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March 5, 2014

[berkman] Karim Lakhani on disclosure policies and innovation

Karim Lakhani of Harvard Business School (and a Berkman associate, and a member of the Harvard Institute for Quantititative Social Science) is giving a talk called “How disclosure policies impact search in open innovation, atopic he has researched with Kevin Boudreau of the London Business School.

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

Karim has been thinking about how crowds can contribute to innovation for 17 years, since he was at GE. There are two ways this happens:

1. Competitions and contests at which lots of people work on the same problem. Karim has asked who wins and why, motives, how they behave, etc.

2. Communities/Collaboration. E.g., open source software. Here the questions are: Motives? Costs and benefits? Self-selection and joining scripts? Partner selection?

More fundamentally, he wants to know why both of these approaches work so well.

He works with NASA, using 600K users world wide [pdf]. He also works with Harvard Medical School [more] to see how collaboration works there where (as with Open Source) people choose their collaborators rather than having them chosen top-down.

Karim shows a video about a contest to solve an issue with the International Space Station, having to do with the bending of bars (longerons) in the solar collectors when they are in the shadows. NASA wanted a sophisticated algorithm. (See . It was a two week contest, $30K price. Two thousand signed up for it; 459 submitted solutions. The winners came from around the globe. Many of the solutions replicated or slightly exceeded what NASA had developed with its contractors, but this was done in just two weeks simply for the price of the contest prize.

Karim says he’ll begin by giving us the nutshell version of the paper he will discuss with us today. Innovation systems create incentives to exert innovative effort and encourage the disclosure of knowledge. The timing and the form of the disclosures differentiates systems. E.g., Open Science tends to publish when near done, while Open Source tends to be more iterative. The paper argues that intermediate disclosures (as in open source) dampen incentives and participation, yet lead to higher perrformance. There’s more exploration and experimentation when there’s disclosure only at the end.

Karim’s TL;DR: Disclosure isn’t always helpful for innovation, depending on the conditions.

There is a false debate between closed and open innovation. Rather, what differentiates regimes is when the disclosure occurs, and who has the right to use those disclosures. Intermediate disclosure [i.e., disclosure along the way] can involve a range of outputs. E.g., the Human Genome Project enshrined intermediate disclosure as part of an academic science project; you had to disclose discoveries within 24 hours.

Q: What constitutes disclosure? Would talking with another mathematician at a conference count as disclosure?

A: Yes. It would be intermediate disclosure. But there are many nuances.

Karim says that Allen, Meyer and Nuvolari have shown that historically, intermediate disclosure has been an important source of technological progress. E.g., the Wright brothers were able to invent the airplane because of a vibrant community. [I'm using the term "invent" loosely here.]

How do you encourage continued innovation while enabling early re-use of it? “Greater disclosure requirements will degrade incentives for upstream innovators to undertake risky investment.” (Green & Scotchmer; Bessen & Maskin.) We see compensating mechanisms under regimes of greater disclosure: E.g., priority and citations in academia; signing and authorship in Open Source. You may also attract people who have a sharing ethos; e.g., Linus Torvalds.

Research confirms that the more access your provide, the more reuse and sharing there will be. (Cf. Eric von Hippel.) Platforms encourage reuse of core components. (cf. Boudreau 2010; Rysman and Simcoe 2008) [I am not getting all of Karim's citations. Not even close.]

Another approach looks at innovation as a problem-solving process. And that entails search. You need to search to find the best solutions in an uncertain space. Sometimes innovators use “novel combinations of existing knowledge” to find the best solutions. So let’s look at the paths by which innovators come up with ideas. There’s a line of research that assumes that the paths are the essential element to understand the innovation process.

Mathematical formulations of this show you want lots of people searching independently. The broader the better for innovation outcomes. But there is a tendency of the researchers to converge on the initially successful paths. These are affected by decisions about when to disclose.

So, Karim and Kevin Boudreau implemented a field experiment. They used TopCoder, offering $6K, to set up a Med School project involving computational biology. The project let them get fine-grained info about what was going on over the two weeks of the contest.

700 people signed up. They matched them on skills and randomized them into three different disclosure treatments. 1. Standard contest format, with a prize at the end of each week. (Submissions were automatically scored, and the first week prizes went to the highest at that time.) 2. Submitted code was instantly posted to a wiki where anyone could use it. 3. In the first week you work without disclosure, but in the second week submissions were posted to the wiki.

For those whose work is disclosed: You can find and see the most successful. You can get money if your code is reused. In the non-disclosure regime you cannot observe solutions and all communications are bared. In both cases, you can see market signals and who the top coders are.

Of the 733 signups from 69 different countries, 122 coders submitted 654 submissions, with 89 different approaches. 44% were professionals; 56% were students. The skewed very young. 98% men. They spent about 10 hours a week, which is typical of Open Source. (There’s evidence that women choose not to participate in contests like this.) The results beat the NIH’s approach to the problem which was developed at great cost over years. “This tells me that across our economy there are lots of low-performing” processes in many institutions. “This works.”

What motivated the participants? Extrinsic motives matter (cash, job market signals) and intrinsic motives do too (fun, etc.). But so do prosocial motives (community belonging, identity). Other research Karim has done shows that there’s no relation between skills and motives. “Remember that in contests most people are losing, so there have to be things other than money driving them.”

Results from the experiment: More disclosure meant lower participation. Also, more disclosure correlated with the hours worked going down. The incentives and efforts are lower when there’s intermediate disclosure. “This is contrary to my expectations,”Karim says.

Q: In the intermediate disclosure regime is there an incentive to hold your stuff back until the end when no one else can benefit from it?

A: One guy admitted to this, and said he felt bad about it. He won top prize in the second week, but was shamed in the forums.

In the intermediate disclosure regime, you get better performance (i.e., better submission score). In the mixed experiment, performance shot up in the second week once the work of others was available.

They analyzed the ten canonical approaches and had three Ph.D.s tag the submissions with those approaches. The solutions were combinations of those ten techniques.

With no intermediate disclosures, the search patterns are chaotic. With intermedia disclosures, there is more convergence and learning. Intermediate disclosure resulted in 30% fewer different approaches. The no-disclsoure folks were searching in the lower-performance end of the pool. There was more exploration and experimentation in their searches when there was no intermediate disclosure, and more convergence and collaboration when there is.

Increased reuse comes at the cost of incentives. The overall stock of knowledge created is low, although the quality is higher. More convergent behavior comes with intermediate disclosures, which relies on the stock of knowledge available. The fear is that with intermediate disclosure , people will get stuck on local optima — path dependnce is a real risk in intermediate disclosure.

There are comparative advantages of the two systems. Where there is a broad stock of knowledge, intermediate disclosure works best. Plus the diversity of participants may overcome local optima lock-in. Final disclosure [i.e., disclosure only at the end] is useful where there’s broad-based experimentation. “Firms have figured out how to play both sides.” E.g., Apple is closed but also a heavy participant in Open Source.


Q: Where did the best solutions come from?

A: From intermediate disclosure. The winner came from there, and then the next five were derivative.

Q: How about with the mixed?

A: The two weeks tracked the results of the final and intermediate disclosure regimes.

Q: [me] How confident are you that this applies outside of this lab?

A: I think it does, but even this platform is selecting on a very elite set of people who are used to competing. One criticism is that we’re using a platform that attracts competitors who are not used to sharing. But rank-order based platforms are endemic throughout society. SATs, law school tests: rank order is endemic in our society. In that sense we can argue that there’s a generalizability here. Even in Wikipedia and Open Source there is status-based ranking.

Q: Can we generalize this to systems where the outputs of innovation aren’t units of code, but, e.g., educational systems or municipal govts?

Q: We study coders because we can evaluate their work. But I think there are generalizations about how to organize a system for innovation, even if the outcome isn’t code. What inputs go into your search processes? How broad do you do?

Q: Does it matter that you have groups that are more or less skilled?

A: We used the Topcoder skill ratings as a control.

Q: The guy who held back results from the Intermediate regime would have won in real life without remorse.

A: Von Hippel’s research says that there are informal norms-based rules that prevent copying. E.g., chefs frown on copying recipes.

Q: How would you reform copyright/patent?

A: I don’t have a good answer. My law professor friends say the law has gone too far to protect incentives. There’s room to pull that back in order to encourage reuse. You can ask why the Genome Project’s Bermuda Rules (pro disclosure) weren’t widely adopted among academics. Academics’ incentives are not set up to encourage automatic posting and sharing.

Q: The Human Genome Project resulted in a splintering that set up a for-profit org that does not disclose. How do you prevent that?

A: You need the right contracts.

This was a very stimulating talk. I am a big fan of Karim and his work.

Afterwards Karim and I chatted briefly about whether the fact that 98% of Topcoder competitors are men raises issues about generalizing the results. Karim pointed to the general pervasiveness of rank-ordered systems like the one at TopCoder. That does suggest that the results are generalizable across many systems in our culture. Of course, there’s a risk that optimizing such systems might result in less innovation (using the same measures) than trying to open those systems up to people averse to them. That is, optimizing for TopCoder-style systems for innovation might create a local optima lock-in. For example, if the site were about preparing fish instead of code, and Japanese chefs somehow didn’t feel comfortable there because of its norms and values, how much could you conclude about optimizing conditions for fish innovation? Whereas, if you changed the conditions, you’d likely get sushi-based innovation that the system otherwise inadvertently optimized against.

[Note: 1. Karim's point in our after-discussion was purely about the generalizability of the results, not about their desirability. 2. I'm trying to make a narrow point about the value of diversity of ideas for innovation processes, and not otherwise comparing women and Japanese chefs.]

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October 16, 2013

[berkman] Zeynep Tufecki on the boom-and-bust cycle of social-media-fueled protests (with live reporting)

Zeynep Tufecki [twitter:zeynep] is giving a Berkman Tuesday Lunch talk titled “Gezi Park Protests & the Boom-Bust Cycle of Social Media Fueled Protest.” She says that surveillance and social media + protest are two of her topics, so swhen protests broke out in her home country of Turkey, she felt she really had to study it. She is today presenting issues she is still working through.

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

She says that on the positive side of the role of social media on politics, we see lower coordination costs, the ability to shape the narrative, and an ability to overcome internal prejudice. On the negative: slacktivism, surveilliance, and propaganda. For her the lower costs cause the boom-bust cycle in social media-fueled activism. There are many questions she says, including why most of these social-media fueled protests fizzle out.

People usually argue about the wrong questions, Zeynep says. Instead, she suggests that we stop looking so much at the outputs of social media-fueled protests and instead at their capacity-building. Also, stop using offline or online as the important differentiation, and instead look at them in terms of what they signal.

She gives some background on Gezi, Turkey. The media focused on Taksim Square in Istanbul, but the action was actually in Gezi park. Prime Minister Erdogan wanted to turn the park into a developed area with housing, a shopping mall, and an old Ottoman barracks. This was an unpopular plan, and was taken as a symbol for wider discontent. Neighborhood people held a small protest. Maybe 30 people. But it was met with overwhelming force, which raised fear of the gov’t become authoritarian. People took to the streets. Turkish media are owned by large corporate conglomerates in cahoots with the gov’t. CNN locally was running shows about penguins, while CNN International was covering the protests. “So people got upset and took to Twitter and to the streets” (including an image of penguins in gas masks).

via Turkish Press Review Blog

After multiday clashes in the area, “coordinated and spread almost solely on social media,” Gezi Park was Occupied. (Zeynep stresses that Turkey, unlike, other countries nearby, has a popularly-elected gov’t.) Zeynep joined in, packing an audio recorder, a bike helmet, and a tear gas mask. And sun protector lotion because statistically, she says, she felt most threatened by the Sun.

A single party had been in power in Turkey for 11 years. The country was polarized, but with an ineffective opposition. There are barriers to creating new parties (you have to get 10% to get any seats), which means the country is locked into an ineffective opposition.

At first the occupation was like a fair: clean, kitchens that were feeding 10K people, and like a carnival in the evenings because of the visitors. Occasionally, you’d get tear gassed. “Woodstock meets the Paris Commune.” She shows a picture of a Sufi whirler wearing a gas mask. People were finding politics.

There was “one no, many yes-es,” [an anti-globalization meme] which Zeynep argues is an Internet phenomenon. Turks who normally would never talk with one another found each other in the park.

There’s the free-rider question. Even if the protest itself were a festival, the costs would be real: Five people died, thousands were injured by tear gas cannisters which can be lethal.

The protestors’ main grievances were: growing authoritarianism, media censoprship, and police brutality. (Source: Zeynep formally interviewed 130 people.)

The Net’s role was to break the censorship, create a new narrative, and to coordinate. She looks at each of these:

The media censorship was incredible. CNN Turkey showed a soccer match as protestors were being chased down the city’s main street. Protestors used Twitter in part because there were too many family members on Facebook. “Ironically, Twitter became more essential because it was more public.” Twitter’s blue bird became the symbol of freedom, in part because people trusted Twitter not to turn over names. Also: lots of penguins.

Real-time coordination: Overall, the Net worked. People coordinated in real time via Twitter. Local businesses turned on open Wifi. People would text to others who then tweeted.

People learned new literacies, especially who to trust. One Twitter stream only tweeted citizen journalism if it came with a photo, to increase credibility.

Counter narrative: Very youth and humor oriented. People came because it was a great place to be, even with the tear gassings. People felt fairly confident that they wouldn’t get shot at, similar to Western Europe or the US.

Leadership: There were 130 organizations, but no central leadership. Much of it was ad hoc, which worked because of social media.

After a few weeks, the protest was brutally dispersed, and then it moved to local parks and neighborhoods. When it broke up, the govt mostly decided to treat the protestors the way GW Bush treated the anti-Iraq War protests: not as a threat, but more like merely a focus group.

Capacity building: Look at capacity, not outcomes. E.g., look at literacy, not GDP (Amatyra Sen). Internet’s capacity-building renders other forms of capacity-building less useful.

The online and offline are one ecology. (She’s looking here at post-citizen protests, i.e., protests were the participants are already recognized as citizens).

The Net lowers the barriers for the resources necessary for protest. No one planned the Gezi protests. They just arose.

So what do protest do? They grab attention, promote social interaction, reveal info, and signal capacity. Her thesis: Internet protests don’t signal the same way as pre-Internet. The Net gains attention without media mediating. Media dependency brings distortion, censorship, and counter propaganda — but also dominance, focus, and singular narrative. Media attention pre-Net often signaled elite dissent. With the Net, movements can get attention on their own terms, but can’t get a singular or dominant narrative. “Since there is no single elite voice, there is no reliable way to signal elite dissent.” Now you can’t get away from polarized narratives.

For social interaction capacity, it’s a big win for the movements. It’s much easier to find people like you on the Net. “The Internet is a homophily machine.” Unfortunately, this doesn’t work just for the movements you like. e.g., the anti-vaccine movement. It’s a win for social movements, but there will be many more movements.

Info revelation. Pluralistic ignorance = you think you’re the only one who is thinking something. The Net gets us past that, e.g., Facebook pages. But, then there are bandwagon/cascade effects.

Signaling: Protests as “stotting.” (“Stotting” = animals jumping up in the bush.) One explanation: it signals how strong you are and thus how fast you can run. Before the Net, because there wasn’t an easy way to organize, if you got a million people to DC, you’re signaling that you have an infrastructural capacity far beyond those million. Now, getting lots of people in the street doesn’t signal the threats that modern govts care about. Even when there are costs, those costs don’t signal the capacity to hurt the govt in ways the govt cares about. So, slacktivism is a bad argument; it’s not the cost of typing that’s being signalled.

Network internalities for social media-fueled protests are weaker. The Left doesn’t celebrate building network internalities because the Left sidesteps important tensions (leadership, representation, delegation). “Side stepping those tensions means that after the street protests, things are more unclear for the Left.” The Left is unable to negotiate, which is why so many movements are stuck at no. The Net allows them to sidestep developing ways to negotiate, etc. The Right, on the other hand (e;g., Tea Party) is comfortable challenging primaries.

To sum up: Look at the building of capacities, not how many people show up. This explains why there’s a repeated cycle where the protests are unable to engage in effective negotiation, representation, pressure, and delegation.


Q: What other than Twitter is being used?

A: In Gezi, people knew how to post to Twitter by texting. And Twitter gained the users’ trust. Facebook was important for longer conversations. People collected photos on Tumblr. A lot of blogging, etc. But Twitter was how protesters talked with one another. Turkey isn’t a client state and didn’t need to appeal to America. And hashtags were dropped, so analytics miss just how big it was.

Q: [me] Is the Left stuck forever not being able to get past protests to actual change?

A: In Google Egypt Wael Ghonim was identified as a leader, and he was picked up for questioning. But he couldn’t have coerced a change even if he’d wanted to. I’m not saying this is great. At Gezi, the govt said “Let’s negotiate.” But who do you send? They sent people from the traditional NGOs, but they had no representational capacity. They listend to the Prime Minister. But they weren’t empowered to negotiate. The govt was genuinely frustrated that they couldn’t find a negotiating partner. So after the negotiations, there were some demands, they came back to the park. It’s 3 or 4am. They’re trying to explain what happened. People were confused. There was no way to deal with it. The next day, the protestors formed little forums, but how do you decide which to listen to? Some people were ready to accept it an go. People wanted consensus. But consensus has meant “a lot of social pressure.” That doesn’t work in the modern city. So where do we go with this? It can’t just be technology. There has to be a recognition among Left movements that if you can’t ever delegate or negotiate, then you’re stuck at No. The Right isn’t like this. The Right is using social media to make really significant strides. They’ve blocked the President’s agenda. They’re getting elected in Europe. They Left is unable to get together enough to address the 30-40% unemplyment in Spain. The big visible protests are Left wing. The big visible gains are Right wing.

Q: You said there were about 150 social groups involved in the movement. What was the relation between how they organize this protest and …?

The 150 groups didn’t represent the people on the ground. The groups formed the leadership because they were there, but people on the ground didn’t think of themselves as being there as members of those groups. The traditional NGOs had no capacity to lead, and didn’t understand that.

Q: I was a protestor in Ankara. I was tear gassed three times. Tastes good. How can we orient this approach to be an alternative to the traditional opposition structure? The classic opposition parties in Turkey do not represent the young people, the democratic-based people.

A: We have a huge crisis in opposition representation. The classic opposition parties do not represent the young generation. The young are big on pluralism, for example. There’s no party that represents the live-and-let-live ethic among the protestors. E.g., the young have no polarization around the head scarf issue: “They should if they want to, and not if they don’t want to.” That’s not represented in Parliament. The electoral system blocks the formation of new parties because of the 10% barrier. But, also, the young have a cultural allergy to representation because in traditional politics they see corruption, not representation.

Q: But there’s a trend in the Turkish community to do something. We have to find an alternative.

A: What motivates the existing govt is people losing office.

Q: How many companies offer Internet facilities in Turkey?

A: The backbone goes through one and then it’s sold to companies that can sell access. Great for surveillance. But it’s not the same concern as elsewhere, which is why people felt safe tweeting. Turkey is probably more wired than the US, which isn’t saying so much. Smartphones are necessary just to coordinate meeting up. Much lateness.

Q: In India, we have two successful models. The protests against the rape case were done through FB. An anti-corruption movement was able to organize millions of people throughout the country. But how do you coalesce these energies, give it a shape? But a word of caution: Panic about people from the northeast of India spread throughout the country thanks to social media, leading to killings.

The biggest case of non-state terrorism happened in Pakistan because of a video. Is the Internet good or bad? Yes.

Q: Is protest never effective?

A: Numbers still matter. But it depends on what it’s signaling, which also depends on context. If it signals than we’re here and we’re going to challenge you in your weak point, then yes…

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April 9, 2013

[berkman] Derek Khanna on connecting the dots

Derek Khanna is giving a Berkman talk on trying to connect the dots so that policy-makers “get it.” “How do we even frame discussions about the economy and innovation?” Copyright law hasn’t been re-assessed in at least 15 yrs, he says. He begins with his bakcstory: He’s from Mass. Worked for Romney and Scott Brown. (Derek wrote the copyright reform report for the Republican Study Group.)

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

Rule 1: “Being right is just part of the battle.” Rule 2: “It’s less important what you say…It’s most important who says it.” Rule 3: “Control the framing of the issue.” E.g., we [copyright reformers] frame copyright very differently than does Capitol Hill.

Take SOPA. He quotes Adam Green saying it’s not a matter of right vs. wrong but old vs. new. Staffers had been warning about SOPA, but suddenly the public engaged. The result was astounding: Co-sponsors became opponents of the bill. Derek says it wasn’t Google that killed SOPA. It was the 3 million people reaching out to Congress that killed it. “People like Elizabeth Stark, Alexis Ohanian [reddit] and Aaron Swartz.” The RIAA and MPAA like to frame it as having lost to Google rather than having lost to the American people. (He points to a Mario Savio speech that begins “There’s a time when the operation of the machine becomes so odious…”) SOPA remains very much on Congress’ mind, he says.

The framing was “perfect”: SOPA will censor the Internet and inhibit innovation.

Most conversations about copyright are framed as: Piracy is rampant, costing American jobs. Content is a crucial export, “the only thing produced in US any more.” Copyright is thus good, but more copyright is better.

Derek set out to reframe it in his “Three Myths of Copyright.” At a panel he asked “Who thinks terrorism is bad? Who thinks the TSA is only the way to protect us?” Likewise, is copyright the only way to protect content when it makes 23M Americans into felons? He points to the difference between the original copyright law and the current one. To conservatives, it can be framed as looking like a wild divergence from the original intent.

The “Three Myths” memo went out and was supported by conservatives until 24 hours later when it was pulled. A few weeks later, Derek was fired. He’s continuing but he thinks that when you’re on the outside, you have to fight small, strategic battles.

Idea + Movement + Effort = Legislation

A few weeks ago the head of the copyright office endorsed many of the reforms in “Three Myths,” updating copyright for the digital generation. The day before the content industry made the old argument in Roll Call. The other side isn’t countering. The content lobby knows that Roll Call is read by Congress. We need similar expertise.

How do we start?

  1. Don’t wait for the next SOPA. They’re going to be much subtler in how they do it next time. Sites are still being taken down, e.g., Megaupload. Also funding mechanisms were cut off for ThePiratesBay. Also, Google was forced to take down links to torrents, etc. So, why would they come up with another SOPA? Instead they’re using international treaties to codify the DMCA forever, using stock language that gets replicated in treaties. These treaties only require Senate approval, or through executive actions. Therefore, we have to be more activist.

  2. We have to analyze existing law.

  3. We need support from both the left and the right

  4. We need to focus on areas of common interest where we can form a collective whole

  5. Asymmetrical warfare: Where are we strong and they’re weak? Where have they overplayed their hand? E.g., if you want to take on copyright law, that’s not asymmetric because there’s a strong argument on the other side.

“We lack the institutional capacity to quickly intervene in the political process in the way the content industry has. We therefore need to be smarter and more tactical.” We should start with smaller battles. We should avoid the narrative of “fighting the Man,” that companies are evil, etc. That won’t win over a party that sees itself as a party of business. “Instead, foster a David v. Goliath narrative.” That media like that narrative.

We should not talk about piracy. And even if the DMCA needs to be replaced, that’s a non-starter on Capital Hill.

Derek’s first campaign was on cellphone unlocking, after the Librarian of Copyright said it was now illegal (i.e., ending the DMCA exemption) to enable your phone to be used on a different carrier. Unlocking would increase competition among carriers. Derek wrote an article for The Atlantic that pointed out that the technology for the blind also has to be exempted every three years, a clear example of how the system is broken. Derek expected this issue to be hard. It didn’t get any mainstream media attention. It has a $32M lobbying effort on the other side. “That’s a problem on Capitol Hill: We don’t have a lobby for the future.” IT requires making hypothetical arguments.

But as the argument went on, examples emerged. E.g., Republic Wireless offers very cheap connectivity, but it depends on users bringing in unlocked phones.

Derek started a White House petition that got 114,000 signatures, the largest at the time. In part this worked because of people’s prior experience with SOPA. There were positive arguments on Left and Right. Left: It’s a matter of fairness. Right: Property rights. Derek added to this the value of innovation as a cross-party value.

After the petition, the FCC announced an investigation, and the White House came out in favor of unlocking. Before that, Derek had urged Congressfolks to come out in favor of it, if only because he was worried that after Obama came out in favor of repeal, the right would take the other side. But shortly after Obama endorsed, some conservatives came out in favor. Bills were introduced in both chambers.

Unfortunately, we have no way of mobilizing the 114,000 people who signed the petition; the names couldn’t be captured.

Why was it successful?

  1. They made it simple. (Also with SOPA: SOPA = censorship)

  2. Leveraged social media

  3. Utilized video

  4. Created a diverse coalition

  5. Gained mainstream credibility

  6. Channeled energies into a measurable demonstration of support

  7. Kept Congress in the loop

  8. Solid media narrative

  9. Avoided talking about piracy. Instead: competition, innovation, and property rights.

  10. It was unfair

  11. Everyone has a phone…

Derek presented this at a conservative org and got called a Marxist. Fox Business also: “You’re just against contracts.” “When you take up an issue, you have to know where your third rails are.” Response: The contract is between you and your carrier; the feds shouldn’t be arresting people for violating a contract.

Why is it important? It’s the first time Congress has questioned the DMCA. We might get a hearing on it. Congress is unaware of the implications of the DMCA. It also helped Congress realize that international treaties are being used as a backdoor for these restrictions. It may affect the Trans-Pacific Partnership treaty. And it helped identify allies.

Bottom line: “A free society shouldn’t have to petition its govt every 3 years to allow access to tech.” It’s akin to free speech, he says.

On the CFAA: “The statute is terrible.” There’s consensus about this. “But no one has written about in Weekly Standard or Politico.” It hasn’t reached Congress’ attention. Most members of Congress think that the sky is falling when it comes to cybersecurity. Every time a cybersec bill comes up, Congress has experts telling them that we are in deep peril. “Essentially the arguments for CFAA are that we need to reduce the DoJ’s discretion.” You have to defeat that training. Meet with Rogers or McCain or the other cyber-hawks and convince them that the CFAA needs to be reformed, that we can target hacking with a more narrowly focused bill.


Q: Can we try to drive a wedge in the opposition?

A: Yes. The RIAA’s and MPAA’s policies don’t foster innovation in their own industry. Over a 100 wireless carriers supported us on unlocking.

Q: You said that people who “get” tech are on the side of openness, etc. That optimistically suggests that if we educate people, they’ll take more common sense positions on tech.

A: Not entirely. Congress listens to people they trust, who are the RIAA, MPAA…

Q: …But even if Congressfolks fully understood tech, would the funds they get from the content industry still sway them?

A: Yes, some understand and still oppose us. But the ones who understand generally agree with us. The story is more complex: The MPAA/RIAA are very liberal, but the right still tend toward copyright protection.

Q: Why is the content industry so powerful, given the size of Google, etc.

A: AT&T and Verizon are both in the top ten of lobbying companies: $32M. Google spends about $6M on lobbying. “No tech company had a DC presence until Microsoft” when it was about to be broken up. Also, as the tech companies invest heavily to survive, say, patent law, why would you favor wholesale patent law change? Also, when the RIAA/MPAA sue kids, the money goes back into lobbying, not to the artists. They’re self-funding. But the tech industry has to justify why they’re spending money on lobbying.

Q: In Pakistan, piracy is rampant. Doesn’t that hurt innovation?

A: Piracy is real. But, those generally weren’t loss sales. The obsession with piracy is the problem.

Q: How about the role of public interest groups?

A: I’m a big fan of Public Knowledge and EFF, etc. But they need supplementing with more activist movements.

Q: If we focus on small victories, will people think we’re not doing enough? Will you have to keep winning bigger and bigger?

A: You can exist at a level for a while, if you’re strategic about it. Eventually you have to move on to bigger battles.

Q: How about the importance of multistake partnerships?

A: You need as many allies as you can. E.g., I’m interested in orphan works: in copyright but you can’t find the copyright holders. Our interests are in line with the RIAA.

A: Are we in a moment like the environmental movement before it formed under a single banner?

Q: I’m not an expert on the environmental movement. There are lots of lessons to be learned from them.

Q: Is there a schism in the conservatism over copyright reform?

A: I haven’t seen much of a schism. The best argument I’ve heard is the natural rights one: copyright ought to exist forever. But that’s not the system we’ve adopted. Our founding fathers rejected it. I’d like to build a cross-party coalition, but that’s a longtime goal.

Q: Did you get pushback on using the WH petition mechanism?

A: I got some from privacy folks.

Q: When we win a battle, the other side comes up with something more drastic. E.g., we won a first sale argument, but the right may be preparing something much more drastic. How can we avoid that?

A: I’m not sure they’re going to try to reverse the first sale doctrine, but we need to have our eyes open.

Q: What should we do right now?

A: We’d like to start to bring together the CISPA coalition.


December 3, 2012

Hollywood and Web

The video from the November 19 Berkman discussion of the intersection of Hollywood and the Web is now up.

Here’s the panel discussion before screening of We Made This Movie, with Rob Burnett (the movie’s co-writer/director) [twitter:robburnett1], Elaine McMillion, and me, moderated by Jonathan Zittrain.

After the film I led a Q&A with Rob:

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June 15, 2012

Interop: The podcast

My Radio Berkman interview of John Palfrey and Urs Gasser about their suprisingly wide-ranging book Interop is now up, as is the video of their Berkman book talk…

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June 4, 2012

Remixing the President

Aaron Shaw has a very interesting post on what sure looks like contradictory instructions from the White House about whether we’re free to remix photos that have been released under a maximally permissive U.S. Government license. Aaron checked in with a Berkman mailing list where two theories are floated: It’s due to a PR reflex, or it’s an attempt to impose a contractual limitation on the work. There have been lots of other attempts to impose such limitations on reuse, so that “august” works don’t end up being repurposed by hate groups and pornographers; I don’t know if such limitations have any legal bite.

Dan Jones places himself clearly on the side of remixing. Here’s the White House original:

And here’s Dan’s gentle remix:

Bring it, Holder! :)


May 30, 2012

The virtue of self-restraint

Last night was the annual Berkman dinner. Lovely. It inevitably turned into a John Palfrey love fest, since he is leaving Harvard very soon, and he is much beloved.

People stood and spoke beautifully and insightfully about what John has meant to them. (Jonathan Zittrain and Ethan Zuckerman in addition were predictably hilarious.) But Terry Fisher gave us an insight that was so apt about John and so widely relevant that I’ll share it.

Terry listed some qualities of John’s. The last he talked about started out as John’s very occasional sarcasm; he can be bitingly perceptive about people, but always in private. So, said Terry, JP’s remarked-upon and remarkable niceness and kindness are not due to naivete. Rather, they arise in part from another of John’s virtues: self-restraint. And, from that, said Terry, comes much of the kindness that generally characterizes the Berkman Center.

That struck me not only as true of John, but as such an important quality for civic discourse. Self-restraint is an enabling virtue: its exercise results in a further qualities that make life on a crowded planet more fruitful and enjoyable.

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March 16, 2012

Berkman Buzz

This week’s Berkman Buzz

  • Ethan Zuckerman unpacks ‘Kony 2012′ [link]

  • The metaLAB introduces the world to Biblio, your new library friend [link]

  • The CMLP explores the First Amendment issues surrounding the Fluke/Limbaugh incident [link]

  • Mako Hill encourages greater communication about DRM [link]

  • Aaron Shaw reviews a new paper on “wiki surveys” [link]

  • A Global Voices Guide to SXSW [link]

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March 3, 2012

[berkman] Berkman Buzz

This week’s Berkman Buzz

  • Ethan Zuckerman explores civic video [link]

  • Berkman & the MIT Center for Civic Media examine “truthiness” [link]

  • danah boyd announces The Kinder & Braver World Project: Research Series [link]

  • Mayo Fuster Morell reports on the OWS Forum on the commons [link]

  • The Internet & Democracy Project releases new paper on Internet’s impact on Russian politics, media, and society [link]

  • Zambia: Ban Ki-moon Calls on Nation to Respect Gay Rights [link]

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January 28, 2012

Berkman Buzz

This week’s Berkman Buzz

  • Jonathan Zittrain hosts Computers Gone Wild [link]

  • Yochai Benkler discusses the Megaupload indictment [link]

  • Zeynep Tufekci argues that Twitter’s new tweet blocking policy is good for free speech [link]

  • Wayne Marshall explores nationalism and tradition in Congolese hip-hop [link]

  • Ethan Zuckerman liveblogs the launch of David Weinberger’s “Too Big To Know” [link]

  • Weekly Global Voices: Serbia: The Media War Against Angelina Jolie [link]

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