guides as to what that might entail in various circumstances. Of course, even here there won't be agreement on some of this, but that doesn't mean that those who disagree are somehow dishonest.
If you think that someone has gone beyond the bounds, then make that case. Is there any particular reason that such decisions need be rule-bound? Do we really need an organization to declare when someone has been dishonest? This isn't a call for anarchy, but simply a recognition that free speech doesn't need a certification process for it to work.
The other labeling move is the introduction of Honor Tags, which claim to "help readers find content they can trust, and help journalists, bloggers, podcasters and other creators build that trust within their communities. As a creator, you can tag the postings on your own blog or other site to indicate your intentions." What's Next Blog has a lot more information (Bayosphere to Institute Voluntary Honor Tags for Bloggers & Other Writers). I don't really get it. The tag system will include:
A. Journalist-- "I'm fair, thorough, accurate, open, and in general operate with integrity."
J-News tag: "I write and explain the facts as truthfully and fairly as I can report them. I work for the community interest."
J-POV tag (for reviews and commentary) "I make the case for action based on the most thorough reporting of facts possible. I work for the public interest." We need tags to tell us this?
Tags are a very cool technology, but not everything is suited to tagging. This is one of them. Of course I'm going to self-lable myself honest. What, I'm going to tell you I'm a liar? Even aggregated do these tags give us any particularly useful information? via Citizen Paine
Now, this idea has probably already been raised, but what I would like is to be able to tag my links to other blogs and sources. That might provide some useful information, even if the majority of tags are very simple such as "agree", "disagree", "informative", "humorous". The tagging would be unlimited, of course. It would be interesting to see the results of how people who linked to a page labeled it. After all we often show our support for a page by linking to it, but also we disagree, and it is unfortunate that pages with high levels of links due to disagreement benefit disproportionately from this.
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June 30, 2005
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New England Cable Requests Viewers' Videos for Broadcast and Posting on the 'Net
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June 25, 2005
Posted by Ernest Miller
Seth Finkelstein has responded to my response to his post, Meta-Meta-Grokster. My response here: Meta-Meta-Meta-Grokster. Seth's response is an interesting one, well worth responding to in full, so I will reply in full: This commentary misunderstands my main point, which is a mathematical observation on the nature of punditry, and implications thereof. I wrote "there can't be more than about a dozen things to say about the result. The top three being:". The big, mass-appeal, newspapers and TV will take the simplest view. Small specialized publications - which include blogs will go into more detailed analysis. But, for any nontrivial given scale, the total number of "worthwhile" analyses is quite small, and much less than the number of people who will write them. Hence, there is a huge imbalance - which is then resolved in a exponential distribution, with a few specialists taking the secondary slots after the bigger media takes the primary slots. And you have to be positioned to get in "[w]ithin 24 hours" to even try. Frankly, this looks very much like being an (unpaid) trade-publication reporter than anything else. We're talking about the implications for punditry of the power law distribution curve.
The facts are pretty straightforward. There are more people saying things then there are worthwhile things to say. So, what are the implications of this?
Well, there is the head of the power law curve. That's where we will see one of the "top three" storylines Seth has pronounced. Dozens of newspapers will regurgitate some semblance of these stories. So it is, so it has been, so it will be.
Then there is the long tail. That is where the other dozen or so major facts will be. Of course, I'm not sure it is a simple dozen. It could be many, many more. In fact, the farther down the long tail you go, the more details of importance will be there. Trade publications will bring in more detail, but people who really care are going to demand even more detail. Certain sectors of society will consider different details important (there isn't one long tail, there are many). How many details are important is in the eye of the beholder.
Also, there is a qualitative difference in the long tail, not simply a quantative one. Yes, in the past, there were small specialized publications. The legal newspapers went into more detail than big-time newspapers, but they never went anywhere near the level of detail that blogs will on Monday morning and afternoon. But that was a function of where they were on the power law distribution curve. There simply isn't enough interest in something like Grokster to justify the equivalent of many pages of newsprint discussing it. In the long tail, however, there is plenty of demand for a degree of detail that is unprecedented.
Honestly, how many people really care what William Patry has to say about Grokster? No disrespect intended, but not a whole heck of a lot compared to the readership of major newspapers and broadcast news; he would be well within the long tail. At best he would get a couple of short quotes into any mainstream publication (unless he wrote an op-ed). But with blogs, Patry has a forum to speak to the people who want to hear him, even if there aren't enough to justify handing him a dozen column inches in the paper. I'm one of those relative few, so I'm pretty happy to have the opportunity.
This isn't "being an (unpaid) trade-publication reporter." You'd never get the sort of dialog I expect on Monday from any trade publication, and certainly not from a reporter. If Patry gets a big audience among those who care deeply about copyright law, it is because he is a true specialist, who really knows his stuff. He's as close as you'll get to a primary source (since I don't expect the Supreme Court Justices to start blogging anytime soon). I think it is quite facile to compare true experts with "(unpaid) trade publication reporters." This is a qualitative diffence that simply isn't captured by difference in scale.
Furthermore, even if there is an arbitrary number of details that are "worthwhile," there is no way before these details are written to predetermine who is going to issue them. Yes, chances are the specialists will be the ones to ferret out most of them, but you can't predetermine that they will get all of them. The implication of this is that you do want to encourage an oversupply of analysts, to ensure you get all the details right.
Of course, this also ignores the process of determining these details. What is going to happen on Monday is that there is going to be dialog and discussion. It's not going to be a bunch of specialists in isolated cells writing about what they think is important. There is going to be a lot of back and forth. Statements will be put forth, challenged, refined, and expanded. That sort of thing doesn't happen too much in the old media world. Despite these specialists' expertise, there remain gaps in their knowledge. Some writers (specialists and non-specialists) may only provide slight additions, but they will contribute nonetheless, and even specialists will be better off for it. Process is important. Open dialog is far superior in generating knowledge.
As for the time element, is there something wrong with wanting to be quick? A lot of the people are going to be discussing the case in depth because they really care about it. It is a pleasure and an opportunity to do so in the space of 24 hours, as opposed to waiting the days, weeks and months of a different form of publication. There will be plenty of mediums and opportunity to continue to discuss Grokster in the days, weeks and months to follow, it'll just be a different opportunity than the one offered in the first 24 hours. After all, most of the details will be determined in 24 hours, but not all. I think I used the figure of 80% ... I stand by that. There will certianly be plenty of opportunity to apply Grokster to various fact patterns that are certain to arise later.
Finally, what is wrong with redundancy? EFF may make some of the same points as PFF, but that's a good thing. If EFF and PFF agree on something, one can probably put it in the bank. Certainly, the MPAA and RIAA are likely to see the details differently than Public Knowledge, and both will probably be different than CDT's take. Same details, different perspectives, redundancy is good. The point is hardly that specialist publications go into more detail than nonspecialist publications. But here, talk of "the blogosphere" is not useful analysis. There's levels of pundits. In fact, my view is that from a certain height of observation, this is the old regime structually (and remember, quite a few A-list bloggers are traditional media people, and the prominent specialists often have many bigger-media connections). Like that Seth Finkelstein fellow who is frequently cited with regard to filtering issues? When you're talking about the long tail, you're no longer talking about an "A-list" for the most part, you're talking about experts. They're not read simply because they're "A-list", they're read because they really know what they are talking about. That's a good thing. I highly value Miller's legal analysis. However, the structure of the distribution isn't changed - in fact, that's exactly the point. There's more overall excellent people that there are pundit-slots, and small differences (not necessarily of quality) lead to exponential curves. Hence my use of this case as a worked example. [emphasis in original] I disagree. It's not about the number of hits you get, it's about the knowledge produced. My contribution may be small, my readership not even a blip compared to Instapundit, but I believe my contribution worthwhile. And, for the reasons I've shown above, I encourage others who think they can move the knowledge ball down the field, if only a little, to give it a try. For all this talk of power law distributions and A-lists, the creation of knowledge is not pre-determined. Newton may have stood on the shoulders of giants, but he also stood on the shoulders of guys who weren't so giant, who filled in the gaps, who made a small contribution. They may be forgotten now, but they contributed. If I can contribute, I'll be happy.
UPDATE 2235PT
Posts crossing in the ether. Seth Finkelstein, responds some more to my earlier post here: "Existence" vs "Constructive" Blog Punditry Standards. The only thing I'll say here is that, although Seth's audience may be small, it is the audience that really cares about the issues he addresses. The quantity may be small, but the quality is high.
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Posted by Ernest Miller
Lostremote is reporting from Gnomedex about the future of media and Terry Heaton talks about what WKRN in Nashville is doing (The WKRN-TV 'Breakthrough'). Read the whole thing, but this really caught my attention: On July 17th, WKRN's chief photographer will host a video workshop for bloggers -- which will become a monthly event. Twenty bloggers or so are signed up to learn tricks of the trade so they can become better photographers. By the end of the summer, Heaton says WKRN will offer portions of raw news video online that fall under Creative Commons (this is a first for a local TV station). The crowd applauded. "[We're] involving the citizenry of Nashville in producing our news," he said. Now that is really something. Teaching and sharing. That is the future of news.
Related news also from lostremote, WKRN-TV to Switch to VJs. The Nashville ABC affiliate is expected to announce on Monday that the station is switching to the video journalist (VJ) model of news -- reporters who shoot and edit their own video. UPDATE 2215 PT
Viewfinder Blues, an actual VJ, discusses how this change is being taken by various of his colleagues, and what it might portend for TV news (The Age of Convergence (Part 2)). Imagine a TV newsroom where even the top anchor schleps gear, thus tarnishing the artifice of suave superiority inherent in the dapper newsreader model. While thats not likely to happen, one aspect of the changing times does excite me: the gradual transformation of local correspondents from overdressed poseurs to blue-collar news gatherers. Blasphemy you say? Perhaps, but a newscast focused more on stories than storytellers is one even I might watch. Might.
But I digress. What will most probably transpire is an amalgamation of the fears and concerns wafting over the internet right now. Depth and aesthetics WILL suffer, at least until practitioners of these new methods get the formula right. Even then, TV news wont be the same. Higher story counts will be delivered with far cruder execution. Smaller, lighter lenses will open up new frontiers, but it will be a bumpy, often out-of-focus ride. Reporters will still go live(!) for no apparent reason, but they may be a little more out of breath from shooting and editing their own stuff. Legions of reporters and photogs opposed to cross-training will leave the fold, making room for a new generation of loners with lenses who will merrily take their place. Not so long from now, this group of 21st century newsies will sit around their magic laptops, wi-fi wristbands and sat-dish jetpacks, and wonder what all the fuss was about. Read the whole thing.
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Open(x2) Letter to the Editors of the LA Times on Wikitorials
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June 24, 2005
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A Vision of PR's Future
Brother Michael O'Connor Clarke, on Flackster, has a vision of the future of PR (Minor Epiphany?). Much gnashing of teeth and tearing of hair in the PR world over how the practice of public relations must evolve to tune into the rise of citizen's media. Perhaps the answer is much bloody simpler than we all thought: The necessary evolution of PR is blogging. That's all. No more news releases, no more pitches, no more one-to-many media relations.
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Give Michael Kinsley YOUR Answers
Radio Open Source will be interviewing LA Times Editorial and Opinion Editor Michael Kinsley this coming Wednesday, June 29 (Wikitorials). Among the topics, natch, will be wikitorials and Radio Open Source is soliciting your answers (what is this, Jeopardy! or something?): Wed like to give Michael Kinsley YOUR anwers to these questions:- What 3 suggestions do you have for making wikitorials work?
- What 3 other online tools/techniques would you use to improve the editorial and op-ed pages of your newspaper?
So, just go to the post and submit your answers. For more on wikitorials, including my prediction that was amazingly prescient, see Wikitorials: A Dubious Idea from the LA Times and Wikitorial Post Mortem.
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Posted by Ernest Miller
Seth Finkelstein takes an interesting and pre-emptive shot at post-Grokster commentary, claiming that there will only be one of three main story lines (Meta-Meta-Grokster). For the traditional media, sure. But this is wrong: So, as a matter of mathematics, the number of people trying to say something about this, vastly outnumbers the basic number of things to say. The insight of power-laws is that the distribution won't be uniform. Sure, anyone can write about it - but there isn't much of a reason to read what anyone writes. Blog-evangelists consistently neglect this factor. Not to mention the relative privilege necessary to be able to take the time to spend pouring over a document and writing analysis. [italics in original] Most of the news stories are going to be much simplified versions of the general outline of the decision, and once you've read the AP or NY Times account, there isn't going to be much reason to read the LA Times and all the rest. Indeed, there will be surfeit of "me too" posts in the blogosphere as well (which isn't necessarily a bad thing).
Yet the blogosphere is going to be doing something else as well. On several sites, including the Picker MobBlog and a branch off of SCOTUS Blog, you're going to have more than two dozen of the finest legal minds in the country dissect and discuss the decision in real time. Within 24 hours, many of the main legal themes, disagreements, and remaining questions will have been thoroughly analyzed. There will still be room for the academic papers, but 80% of the work will have already been done. Of course, this will only be of interest to those who follow the legal arguments closely, but for those this is a cornucopia of serious goodness. Far from being no reason to read the commentary there are now dozens.
Yeah, there are going to be hundreds if not thousands of mediocre news stories and blog postings on Grokster ... but there is also going to be a level of serious legal commentary never before seen.
And. yes, its a relative privilege to be able to spend time to analyze and write about the decision. Heck, given the poverty of vast majorities of the planet, it is a privilege to be able to read about the decision at all. And it is also a relative privilege to have the education necessary to understand the case on a deep level. But that's the point, isn't it? That is what is going to make the hours-after-release commentary on Grokster far richer than ever before.
Finkelstein himself is privileged when analyzing and writing about censorware. My commentaries on censorware can't touch Finkelstein's. That's a good thing. That's a reason for more people to write about what they know, in otherwords, to blog. The hard part is finding who to read when. The filters are imperfect, but the quality of material available has improved dramatically. Will someone's brilliant Grokster insite be lost in the shuffle? Quite possibly. On the other hand, under the old regime of information dissemination, there would have been zero chance.
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June 23, 2005
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Never Trust Anyone Who Says 'Trust Me'
As part of his Bayosphere project, Dan Gillmor has put forth a "Citizen Journalism Pledge" (Let's Discuss the Citizen Journalism Pledge). It contains a number of unobjectionable bromides (fairness, thoroughness, accuracy, openness) and avoids some awful ones (such as objectivity). But I'm with Jeff Jarvis on this one, I don't really see the need (I Pledge Not To Pledge). A pledge assumes ill will and mistrust, requiring that we promise we won't do something bad. If we're decent and you trust us, we shouldn't have to do that. Read the whole thing.
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June 22, 2005
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A Handful of Wikitorial Posts
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A Loss of Order
Terry Heaton has another great essay on his Donata Communications website about the future of news journalism (TV News in a Postmodern World). There is one group who could slow this down, of course. They are the keepers of the status quo the lawyers of the land. And given that institutional lawmakers are mostly lawyers too, well you get the idea. In the end, one has to believe that the people will win, even if it means voting every lawyer out of office. Revolution is like that. [emphasis in original] Read the whole thing.
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June 21, 2005
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Beware the Blogarazzi
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Posted by Ernest Miller
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SF Gate Starts 'Culture Blog'
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June 20, 2005
Posted by Ernest Miller
The LA Times's 'wikitorial' experiment lasted but a few short hours. It was launched Friday morning (LA Times Wikitorial Experiment Begins). Was quite active for about two days (LA Times Wikitorials - One Day Later). And then was shut down abruptly on Sunday morning (LA Times Wikitorial Has Left the Building (For Now)).
Editor and Publisher runs an AP wirestory on the debacle ('L.A Times' Explains End of its 'Wiki'). ZDNET News cites a couple of letters to the editor (L.A. Times Sshuts Reader-Editorial). The NY Times weighs in (Postings of Obscene Photos End Free-Form Editorial Experiment). And, finally, the LA Times itself ('Wikitorial' Pulled After Vandalism).
All of these articles talk about why the 'wikitorial' was shut down: a profusion of pornographic images. In particular. goatse.cx.
But none of these articles bother to address whether the experiment was working up to the point of the vandalism. Sure the wikitorial was forked into a pro and con side, but were either of them any good? The LA Times introduced its wikitorial with an editorial (A Wiki for Your Thoughts). Do you see fatuous reasoning, a selective reading of the facts, a lack of poetry? Well, what are you going to do about it? You could send us an e-mail (or even write us a letter, if you can find a stamp). But today you have a new option: Rewrite the editorial yourself, using a Web page known as a "wiki," at latimes.com/wiki. Here are a few questions: were any of the revisions less fatuous? Was there less selective reading of facts or more? Were the revisions sufficiently poetic? (I don't think that changing the title from War and Consequences to Dreams About War and Consequences is particularly poetic, but it certainly is fatuous.)
Reporting that the wiki has been shut down is the easy part. Letting people know whether the experiment was otherwise successful is the hard part, and no one in the traditional press seems eager to confront it.
UPDATE 0600PT
Welcome Insta-readers!
Jeff Jarvis provides a much better post mortem than the traditional press has: Wiki Cooties and the Death of Editorials. Well now the LA Times has given wikis cooties. The New York Times and other media outlets have covered the collapse of its wikitorial project and I've heard more than one old-media person say, well, I see LA tried wikis and it's dangerous. It is bad enough that many in the traditional media don't understand how wikis can succeed - they can be exceedingly useful and productive. It'll be worse if they don't understand how wikis can fail.
UPDATE 2 1020PT
The Observer Blog from the Guardian has a good summation (Wikitorials. Must Have Seemed Like a Good Idea at the Time): The LA Times probably thought it was inviting the internet to join it on the anti-establishment barricades. In fact it was throwing open the doors to the Winter Palace. That the mob went on the rampage is not all that surprising.
UPDATE 3 1610PT
A commentor claims to be behind the vandalism: Son of Goatse.
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Video or Text?
As citizens' media continues to grow and spark changes in old media, creating a new ecosystem of information, some are still dismissive (Forbes | Citizens Media Entrepreneurs ). It all sounds great--but I predict most citizens media sites will fizzle unless they take America's pathetic literacy rate into account. According to the National Institute for Literacy's Web site, only half of Americans aged 16 to 65 are literate enough to succeed "in today's labor market"--and that research was published in 2002. Are Americans better readers and writers today? I doubt it. I agree with Citizen Paine, who sees other forms of media as important, but text remaining critical ( Are Video and Audio Critical to a Site's Success?). Bottom line: Incorporate all media, but don't underestimate the value of text as a means of making the user part of the conversation. I definitely would not underestimate text. It is and will remain one of the best ways to transmit information.
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June 19, 2005
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Winning on Appeal in the Court of News Judgement
Jay Rosen has a very good post about how the Downing Street Memo has finally made itself known in the traditional press and what this says about traditional notions of news judgement (The Downing Street Memo and the Court of Appeal in News Judgment). The very interesting conclusion: I don't think the press has learned how to deal yet with "power shapes truth," or the extreme contempt for reason-giving the Bush Administration has shown on matters of war and peace. For example, in judging whether a story deserves further play the press will ask, "were the facts in it previously reported?" (a news test) rather than asking: having the facts in it been successfully denied at the top? (which is a power-shapes-truth question.) Ultimately this confusion helps explain the original judgment that the Memo was not news, and the success of the appeal. [emphasis, links in original] Read the whole thing. The only note I would add is that it seems that blogs on both sides of the debate play a role in every story that wins on appeal. When blogs on one side feel it necessary to respond to the other side or, as in the case of Trent Lott, both sides agree, then you've probably got a story that should win on appeal.
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Posted by Ernest Miller
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June 18, 2005
Posted by Ernest Miller
Well, its has been more that 24 hours since the LA Times Wikitorial went live. Has it been a success? The answer is a resounding "Yes!" That is, if you're interested in left-wing banalities. The editorial has forked, as I thought it might. The left-wing version is a bloated, rather less temperate version of the original editorial. A couple of snapshots (and why is the title now "Dreams About"?) (Dreams About War and Retribution) : We propose an international peace conference to promote peace, democracy, and reconstruction in Iraq. To this end, we have asked the Senate and House of Representatives to pass a resolution demanding this administration to immediately request the UN Security Council to convene such a conference. If you support this proposal, please write to your senators and congressmen. We, the American people, have the power to facilitate the process of ending this war and to create a just peace in a morally responsible manner. There is also Dreams About War and Retribution - Hank Reamy's Rewrite. We need a wikitorial for this? Why not simply slap a Creative Commons license on the editorial and encourage people to rewrite on their own blog.
To balance things out, if by balanced you mean a pathetically lame counter argument, there is Counterpoint to Dreams About War and Retribution.
I hope that the LA Times is paying Jimbo Wales, since he seems to be putting in the most effort to correct the vandalism and keep the wikitorial at least somewhat on track.
I'm all for experiments, but there are better ways to bring the community into the paper.
The LA Voice live blogged the wikitorial (Dogs & Cats, Living Together: Times Launches Wikitorials).
Editor and Publisher (whose webpage - or more likely, some stupid ad - does something nasty to my browser - Firefox - and runs the CPU at 100%) talks to LA Times Editorial and Opinion Editor Michael Kinsley, the man behind the changes, on how it is going so far ('Wiki' Era Dawns at 'L.A. Times': Chaotic, But Kinsley is 'Loving It').
My original comments on the concept: Wikitorials: A Dubious Idea from the LA Times.
UPDATE 1200PT
Question Technology: The First Wikitorial: It looks like it's evolving into a pamphlet of everyone's favorite lefty anti-war screeds rather than a concise editorial. (Most of which screeds I agree with, just for the record.)
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June 17, 2005
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More on Wikitorials
posted by Ernest Miller |
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LA Times Wikitorial Experiment Begins
The LA Times "wikitorial" experiment has begun (Welcome to the LA Times Wikitorial Page). This is an experiment in using wiki, a relatively new form of Internet interactivity, to bring readers into the process of forming and expressing editorial opinions. "Public Beta" is just a euphemism for "We're just trying this out. Please forgive any problems and give us suggestions for improvement." Quite a few edits have been made so far. We will see how it goes. Previous story: Wikitorials: A Dubious Idea from the LA Times.
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June 15, 2005
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Where's the Guarantee on Schiff's Editorial?
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Posted by Ernest Miller
The New York Times has an op-ed declaiming that the boundary between "truth" and "fiction" is disappearing (The Interactive Truth). Stacy Schiff takes to task non-objective news, citizens' journalism and Wikipedia: This week The Los Angeles Times announced its intention to exile the square and stodgy voice of authority farther yet. The paper will launch an interactive editorial page. "We'll have some editorials where you can go online and edit an editorial to your satisfaction," the page's editor says. "It's the ultimate in reader participation," explains his boss, Michael Kinsley. Let's hope the interactive editorial will lead directly to the interactive tax return. On the other hand, I hope we might stop short before we get to structural engineering and brain surgery. Some of us like our truth the way we like our martinis: dry and straight up. Geez. That's an impressive argument. What, the LA Times Editorial page was "Truth" before Kinsley decided to mix things up a bit? Now, I'm a bit skeptical about parts of Kinsley's experiment ( Wikitorials: A Dubious Idea from the LA Times), but not because I think the LA Times will be dethroning "truth."
Oh, and let's make ridiculous comparisons between interactive editorials and structural engineering and brain surgery. You know, because editorial pages are so closely related to the processes by which we progress in structural engineering and brain surgery. Kinsley takes as his model Wikipedia, the free online encyclopedia to which anyone can contribute, and which grows by accretion and consensus. Relatedly, it takes as its premise the idea that "facts" belong between quotation marks. It's a winning formula; Wikipedia is one of the Web's most popular sites. I asked a teenager if he understood that it carries a disclaimer; Wikipedia "can't guarantee the validity of the information found here." "That's just so that no one will sue them," he shrugged. As to the content: "It's all true, mostly." At least Wikipedia is honest. Are there any such guarantees in books? Do I get my money back if a book has a factual error? Judging from the errata sheets and books that take each other to task, I would say "no." Isn't "It's all true, mostly" a pretty similar standard to the one we hold for books?
I sometimes wonder what these people would have to say if the new technology for information creation and distribution arriving had been "books."
Unlike Wikipedia, books are written by a single author who is likely blind to their own personal bias and limited knowledge. Unlike Wikipedia, books aren't subject to peer review and revision by others. In fact, books aren't easily revised. Once an error makes it into a book you can fix future editions (not easily, but you can), but you can't fix the books that have already been printed. Consequently, unlike Wikipedia, books enthrone error. Once printed that error can sit waiting to ensnare an unwitting reader years, even decades, down the road. Furthermore, books certainly cannot keep up with rapidly changing fields of endeavor. At best, the very best, they're months out of date when published.
You know, if someone was given the tabula rasa choice between Wikipedia and books to get facts, I'm not so sure books would win. What is new is our odd, bipolar approach to fact. We have a fresh taste for documentaries. Any novelist will tell you that readers hunger for nonfiction, which may explain the number of historical figures who have crowded into our novels. Facts seem important. Facts have gravitas. But the illusion of facts will suffice. One in three Americans still believes there were W.M.D.'s in Iraq. Perhaps it isn't bipolar. Perhaps it is better method of getting closer to facts and truth. It's messy and there is a lot more disagreement, but we might be better off for it.
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June 14, 2005
Posted by Ernest Miller
I'm a bit late in blogging this, like by 24 hours or so, but I wanted to have a chance to read the thing. EFF has issued a For Freedom's Sake: Legal Guide for Bloggers. The difference between you and the reporter at your local newspaper is that in many cases, you may not have the benefit of training or resources to help you determine whether what you're doing is legal. And on top of that, sometimes knowing the law doesn't help - in many cases it was written for traditional journalists, and the courts haven't yet decided how it applies to bloggers.
But here's the important part: None of this should stop you from blogging. Freedom of speech is the foundation of a functioning democracy, and Internet bullies shouldn't use the law to stifle legitimate free expression. That's why EFF created this guide, compiling a number of FAQs designed to help you understand your rights and, if necessary, defend your freedom.
To be clear, this guide isn't a substitute for, nor does it constitute, legal advice. Only an attorney who knows the details of your particular situation can provide the kind of advice you need if you're being threatened with a lawsuit. The goal here is to give you a basic roadmap to the legal issues you may confront as a blogger, to let you know you have rights, and to encourage you to blog freely with the knowledge that your legitimate speech is protected. It is good (and I really dig the cover).
They need to make some buttons so that every blog can link to it in their navigation bar. [Correction: They have links here: Link to the Legal Guide for Bloggers. However, I still think they need some smaller buttons.]
UPDATE 1010PT They also have a very cool alternative poster: 
More from Copyfight: Do You Know Your Rights?
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June 13, 2005
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Institutional Press Afraid to Stand Up Against Trade Secret Law
Matt Welch writes about Apple v. Does for Reason (Who Gets to Play Journalist?). He passes briefly over the tired blogger vs. journalist debate and into the more interesting arguments regarding why trade secrets get so darn much protection anyway and castigates the institutional press for acquiesing in this. But you can also argue that in the balance of free expression, the legalities just dont matter that much. Free speech seems to become more legally constrained each year, yet free expression continues to boom. If bloggers are left unshielded, that will only serve to enlarge an already conspicuous paradox: that the people with the most press freedom seem the least willing to use it.
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June 12, 2005
Posted by Ernest Miller
I'm all for newspaper experimentation and I wish the LA Times well with its coming revamp of the editorial pages, but one idea sure sounds dubious (Editor's Note: To Our Readers). Watch next week for the introduction of "wikitorials" an online feature that will empower you to rewrite Los Angeles Times editorials. Now this doesn't provide a whole lot of information on what they have planned, but I'm trying hard to imagine how they intend to make this work. Won't they simply be inviting their partisan readers to engage in an " Edit War"? After all, editorials are supposed to have a point of view, with which many readers will undoubtedly and inevitably disagree.
Furthermore, aren't editorials supposed to have a "voice"? How do you accomplish this, do you want to accomplish this, in a "wikitorial"?
They almost certainly won't be trying to embrace Wikipedia's Neutral Point of View policy, which would be pretty boring, if they could get it to work for things that are supposed to have point of views.
Perhaps they'll have forking? One (or two?) base editorials, point/counterpoint style? One base editorial, many forks? Not exactly a wiki then, really.
Well, I guess we'll have to find out next week.
via Dan Gillmor
UPDATE 2255PT
Ross Mayfield has some thoughts on the subject (Wikitorials).
UPDATE 2305PT
Teleread is more excited than I (Wikitorials Coming from the Los Angeles TimesBut, Wait, How About Wikens?).
UPDATE 2333PT
Political Animal has even more on this (The Future of Editorials?). Quoting the New York Times (Upheaval on Los Angeles Times Editorial Pages): This week, the newspaper, will introduce an online feature called "wikitorials," as a way for readers to engage in an online dialogue with the paper. The model is based on "Wikipedia," the Web's free-content encyclopedia that is edited by online contributors.
"We'll have some editorials where you can go online and edit an editorial to your satisfaction," Mr. Martinez said. "We are going to do that with selected editorials initially. We don't know how this is going to turn out. It's all about finding new ways to allow readers to interact with us in the age of the Web." Hmmm... I'm not sure they get it. When you edit a Wiki you're not really editing it to your satisfaction, you're editing it to the satisfaction of everyone who reads the Wiki subsequently. Cuz if you don't, they'll edit it to their satisfaction.
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June 09, 2005
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The Real Reason Apple is Suing Rumor Sites?
Ed Foster's Gripe Log makes a reasonable case that Apple went after the online journalists in Apple v. Does in order to frighten them away from the Apple+Intel story (Did Apple Sue the Rumor Blogs to Keep Intel Deal Quiet?). Others have made this case, but Foster puts it together well: Apple's legal crusade against the press over the last six months has struck many observers as being a little too Big Brotherish even for a control freak like Steve Jobs. Why would any company want to adopt such strong-arm tactics against loyal fans whose only crime was to care enough about Apple's products to want to report the rumors they heard about them? It made even less sense when, in one of the cases, Apple tried to get the courts to enforce a subpoena allowing them access data from a reporter's ISP in the hopes of determining who his sources were. That was guaranteed to raise hackles not just in the press but also with a broader contingent of privacy and freedom of speech advocates. And Apple was bringing all this opprobrium down on its head supposedly for the sake of smoking out the sources who'd tipped off the weblogs on a couple of less-than-earthshaking stories. Not only did it strain credulity that Apple would care that much about the reports of a sub-$500 Mac and a FireWire audio device, court filings subsequently made it obvious that Apple had not bothered to conduct a serious investigation of the employees who were the most likely suspects. So while willing to argue the First Amendment should be trashed to allow them to apprehend the dastardly fiends who might have violated their non-disclosure agreements, Apple didn't really seem that interested in actually unmasking them. If true, this means we are even more unlikely to see a lawsuit against C|Net News ( Apple + Intel: Where's the Lawsuit Against C|Net?).
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Wikipedia, Astroturf, and Reputation Hacks
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June 07, 2005
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Who Leaked the Apple+Intel News?
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June 06, 2005
Posted by Ernest Miller
I meant to blog about this last week, but Eugene Volokh noted a rather ominous comment to the FEC from the director of the Institute for Politics, Democracy and the Internet at George Washington University (Political Activist (Bad) or Journalist (Good)?). From the director's comment: Until recently, the distinction between the news media and rest of us was clear and uncontroversial. Bloggers blur that distinction. If anyone can publish a blog, and if bloggers are treated as journalists, then we can all become journalists. If millions of citizen journalists, as bloggers like to call themselves, are given the rights and privileges of the news media, two consequences will follow. Well, yeah. Of course, the director wants to distinguish between blogger/journalists and blogger/activists. Volokh links to the best response ( Common Sense): Dear FEC,
I write to you today to request your kind advisory as to whether this pamphlet defines me as an ACTIVIST or a JOURNALIST. . . .
Sincerely,
Thomas Paine In a later post, Volokh also makes a point about the exemption that the media receives ( Media Rights, Not Journalists' Rights): But while "journalist" is sometimes used to refer to people who are (ostensibly) nonpartisan and impartial, neither the federal election law media exception nor the anonymous source privilege is so limited. Federal election law exempts from various regulations and prohibitions "any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication." Both nonpartisan news stories and opinionated editorials (including ones that endorse candidates) are protected. Both newspapers that strive to maintain maximum objectivity and magazines that overtly and consistently advocate a particular ideology are protected. Likewise, privileges to conceal the names of anonymous sources don't turn on whether the claimant writes opinionated pieces or objective ones. Gee, one wonders why the opinion pages of commercial newspapers should be priviledged when they endorse candidates, but not bloggers. What a strange vision of the First Amendment that must be.
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June 05, 2005
Posted by Ernest Miller
Late Friday afternoon, C|Net News published an extremely valuable trade secret about Apple and Intel, days before Apple was scheduled to announce it (Apple to Ditch IBM, Switch to Intel Chips). So, where's the friggin' lawsuit against C|Net to find out who leaked? Where is the judge who is going to claim that what C|Net published was "stolen property"?
Will someone please explain to me the difference between what C|Net has done and what happened in Apple v. Does?
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Posted by Ernest Miller
Jay Rosen has written another of his insightful pieces on the state of modern journalism, today finding the connections between J-School reform and the press mythology of Watergate (Deep Throat, J-School and Newsroom Religion). Read the whole thing, but the following passage was particularly striking to me: In his excellent book, Watergate and American Memory (1992, Basic) Michael Schudson distinguishes between the scandal, which didn't change the world very much, and the myth of Watergate in journalism. It did change journalism by giving the warrant of history (and the mandate of heaven) to the adversarial press and the Fourth Estate model, where the press is an essential check on government, a modern addition to the balance of powers. In many ways, this gets to the heart of the problems with the ways that the mass institutional press views itself. The picture the mass institutional press has of itself is that of the Fourth Estate, another branch of the governing structure, albeit unelected. They are adversarial because they seek to check and balance the other powers, which, presumably, do not represent the interests of the people. The mass institutional press has arrogated unto itself the voice of the absent people.
Much of this comes, I think, from a fundamental misunderstanding of "freedom of speech, or of the press".
Let me make this clear:
The interests and purposes of the First Amendment are not identical with the interests and purposes of the mass institutional press. For the purposes of the First Amendment, the mass institutional press is sometimes a means, not an end.
Freedom of speech and of the press is the principle; the mass institutional press is merely one expression of this principle and, as we are learning, is a historically contingent and flawed one at that. The error has come in thinking that the mass institutional press is the only possible means for expressing this principle, and that what the mass institutional press expresses is also an expression of this principle.
This wouldn't be so bad, if the mass institutional press hadn't gotten the underlying principle so darn wrong. Deans of Journalism, scribble a note: Investigative reporting, exposing public corruption, and carrying the mantle of the downtrodden were taught to McGrath not as political acts in themselves--which they are--and not as a continuation of the progressive movement of the 1920s, in which the cleansing light of publicity was a weapon of reform--which they are--but just as a way of being idealistic, a non-political truthteller in the job of journalist. (Which is bunk.) [emphasis in original] These two means are expressions of the interests and purposes of the First Amendment, though I would not emphasize that the cleansing light of publicity is not only part of the progressive movement of the 1920s. Political is not synonymous with partisan.
There are other purposes of free speech, but clearly, one of the most important is that of persuasion in service to what we can know of truth. This is inevitably, if not definitionally political. However, the mass institutional press eschews persuasion for a recitation of facts and "he said, she said," in order to avoid persusasion and, thus they think, politics. But gathering and organizing facts is still a persuasive and political act. It is fairly explicit when exposing public corruption. And it exists even in "he said, she said" reporting when it gives one implausible argument greater weight through equal stature with the superior argument. This is particularly insidious in its effects upon the journalists themselves, who seek only arguments on both sides of an issue, rather than the persuasive arguments, and may thus eventually become blind to the difference.
The biggest blindness was, of course, to the reality that fact-gathering and reporting are inevitably political. And, thus, This kind of instruction is guaranteed to leave future journalists baffled by the culture wars, and in fact the press has been baffled to find that it has political opponents. Well, jeez louise, so did the progressives of the 1920s! As far as the religion knows, none of this is happening. And J-schools--by passing the faith along but making little room for non-believers--are part of the problem. And so, at least partly, the mass institutional press comes to its present crisis. And what is the solution? But maybe it should be crashed. Maybe what we need is not funding for a new church, but a breakaway church, or two, or three of them. (And what is Fox News Channel, but that?) Well, actually, Fox News is a bunch of recreants. They still worship in the church of objectivity, but that is only lip service.
But why new churches? Tear down the church and let a diversity of schools of thought bloom.
UPDATE 2300 PT
Jay Rosen has updated the paragraph I cited above. Here is the new version: In his excellent book, Watergate and American Memory (1992, Basic) Michael Schudson distinguishes between the scandal, which didn't change the world very much, and the myth of Watergate in journalism. By giving the warrant of history, and the mandate of heaven, to the adversarial press, and the Fourth Estate model (where the press is an essential check on government, a modern addition to the balance of powers); by telling each new crop of journalists how to be heroes and how do good; by glamorizing the underworld of confidential sources, the mythos of Watergate had very definite effects in journalism.
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June 04, 2005
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Television News Cameraman Sees Rapid Change Thanks to Citizens Media
A little over a week ago, I pointed to a most excellent post from a blogging local television news cameraman who really seems to understand the rise of citizens media (Lament of a Television News Cameraman). Well, Lenslinger's Viewfinder Blues blog has another great post about how traditional media and bloggers will work together (The Revolution WILL be televised). Citizen journos, plugged-in politicians and an army of laptop-spondents are changing the face of media even quicker than the out-of-town experts predicted. From my street-level perspective I see it every day, age old barriers crumbling to dust, dissolving the chattering classes into the multi-tasking masses. Even in my modest mid-market, what used to be a one-way flow of information is now a churning sea of give and take. Im not sure where all this is taking us, but the trip certainly wont lack for documentation. The dawn of the Information Age is truly upon us. As a compulsive communicator, caffeine addict and chewer of thought, I couldnt be more stoked, or more exhausted.
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May 31, 2005
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Lessig on Amateurs and Professionals
Larry Lessig is concerned that blogs will feed the trolls, increasingly the tabloidization of the news (Of Amateur Journalists, and Professional Trolls). [The real fear is] the emergence of the equivalent of tabloids in blog-space: commercial entities whose sole purpose is to generate ad revenue, who do that by being as ridiculous and extreme as possible. Tabloids exist in every media form; there are a number of reasons for that. Why should blogs be any different? Ultimately, the solution to the problems of tabloids is not a technical one (though that can ameliorate it), but a social one.
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May 30, 2005
Posted by Ernest Miller
Broadcasting & Cable's coverstory this week is on television newsroom consultants, "How consultants shape newscasts, from steering the coverage to choosing eyeliner" (News Svengalis at Work). The article is beyond parody. If you want to know why television news is circling the drain, read it. Lost remote has a succinct yet devastating critique (How Consultants Shape Newscasts): Today's TV stations must innovate and leverage new technologies to cut through the clutter in an increasingly competitive digital marketplace. But the B&C story talked about the same old stuff: hairstyles, wardrobe and Doppler radar. Not very flattering for Magid [a consulting firm]; its new media arm wasn't even mentioned in the piece. Ouch.
One example of the sort of advice being touted: Sometimes, the juxtaposition of image consulting and the sober aspects of news events can be jarring, as when Carey talks to Wiedemann about wardrobe selection. Who would think that a terrible thing would happen in a small place like Oklahoma City, where they had all the bombing? Carey [image consultant] says. You have to ask yourself: If there was a terrible tragedy in my area and that footage went all around the countrywhich could very well happenwould you be embarrassed? Would you be ashamed? Would you say to yourself, Oh, my God, I wore the wrong thing that day? Let me see, there is a major bombing in Oklahoma City, hundreds die, and the reporter should be embarrassed by what they wore? And people wonder why journalism is losing respect. Like I said, these consultants are beyond parody.
These television stations should be getting advice from Terry Heaton, instead (TV News in a Postmodern World: Stations Must Embrace Personal Tools): Web researcher Gordon Borrell says, "The deer now have guns," and he's right. With a PC, a $100 web camera, a $200 piece of real-time TV production software that includes a teleprompter, free blog software, FTP access to a server, a small digital camera, editing software, and an imagination, anybody can be a TV station, a newspaper or a multimedia news operation. In order to do so, however, the person running the enterprise needs to know how to do everything. "The deer have guns" and the hunters are busy getting a makeover.
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Call Me Candide
Seth Finkelstein puts together a number of recent and interesting threads exploring the powerlaw distribution of the blogosphere (A-List Analysis Collected Notes). Yes, the blogosphere isn't free speech nirvana, but it is a heck of an improvement on the old way of doing things. Under the old way of doing things, you wouldn't be reading this and Finkelstein's less optimistic take.
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