Articles by Tim Lee

Timothy B. Lee (Contributor, 2004-2009) is an adjunct scholar at the Cato Institute. He is currently a PhD student and a member of the Center for Information Technology Policy at Princeton University. He contributes regularly to a variety of online publications, including Ars Technica, Techdirt, Cato @ Liberty, and The Angry Blog. He has been a Mac bigot since 1984, a Unix, vi, and Perl bigot since 1998, and a sworn enemy of HTML-formatted email for as long as certain companies have thought that was a good idea. You can reach him by email at leex1008@umn.edu.


The End of Innovation?

by on March 16, 2006 · 6 comments

From IBM, the company that (allegedly) once told us there’s a world market for five computers, we now learn that the era of the “next big thing” is over:

“The fact is that innovation was a little different in the 20th century. It’s not easy (now) to come up with greater and different things,” Donofrio said. “If you’re looking for the next big thing, stop looking. There’s no such thing as the next big thing,” he added. That is not to say that the 21st century does not also require invention, creation and discovery, he said. But these days, people are looking for value that arises from a creation and not just looking at technology for its sake, he explained.

I don’t understand what the point of making statements like that. By definition, innovation consists of developing or discovering things that people previously didn’t know about. So the fact that Mr. Donofrio can’t think of any inventions simply means that the present era is exactly like all previous eras.

Here’s my prediction: we’re going to see several revolutionary technologies invented in the next 50 years. We don’t know what they are today, but they’ll seem obvious in hindsight.

“Parisitic” Technologies

by on March 16, 2006

Tom Giovanetti at the Institute for Policy Innovation has a good critique of the Stan Liebowitz paper on “parasitic technologies”:

The author, Stan Liebowitz, with whom I also frequently agree, characterizes a technology that allows consumers to avoid or skip commercials as a parasitic technology that destroys property rights. He also compares technology that allows one to avoid commercials to technology that allows one to steal intellectual property, like file-sharing software in the mode of Grokster. I find the comparison astonishing, and the distinction between so-called “parasitic” and “productive” technologies arrogant. It is not theft to avoid a commercial. If I mute the sound during a commercial, or leave the room during a commercial, what have I stolen? Absolutely nothing. Only if you assume that an advertiser has a property right to a consumer does that logic hold.

When I watch a TV show, I’m under no legal or moral obligation to watch the TV commercials that come along with them. Certainly, the TV studio hopes I will do so, and they sell a lot of advertising based on the fact that many consumers do. But the mere fact that a companies base their business plans around the assumption that I’ll watch their commercials doesn’t obligate me to do so.

This is particularly true given that the Internet is on the verge of making all sorts of new business models viable. Even if we assume that TiVo will destroy the broadcast TV model (which seems unlikely) the networks can still sell their shows directly to consumers via the Internet. Or they might come up with more sophisticated advertising strategies, such as placing text ads alongside videos, or embedding advertising within the video. The video game industry has been particularly innovative on this score, embedding advertising within the game environment itself.

Surviving in a post-TiVo world may require some ingenuity on the part of Hollywood, but that hardly makes TiVo a parasite.

Promote Thyself

by on March 16, 2006 · 4 comments

I’ve got an op-ed in the New York Times today that expands on my post last week on wireless “piggybacking.”

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 →

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.

The quality of mainstream media coverage of wireless “piggybacking” leaves a lot to be desired:

Martha Liliana Ramirez, who lives in Miami, said she had not thought much about securing her $100-a-month Internet connection until recently. Last August, Ms. Ramirez, 31, a real estate agent, discovered a man camped outside her condominium with a laptop pointed at her building. When Ms. Ramirez asked the man what he was doing, he said he was stealing a wireless Internet connection because he did not have one at home. She was amused but later had an unsettling thought: “Oh my God. He could be stealing my signal.” Yet some six months later, Ms. Ramirez still has not secured her network.

If you take out the alarmist rhetoric, here’s what happened: Ms. Ramirez purchased a wireless router and made access to her network available to the general public. The gentleman in the car used the connection she made available. What’s the problem?

There are some nuances to the story, obviously. Apparently, Ms. Ramirez would rather that strangers not access her network, although it doesn’t explain why. And it’s possible that securing her network is beyond her technical capability, in which case she is, in a sense, having her network used against her will. But that’s not a terribly good excuse. Setting a wireless network password isn’t that hard. If she doesn’t know how to do it, there is surely at least one computer geek in her life who could show her. And if, after 6 months, she hadn’t gone to the trouble of figuring it out, she can’t possibly be that concerned.

Continue reading →

Another Lousy DRMed Product

by on March 2, 2006

Regular readers of TLF won’t be the least bit suprised to learn that I loved this criticism of DRM by Scott Granneman at Security Focus:

One of my favorite magazines is The New Yorker. I’ve been reading it for years, and it never fails to impress me with its vast subject matter, brilliant writing, and the depth, wit, and attention it brings to important matters. When it was announced over a year ago that The Complete New Yorker: Eighty Years of the Nation’s Greatest Magazine would be released on eight DVDs, I immediately put in my pre-order. After it arrived, I took out the first DVD and stuck it in my Linux box, expecting that I could start looking at the collected issues. No dice. The issues were available as DjVu files. No problem; there are DjVu readers for Linux, and it’s an open format. Yet none of them worked. It turned out that The New Yorker added DRM to their DjVu files, turning an open format into a closed, proprietary, encrypted format, and forcing consumers to install the special viewer software included on the first DVD. Of course, that software only works on Windows or Mac OS X, so Linux users are out of luck (and no, it doesn’t work under WINE … believe me, I tried).

One of the great things about open standards is that they enable a breathtaking amount of division of labor. If I write this post in HTML format, and you have an HTML-compliant broswer, then I can be assured that you will be able to read my post. Maybe you’re using Internet Explorer on Windows. Maybe you’re using Firefox on Linux. Maybe you’re reading this on a BlackBerry. Doesn’t matter. As long as I follow the HTML spec, you’ll be able to read my post.

Continue reading →

EFF’s Big Tent

by on February 28, 2006

I just sent the following email to the Electronic Frontier Foundation:

From: Tim Lee To: membership@eff.org Subject: AOL Campaign As an EFF contributor, and I wanted to express my disappointment at EFF’s decision to expend resources publicizing its criticism AOL’s GoodMail plan. While the technical merits of the plan are debatable, I don’t really see why EFF–an organization ordinarily dedicated to fighting to protect our rights online–should be involved in this fight. AOL’s customers voluntarily chose to subscribe to the company’s email service. If, as you predict, AOL’s policies are detrimental to their customers’ user experience, the customers are free to sign up with any one of dozens of other email services, many of which are available for free. As I write this, there are many attacks underway on Internet users’ freedom. EFF’s viability as the “ACLU of cyberspace” depends on its remaining focused on that core mission. If it branches out into other issues, you risk alienating people who agree with you on core civil liberties issues but disagree on unrelated issues such as AOL’s email policies. In the interest of maintaining the EFF “big tent,” I hope that you will refocus your efforts on fighting threats to users’ rights, and leave it to others to criticize the business decisions of companies like AOL. Sincerely, Tim Lee

I was briefly a financial supporter of the ACLU, until I got their first newletter, in which the executive director talked about their fight to protect affirmative action against California’s Racial Privacy Initiative. Now, reasonable people can disagree about the initiative, but I had trouble understanding why a civil liberties organization would be defending the government’s ability to discriminate on the basis of race.

They haven’t gotten any money from me since. I would gladly be an ACLU supporter if they would focus exclusively on genuine civil rights issues like free speech and privacy, but if they’re going to branch out into supporting generic left-wing causes, I’d rather give my money to a civil liberties organization whose positions I support 100% of the time.

I hope that the EFF doesn’t succumb to the same temptation. I recognize that most of their supporters are probably left of center, but I think they’re a lot stronger if they have some of us right-wingers on their team too. They jeopardize that broad base of support every time they wander off the reservation, as they have in this instance.

A Common-law Approach to DRM

by on February 26, 2006

Following a citation from Doug Lichtman’s latest paper on the legal implications of DRM, I found this longer paper on the legal status of self-help mechanisms. It covers a lot of the same ground, but it does so much more thoroughly, and includes some interesting examples outside the realm of high tech. I was particularly amused by the dispute between the Chicago cubs and the owners of neighboring buildings, who were erecting de facto skyboxes on their roofs and selling tickets to watch the Cubs play. This set off an arms race, in which the Cubs erected structures to obscure their view, while the property owners made plans to raise the height of the skyboxes to compensate. Sadly, the parties reached a profit-sharing agreement before courts could rule on the legal merits of the dispute.

The part I liked best about the paper was his discussion of the Grokster decision that begins on page 47. For example:

Continue reading →