James Bessen – Technology Liberation Front https://techliberation.com Keeping politicians' hands off the Net & everything else related to technology Tue, 18 Sep 2018 18:16:41 +0000 en-US hourly 1 6772528 The Challenge of Retraining Workers for an Uncertain Future https://techliberation.com/2018/07/18/the-challenge-of-retraining-workers-for-an-uncertain-future/ https://techliberation.com/2018/07/18/the-challenge-of-retraining-workers-for-an-uncertain-future/#comments Wed, 18 Jul 2018 18:49:32 +0000 https://techliberation.com/?p=76318

The White House has announced a new effort to help prepare workers for the challenges they will face in the future. While it’s a well-intentioned effort, and one that I hope succeeds, I’m skeptical about it for a simple reason: It’s just really hard to plan for the workforce needs of the future and train people for jobs that we cannot possibly envision today.

Writing in the Wall Street Journal today, Ivanka Trump, senior adviser to the president, outlines the elements of new Executive Order that President Trump is issuing “to prioritize and expand workforce development so that we can create and fill American jobs with American workers.” Toward that end, the Administration plans on:

  • establishing a National Council for the American Worker, “composed of senior administration officials, who will develop a national strategy for training and retraining workers for high-demand industries.” This is meant to bring more efficiency and effectiveness to the “more than 40 workforce-training programs in more than a dozen agencies, and too many have produced meager results.”
  • “facilitat[ing] the use of data to connect American businesses, workers and educational institutions.” This is meant to help workers find “what jobs are available, where they are, what skills are required to fill them, and where the best training is available.”
  • launching a nationwide campaign “to highlight the growing vocational crisis and promote careers in the skilled trades, technology and manufacturing.”
The Administration also plans on creating a new advisory board of experts to address these issues, and the administration is also “asking companies and trade groups throughout the country to sign our new Pledge to America’s Workers—a commitment to invest in the current and future workforce.” They hope to encourage companies to take additional steps “to educate, train and reskill American students and workers.” Perhaps some of these steps make sense, and perhaps a few will even help workers deal with the challenges of our more complex, fast-evolving, global economy. But I doubt it. The reality is, most worker retraining plans are little better than a dice-roll on the professions and job needs of the future. As I noted in my last book as well as in a paper with Andrea O’Sullivan and Raymond Russell, concerns about automation, AI, and robots taking all our jobs have put worker retraining concerns back in the spotlight in a major way. That has led many scholars, pundits, and policymakers to suggest that more needs to be done to address the skills workers will need going forward. That impulse is completely understandable. But it doesn’t mean we can magically predict the jobs of the future or what skills workers will need to fill them. It’s not that I am opposed to efforts to  try to figure out answers to those questions, or perhaps even craft some programs to try to address them (although I agree with my colleague Matt Mitchell that many past worker training programs “seem indistinguishable from corporate welfare.”) But worker retraining or reskilling usually fails because it’s like trying to centrally plan the economy of the future. It’s a fool’s errand. In my book, I pointed out that, when you look back at past predictions regarding the job needs of the future that we now live it, those predictions were off-the-mark. The fact is, an “expert” writing in the early 1980s about the job needs of the future didn’t even have the vocabulary to describe or understand the jobs of the technological era we now live in. Here’s how I put it in my book:
It’s also worth noting how difficult it is to predict future labor market trends. In early 2015, Glassdoor, an online jobs and recruiting site, published a report on the 25 highest paying jobs in demand today. Many of the job titles identified in the report probably weren’t considered a top priority 40 years ago, and some of these job descriptions wouldn’t even have made sense to an observer from the past. For example, some those hotly demanded jobs on Glassdoor’s list include[1] software architect (#3), software development manager (#4), solutions architect (#6), analytics manager (#8), IT manager (#9), data scientist (#15), security engineer (#16), quality assurance manager (#17), computer hardware engineer (#18), database administrator (#20), UX designer (#21), and software engineer (#23). Looking back at reports from the 1970s and ’80s published by the US Bureau of Labor Statistics, the federal agency that monitors labor market trends, one finds no mention of these computing and information technology–related professions because they had not yet been created or even envisioned.[2] So, what will the most important and well-paying jobs be 30 to 40 years from now? If history is any guide, we probably can’t even imagine many of them right now. Of course, as with previous periods of turbulent technological change, many of today’s jobs and business models will be rendered obsolete, and workers and businesses will need to adjust to new marketplace realities. That transition takes time, but as James Bessen points out in his book Learning by Doing, for technological revolutions to take hold and have a meaningful impact on economic growth and worker conditions, large numbers of ordinary workers must acquire new knowledge and skills. But “that is a slow and difficult process, and history suggests that it often requires social changes supported by accommodating institutions and culture.”[3] Luckily, however, history also suggests that, time and time again, society has adjusted to technological change and the standard of living for workers and average citizens alike improve at the same time.

Bessen’s point is really important, and too often forgotten in discussions about reskilling for the future. When I think about the sort of skills that I picked up the early 1980 as a teenager using a clunky old Commodore 128 computer, or that my own teenage kids pick up today just by tinkering with their gadgets (computers, smartphones, gaming consoles, etc), I think about how those skills were not centrally planned for by anyone. It was mostly just learning by doing. A lot of the coding skills people use today they learned by trial and error and without taking any course to do so.

In his book, Bessen uses the example of bank tellers to illustrate how convention wisdom about future trends is often wildly off the mark. With the rise of ATMs a few decades ago, many thought the days of bank tellers were numbered. But Bessen’s research shows that we have more bank tellers today than we did 40 years ago because once the ATMs could handle the menial tasks of counting and distributing money, the tellers were freed up to do other things.

I’m not saying we can just leave the future of workers to chance and hope everyone can learn on the fly like that. Some government programs will be needed, and many could even help. But let’s not kid ourselves into thinking that we somehow have a crystal ball that we can stare into and, like a technological Nostradamus, somehow divine the jobs and skills of a radically uncertain future.

Our better hope lies in creating an innovation culture that is open to new types of ideas, jobs, and entrepreneurialism. We might better serve the workers of the future by ensuring that they are not encumbered by mountains of accumulated red tape in the form of archaic rules, licenses, permitting schemes, and other obstacles to progress. My colleague Michael Farren also testified last year and offered some concrete near-term reform proposals to help bridge the skills gap by “revis[ing] the federal tax code to allow tax deductions for all forms of productivity-enhancing investments, including investment in training workers to perform new jobs,” and also addressing government aid programs “that might be lowering the supply of workers, thereby contributing to the lack of skilled workers available.”


[1]     Glassdoor, “25 Highest Paying Jobs In Demand,” Glassdoor Blog, February 17, 2015, http://www.glassdoor.com/blog/highest-paying-jobs-demand. [2]     John Tschetter, “An Evaluation of BLS’ Projections of 1980 Industry Employment,” Monthly Labor Review, August 1984, http://www.bls.gov/opub/mlr/1984/08/art3full.pdf. [3]     Bessen, Learning by Doing: The Real Connection between Innovation, Wages, and Wealth (New Haven, CT: Yale University Press, 2015), p. 223.
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Shouldn’t the Robots Have Eaten All the Jobs at Amazon By Now? https://techliberation.com/2017/07/26/shouldnt-the-robots-have-eaten-all-the-jobs-at-amazon-by-now/ https://techliberation.com/2017/07/26/shouldnt-the-robots-have-eaten-all-the-jobs-at-amazon-by-now/#comments Wed, 26 Jul 2017 21:41:24 +0000 https://techliberation.com/?p=76166

If the techno-pessimists are right and robots are set to take all the jobs, shouldn’t employment in Amazon warehouses be plummeting right now? After all, Amazon’s sorting and fulfillment centers have been automated at a rapid pace, with robotic technologies now being integrated into almost every facet of the process. (Just watch the video below to see it all in action.)

And yet according to this Wall Street Journal story by Laura Stevens, Amazon is looking to immediately fill 50,000 new jobs, which would mean that its U.S. workforce “would swell to around 300,000, compared with 30,000 in 2011.”  According to the article, “Nearly 40,000 of the promised jobs are full-time at the company’s fulfillment centers, including some facilities that will open in the coming months. Most of the remainder are part-time positions available at Amazon’s more than 30 sorting centers.”

How can this be? Shouldn’t the robots have eaten all those jobs by now?

The reality is that we suffer from a serious poverty of imagination when it comes to thinking about the future, and future job opportunities in particular. “One thing automation alarmists sometimes miss is that the simplistic ‘machines steal jobs’ story tells an incomplete tale,” observes James Pethokoukis of the American Enterprise Institute. “How machines can complement what humans do and create increased demand should not be overlooked when evaluating the rise of the robots. Yet it seems like it often is,” he notes.

Bank tellers are the paradigmatic example. With the rise of ATMs a few decades ago, many thought the days of bank tellers were numbered. But research by economist James Bessen of Boston University shows that we have more bank tellers today than we did 40 years ago. (See chart below). How’s that? Because once the ATMs could handle the menial tasks of counting and distributing money, the tellers were freed up to do other things.

This is a part of the story of technological change that is often ignored, as Pethokoukis suggests. Old jobs and skills are indeed often replaced by mechanization and new technological processes. But that in turn opens the door to people to take on new opportunities — often in new sectors and new firms, but sometimes even within the same industries and companies. And because human needs and wants are essentially infinite, this process just goes on and on and on as we search for new and better ways of doing things. And that’s how, in the long run, robots and automation are actually employment-enhancing rather than employment-reducing. (For a historical overview of this process, see this paper on “Does Productivity Growth Threaten Employment?” by David Autor and Anna Salomons as well as Autor’s 2015 paper, “Why Are There Still So Many Jobs? The History and Future of Workplace Automation.” Also see this McKinsey report on “Four fundamentals of workplace automation.” from 2015.)

Of course, in the short-run, that process of creative destruction isn’t always pretty. In fact, it can be gut-wrenching for some professions and workers. But the long arc of history, this is how progress happens.

 

 

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“Learning by Doing,” the Process of Innovation & the Future of Employment https://techliberation.com/2015/09/25/learning-by-doing-the-process-of-innovation-the-future-of-employment/ https://techliberation.com/2015/09/25/learning-by-doing-the-process-of-innovation-the-future-of-employment/#comments Fri, 25 Sep 2015 19:08:37 +0000 http://techliberation.com/?p=75807

I recently finished  Learning by Doing: The Real Connection between Innovation, Wages, and Wealth , by James Bessen of the Boston University Law School. It’s a good book to check out if you are worried about whether workers will be able to weather this latest wave of technological innovation.  One of the key insights of Bessen’s book is that, as with previous periods of turbulent technological change, today’s workers and businesses will obviously need find ways to adapt to rapidly-changing marketplace realities brought on by the Information Revolution, robotics, and automated systems.

That sort of adaptation takes time, but for technological revolutions to take hold and have meaningful impact on economic growth and worker conditions, it requires that large numbers of ordinary workers acquire new knowledge and skills, Bessen notes. But, “that is a slow and difficult process, and history suggests that it often requires social changes supported by accommodating institutions and culture.” (p 223) That is not a reason to resist disruptive forms of technological change, however. To the contrary, Bessen says, it is crucial to allow ongoing trial-and-error experimentation and innovation to continue precisely because it represents a learning process which helps people (and workers in particular) adapt to changing circumstances and acquire new skills to deal with them. That, in a nutshell, is “learning by doing.” As he elaborates elsewhere in the book:

Major new technologies become ‘revolutionary’ only after a long process of learning by doing and incremental improvement. Having the breakthrough idea is not enough. But learning through experience and experimentation is expensive and slow. Experimentation involves a search for productive techniques: testing and eliminating bad techniques in order to find good ones. This means that workers and equipment typically operate for extended periods at low levels of productivity using poor techniques and are able to eliminate those poor practices only when they find something better. (p. 50)

Luckily, however, history also suggests that, time and time again, that process has happened and the standard of living for workers and average citizens alike improved at the same time.

Of course, that won’t stop some from proclaiming that,  This time it’s different! Indeed, we’re hearing increasing concerns today about the “rise of the robots,” and the general negative impact of automation on the workforce.

But these concerns are really nothing new. “There have been periodic warnings in the last two centuries that automation and new technology were going to wipe out large numbers of middle class jobs,” notes MIT economist David H. Autor. Luckily, those dire predictions have not come to pass. The reason was because short-sighted skeptics failed to appreciate how as new technologies obliterated old businesses and jobs, it simultaneously opened up many more opportunities that were impossible to predict in advance. For every factory worker that lost a job due to technological innovation, new jobs opened up in entirely new sectors that usually offered workers better wages, a safer work environment, and more leisure time. And society clearly benefited in many other ways.

In a new essay for  The Journal of Economic Perspectives on “The History of Technological Anxiety and the Future of Economic Growth: Is This Time Different?” Joel Mokyr, Chris Vickers, and Nicolas L. Ziebarth, note that “Discussions of how technology may affect labor demand are often focused on existing jobs, which can offer insights about which occupations may suffer the greatest dislocation, but offer much less insight about the emergence of as-yet-nonexistent occupations of the future.” They continue on to note that:

In the end, the fears of the Luddites that machinery would impoverish workers were not realized, and the main reason is well understood. The mechanization of the early 19th century could only replace a limited number of human activities. At the same time, technological change increased the demand for other types of labor that were complementary to the capital goods embodied in the new technologies. This increased demand for labor included such obvious jobs as mechanics to fix the new machines, but it extended to jobs for supervisors to oversee the new factory system and accountants to manage enterprises operating on an unprecedented scale. More importantly, technological progress also took the form of product innovation, and thus created entirely new sectors for the economy, a development that was essentially missed in the discussions of economists of this time.

And despite a resurgence of automation anxiety in recent years, that historic trend still generally holds true. In late 2014, economists at Deloitte LLP published a sweeping survey of the impact of technology and jobs over the past 200 years and found that “Technology has transformed productivity and living standards, and, in the process, created new employment in new sectors.” This is because human needs and wants constantly change and, therefore, “The stock of work in the economy is not fixed; the last 200 years demonstrates that when a machine replaces a human, the result, paradoxically, is faster growth and, in time, rising employment.” And they conclude that: “Machines will take on more repetitive and laborious tasks, but seem no closer to eliminating the need for human labour than at any time in the last 150 years. It is not hard to think of pressing, unmet needs even in the rich world: the care of the elderly and the frail, lifetime education and retraining, health care, physical and mental well-being.”

While it is easy for critics to highlight disruptions in some notable sectors where machines replaced human labor, fewer news reports or panicky books discuss the many new sectors where people have found new opportunities. Again, the historical evidence suggests that there are good reasons to have faith that humans will once again muddle through and prevail in the face of turbulent, disruptive change. As venture capitalist Marc Andreessen has noted when addressing the fear that automation is running amuck and that robots will eat all our jobs,

We have no idea what the fields, industries, businesses, and jobs of the future will be. We just know we will create an enormous number of them. Because if robots and AI replace people for many of the things we do today, the new fields we create will be built on the huge number of people those robots and AI systems made available. To argue that huge numbers of people will be available but we will find nothing for them (us) to do is to dramatically short human creativity. And I am way long human creativity.

Some tech critics may reject Andreessen’s bullish optimism about human resiliency, but real-world evidence already supports that his conclusion that we’ll learn to adapt to a world full of robots and robotic systems. A 2015 economic analysis from Colin Lewis, a behavioral economist who runs Robotenomics, showed that “despite the headlines, companies that have installed industrial robots are actually increasingly employing more people whilst at the same time adding more robots.” His research revealed that 1.25 million new jobs had been added by companies that make extensive use of industrial robots over the previous 6 years. He also found that this trend held among more recent disruptive firms like Amazon and Tesla Motors, but also older and more established companies like Chrysler, Daimler, Philips Electronics and others.

So, it’s worth keeping these facts in mind next time you read an article or book that declares that the sky is falling and that technological innovation is going to destroy labor markets and living standards. The entirety of human history points in the opposite direction. We should be bullish about our ability to muddle through tough times of technological change and flourish in the long run.

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The Most Important Tech Policy Books of 2008 https://techliberation.com/2008/12/07/the-most-important-tech-policy-books-of-2008/ https://techliberation.com/2008/12/07/the-most-important-tech-policy-books-of-2008/#comments Sun, 07 Dec 2008 21:26:19 +0000 http://techliberation.com/?p=13710

It’s been a big year for tech policy books. Several important titles were released in 2008 that offer interesting perspectives about the future of the Internet and the impact digital technologies are having on our lives, culture, and economy. Back in September, I compared some of the most popular technology policy books of the past five years and tried to group them into two camps: “Internet optimists” vs. “Internet pessimists.” That post generated a great deal of discussion and I plan on expanding it into a longer article soon. In this post, however, I will merely list what I regard as the most important technology policy books of the past year. Best Tech Books of 2008 (covers)

What qualifies as an “important” tech policy book? Basically, it’s a title that many people in this field are currently discussing and that we will likely be talking about for many years to come. I want to make it clear, however, that merely because a book appears on this list it does not necessarily mean I agree with everything said in it. In fact, I found much with which to disagree in my picks for the two most important books of 2008, as well as many of the other books on the list. [Moreover, after reading all these books, I am more convinced than ever that libertarians are badly losing the intellectual battle of ideas over Internet issues and digital technology policy. There’s just very few people defending a “Hands-Off-the-Net” approach anymore. But that’s a subject for another day!]

Another caveat: Narrowly focused titles lose a few points on my list. For example, as was the case in past years, a number of important IP-related books have come out this year. If a book deals exclusively with copyright or patent issues, it does not exactly qualify as the same sort of “tech policy book” as other titles found on this list since it is a narrow exploration of just one set of issues that have a bearing on digital technology policy. The same could be said of a book that deals exclusively with privacy policy, like Solove’s Understanding Privacy. It’s an important book with implications for the future of tech policy, but I demoted it a bit because of its narrow focus.

With those caveats in mind, here are my Top 10 Most Important Tech Policy Books of 2008 (and please let me know about your picks for book of the year):

(1) Jonathan Zittrain ­– The Future of the Internet, and How to Stop It

Zittrain Future of the Net coverZittrain’s book is the most important of 2008 because it’s the one we will still be talking the most about a decade from now. However, I think we’ll be talking about how wrong his thesis was that the “generative” Internet and general purpose PCs are dying.  Indeed, I’ve been quite critical of the thesis that Jonathan sets forth in his book, and I have discussed my reservations in a lengthy book review and a series of follow-up essays here and elsewhere. (Part 1, 2, 3, 4, 5).  We’ve also debated his book on the an NPR-Boston [audio is here] and we debated in person at New America Foundation in early November [video is here].

Despite my serious reservations, Jonathan’s book is important, well-written, and absolutely deserves your attention if you care about the future of technology policy.

(2) Nick CarrThe Big Switch: Rewiring the World, From Edison to Google

Carr Big Switch book coverPart 1 of Nick Carr’s book is an eloquent early history of cloud computing, nicely comparing it to previous technological revolutions. It’s beautifully done. In Part 2 of the book, however, Carr turns sour and argues that the impact of cloud computing will be quite miserable for our economy, culture, and society. The Big Switch probably makes the best case than any Net pessimist has been penned thus far, and for that reason alone it deserves your attention. Ultimately, however, I found his case unconvincing.

You can find my complete review of Carr’s book here.

(3) John Palfrey and Urs Gasser Born Digital: Understanding the First Generation of Digital Natives

Born Digital book cover 2Palfrey and Gasser’s fine early history of this generation of “Digital Natives” serves as a starting point for any conversation about how to mentor and interact with the children of the Web. It’s a comprehensive and very even-handed discussion about a variety of concerns or Internet pathologies, including: online safety, personal privacy, copyright piracy, offensive content, classroom learning, and much more. Despite a few nitpicks, I really enjoyed this book and highly recommend it. Importantly, it is a very accessible book that even the non-tech layman can pick up and appreciate. [Note: Don Tapscott’s Grown Up Digital: How the Net Generation is Changing Your World, shares a lot in common with Born Digital, but Tapscott doesn’t spend much time on policy issues and that’s why his book isn’t on my list.]

My review of Palfrey and Gasser’s Born Digital is here. [Update Feb 2009: I also hosted a podcast about the book featuring Prof. Palfrey.]

(4) Clay ShirkyHere Comes Everybody: The Power of Organizing without Organizations

Shirky Here Comes Everybody While Nick Carr [see #2 above] and Lee Siegel [see #5 below] are leading the “techno-pessimist” parade this year, Clay Shirky is this year’s leading cheerleader for “cyber-optimism.” Shirky argues that the falling costs and growing ease of digital distribution are making it increasingly easy for individuals to engage in group-forming and collective action endeavors. The resulting rise of “mass amateurization” poses a significant challenge to old media operations and traditional business models and practices. In this sense, Shirky is building on many of the themes and arguments previously set forth in books like The Wealth of Networks (Benkler), Wikinomics (Tapscott and Williams), and Convergence Culture (Jenkins). If you’ve already read those titles, you’ll find a great deal of familiar thinking here.

I never got around to putting together a full review of Here Comes Everybody, but Tim Lee had a nice write-up over at Ars earlier this year.

(5) Lee Siegel Against the Machine: Being Human in the Age of the Electronic Mob

Siegel cover 2Siegal is this year’s Andrew Keen; a cyber-sourpuss who thinks the whole world is going to hell and that the Internet is to blame. Like Keen’s Cult of the Amateur, Siegel’s Against the Machine is an anti-Web 2.0 screed that finds no redeeming qualities about the Internet or user-generated content.  In particular, Wikipedia and amateur production are blasted as being detrimental to professional media.

Both Siegel and Keen are essentially channeling the ghost of the late Neil Postman, whose 1992 book Technopoly remains the classic statement of techno-pessimism. They prove worthy disciples as they preach the Gospel According to Chicken Little and push for a neo-Luddite revival. But Siegel’s techno-pessimism is boundless and his hatred for all things digital is truly breathtaking. For that reason, however, his book deserves attention.

My lengthy critique of Siegel’s book can be found here.

(6) Ronald J. Deibert, John G. Palfrey, Rafal Rohozinski, and Jonathan Zittrain (eds.) – Access Denied: The Practice and Policy of Global Internet Filtering

Access DeniedThis is essential reading for anyone studying the methods governments are using to stifle online expression. The contributors provide a regional and country-by-country overview of the global state of online speech controls and discuss the long-term ramifications of increasing government filtering of online networks. Even if you don’t read the whole thing, this is a must-have title for your bookshelf since there is no other resource out there like this. And it should be required reading in every cyberlaw class in America. [Note: It also contains a very helpful chapter on the mechanics of Net filtering.]  Very highly recommended.

(7) Hal Abelson, Ken Ledeen, and Harry LewisBlown to Bits: Your Life, Liberty, and Happiness After the Digital Explosion

Blown to Bits coverThink of this book as “Internet Policy for the Educated Layman.” Abelson, Ledeen, and Lewis survey a broad swath of tech policy territory — privacy, search, encryption, free speech, copyright, spectrum policy — and provide the reader with a nice history and technology primer on each topic. Like Palfrey and Gasser’s Born Digital [see #3 above], Blown to Bits is very accessible and each chapter contains a great deal of useful information to bring you up to speed on the hottest tech policy debates under the sun. Recommended.

My review of Blown to Bits can be found here.

(8) Lawrence Lessig Remix: Making Art and Commerce Thrive in the Hybrid Economy

Lessig Remix cover

Remix treads a lot of ground already covered in Lessig’s other books and essays (perhaps it should have been called “Rehash”), but it more fully develops his thinking on the legal treatment of derivative works. Actually, in some ways (especially in the second half of the book), it’s more of a restatement of much of what is found in Benkler’s Wealth of Networks, albeit in a far less verbose fashion. Regardless, Prof. Lessig has attained rock-star status in tech policy circles and the release of each of his new books or papers becomes a bit of an event. Remix has been no different. It has already attracted a great deal of attention and deserves to be on this list for that reason alone. But if you have read his previous work, you’ll already be familiar with much of what you find in Remix.

Generally speaking, I thought Prof. Lessig made a good case regarding the benefits of remix culture and why copyright law should leave breathing room for the various derivative works of amateur creators. But he too often blurs remix culture with “ripoff culture” (i.e., those who aren’t out to create anything new but instead just take something without paying a penny for it). To solve that latter problem, he endorses a “simple” blanket licensing scheme for the Internet. In this essay, I addressed why blanket online licensing would be anything but simple.

(9) James Bessen and Michael J. Meurer Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk

Patent Failure coverBessen and Meurer argue that America’s patent system is in trouble because “it fail[s] to provide clear and efficient notice of the boundaries of the rights granted.” Patent litigation has exploded, they say, and the costs of the system now outweigh the benefits. Generally speaking, with the exception of the chemical and pharmaceutical industries, Bessen and Meurer don’t feel the patent system does a lot of good.”[I]t seems unlikely that patents today are an effective policy instrument to encourage innovation overall,” they conclude. They detail several reforms to help improve notice and to “make patents work as property” again the way they claim they once did.

Although the authors deal with patents broadly, the book has great relevance to digital technology policy because of their discussion of business method patents and software patents. (Incidentally, that chapter from the book is available online). They argue that software technology is especially prone to problems of “abstraction” and obviousness. As a result, software patenting has been a major contributor to the litigation explosion we have seen in recent years.

Although I agree with their case against software patents, I remain unconvinced that the patent system is failing as badly as Bessen and Meurer claim. Nonetheless, they present a powerful case that deserves to be taken seriously. Patent Failure will have an enormous impact on these debates going forward.

For more opinions on the book… Tim Lee posted a favorable review of Patent Failure over at Ars this summer. And, back in March, there was a lively discussion about the book over at Patently-O. Finally, at last year’s PFF “Aspen Summit,” Michael Meurer debated these issues with some of America’s leading patent law experts. Bronwyn H. Hall, Professor of Economics at Cal-Berkeley, challenges his findings. The video of that panel is here.

(10) Daniel Solove Understanding Privacy

Solove Understanding Privacy book cover Daniel Solove’s book — and his approach to classifying and dealing with privacy problems — will have a profound impact on all future privacy debates. In that sense, it is a vital text; a must read for all who follow, or engage in, privacy debates.  On the other hand, Solove’s claim that he can construct a new paradigm based strictly on a pragmatic, utilitarian, “?problem-solving” approach, is ultimately a failure. There is just no getting around the fact that, at some point, you are going to have to provide a more robust theory of rights or justice to explain why one right trumps another. I elaborate in this lengthy critique of Solove’s Understanding Privacy.


Honorable Mentions: Here are a couple of titles that I couldn’t fit on my list but that you might want to also consider reading: Neil Netanel – Copyright’s Paradox; Matt Mason – The Pirate’s Dilemma: How Youth Culture Is Reinventing Capitalism; David Friedman – Future Imperfect: Technology and Freedom in an Uncertain World; Cory Doctorow — Content; and Don Tapscott — Grown Up Digital: How the Net Generation is Changing Your World.

Please let me know if there are other titles I have overlooked, and let me know your opinion about the best technology policy book(s) of 2008 by voting in our poll and commenting more down below.

[poll id=”3″]

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