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
|

Category Archives
July 11, 2005
Blink ›
BBC Blasted for Making Music Freely Available
One would think this is parody, but apparently it is not. The Independent reports that classical music labels are lambasting the BBC for making MP3s of classical music available for free download (Downloading Trouble at the BBC). The BBC has been lambasted by classical music labels for making all nine of Beethoven's symphonies available for free download over the Internet. ... But the initiative has infuriated the bosses of leading classical record companies who argue the offer undermines the value of music and that any further offers would be unfair competition. Managing director of the Naxos label, Anthony Anderson, said: "I think there is a question of whether a publicly funded broadcaster should be doing this and there is the obvious issue that it is devaluing the perceived value of music. You are also leading the public to think that it is fine to download and own these files for nothing." Heaven forfend! via Scripting News
posted by Ernest Miller |
|
# |
0 |
0
July 04, 2005
Blink ›
Visions of the Future from AOL Circa 1995
This is almost unfair. Susan Crawford pulls an admiring profile of AOL from 1995 and basically allows it to make a fool of itself (Someone to Watch Over Me). Case believes that Microsoft and the Internet players are not going to be cheaper or easier to use, and therefore, are not taking the approach that's going to build a mass market. He's convinced that his opponents' strategy of "disintermediation" - unbundling systems and letting users "roll their own" packages - is going to be too much of a hassle for Mr. and Mrs. Average Online Consumer. "I don't see any evidence to suggest that this is what the 93 percent [the percentage of Americans that were unconnected in 1995] wants," Case says. "I think a subset of the 7 percent wants that. The people I talk to who don't yet use online services don't use them because they are still a little scared of them. Making it more complicated for people to connect and use the service, giving them a bewildering array of options to pick from - it's hard to imagine that's going to help." How's that working for you, AOL?
posted by Ernest Miller |
|
# |
0 |
0
July 01, 2005
Posted by JD Lasica
This is my last guest post here as part of the Blogger Book Tour I'm taking part in for Darknet. (Looks like a scorching, bbq-friendly holiday weekend dead ahead here in the SF Bay Area. Enjoy, folks!)
I'll leave with an observation about the copyfight movement. When I first began conducting research for Darknet three years ago this month, it struck me that issues like the DMCA, perpetual copyright extensions, infringement, inducement, illegal art and all the rest were known to only a very, very small segment of the online community.
But that's beginning to change, as I've noticed in my trips to different parts of the country with different kinds of crowds. It's changing not because of a mass education program or a sudden upsurge in public interest in copyright and the law. Rather, it's happening at a more fundamental level. We're seeing a sea change in how people are interacting with media.
Last weekend's Gnomedex conference in Seattle was on the one hand a total geek-out. But on the other hand, this crowd of early adopters was telling in how media-savvy they were: not only were 90 percent of the 400 attendees sitting in front of laptops, but there was also an ocean of digital cameras, camera phones, camcorders, PDAs, you name it. As Adam Curry noted in his keynote, "We are the media." There's no doubt about that now.
The consequences of that for public discourse loom large. That's why, as I wrote my book, I began focusing less on copyright law or the current bills before Congress and more on the long-term outlook for media culture.
The future of television is not about interactive commands that let you buy Jennifer Aniston's sweater. It's about putting a blasting cap to big media's strangehold on our nightly viewing habits by opening up the television experience to the multitude of niche media that ordinary citizens are beginning to create.
The future of movies is not about digital delivery of Hollywood entertainment at the multiplex. It's about instant access to Hollywood classics, new releases, indie fare and grassroots films, at any time, on any device.
The future of music is not about finding a silver-bullet DRM solution for secure delivery of megastar content. It's about building new platforms for recommending and filtering thousands of new voices and creative talents that would never make it through the record labels' sausage factory.
As the cost of the tools of media creativity continue to plummet and ease of use increases, millions more of us will begin taking part in the personal media revolution. And when that happens, as it inevitably will, the laws and structures built for the analog era -- such as the DMCA's provisions to prop up the business model of today's music industry -- will begin to totter, and then topple.
When we're all global publishers, the inequities of today's copyright regime will become plain to all. Then, we will want to access our musical and visual heritage and build on top of our culture. Then, digital innovation will begin to truly flourish. Then, as Ernest writes below, we will finally be able to realize the limitless possibilties of creative culture.
Comments (0)
+ TrackBacks (0) | Category: Culture
June 25, 2005
Blink ›
What Advertisers Fear: Deliberate Inattention
Doc Searls has a good post on IT Garage about deliberate inattention - ignoring things we don't want to waste time on, such as advertisements (AdTension). The holy grail of advertising is to add, rather than subtract, value for the people who consume it: to create a demand market for itself. Read the whole thing.
posted by Ernest Miller |
|
# |
0 |
0
June 24, 2005
Posted by Ernest Miller
New World Notes reports something extremely cool coming from Linden Lab: live video from Second Life, the most innovative virtual world out there (Links of the Week!: An SL Simulcast and a Movie Trailer...). Très très cool! Go to the Second Life homepage and click on the television set labeled "live video." Be prepared for loud music that I couldn't figure out how to turn off. It is, literally, a window into a virtual world. How long will it be before we hear the cry: "I Want My Second Life TV!"?
Reuben Steiger, who works on Second Life at Linden Lab, explains the reasoning behind this very amazing innovation (Video From a Virtual World). Second Life is a 3-D virtual world that is 100% created by its 32,000 residents. The challenge this presents us at Linden Lab is that all the action that takes place in Second Life is very compelling; whenver we sit down and show it to someone, their mind is summarily blown and they very often sign up for an account. The problem is a chicken and the egg one -- showing Second Life in person isn't scalable and screenshots just don't do it justice. You really need to see avatars flying around, building amazing creations, chatting with eachother in order to get it. The energy of that experience is what sells Second Life -- the raw, unedited magic, but until recently we couldn't bottle the magic. He says this is profound. It is. Read the whole thing.
When are we going to get a "Best of Video," Reuben? How long do you think it will take before members of Second Life demand the right to broadcast out on their own? Will Cory Doctorow's book signing be carried on Second Life TV? I can't wait to see what happens with this.
Very exciting, innovative stuff.
Comments (2)
+ TrackBacks (0) | Category: Culture | Games | Internet | Machinima
Blink ›
100th Anniversary of Pittsburgh's First Movie Theater
Earlier this week, the Pittsburgh Post-Gazette celebrated the 100th Anniversary of the movie theater (You Saw It Here First: Pittsburgh's Nickelodeon Introduced the Moving Picture Theater to the Masses in 1905). The claim isn't true, as the article notes, but the article is worth reading to get a better understanding of how a new medium is adopted by the public. There are the obvious social issues: Social activists grew worried about children spending too much time at the movies, because of their violent and sexual themes. Some were afraid of the immigrant labor pool attracted to the silent films -- which didn't need to be in English to be understood -- and others feared the idea of women in dark rooms mixing with strange men. As well as interesting notes about what films were shown: Typically, the show would include a stop-action film called an "actuality," showing something like a flower growing or a building getting demolished; a film of an exotic country such as China, called a "scenic"; plus short comedies and melodramas.
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Clearing Rights for a Mad Hot Documentary
Two great posts on fair use and clearance rights on the Stay Free! Blog. The first is an interview with the director of the favorably-reviewed documentary Mad Hot Ballroom, which is about public school kids in ballroom dance competitions. The interview goes into many of the headaches that citizen creators face if they want to distribute video of scenes of real life (How did Mad Hot Ballroom Survive the Copyright Cartel?). [W]e had to watch out for billboards and Frito-Lay trucks all the time. But I usually didn't care, we would just shoot. The biggest danger with clearances is when they interfere with documenting real life. Something spontaneous like a cell phone ringing is different than a planned event. If filmmakers have to worry about these things, documentaries will cease to be documentaries! What happens when the girls go shopping and there's music playing in the stores? We were lucky because in our movie the music wasn't identifiable, but otherwise what are we supposed to do: walk up to the store manager and say, "Excuse me but can you turn off your radio?" The follow-up post is a ringing argument in favor of pushing fair use rights, though, being the risk-adverse type that I am, I certainly couldn't recommend it ( Fair Use: Use It or Lose It). It cost $140,000 to clear rights for the documentary, about 45% of the cost of making the film. The costs of production are going to continue to decrease. Increased scope for fair use and reduced clearance costs need to follow.
posted by Ernest Miller |
|
# |
0 |
0
June 23, 2005
Blink ›
Creative Commons and the Videogame Webcomic
The Creative Commons Weblog has a nice example of a webcomic that is adopting a Creative Commons license (Fantastic (CC)omic). No biggie do you say? Well, perhaps not, but the webcomic is based on the Castle Marrach videogame. They had this to say: We've got some of our own methods to protect joint creativity at Skotos. In our Terms of Service we define what we call "Participatory Content" and "Public Content". If Creative Commons had been around when we launched in 2000, I think we might have incorporated their licenses instead, to protect the joint work that people do at Skotos. Pretty cool.
posted by Ernest Miller |
|
# |
0 |
0
June 20, 2005
Posted by Ernest Miller
At the beginning of the 1800s, the Elgin Marbles were removed from Greece for Britain. The outrage over this cultural theft continues. "The request for the restitution of the Parthenon Marbles is not made by the Greek government in the name of the Greek nation or of Greek history. It is made in the name of the cultural heritage of the world and with the voice of the mutilated monument itself, that cries out for its marbles to be returned."
Evangelos Venizelos, Greek Minister of Culture Today we face a similar theft of our cultural heritage.
The coverstory of the June 2005 edition of Communications of the Association for Computing Machinery deals with the difficult question of DRM for 3D images (Protecting 3D Graphics Content). In particular, the authors, David Koller and Mark Levoy, are concerned with preventing "piracy" of hi-resolution 3D models of cultural heritage works such as Michelangelo's David. For example, our Stanford Digital Michelangelo Project has developed a high-resolution digital archive of 10 of Michelangelo's large statues, including the David. These statues represent the artistic patrimony of Italy's cultural institutions, and our contract with the Italian authorities permits distribution of the 3D models only to established scholars for noncommercial use. Though everyone involved would like the models to be available for any constructive purpose, the digital 3D model of the David would quickly be pirated if it were distributed without protection; simulated marble replicas would be manufactured outside the provisions of the parties authorizing creation of the model.
Digital archives of archaeological artifacts are another example of cultural heritage 3D models that could require piracy protection. Curators of such artifact collections increasingly turn to 3D digitization as a way to preserve and widen scholarly use of their holdings, but they often want strict control over the manner of that use of the 3D data and to guard against theft. An example of such a collection is our Stanford Digital Forma Urbis Project (formaurbis.stanford.edu) we've undertaken with Italian archaeological officials to digitize more than a thousand marble fragments of an ancient Roman map and make them publically available through a Web-based databaseprovided the 3D models have adequate protection. [sidebar, footnotes omitted] Piracy!? Theft!? I do not blame the authors of the paper, who are forced to agree with the relevant authorities in order to gain access to the works in the first place (and it is better that the works are scanned than not at all). I do blame the cultural authorities who dare to claim a gatekeeper function to the digital reproductions of these works that are the cultural heritage of the world.
These works are not "owned" by their representative cultural institutions, but held in trust for all mankind: a position of responsibility with a duty to preserve our common cultural heritage.
A secondary duty is to provide open access to these works, consistent with the duty to preserve. It is this right of access that these claims of "piracy" and "theft" abrogate.
When digital scans can provide everything but physical access, the true pirates and thieves are those who would deny such access. They may do so out of a misguided belief that they require such control in order to fund themselves, but this only means that they are essentially holding access to our cultural heritage hostage.
Elgin's justification for removing the Parthenon Marbles was to preserve them. Those who would use the same arguments to justify preventing open access to digital reproductions of our common cultural heritage are not much better.
See also, DocBug, Owning David.
Comments (1)
+ TrackBacks (0) | Category: Copyright | Culture
June 19, 2005
Blink ›
Mixtapes, Playlists, Culture
In From Mixtape to Playlist, Derek Slater wonders about the potentials for social recommendation tools for music. My hope is that these burgeoning taste-sharing tools can help restart a conversation about how technology can unleash a richer musical culture. We should be celebrating what technology can do for music. Who could object to consumers enjoying music more, enjoying a greater diversity of music, being more creative, engaging music more deeply, and coming together with each other because of music? That's the positive vision I'd like to explore in relation to these tools.
posted by Ernest Miller |
|
# |
0 |
0
June 12, 2005
Blink ›
Joe Gratz Enjoys Copyright Infringement
Joe Gratz went to a live electronica show that likely featured copyright infringement after copyright infringement (Meat Beat Manifesto). Apparently he enjoyed the blatant thievery: And it all had to be illegal. Thousands upon thousands of individual infringements each sample from a movie or TV show, each uncleared photograph and film clip, without which the music would have fallen flat and the visuals would have disappeared.
The evening strengthened my belief that fair use should privilege this sort of transformative art, even though I dont think its privileged under current law.
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
NYT: Hacking is Good
The New York Times comes out in favor of the "Freedom to Tinker" in an editorial that positively gushes over the new magazine Make (A New Magazine's Rebellious Credo: Void the Warranty!). Make is not just a clubhouse for guys with Skittle breath and abbreviated social skills. Beneath all the home-brewed gadgets and cool software tricks lies a sly and subversive agenda. Make, its makers will tell you, is part of a grass-roots rebellion against consumer technology that they say stifles ingenuity by discouraging end-user modification. To these restless minds, increasingly sophisticated consumer products have forced users into a kind of stupefied passivity, with nothing to do but replace batteries and update software, to point and click into a zone of blissed-out consumption. Marketers and programmers anticipate our every need with products that are essentially disposable, since there is no way to fix or adapt them when they break or become obsolete. In this world, to tinker - to open the case, to fiddle with wires and see what happens - is to rebel.
posted by Ernest Miller |
|
# |
0 |
0
June 11, 2005
Blink ›
What the Long Tail Ain't
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Joi Ito on the Emperor in Japanese Culture
Joi Ito has a fascinating post about the Japanese Emperor who, despite a varying level of influence through history, has certainly left a mark on the culture (Visiting the Old Capital). Regardless of his level of influence, the Emperor has been the center of most of Japanese culture. Kyoto, for instance, is divided into the "Right Kyoto" and the "Left Kyoto". This has nothing to do with East or West, but is the right or left side of the city when viewed from the Emperor. The bullet train "climbs" from Kyoto to Tokyo (the new capital) toward the Emperor and any road that points away from the Emperor is pointed "down". All kinds of symbols and names allow you to understand exactly what each Temple's relationship to the royal family is. Be sure to check the Flickr of his trip: Joi Ito: Kyoto June 2005. I lived in Japan for four years. These photos reminded me of some of the beauty of Japan that I miss.
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Godwin: Microsoft's Halo Deal is Business as Usual
Mike Godwin takes a recent NY Times article (Hollywood Hardball) to task for its too ready acceptance of Hollywood's spin (That's Hardball). The article regards Microsoft's attempt to interest Hollywood in a movie based on the wildly popular Halo videogame series. Hollywood execs were apparently whining that MS was really playing hardball. Yeah, uh huh, right. To be fair to Microsoft, another way to understand Holson's story is this: MS thought they were bringing a huge and valuable property to the studios, and so they put a big price tag on it and tried to preserve the property by seeking creative control. The studios didn't quite like the deal MS offered, or the terms on which it was being offered, and so most of them balked. This looks remarkably like business as usual, at least so far as one can understand it while being based on the east coast.
posted by Ernest Miller |
|
# |
0 |
0
June 08, 2005
Blink ›
It's a Seller's Market in Attention
Yesterday, Jeff Jarvis noted a report that the cost of online advertising will be going up (harder to reach a mass market) and the opposing trend that advertising will be more efficiently targeted (More New-Fangled Ads). It is going to be a seller's market in attention, and that is going to lead to all sorts of changes.
posted by Ernest Miller |
|
# |
0 |
0
June 06, 2005
Posted by Ernest Miller
Carson Bailey, LLC considers the continued improvement of audio recording technology and wonders whether it is killing music diversity (A Case for Luddites?). I've been arguing for a while that the free culture debate has had the unfortunate side-effect of reinforcing a dominant view of music as movable goods and away from music as a performative event. Today, when we talk about music, we mean the stuff on the shelves at Best Buy. It's a post-modern world and recordings are no longer second cousins to the live event but the real deal: Au contraire, Mr. CarsonBailey, LLC. It is the demands of the recording industry, of the capitalist impulse (not that there is anything wrong with that) to sell objects that has turned up the heat on the concept of music as movable and marketable good.
It is strange to blame new technology for reinforcing this paradigm for music, when it is the struggles of the existing purveyors of the paradigm who press it even further. It is particularly odd to blame new technology, when it is these technologies that are on the verge of undermining the old paradigm.
Podcasts, playlists, music sharing are all means by which music becomes more of an experience once again. People will not long accept "shuffle" as the dominant means through which to experience music. They'll demand more from playlists then simply one track after another. The playlist will create the experience. Podcasts will educate the listener, engage them in the "ennobling discipline of learning music". Music will no longer be restricted to the single, perfect recording but we will learn to seek alternate mixes, mashups, live takes that will return music to its diverse and experiential roots.
The luddites are the recording industry. They are the ones who avoid answering the question, "why are we here in the first place?"
Comments (0)
+ TrackBacks (0) | Category: Culture
Blink ›
Fair Use and the DVD Fan Audio Commentary
JD Lasica continues his Darknet mini-book, with an excerpt about a home-authored DVD featuring copyrighted work and original audio commentary (Story: Fair Use in a Digital Age). This is actually very close to one of my favorite concepts for annotation. Buy the Casablanca DVD and then download Roger Ebert's (or similar expert) audio commentary. Of course, the DMCA makes this extraordinarily difficult. And, did I mention this excerpt quotes yours truly?
posted by Ernest Miller |
|
# |
0 |
0
June 02, 2005
Blink ›
Copyright Leakage Convinces Labels to Make Most of Their Libraries
Reuters reports that several major record labels are opening their vaults and inviting DJs to create mashups (Music labels Open Their Vaults to Remixing DJs). They take on classic -- some would say unimprovable -- soul, jazz and R&B songs including "Heard It Through the Grapevine," "We Are Family," "Let's Get It On" and "Superfly." Previous major-label efforts in a similar vein have included Jay-Z's collaboration with Linkin Park, and several Blue Note remix albums. There will likely be more to come as music companies seek to extract maximum value from their libraries and to combat the unauthorized "mash-ups" that have become increasingly popular. Thank goodness for copyright leakage, otherwise the potential of this new form might not have been noticed by the major labels. via BillboardPostPlay
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Will Digital Overlays Blind Us?
Last week, I wrote about alternative audio guides to museums (Audio Museum Annotation). Today, law firm Carson Bailey, LLC, blogs that such annotations may take away from the experience of the museum (Hacking the Museum). My fear is that the process of plugging in, by its nature as a physical act, unnecessarily narrows the student's scope of inquiry. This complaint is not simply with museum annotations, but will soon be heard in more and more contexts as our world becomes increasingly layered with digital data. We will be changed by this; how, I'm not sure.
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Internet Video Not the Same Thing as a Movie Screen Says Cinemaphile
Digital Poetics is left cold by watching movies on a computer screen (Oh Screen, Where Art Thou?). Of course. That is why we have to get video content on the internet off the computer screen and onto the big screen in the living room. However, he is right that our movie-viewing habits will be changing because of this.
posted by Ernest Miller |
|
# |
0 |
0
June 01, 2005
Blink ›
A Technological History of Music
The New Yorker has an extended essay/review on the changes in music brought about by technology, in particular, how the various recording technologies have changed the way music is made and how we listen (The Record Effect). Fascinating and definitely well worth reading. via GrafoDexia
posted by Ernest Miller |
|
# |
0 |
0
May 30, 2005
Blink ›
Backup or 'Hostage' Cellphones
Smaller, cheaper and ever more powerful, the cellphone and all its capabilities is ubiquitous. That doesn't mean that people won't try to stop people from carrying them in particular locations. They're going to fail. Heck, even 13-yr old girls are easily outsmarting cellphone restrictions, according to the Mobile Technology Weblog (School Girl Hostage Phone) When they go off to bed, they have to place their mobile phones in a big, locked strong box to stop them smsing/phoning/playing games and every other thing you can use a mobile for these days. And they collect them in the morning. The interesting thing is that it's not an excuse to say that you haven't got a mobile - it's just not credible. It's also strange that the teachers don't seem to have thought about all the second phones the girls keep, just for this purpose. It's last year's model that gets locked up overnight, leaving them free to use the new one all night if they wish. via Smart Mobs
posted by Ernest Miller |
|
# |
0 |
0
May 29, 2005
Blink ›
Sing, O Goddess, the Muse of Mashups
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
The Handy, Everyday Wikipedia
There will continue to be a vigorous debate about how much people should rely on Wikipedia (The Great Wikipedia Authority Debate), but there is no doubt in my mind that it is becoming a default fact source for those little facts you just need to look up at the moment. Russell Beattie concurs (Wikipedia Rocks): I've been slowly using Wikipedia more and more, have you? I'm just so impressed with how complete the info is, and how up to date as well. Many times when I'm searching for something using the regular search engines, I'm really just looking for an overview of the topic more than anything, and Wikipedia has been coming up more and more in my searches *and* being exactly what I needed.
posted by Ernest Miller |
|
# |
0 |
0
Posted by Ernest Miller
I may not always agree with Mark Cuban, but damn he's innovative and willing to take real risks to shake up the hollywood-industrial-complex. The latest on his blog, Blog Maverick - natch, is about his plan to radically alter the traditional release window format for motion pictures (Movies and Theaters - Lets Make the Customer King and Make More Money). His proposal? - Release movies in all available formats (theater, PPV, DVD, etc.) simultaneously.
- Better price the value of going to a theater. He proposes selling DVDs on release day for $39.95, although you could get a refund of the ticket price if you see the movie in a theater. The price for the DVD would drop over time (though you would still be able to get a refund for the ticket stub).
- Share some of the revenue on the DVDs with the theater owners. Theater distribution is mostly DVD promotion nowadays, why not give the theater owners a small cut?
His post has more details, of course. Read the whole thing, but the idea is quite interesting. I have no idea whether it would actually work, but I can certainly imagine a number of movies that I might see in the theater, simply to get the DVD on release day at a discount. Basically, this model seems to turn the theater experience into another DVD "extra." Which isn't that bad an idea, since the theater is more about the experience than the content.
If it does work, it is likely to significantly change the economics of movie production, and thus, culture, just as the rise of the DVD has made a difference in the sort of movies we see today.
Of course, none of the major theater chains is interested in this concept; they seem adverse to experimenting in any way that might move them from the traditional models despite the ever-increasing competition from alternate forms of entertainment. See, the Washington Post, Simultaneous Movie, Video Plan Irks Theater Owners.
So, Cuban is using his vertically integrated businesses to give this idea a try: 2929 Entertainment, a movie and finance production company; Landmark Theatres, an art house movie chain; and, HDNet, a high-def television network. We will work with theater ownership groups, retailers and rental outlets who want to try this experiment to develop programs that expand the pie and create more cash flow for everyone.
Im sure mistakes will be made along the way. Im sure that there will be surprises. Im sure we will have to do quite a bit of adjusting to make the program a win win for all involved.
So what?
If it works, everyone, particularly consumers benefit.
If it doesnt, everyone calls me a dumbass, and we go back to doing it the way it was always done.
I can handle that. Cool.
Comments (0)
+ TrackBacks (0) | Category: Culture
May 28, 2005
Blink ›
Shifting Economics in the Demand Curve
Over on the Long Tail, Chris Anderson discusses how four different factors change as one moves from the head of the demand curve, through the hard middle and into the eponymous long tail (The Dangers of 'Headism'). The four factors he discusses are types of content, incentives, status and IP protection. He argues that there is much potential in the "hard middle" right now.
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Google Print Review
A brief review of Google Print from Insider Reports in which Google's latest is compared to Project Gutenberg (Googles A Librarian? You Betcha! Google Print Goes Live). Once again, fixed term copyright would seem to be the only real solution to the problem of being able to distribute anything out of copyright but not written before 1923. via Teleread, which has this to say: Google Print is potentially an extremely useful service, especially if publishers understand this is a help, not a threat. Books in most cases will benefit if included. If a book is already in the database and metions a phrase of interest, you can find it lickety-split. The famous Google interface works great.
posted by Ernest Miller |
|
# |
0 |
0
May 27, 2005
Posted by Ernest Miller
The NY Times writes about a couple of groups that are creating downloadable audio tours for museums, Art Mobs and Wooster Collective (With Irreverence and an iPod, Recreating the Museum Tour). The creators of this guide, David Gilbert, a professor of communication at Marymount Manhattan College, and a group of his students, describe it on their Web site as a way to "hack the gallery experience" or "remix MoMa," which they do with a distinctly collegiate blend of irony, pop music and heavy breathing. It is one of the newest adaptations in the world of podcasting - downloading radio shows, music and kitchen-sink audio to an MP3 player. Very cool, but also a bit premature, I think. First, why is it a podcast? That's nice and all, but if you want to provide museum audio tours, probably the best primary way to distribute them would be through downloads, not podcasts. Hey, I'm obviously a fan of podcasts, but they're not the solution for everything. But it sure sounds hip, doesn't it?
Second, there is a most definite need for better interfaces for these sorts of projects. One real nice thing about existing museum audio tours is that they include some sort of numbering system so that it is easy to listen to different audio in a non-sequential order. That doesn't seem particularly likely for iPods, but perhaps some sort of metadata convention could be considered, perhaps one that museums can sign onto (although it would cut down into their audio tour revenues, it would increase their educational mission accomplishment).
Third ... it is pretty darn cool. Think I'll start my own.
Fourth, check out this earlier post of mine: GPS-Guided Audio Tours Launched in Montgomery, AL
via Scripting News
Comments (0)
+ TrackBacks (0) | Category: Broadcatching/Podcasting | Culture
Blink ›
Creative Commons Now Part of Yahoo! Search
posted by Ernest Miller |
|
# |
0 |
0
Posted by Ernest Miller
Ben Compaine, author of Who Owns the Media?, analogizes citizens media to the frontier, as in Frederick Jackson Turner's The Frontier In American History (Peercasting as the New Western Frontier). [I]n 1893 [Turner] presented his view that the key component to the unique American character of democracy was the settlement of the American West. That is, the availability of vast stretches of free land away from the initial settlements of the East Coast provided a safety value for those who were dissatisfied with their circumstances. The seemingly endless western frontier offered anyone an opportunity to acquire a farm and become an independent member of society. Free land thus tended to relieve poverty in the Eastern cities while on the frontier it fostered greater economic equality.
What does this have to do with the media? Heres what: Though it may be a tad premature, in the equally unlimited expanses of information available through the Internet and its related ecosystem I see the makings of a similar safety value for expression and communication. Today it is Blogs, Live365 streaming radio and Podcasts. Tomorrow it is likely to be the video version of streaming radio and Vodcasting [PDF]. Better than a soapbox at Hyde Park Corner, reaching further than leaflets handed out in Times Square, more user-controlled than letters to the editor, peercasting may be for the Information Age what free land was for the late Agricultural/early Industrial Age....
Most Americans did not head West, though all knew that they could. The free land of the American West enabled those who were most motivated and most dissatisfied with the opportunities where they were to have hope. They did not see themselves as being stuck. Not every city slicker who headed West prospered. But it was the opportunity that helped shape them and the spirit of this country for over two centuries. And todays dissatified or motivated knew that, for the first time, they too will be heard.
Blogging and podding and vodding or whatever else these formats might be called should not be viewed as a veneer or a Potemkin Village of phantom access to the world stage. The move to the Western frontier was real. Similarly this digital outlet that gives voice to the leafleteer, corner orator or anyone with a point of view or a story to be told is real and meaningful. We saw in Howard Deans meteoric rise the power of the Internet is getting the word out and in raising money. It happened for the most part under the radar of the mainstream media.
In the next decades peercasting will be become the norm to one degree or another. It will not replace mass media but will add a significant dimension to what and how the media is viewed. And, I believe, peercasting will have an overall positive effect on the American -- and no reason why not the rest of the worlds experience with the expanded boundaries of this new frontier. I think thats how Frederick Jackson Turner would describe it. Wow.
I've copied a significant chunk of Compaine's posting (go read the rest!) because I think he has really hit on something important. There is really a lot going on here, just as there was in Turner's original frontier thesis.
We've often heard the internet analogized to the Wild West, but I've never really liked the metaphor of place. In many ways, I think it is misleading. Here, I believe, is the better metaphor: frontier. A frontier isn't a place, it is a process. Ever-changing, ever-growing, never tamed, the frontier is always just at the edge of "civilization". You can't pin down the frontier because as soon as you do, it has moved on.
The American frontier shaped people and institutions; it formulated a unique American character. I think citizens media may do something similar, though this time it won't be as restricted geographically. What changes, if any, might this new frontier have on the American character? How might the concept of "frontier" impact other nations?
If the internet is a frontier, it is an incredibly fast moving one. Where parts of the American frontier took years to settle, internet frontiers are settled much quicker. What effect does this have on the frontier thesis?
By the time Turner wrote his famous thesis, the frontier had officially closed. Will an electronic frontier close? How might we seek to prevent it?
Does the open source movement also play a role in this frontier? I would think so, yes.
Lots of questions, I know, but I now have a lot to think about and chew over. I leave this post with a passage Turner quoted from Peck's New Guide to the West: Generally, in all the western settlements, three classes, like the waves of the ocean, have rolled one after the other. First comes the pioneer, who depends for the subsistence of his family chiefly upon the natural growth of vegetation, called the "range," and the proceeds of hunting. His implements of agriculture are rude, chiefly of his own make, and his efforts directed mainly to a crop of corn and a "truck patch." The last is a rude garden for growing cabbage, beans, corn for roasting ears, cucumbers, and potatoes. A log cabin, and, occasionally, a stable and corn-crib, and a field of a dozen acres, the timber girdled or "deadened," and fenced, are enough for his occupancy. It is quite immaterial whether he ever becomes the owner of the soil. He is the occupant for the time being, pays no rent, and feels as independent as the " lord of the manor." With a horse, cow, and one or two breeders of swine, he strikes into the woods with his family, and becomes the founder of a new county, or perhaps state. He builds his cabin, gathers around him a few other families of similar tastes and habits, and occupies till the range is somewhat subdued, and hunting a little precarious, or, which is more frequently the case, till the neighbors crowd around, roads, bridges, and fields annoy him, and he lacks elbow room. The preëmption law enables him to dispose of his cabin and cornfield to the next class of emigrants; and, to employ his own figures, he "breaks for the high timber," "clears out for the New Purchase," or migrates to Arkansas or Texas, to work the same process over.
The next class of emigrants purchase the lands, add field to field, clear out the roads, throw rough bridges over the streams, put up hewn log houses with glass windows and brick or stone chimneys, occasionally plant orchards, build mills, school-houses, court-houses, etc., and exhibit the picture and forms of plain, frugal, civilized life.
Another wave rolls on. The men of capital and enterprise come. The settler is ready to sell out and take the advantage of the rise in property, push farther into the interior and become, himself, a man of capital and enterprise in turn. The small village rises to a spacious town or city; substantial edifices of brick, extensive fields, orchards, gardens, colleges, and churches are seen. Broad-cloths, silks, leghorns, crepes, and all the refinements, luxuries, elegancies, frivolities, and fashions are in vogue. Thus wave after wave is rolling westward; the real Eldorado is still farther on.
A portion of the two first classes remain stationary amidst the general movement, improve their habits and condition, and rise in the scale of society. Thoughts?
Comments (10)
+ TrackBacks (0) | Category: Blogging and Journalism | Broadcatching/Podcasting | Culture | Freedom of Expression | Internet | Journalism | Network Law
Blink ›
Whither the Moviegoer?
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Librarians Gone Wild (with Videogames)
Jenny Levine reports on the good times had by librarians at the "Gaming@YourLibrary" presentation. I've always thought that videogames have a place in libraries, and The Shifted Librarian is making it happen (Gaming @ Your Library Sessions Blogged!). See also, Gaming Photos Up on Flickr. Several people told me that they hadn't expected to enjoy themselves so much, and that you truly don't understand gaming until you experience it yourself. You haven't lived until you've seen a roomful of librarians competing against each other in Mario Kart and DDR! In fact, several people stayed after the second session ended just to keep playing (and I think Dan B. probably stopped to purchase a PlayStation and DDR package on his way home!). We even had a few extra minutes to let some of our staff play, including our executive director, Alice Calabrese!
posted by Ernest Miller |
|
# |
0 |
0
May 26, 2005
Blink ›
Digital Media Allows for More Complexity
Red Herring's Blog has a thought-provoking entry regarding how newer digital media is allowing us to experience media in ever-richer forms, part of why Steven Berlin Johnson's Everything Bad is Good for You is right (I Like to Watch): Arguably, one reason you can have shows as complex as The Sopranos is that video lets you go back to a story and catch what you missed the first time. It's no coincidence that Twin Peaks was the first great hit of the VCR age: I had friends who watched Agent Cooper's surreal dream, in which he discovers who killed Laura Palmer, frame by frame. Forget doing anything that involved with TV before video. Likewise, George Lucas can throw Corellian star cruisers and first-generation Tie fighters on the screen with abandon, safe in the knowledge that we'll be able to watch a dogfight over and over again, and sort out the complexity of a scene over time.
posted by Ernest Miller |
|
# |
0 |
0
May 25, 2005
Blink ›
Whales are Masters of Remix Culture
Joi Ito spent some time with Dr. Roger Payne, who is an expert in whale song, having actually been the one who discovered that humpback whales sing songs (Masters of Remix - The Humpback Whale). Some interesting facts: [Humpback whales] copy from each other, remixing the songs and add to the songs. These songs evolve over time and riffs got passed from whale to whale across the world. Expect some whale songs to enter our land-based Creative Commons soon. UPDATE 1640PT - There is no truth to the rumors that the RIAA will be calling for abrogation of Art. 65 of the United Nations Convention on the Law of the Sea, which protects whales from indiscriminate slaughter.
posted by Ernest Miller |
|
# |
0 |
0
May 24, 2005
Posted by Ernest Miller
Eric Goldman points to an interesting and amusing paper on the real world impact of virtual worlds (Compartmentalization v. Immersion in Virtual Worlds). The paper discusses whether a virtual cow farm game (Vacheland.com "cow country" [French]), developed for a French agricultural region "to explain the complexities of agriculture while creating a new image of farming," succeeded in changing citizens' attitudes towards farming (conclusion: only limited success, if that).
Read the 10-page paper: Can Simulation Games Influence Citizen's Attitude and Behaviour Vis-a-Vis Online Public Debate? [PDF]
Although more than 320,000 people visit the website daily to care for their virtual cow, it has not changed their attitudes toward actual cows much (though cow merchandise has done well). For some the game was a nostalgia trip to the simple farm life. Others viewed the game as just another fiction, like Babe. The concern however, was a creeping Disneylandization of consumption: "When I go to a market, I am in 'real life' so I buy milk and yoghurt without thinking about my cow. Breeding games stay at home in my PC". "For me, my virtual breeding never mix with my real life. Thus, when choosing butter, milk or whatever, I absolutely do not think about my virtual cow. I may think of it when going to the countryside, if I see a cow or a Massey-Fergusson tractor, I'd smile and say 'I've the same at home!' but usually there's no crossover."
..."However, I am a big plush fan, and it's different! When I am in a store in the toy department, I have to restrain myself from running to the plush and check for cows or pigs. Plush cows are quite easy to find, for pigs it's more difficult." Of course, technical problems in the game caused some serious negative feedback: My opinion on this institution [the Regional Council] has really changed. I started with a very happy and positive image. Now it makes me sick! This institution has manipulated us all, as politicians manipulate everybody. If I were French and coming from this region, I'd be ashamed of my local officials!" Well worth reading.
Comments (0)
+ TrackBacks (0) | Category: Culture | Games
Blink ›
Quality Can Be Found Anywhere on the Long Tail
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Pirates, Sharers, Traders and Hoarders
Brother Dana Blankenhorn looks at a new form of behavior among filesharers: file hoarding (File Hoarders Get BitTorrent Win). I think the word hoarding says more about the motives of the users, and the way toward ending the practice, than anything else. Thanks in part to the industry's rhetoric, and in part to its actions, many lovers of music and other files are afraid they will lose access to the culture they crave. Thus they demand to have physical copies of its artifacts, and grab all they can. It's classic hoarding behavior. But time is the limit here, not space. You can only listen to one song at a time, watch one movie at a time. It doesn't matter how big your collection is, the only way to get enjoyment out of it is to play the files. If this is indeed an emerging copynorm, it may provide some clues as to potential future business models.
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
The Superiority of Playlists to Channels
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
There Are Many Long Tails
David Weinberger explains that there isn't simply one "long tail," there are many (The Shape of the Long Tail): The long tail looks like, well, a long tail when in fact it's a fractal curlicue of relationships. It's more like a squirrel's tail than a monkey's. When marketing folks don't understand that, they confuse the long tail with an opportunity to do one-to-one marketing, treating each person as a "market of one," instead of seeing that the ones are in conversation with other ones. The better to understand citizens' media by.
posted by Ernest Miller |
|
# |
0 |
0
Posted by Ernest Miller
Prof. Michael Froomkin has published the introduction and final section of the conference draft of "Building the Bottom Up from the Top Down," a paper that he'll be giving at a seminar in Paris this weekend. As the title implies, Froomkin is looking at what top-down orgainzations, particularly governments, can do in order to stimulate bottom-up self-organization: The government's role should be facilitative yet entirely content-neutral. Even ostensibly non-political rules such as one that limited subsidies to non-political activities should be avoided. Human time and energy is limited. thus, even if one could craft a program that had no class-based discrimination, any rule subsidizing gardening but not community organizing would inevitably cause a shift of time and energy away from politics towards the subsidized activities. If, as Habermas persuasively argues, public engagement is already too weak then it makes no sense to discriminate against it.
Thus, the state's ideal role is primarily in creating a climate in which groups can form, and resources that they can use to organize themselves, govern themselves, and achieve their aims. Given the speed at which communities such as Slashdot (with more than half a million members) and the so-called blogisphere are forming, much may be achievable without much in the way of direct state intervention. There are, nonetheless, some areas where government action would be helpful and appropriate. Froomkin seeks comments here: Building the Bottom Up from the Top Down.
Read the whole thing.
Comments (0)
+ TrackBacks (0) | Category: Culture | Freedom of Expression | Internet | Network Law | Open Access
May 23, 2005
Posted by Ernest Miller
Geoffrey Alan Rhodes is an instructor and graduate student at the State University of New York at Buffalo and filmmaker. His latest work is tesseract, a 20 minute experimental film telling the story of Eadweard Muybridge's obsession with time and its image at the turn of the century as well as his murder of his wife's lover. Tesseract has been awarded the prize for Best Photography at the Jutro Filmu international film festival in Warsaw, Poland.
It's a heck of a film and really manages, I think, to express how revolutionary Muybridge's work is - not something easy to do.
I'm not blogging about this film simply because it is a good film, but because it demonstrates what it is like to be on the cusp of a new technology and way of viewing the world. To see the potentials of the future and reach beyond what exists at present for what might be. Seeing Muybridge's work is like reading science fiction written before the invention of movies. However, Muybridge was not simply some futurist who anticipated a new medium, but someone who brought us an entirely new way of looking at the world, someone who has shaped the very way we experience our lives.
I think the title tesseract, a hypercube, is incredibly apt. As in the "romance of many dimentions," Flatland, we often do not realize what it is that we cannot see. Muybridge helped us to see in a new dimension. We are still puzzling out some of the implications.
I often wonder who are our Muybridges are today.
Watch it.
via DocBug (who is the brother of Rhodes - congrats!)
Comments (0)
+ TrackBacks (0) | Category: Culture
May 19, 2005
Blink ›
Fan Films Screened at Cannes
posted by Ernest Miller |
|
# |
0 |
0
May 18, 2005
Blink ›
Cory, Cory, Cory
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Life Imitates Sim City
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
The Varities of Crawford's Experiences
posted by Ernest Miller |
|
# |
0 |
0
May 17, 2005
Posted by Ernest Miller
JD Lasica has just published Darknet and will be publishing stories and analysis from the book in weekly installments. Unfortunately, we won't be getting the entire book online, but we will get a weekly sample. There are two posts so far:
Darknet Mini-Book: Introduction Darknet is not another book about the excesses of copyright law -- not really. It's a look at the future of future of movies, television, computing, music, games, art and more -- and the choice we face as a society....
Now, about the title. Throughout this book, Darknets simply refer to underground or private networks where people trade files and communicate anonymously. But I want to suggest two deeper meanings as well.
First, the Darknet is a metaphor for the hidden-away matter of the Webthe burgeoning pool of weblogs, independent sites, and grassroots media well outside the limelight of Big Media. Collectively, this long tail, as Wired editor-in-chief Chris Anderson put it, far outweighs all the bright material of the commercial Web sites with their seemingly impressive vast swaths of traffic. The dark tail is where the hope and promise of the Web resides.
Second, Darknet serves as a warning about a world where digital media become locked down, a future where the network serves not the user but the interests of Hollywood and the record industry. More and more activity on the open Internet will be pushed into the underground if current anti-innovation trends continue.
Darknet Mini-Book: The Teenage Filmmakers
The best darn fan film you'll never see.
Read it all.
Comments (0)
+ TrackBacks (0) | Category: Copyright | Culture | News
Blink ›
AOL Wants IM Integrated With Videogames
Corante's Get Real notes that AOL is releasing a software developer kit (SDK) so that videogame creators can integrate AIM and ICQ functionality into their videogames - IM with friends while you waste far too much of your time on a leveling treadmill (AOL Releases Kit for Game Developers to Integrate AIM and ICQ). What took them so long? And when will they stop being so proprietary? This is actually a development worth following.
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
Ourmedia Surpasses 5,000th Upload Milestone
Ourmedia.org, which "provide free storage and free bandwidth for your videos, audio files, photos, text or software. Forever. No catches.", has surpassed its 5,000th upload in a little over two months of operation (Ourmedia.org Surpasses 5,000 Uploads). Congrats!
posted by Ernest Miller |
|
# |
0 |
0
May 16, 2005
Blink ›
Videogames and Libraries
It doesn't sound as if Jenny Levine is going to be at E3, but she should as she continues to proselytize videogames and videogame playing in libraries (Grant Us Some Gaming): Our plan is to submit a grant to put together a gaming package, much like the one Erin Helmrich and Eli Neiburger are going to show off at our May 26 Tech Summit (just 3 seats left!), except that ours will be a traveling road show. We want to get a number of MLS libraries to commit to the idea of gaming tournaments using the traveling road show. MLS will coordinate scheduling the equipment and can house it when not in use, but participating libraries would hold their own tournaments in their own buildings for their own patrons. The winner from each library would then go on to a championship tournament with bigger prizes at stake. The whole thing would be ongoing, with the championship possibly being an annual event. Imagine being crowned master chief of Chicagos south and west suburbs! (Not that well be using Halo as one of the games, but you get the idea
.) I actually think this is a pretty good idea. Libraries are about spreading ideas, not simply books. They've brought in music, movies ... why not videogames?
posted by Ernest Miller |
|
# |
0 |
0
Blink ›
50 Films for $.055 Each
TreeLine Films provides a whole series of DVD megapacks - 50 movies in a single genre (DVD Mega Packs from TreeLine Entertainment). For example, you have SciFi classics, which includes such classics as Robot Monster and Bride of the Gorilla. Classics, I say, classics. What totally rocks, though, is the price: $0.55/movie (which probably means they're in the public domain). Walt Crawford is attempting to review two of these megapacks ... it'll probably take him months if he doesn't go insane first (SciFi Classics 50-movie Pack, Disc 1) All things considered, this [The Amazing Transparent Man] isnt awful. Mediocre but not awful. They did come up with one way to get rid of the mad scientists lab in a remote house (or, in this case, the scientist forced to work for a mad ex-military man who wants to create an army of invisible soldiers to sell to the highest bidder, and who keeps the scientist in tow by locking his beautiful daughter away): Since the transparency process relies on exotic radioactive materials (and reduces the lifespan of its subjects to, oh, two or three weeks from first invisibility), the lab disappears in a mushroom cloud shortly before the end of the movie.
posted by Ernest Miller |
|
# |
0 |
0
May 15, 2005
Blink ›
Notes from the Planet Gallifrey in the Constellation Kasterborous
posted by Ernest Miller |
|
# |
0 |
0
May 14, 2005
Blink ›
Ode to Analog Copy Degradation
Digital Poetics has an interesting post, a sort of ode to analog multi-generatio |