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.


Ajax Revolution

by on January 27, 2006 · 8 comments

I’ve raved before about the Google’s recent crop of richly interactive applications. The “technology” (really, collection of old technologies that have finally matured to the point where they’re usable) behind these has been christened “Ajax.”

So here’s the latest amazing application in the Ajax tool suite: Meebo. Meebo is a multi-protocol chat client like Trillian and Fire. But unlike those programs, which are applications for desktop operating systems, Meebo is entirely web-based. If you use instant messaging, I suggest you give it a try. The level of interactivity it offers is stunning.

This is what Google Talk should have been. True, they probably couldn’t have done the voice-communication this way, so a desktop application may have been inevitable. But on the other hand, doing an Ajax IM client would have been so much more impressive than implementing yet another Windows IM client.

“Ajax” is a word you’re going to hear a lot in the coming year. If I owned a traditional web-based application (MapQuest and HotMail, I’m looking at you), I would be very worried right now. Once users start to discover what a truly interactive website looks like, they’re going to be increasingly dissatisfied with the “point, click, and wait” model. There are dozens of opportunities right now for startups to steal a significant chunk of market share by being the first to market with a particular kind of Ajax application.

An iPod Backlash?

by on January 27, 2006

Declan wonders if the video iPod will spark a DMCA revolution:

In 1998, politicians bowed to pressure from the entertainment industry and voted overwhelmingly for the Digital Millennium Copyright Act. Part of that law made it a federal offense to sell or distribute software that can rip DVDs. In other words, believe it or not, Apple CEO Steve Jobs would be guilty of a federal felony if iTunes transferred DVDs to an iPod as easily as it can music from a CD. While these Draconian penalties have angered digital-rights types for years, the prohibition really hasn’t affected a broader audience. But the recently released video iPod changes this and–if we’re lucky–will prove to be a flashpoint that sparks actual reforms.

We can hope.

Via IPCentral, there’s an interesting article over at DRM Watch about the development of DRM standards.

The short version is: DRM standards continue to be a disaster. The only “standard” that has gotten any traction is the OMA DRM that’s used to lock content for mobile phones.

It’s not hard to see why mobile phone makers would have an easier time limiting copying than other platforms: mobile phones are proprietary devices on proprietary networks, and consumers use them to consume a small amount of proprietary content. (Amusingly, at one point it looked as though the annual licensing fees for OMA would exceed the value of all content traded using the scheme) The challenges faced by OMA are nothing like the challenges faced by someone distributing a lot of content on an open network like the Internet. OMA has hardly been a roaring success, and other DRM “standards” continue to be dead in the water:

The issue of technology licensing, and fees associated with it, pervades just about every DRM-related standards initiative–so much that it calls the term “standard” into question. Most DRM standards bodies are now really consortia that have IP licensing pools attached to them. Sun Microsystems is attempting to buck this trend with its DReaM Project, which it announced back in September: Sun intends to create an open DRM standard through collaborative community source development that “invents around” the existing patents. We believe this effort to be naive and unrealistic, and we do not expect it to succeed in its proposed form.

For anyone who’s familiar the way real open standards work, that ought to make your skin crawl. Genuine open standards like HTML, PDF, WiFi, etc, are available for anyone to implement, and to freely combine with other technologies to create something new. When I want to design a new web browser, I don’t have to run out and negotiate a licensing agreement with the company that owns the HTML standard. I don’t have to comply with hundreds of pages of detailed regulations before I’m allowed to release my product. And I don’t have to pay anyone royalties. The result of that openness has been a flourishing market for both web servers and web browsers, many of them developed by volunteers. The market would look very different if someone were collecting license fees on every web browser downloaded.

The expectation that “open standards” will be actually open standards not encumbered by restrictive licensing terms and burdensome royalties might be “naive,” but it’s been essential to the rapid growth of the Internet. I think DRM Watch is actually right that Sun is “naive and unrealistic” if it thinks it can develop an “open” DRM standard. But DRM watch seems to think that Sun should instead jump on board one of the more proprietary alternatives.

In contrast, I’m inclined to think that DRM is fundemantally at odds with the open, competitive technological environment from which the Internet emerged. The events of 2005 seem to provide more evidence of that thesis.

Here’s yet another group of customers being needlessly antagonized by DRM technology–wealthy audiophiles:

Steve Vasquez, the founder of ReQuest, which makes ultra-high end streaming audio networks for homes, says his company struggles with the limitations of DRM-protected audio files. “We have an open system that can stream off a server to another house, but the DRM mechanism doesn’t recognize that possibility,” Vasquez said. “We have clients who have multiple units in one house and multiple units in multiple houses who want to be able to use music in those devices as well as portable ones. DRM is a limitation that limits innovation.” A similar system made by Sonos creates a mesh-wireless network that connects up to 32 remote amplifiers with music stored on a home computer, but the company hides music bought through Apple’s iTunes store, according to co-founder Thomas Cullen. “We don’t want to taunt them,” Cullen said. “The best thing we can do is hide iTunes songs so they don’t get an expectation they can play them.” Ninety percent of his customers own iPods, according to Cullen, and many call in after first buying the system, wondering where their iTunes songs are. But after the company explains it is Apple’s DRM that prevents the file from playing, users universally respond that they will go back to buying CDs that they can then rip into non-DRMed audio files, Cullen said.

Without the DMCA, these companies could reverse-engineer the DRM in order to support music downloaded from the iTunes Music Store. But as long as the DMCA is on the books, any attempt to support those songs without Apple’s permission is a violation of federal law.

So far, most consumers are blissfully ignorant that when they buy DRMed music or videos, they’re locking themselves into playing the content only on devices approved by the company that developed the DRM scheme. I hope and expect that there will be a fierce consumer backlash when this becomes more widely recognized.

What do the labels think they’re accomplishing with CD-based copy protection? Here’s a story about the first copy-protected CD to reach #1 on US charts:

Like other recent copy-protected albums, the Velvet Revolver disc includes technology that blocks direct copying or ripping of the CD tracks to MP3 format. It also comes preloaded with songs in Microsoft’s Windows Media Audio (WMA) format, which can be transferred to a computer or to many portable digital music players. As in earlier tests by BMG and SunnComm, the copy protection on the Velvet Revolver disc can be simply disabled by pushing the “Shift” key on a computer while the CD is loading, which blocks the SunnComm software from being installed. The companies say they have long been aware of the work-around but that they were not trying to create an unhackable protection… The inability to move songs to Apple’s popular digital music player, as well as to other devices that don’t support Microsoft’s Windows Media digital rights management services, is a serious shortcoming. Jacobs says SunnComm recognizes that–and that the company’s next version will go beyond the Microsoft files and be able to create multiple kinds of digital files that will be compatible with the iPod. But for now, iPod-owning Velvet Revolver fans don’t have a direct alternative. “We are actively working with Apple to provide a long-term solution to this issue,” a posting on SunnComm’s Web site reads. “We encourage you to provide feedback to Apple, requesting they implement a solution that will enable the iPod to support other secure music formats.”

What is this supposed to accomplish? Obviously, it’s not going to deter anyone with a reasonable amount of technical savvy, given that pressing the shift key isn’t rocket science. So it’s hard to see this having a significant effect on piracy. On the other hand, preventing people from transferring their music to their iPods is a significant inconvenience that mostly affects legitimate users. Even if we set aside the privacy and security problems with SunComm’s technology, does it even make any sense from a business perspective to use this software? It’s not likely to slow any determined pirates down, but it’s guaranteed to piss off those of us who just want to listen to our music on the portable device of our choice.

Incidentally, it’s worth mentioning that SunComm could enable iPod compatibility tomorrow if it were willing to allow users to put songs on their iPods in MP3 format. Why don’t they? I’m not sure. Extracting an unprotected MP3 from an iPod is at least as technically difficult as pressing the shift key. So it’s not clear to me how enabling iPod compatibility would make any real difference in the “security” of their DRM scheme, even if they had to put the music on the iPod in an unencrypted format.

Bridge to the 20th Century

by on January 24, 2006 · 4 comments

Occasional co-blogger Solveig Singleton has done good work on patent reform, but I think her latest analysis of the RIM-NTP patent dispute rather misses the mark:

The patent office is likely to declare all of NTP’s patents invalid in its final ruling. While NTP could appeal, this would take quite a while, plenty of time for RIM to finish working out a technical bypass. NTP’s position is getting weaker and weaker.

She’s right that NTP is getting weaker, but the reason is that no matter what the letter of the law says, no judge insane enough to order the shutdown of all BlackBerries. And she’s wrong to imagine that RIM can or will work out a “technical bypass.” The “invention” that NTP has patented is the concept of checking your email wirelessly. (there are a few qualifications to the scope of the patent, but none of them are of much use to RIM) As long as BlackBerries do what they’re designed to do–fetch peoples’ email from a mobile device–they’re infringing NTP’s patent.

I’ve been a disappointed with media coverage of this issue: I think the fact that NTP has patented the idea of wireless email is crucial to a proper understanding of the case. But reporters credulously repeat RIM’s claims tha they have a software workaround to “bridge the patent,” when in fact, a BlackBerry that doesn’t infringe NTP’s patent (i.e. that doesn’t fetch email wirelessly) is called a paper weight.

Liberation Technology

by on January 23, 2006

So I’ve been following this month’s argument over at Cato Unbound, a site run by my friend and former colleague Will Wilkinson that takes a Big Idea each months and brings in some Smart People to discuss it. I’ve been meaning to jump in when I saw a point where I’d have something to add to the discussion.

The problem is that I agree with Eric Raymond’s opening salvo, in which he tears the lead essay, written by Jaron Lanier, to shreds. Lanier’s essay is chock full of breathtakingly broad generalizations expounded in a world-weary tone. He flits from topic to topic, issuing sweeping but vague pronouncements about each, without ever arriving at any kind of clear point.

So honestly, I’m not sure what Lanier’s point is, or whether I agree with it. So instead of jumping into that specific argument, let me offer some quick thoughts on this month’s big idea: what’s become of the techno-utopianism of the 1990s? While I think that some of the utopians over-stated their case, and most of them got the details wrong, their basic thesis was right: the Internet is going to revolutionize American (and world) politics, society, and economics.

Continue reading →

I’m kind of baffled by the network neutrality debate. Take this quote for example:

At the end of the day, Google’s Davidson says that his biggest worry is not for Google but for the prospect of bringing fresh innovation to the Internet. After all, if worse comes to worst, Google can pay AT&T or BellSouth to maintain its role as the Internet’s dominant search engine. But the bright young start-up with the next big innovative idea won’t have that option.

That’s the last paragraph from a long article about the network neutrality debate. The article implies that the outcome of the network neutrality debate could determine whether the telcos end up in control of the Internet.

Except that it doesn’t make a lot of sense. Take the paragraph I just quoted. I’m having trouble even imagining a plausible scenario in which the above could happen. Think about it: let’s say that Verizon wanted to get every website on the Internet to pay it a fee for access to its customer base. How would they do it?

The first step presumably, would be to send an email to the webmaster of each site, informing them that they’d be disconnected if they didn’t cough up the required fee. But it’s likely that most web site owners–especially the smaller ones–would ignore the notices. A lot of sites, such as this one, are run by volunteers and don’t have a lot of money to spend on tolls to Baby Bells. Others would calculate that it’s in their strategic interest not to pony up the cash–especially since they still have plenty of customers from other parts of the country. So then what would the Baby Bells do? Simply blocking access to the sites would be financial suicide. The vast majority of Internet users access at least a handful of small websites on a regular basis. Hence, if you shut off all non-paying websites at once, you’d piss off virtually all of your customers. You’d spend years repairing the financial and PR damage from a stunt like that.

They’d have the same kind of problem if they chose to degrade the performance of non-paying web sites rather than cutting them off entirely. That’s more likely to just make it look like their own Internet service sucks than harm the targetted sites. I would be sad if my TLF readers had to wait longer to read my posts, but not sad enough to cough up money to the company responsible to get them to stop. And you can bet we’d add a banner at the top that says “Verizon customers: is this site loading slowly? Click here to find out why.”

A slightly less draconian plan would be to allow everyone to use the existing bandwidth, but to limit access to additional bandwidth to those that paid a special fee. But even here, it’s hard to imagine them getting very far. I mean, imagine if Verizon approached Apple’s Steve Jobs and told him that they wanted him to cough up some money if he wanted to be allowed to use their new fiber capacity for his iTunes video store. You know what he’d do? First, he’d laugh at them. Then he’d point out that if they don’t give him access to their bandwidth, he can cause every copy of iTunes to pop up a little notification during long downloads that explains that it’s Verizon’s fault the download is slow and explains how to switch to another ISP. I’ll give you three guesses who would run out of the room with their tails between their legs.

In addition to having content consumers want, content providers also have a direct connection with their customers–in many cases much stronger than the connection the customers have with their cable or phone company. If content providers and telcos began engaging in brinkmanship, the outcome would depend crucially on who consumers blamed for the mess. In that kind of PR battle, the telcos wouldn’t have a prayer, given that essentially the whole Internet would be lined up against them, and people increasingly get their news and information from sources on the Internet.

So I don’t see how a Baby Bell would go about extorting money from web site owners without shooting themselves in the foot. I’m having trouble even envisioning a plausible scenario, much less one that is likely to actually happen. The idea of a balkanized Internet sounds ominous in the abstract, but when you try to imagine how it would actually happen, it doesn’t make a lot of sense. Telcos need content providers at least as much as content providers need telcos. Content providers know it.

The telcos are wrong about their ability to charge content providers for the use of their “pipes,” they’re right about one thing: “network neutrality” regulation is a solution in search of a problem.

Update: Although he’s more ambivalent about network neutrality regulation than I am, Ed Felton highlights some of the same problems.

Yet More Telecom Competition

by on January 17, 2006

Here’s another example of the ever-increasing competition in the telecom industry: BusinessWeek reports that Rupert Murdoch is considering investing a billion dollars to transform the DirecTV satellit network, which currently allows only one-way transmission of high-bandwidth content, into a full-fledged broadband network offering voice, video, and data service. That would put it squarely in competition with the cable industry and the Baby Bells, both of whom are moving toward that same type of “triple play” broadband service.

If Murdoch follows through with this, and if the Baby Bells roll out fiber-optic networks as planned, that will mean that most homes will have at least three options each for voice, video, and data services.

Actually, there are more choices than that: there are already a half-dozen mobile phone companies competing for voice business. For video, consumers have the option of broadcast TV, which now features crystal-clear picture due to digital transmission. And Internet Giants like Google, AOL, and Apple seem to be announcing new Internet video options every month. And for data, there are dedicated lines available at the high end, and dial-up modem access at the low end of the market, not to mention a growing number of WiFi hotspots. In short, the typical consumer has a dizzying array of choices for all of his telecom needs.

Why exactly are we still regulating these industries as though they’re natural monopolies?

Is Patrick Ross trying to make his own side look bad?

The conference heard a compelling perspective on software patents from Guenther Schmalz, director of IP for Europe for SAP, the largest European software maker and the third-largest software maker in the world. SAP burst on the scene in the early1970s, like Microsoft moving into areas of software that IBM had no interest in commoditizing. For years SAP grew and grew and had no patents. Now they’re ramping up a major patent office with a few dozen attorneys around the world. Why? “Times have changed,” Schmalz said. In the early days, SAP’s competitors were way behind, but now competitors are everywhere. Patents are the only way for SAP to ensure returns on its development investment, he said, adding that copyright is no solution, as the actual writing of code only makes up about 20% of the development of software. “Those who drive innovation need patents,” he said. “Those who don’t imitate.”

To put this a little bit differently, in the past, SAP was an innovative company that was able to stay ahead of the competition by virtue of their superior technology. However, now that they’re a fat, lazy incumbent, they’re discovering the joys of using patent law as a club against their more innovative competitors.

The idea that creators have the right to recoup all of the value they create is a common idea in intellectual property debates. Larry Lessig quotes NYU law professor Rochelle Dreyfuss as dubbing this the “if value, then right” theory of intellectual property. It’s an idea that sounds intuitively plausible, but with a little bit of reflection, it becomes obvious how pernicious it is.

After all, capitalism is founded on the ideal of vigorous competition. When some entrepreneur invents a new product category of business model–say, the fast-food restaurant–he invariably attracts a swarm of competitors. Competition forces down the prices in this newly-created industry, preventing the innovator from capturing the full value of his or her invention. Ray Kroc’s invention of the fast food restaurant, for example, created a whole lot of value, and most of that value went to consumers, not to Kroc. He wasn’t able to use the law to exclude competitors and “ensure returns” on his innovation. To the contrary, under our economic system, he was required to continue innovating if he wanted to turn a profit.

It’s quite possible that Kroc felt resentful toward these upstart “imitators” who copied his business model without (he would claim) adding value themselves. But that’s the way the business world works. Competition is cutthroat, and businesses who stop innovating shrivel up and die. That’s as it should be, and consumers benefit tremendously from such creative destruction.

By the same token, SAP probably resents all these pesky little companies that are barging in on market opportunities that they pioneered. Tough. If they want to stay at the top of their industry, they need to continue innovating. They have no right to expect the government to “ensure returns” on their investments. That’s the way it goes in most other industries, and it’s the way the software industry ought to work as well.