March 2006

The AEI-Brookings Joint Center on Regulation yesterday released a statement by 25 top economists on broadband reform. The economists–an impressive group including airline deregulation pioneers Alfred Kahn and Elizabeth Bailey, former CEA member Richard Schmalensee, and FCC veterans Tom Hazlett, Greg Rosston and Howard Shelanski–make two recommendations:

1. Congress should eliminate local cable franchising regulations; and
2. Congress and the FCC should make more spectrum available to private parties, and allow them to use it or trade the right to use it, so that it will go to its highest-valued uses.

The bottom line, according to the group: “…investment in broadband should be as easy as possible. Regulations that primarily protect incumbents or serve as barriers to entry should be removed.”

Worth reading.

Google’s acquisition of Writely is another data point in support of Paul Graham’s thesis that hiring is obsolete. In a brilliant essay (and really, all of his essays are brilliant), he argues that for the smartest folks in the IT industry, it no longer makes sense to get a job at a big company:

The most productive young people will always be undervalued by large organizations, because the young have no performance to measure yet, and any error in guessing their ability will tend toward the mean.

What’s an especially productive 22 year old to do? One thing you can do is go over the heads of organizations, directly to the users. Any company that hires you is, economically, acting as a proxy for the customer. The rate at which they value you (though they may not consciously realize it) is an attempt to guess your value to the user. But there’s a way to appeal their judgement. If you want, you can opt to be valued directly by users, by starting your own company.

The market is a lot more discerning than any employer. And it is completely non-discriminatory. On the Internet, nobody knows you’re a dog. And more to the point, nobody knows you’re 22. All users care about is whether your site or software gives them what they want. They don’t care if the person behind it is a high school kid.

Graham thinks this model is the future:

I think this sort of thing will happen more and more, and that it will be better for everyone. It’s obviously better for the people who start the startup, because they get a big chunk of money up front. But I think it will be better for the acquirers too. The central problem in big companies, and the main reason they’re so much less productive than small companies, is the difficulty of valuing each person’s work. Buying larval startups solves that problem for them: the acquirer doesn’t pay till the developers have proven themselves. They’re protected on the downside, and they still get most of the upside.

Complete Control?

by on March 9, 2006

I think Jim DeLong underestimates the magnitude of the DRM challenge. He links to this article, about a new service called MovieBeam:

[I]s selling a $200 digital gadget prestocked with 100 movies–some in high definition–that you can rent at the click of a remote-control button for as little as $1.99. There’s no drive to the video store, no chance of a movie being out of stock, no monthly fee, no waiting for the mail. . . . The MovieBeam service doesn’t require a computer or Internet connection, and it operates independently of your cable or satellite provider. The MovieBeam box, which looks like a slim DVD player without a slot for DVDs, is basically a smart hard disk drive that connects to your TV and receives new films every week via a small, inconspicuous indoor antenna.

Why is this significant? DeLong tells us:

Continue reading →

In an earlier post, I made a normative criticism of the fact that the Rambo franchise transferred more than a billion dollars from consumers to producers. (And I will now kill myself for using the pretentiously scholarly word “normative.”)

My opinion is that creation of that character and associated entertainment was not worth a billion dollars. And I think it’s OK to have this opinion because the Constitution’s copyright/patent clause calls for policy judgments about the extent and scope of intellectual property protection.

I came across some discussion today about how much money the Mozilla foundation makes off the Firefox browser. The gossip is that they made $72 million dollars. It may be more; it’s probably less. And it’s interesting that Mozilla folks come across as defensive about making money. (That’s consistent with the IPCentral theme that open source and free culture people are anti-capitalist. OK. So what? Free to be wrong.)

So, while trying to avoid one, the Mozilla folks have stumbled into a new(ish) content business model, advertising-supported software. The difficulty with this business model is that a LOT of people have to like your product, and you don’t get paid Microsoftnormous amounts of money when they use it. Sounds suspiciously like life in a . . . competitive market.

Because Mozilla is not relying on copyright, I think they’re entitled to earn based on marginal value. But I see the income from the Firefox browser as potential evidence (among much more that is needed, and not itself definitive) going to where the copyright balance should be struck when we make that policy judgment.

Yesterday, the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee approved a report called the “Framework for Privacy Analysis of Programs, Technologies, and Applications.” It is a step-by-step checklist for reviewing security programs in light of their consequences for privacy and related values.

I’m a member of the Committee and worked hard on writing the document and moving it through the Committee. This renders the Privacilla press release about it bizarrely self-congratulatory. But, in it, I’ve said:

“Privacy” is a word used to describe many interests, including confidentiality, anonymity, seclusion, fairness, transparency, accountability, and liberty. These are things that all Americans believe in, want, and enjoy. As privacy advocates, we are asking for good government and pursuing values that most Americans hold dear. The DHS Privacy Committee’s Framework document helps make this clearer.

(With this ‘blog post, you can add bizarrely self-referential to bizarrely self-congratulatory.)

Along with the privacy discussion, the document calls for risk-based explanation of homeland security programs. The things DHS does should directly and logically address genuine risks to national security. It’s time to end the do-anything, do-everything stance that homeland security efforts have taken since 9/11.

Now that the DHS Privacy Committee’s Framework document is out, smart, focused national security can begin! Privacy and civil liberties can be restored! Birds can sing again!

Many media pundits are fond of saying that newspapers are a dying medium. That seems logical to many of us since we see the rapid proliferation of new media outlets and devices all around us. But the fact is that a heck of a lot of people still read newspapers every day.

Want some rather shocking proof of that? Well, last week the New York Metropolitan Transportation Authority reported that additional refuse from riders, especially free newspapers, are adding about 15 tons more trash a day to the subway system than 2004, causing more track fires, train delays, and adding millions to MTA expenses.

15 TONS! To put that number in perspective, that’s roughly the equivalent of 120 refrigerators worth of trash! (The average refrigerator weighs roughly 250lbs, or 8 fridges per ton). Granted, this is New York City we’re talking about here, but free papers are springing up all across America. Community weeklies are especially popular these days.

Finally, a new poll by Outsell Inc., found that 61 percent of consumers look to their newspapers as an essential source for local news, events and sports. Only 6 percent of those surveyed said they rely on Internet search engines for local news and information.

So, before we all rush to write obituaries for old media, it’s important to remember that a lot of people still read and love their local newspapers.

Lessig on orphan works

by on March 7, 2006

Lawrence Lessig has posted his thoughts on the Copyright Office’s orphan works report. He is largely critical of the report’s conclusions and continues to support the proposed Public Domain Enhancement Act (PDEA), which was based on his ideas. In my recent paper with Bridget Dooling, we show why the PDEA solution is unworkable. But I think it’s worth addressing some of the points Lessig makes in this new response.

Continue reading →

My oh my, how things change. Less than 10 years ago, FCC Chairman Reed Hundt preemptively declared that a rumored merger between AT&T and SBC would be, in his words, “unthinkable” under antitrust laws.

So I found it peculiar when I opened up the papers yesterday and today and read Reed Hundt’s analysis of the pending merger of AT&T–which has already taken over SBC–with Bell South. In yesterday’s Wall Street Journal he argued rather matter-of-factly that: “It’s like a marriage between a couple that’s been dating for a decade. It’s so predictable as to not attract a great deal of questioning.” And then I opened up the Washington Post business page today and read this from Hundt: “It’s a sport. It’s a competition. In this business, scale really matters. It’s like NFL linemen. You want ’em big, you want ’em fast, but most important, you want ’em big.”

Talk about your sudden changes of heart! Let me just reprint a bit more of what he said back in the summer of 1997 about such mergers:

“Combining the long distance market share of AT&T in any RBOC region (even as it may be reduced by RBOC entry) with the long distance market share that reasonably can be imputed to the RBOC yields a resulting concentration that is unthinkable. [If we impute] to AT&T even a modest percentage of [local] market share taken form the existing Bell incumbent in that Bell’s region, as we must do under our potential or precluded competitor doctrine, then under conventional and serviceable antitrust analysis, a merger between it and the Bell incumbent is unthinkable.”

So, in less than ten years, he’s gone from thinking such a combination was “unthinkable” because of the “resulting concentration” to now calling the move “predictable” since “scale really matters” and “[we] want ’em big.”

File this one under “The Re-Education of a Regulator”!

But seriously, I have to give Hundt credit for recognizing the changed competitive landscape since 1997. Long-distance has largely been canabalized by the rise of rigorous wireless competition and flat-rate, nationwide calling plans. The Internet is everywhere, which means IP-enable calling is a new threat to the old players. And the old Bell copper empire has now become a copper cage they are fighting their way out of. It’s all about fiber now to ensure they can compete against cable’s high-speed offerings and whatever else competitors might throw at them. The world has changed in amazing ways in just 10 short years. Reed Hundt’s changed thinking on this issue proves that.

James DeLong links to a ridiculous Larry Ellison quote about open source software:

“Open source becomes successful when major industrial corporations invest heavily in that open source project,” Ellison said at a Tokyo news conference. “Every open source product that has become tremendously successful became successful because of huge dollar investments from commercial IT operations like IBM and Intel and Oracle and others,” he said. He highlighted his own company’s work in developing and promoting Linux, and said the operating system would not have enjoyed the success that it has without vendor backing.

“There’s a lot of romantic notions about open source,” Ellison said. “That just from the air these developers contribute and don’t charge. Let me tell you the names of the companies that developed Linux: IBM, Intel, Oracle–not a community of people who think everything should be free. Open source is not a communist movement.”

Obviously, if a company sinks a billion dollars into a software project, it’s going to cause some improvements. But only a legendary blowhard like Ellison could believe that because his company donated some programmer time to the project that they therefore deserve all the credit for its success. In the first place, Linux is 15 years old. It didn’t begin receiving serious corporate support until 1999 or 2000–long after it had become a fully functional operating system. In the second place, “Linux” is not monolithic. Oracle has done work on the aspects of Linux that benefit his company, such as the file system. Other companies have done work on other aspects of the operating system. There are still other aspects that are still the province of volunteers.

So obviously, Linux would not have been as successful in the aspects that Oracle worked on without Oracle’s help. But so what? The same is true of each of the volunteers who contribute to various parts of the operating system. It makes no more sense to say that Linux is a purely corporate project than to say it’s an entirely volunteer-driven one. They both contribute, and they both deserve credit.

More to the point, Linux is the exception. Most open source projects do not receive substantial corporate support, just as Linux did not until after it had matured into a full-functional operating system. Perl, Apache, BIND, SendMail, Samba, the GNU tools, PostgreSQL, Python, PHP, CUPS, and dozens of other products are are all primarily decentralized, volunteer-driven efforts. And, in case these are not familiar names, these are all wildly successful open source products. They’re used daily by millions of people.

Of course, from Ellison’s perspective, a product isn’t “successful” until it generates a bunch of revenue on a coprorate balance sheet. But that’s precisely the point: for open source projects, the measure of success is how uesful it is, not how profitable it is. I realize it’s hard for Mr. Ellison to imagine that anyone could ever be motivated by anything other than money, but strangely enough, there really are people who enjoy developing software solely for the intellectual challenge it presents, and the pleasure of seeing it used by others.

Personally, I think contributing to a major open source software project sounds like a lot of fun, and I wish I had the time and expertise to do it. I guess that makes me a communist.

Here find my comments on the dangers of “net neutrality.” Who even remembers video dialtone? “Open video services.” And other similar regulatory ventures.

“Open” sounds awful democratic. But when it is a regulatory mandate it quickly devolves into something navigable only by an elite.