" /> SIVACRACY.NET: September 2007 Archives

« August 2007 | Main | October 2007 »

September 28, 2007

My Alercation post on the Yankees' great triumph

Media Matters - Altercation: Slackerish Friday

Name: Siva Vaidhyanathan
Hometown: The Yankee fan section of Charlottesville, VA

Eric:

Admit it. You knew all along the Yankees were going to come back from a billion games behind Boston to scare the crap out of them and (still hoping) perhaps topple them from the AL East perch. At least you knew they would be a playoff team all along, right? All that whining about the NYTimes coverage had be a front for your incessant visions of Yankee greatness that would envelop your sports media world come October.

Now, I have been meaning to write to you about this Times baseball coverage thing. Look, it's just plain silly to even care what the Times does with its sports pages. Who the heck reads the Times for sports? It has had the worst sports section in America since Teddy Roosevelt tried to outlaw football. A section like that, with some of the dumbest sports columnists and most boring reporters can't possibly matter to anyone. Geez, most of the country (including, sadly, me) does not even get east coast night scores in their Times every morning. All the standings are a day behind in the national edition.

But let's try to understand the motivation of Times sports editors. We all know that journalists are trained to follow the best story, regardless of real-world implications or relevance. So what's the best story in New York from April through October? Better bike lanes on 9th Avenue? Floating swimming pools off the Brooklyn waterfront? No. It's the yearly turmoil and drama of the Yankees, the early-season domination by Boston, followed by the annual post-All-Star-Game Yankee surge, the questions about whether Joe Torre still has it (answer: damn right he does), the brilliant personnel moves by GM Brian Cashman, and the inevitable clutch heroics of one Derek Sanderson Jeter. We all knew those things were going to be part of the plot. Why not cover it better than the frustrating hiccups we are hearing from over in Queens?

Oh, and I am sorry and surprised about the prospect of seeing the Mets choke away a season-long lead to, ahem, Philadelphia. I sincerely thought that Willie Randolph would bring some of his Yankee character across the TriBoro Bridge. But, come to think of it, Joe Torre played for the Mets for years and that has not seemed to detract from his performance in the Bronx.

Down here in Virginia, I have had the worst time getting out-of-region games on television. Neither DirectTV (a Rupert Murdoch-owned nightmare with the worst customer service of any company in America -- even worse than USAir) nor DishNetwork (a better company with pathetic sports options) can get me either Red Sox (for the wife, of course) or Yankee games with any regularity. They both offer both NESN and YES, but -- get this -- black out the baseball games! As if there were any other reason to watch NESN or YES! I can't get Comcast Cable to serve my house because it is recent construction and their computers don't believe that my house exists.

So here I sit, an American, with money ready to spend, living in an age of hyper-fast digital communication, and I cannot get anybody to sell me all the services I want. I want to see the Patriots and the Bills every Sunday (I know: why would anyone WANT to see the Bills this year). I want my Texas Longhorns on Saturdays. I want to see the Yankees and/or Red Sox every night. I want to see The Simpsons every Sunday and The Office every Thursday.

DirectTV will get me NFL and MLB if I pay for the premium subscription packages. But it will not let me see any local channels or network feeds. I am not making this up. They blame the FCC. I don't really understand.

DishNetwork will get me local network channels, but it does not carry either the NFL or MLB packages.

And Comcast would get me the baseball and the local, but not the football. Well, that's if they could ever find my house.

Why won't these companies take my money?

Now, I know that with 45 million Americans living without health insurance and thousands of soldiers serving way too long over in Iraq I should hardly be whining about this situation, but do you see where I am going with this? The market does not provide because the FCC does not force the market to work. In too many areas of American life, especially in media, our government facilitates sweetheart deals, exclusive contracts, and fails to insist that utilities compete fairly. Broadcasting is bad. But mobile phone service is worse.

I hope the next administration takes media regulation seriously. There is much more at stake here than sports.

Meanwhile, at least the Yankees will clinch the division against Baltimore this weekend. I get all the crummy Orioles games down here. And I get all the games with that team with a W on their red caps from the league where they let pitchers hit. Sigh.

Oh, and as far as the Yankees' amazing season, to quote Stephen Colbert, I accept your apology.

Eric replies: I admit that I expected the Yankee "surge" deep down, just as I expected that Bush would escalate the war after the country voted in 2006 to end it. As goes Bush and the Republicans ... (In fact, I think the Yankee payroll would just about cover the escalation costs ...) As for the Mets, well, I am indeed without excuses. It's a great game when a team can brag, "Never before has a team that was up seven games with only 17 to go did not make it to the go**am playoffs."

Tim Wu is writing a Net Neutrality book!

He gives us a taste here.

Oh my.

Uh Oops: There Are No Words - Deadspin

Scott McLemee endorses Zotero

Zotero is free, open-source software that runs as a FireFox plugin. It does much of the work of bibliographic software like Endnote, but it's specifically for online research.

I have used it a little I am not sure I like it. I like the idea of it. But I need to use it more to get a sense of whether it will really serve me well in the long run.

What I love about Endnote is that it works with MS Word (which I hate) to embed formatted citations in my work. I don't think Zotero would let me do that. But over at my Google blog, someone mentioned that you can use Zotero with Google Docs to simulate footnotes.


Over at Inside Higher Ed Scott McLemee looks at how it works.

Mark of Zotero

By Scott McLemee

Zotero is a tool for storing, retrieving, organizing, and annotating digital documents. It has been available for not quite a year. I started using it about six weeks ago, and am still learning some of the fine points, but feel sufficient enthusiasm about Zotero to recommend it to anyone doing research online. If very much of your work involves material from JSTOR, for example – or if you find it necessary to collect bibliographical references, or to locate Web-based publications that you expect to cite in your own work — then Zotero is worth knowing how to use. (You can install it on your computer for free; more on that in due course.)
Intellectual Affairs
Related stories

* Students’ ‘Evolving’ Use of Technology, Sept. 17
* Is the iPhone Too Popular at Duke?, July 18
* A Lesson in Viral Video, Feb. 7
* Return to Sender, Nov. 27, 2006
* So Much for Good Intentions, Aug. 7, 2006

E-mail this page E-mail

Print this page Print

Now, my highest qualification for testing a digital tool is, perhaps, that I have no qualifications for testing a digital tool. That is not as paradoxical as it sounds. The limits of my technological competence are very quickly reached. My command of the laptop computer consists primarily of the ability to (1) turn it on and (2) type stuff. This condition entails certain disadvantages (the mockery of nieces and nephews, for example) but it makes for a pretty good guinea pig.

And in that respect, I can report that the folks at George Mason University’s Center for History and New Media have done an exemplary job in designing Zotero. A relatively clueless person can learn to use it without exhaustive effort.

Still, it seems as if institutions that do not currently do so might want to offer tutorials on Zotero for faculty and students who may lack whatever gene makes for an intuitive grasp of software. Academic librarians are probably the best people to offer instruction. Aside from being digitally savvy, they may be the people at a university in the best position to appreciate the range of uses to which Zotero can be put. ...

NY Mets' collapse the second-worst in baseball history

Truly stunning.

Glad I am a Yankee fan!

The Amazon DRM-free music store: You can listen, but you can't mash it up

There has been a lot of positive buzz about Amazon.com MP3 Downloads. It's great to see major labels figure out that digital rights management is just plain dumb.

But here is the catch: To get a song you have to agree to a "user agreement." I don't remember any other Amazon product including such a license. The license makes you click away your first sale rights, i.e. you can't distribute the file to your sister once you are bored with it. This is not too surprising. The Copyright Office already made it clear that we should not consider first sale to be relevant for digital works. Sucks. But true.

But more alarming, the contract you click with Amazon forbids you from mashing up the music into something new or better:

Amazonnomashups.jpg


And what is the deal with the "Amazon Music Downloader?" If you buy just a song, you don't need it. You can just, well, download the song. But if you buy an album you MUST install the downloader.

Why must I install this mysterious software just to download MP3s? I suspect it's a way to embed metadata on the MP3 so that it is traceable later.

Anybody know what's up with it?

A Flickr Copyright Story

Here. If after reading it you don't already understand why I am not including an excerpt in this post, go here. We will of course assume the blog's author obtained permission to post these photos, especially given that the blog runs advertisements.

September 27, 2007

Snake v. Slug

I like the last part, where the snake seems to be having dry heaves. Via Shakesville.

Verizon backs down on political censorship of SMS texts

Verizon Wireless Statement on Text Messaging:


BASKING RIDGE, N.J., Sept. 27 /PRNewswire/ -- On Wednesday, September 26, Verizon Wireless received a letter from NARAL regarding the company's policy on text messaging. The following statement may be attributed to Jeffrey Nelson, spokesperson for Verizon Wireless.

"The decision to not allow text messaging on an important, though sensitive, public policy issue was incorrect, and we have fixed the process that led to this isolated incident.

"Upon learning about this situation, senior Verizon Wireless executives immediately reviewed the decision and determined it was an incorrect interpretation of a dusty internal policy. That policy, developed before text messaging protections such as spam filters adequately protected customers from unwanted messages, was designed to ward against communications such as anonymous hate messaging and adult materials sent to children.

"Verizon Wireless is proud to provide services such as text messaging, which are being harnessed by organizations and individuals communicating their diverse opinions about issues and topics. We have great respect for this free flow of ideas and will continue to protect the ability to communicate broadly through our messaging service."

You might have read in the NYTimes and elsewhere this morning that Verizon had banned NARAL from using its SMS subscription service to motivate members for action.

I am about to do a radio interview about this issue with Brian Lehrer on WNYC.

UPDATE: Here is the show I did this morning. Unfortunately, the text on the page makes it seem like I ENDORSED Verizon's censorship of NARAL! For the record, of course I did not.

NaDa Software

Free downloads!

September 26, 2007

My new state: Purple but turning blue!

Election Central | Talking Points Memo | Poll: Dems Running Ahead In...Virginia!

Poll: Dems Running Ahead In...Virginia!
By Eric Kleefeld - September 25, 2007, 11:14AM

A new SurveyUSA poll shows that Virginia -- a state that hasn't gone Democratic for president since 1964 -- could be a Dem pick-up in 2008, with Republicans winning only one of nine match-ups:

Clinton (D) 50%, Giuliani (R) 44%
Clinton (D) 50%, Thompson (R) 43%
Clinton (D) 53%, Romney (R) 38%
Obama (D) 46%, Giuliani (R) 45%
Thompson (R) 47%, Obama (D) 45%
Obama (D) 50%, Romney (R) 38%
Edwards (D) 48%, Giuliani (R) 43%
Edwards (D) 49%, Thompson (R) 39%
Edwards (D) 52%, Romney (R) 33%

The margin of error is ±4.5%, so few of these leads are beyond the margin. It still says something, though, that polling here could even be close in the first place.

My current favorite mashup

Sue Teller Mashes It Up


Jay Rosen thinks Rather is nuts

Rather may be. But I think Jay is wrong about this.

Dan Rather was Right (and CBS corrupted by desires to please Republicans)

Eric Boehlert reminds us that Rather got his facts right but got fired anyway:

1) The Republican-led CBS investigation failed to show that the documents in the CBS report were forgeries.

2) Relentless pressure from right-wing bloggers and pundits pushed the truth right out of the debate and made CBS bow.

3) Every major media organization (save the Boston Globe) used the meta-flap of the Rather story as cover to ignore the fact that the story was true: George W. Bush was a deserter from his Air National Guard service (which he had pulled strings to get so he could dodge the draft and let poor people do his fighting for him):

... The quick back story: Following his graduation from Yale University in 1968, at a time when nearly 350 U.S. troops were dying each week in Vietnam, Bush managed to vault to the top of a 500-person waiting list to land a coveted spot in the Texas Air National Guard. On his application where the form asked for "background qualifications of value to the Air Force," Bush wrote, "None." Despite a complete lack of aviation or ROTC experience, despite scoring in the 25th percentile on his pilot aptitude section -- the lowest allowed score for aspiring fliers -- and despite having been arrested twice for college pranks, as well as having four driving infractions, Bush was approved for an automatic commission as a second lieutenant and assigned to flight school.

In spring 1972, after receiving $1 million worth of taxpayer-funded flight training, Bush unilaterally decided he was going to stop flying and attempted to transfer from his Houston base to a non-flying, paper-pushing postal unit in Alabama. The request was denied. While Bush searched for a new unit, he took the summer off, never bothering to show up for his mandatory monthly drills. Bush was eventually ordered to report to a flying unit in Montgomery, Alabama. There is no evidence Bush ever showed up there, which means he missed more weekend training sessions. In July of that summer, Bush also failed to take his mandatory annual physical and was grounded by the Guard. In 1973 Bush was supposed to return to his base in Houston but again he was a no-show; his commanders in May 1973 claimed they had no idea where he was. Then between the summer of 1973 to the time he was discharged in 1974, there's little evidence that Bush ever attended training sessions, which means for nearly two years Bush snubbed his Guard duty.

Here are the 10 discrepancies that would have gotten any other Air National Guard member severely reprimanded, and certainly would have, later in life, derailed any presidential aspirations:

1. Upon entering the Guard, Bush agreed that flying was his "lifetime pursuit" and that he would fly for the military for at least 60 months. After his training was complete, he owed 53 more months of flying.

Bush flew for only 22 of those 53 months.

2. In May 1972, Bush left the Houston Guard base for Alabama. According to Air Force regulations, Bush was supposed to obtain prior authorization before leaving Texas to join a new Guard unit in Alabama.

Bush failed to get the authorization.

3. On his transfer request to Alabama Bush was asked to list his "permanent address."

He wrote down a post office box number for the campaign where he was working on a temporary basis.

4. According to Air Force regulations, "[a] member whose attendance record is poor must be closely monitored. When the unexcused absences reach one less than the maximum permitted [sic] he must be counseled and a record made of the counseling. If the member is unavailable he must be advised by personal letter."

There is no record that Bush ever received such counseling, despite the fact that he missed drills for months on end.

5. Bush's unit was obligated to report to the Personnel Center at Randolph Air Force Base whenever a monthly review of records showed unsatisfactory participation for an officer.

Bush's unit never reported his absenteeism to Randolph Air Force Base.

6. In July 1972, Bush failed to take a mandatory Guard physical exam, which is a serious offense for a Guard pilot. The move should have prompted the formation of a Flying Evaluation Board to investigate the circumstances surrounding Bush's failure.

No such Flying Evaluation Board was convened.

7. On Sept. 29, 1972, Bush was formally grounded for failing to take a flight physical. The letter, written by the chief of the National Guard Bureau, ordered Bush to acknowledge in writing that he had received word of his grounding.

No such written acknowledgment exists.

8. Each time Bush missed a monthly training session he was supposed to schedule a make-up session, or file substitute service requests. Bush's numerous substitute service requests should have formed a lengthy paper trail with the name of the officer who authorized the training in advance, the signature of the officer who supervised the training and Bush's own signature.

No such documents exist.

9. During his last year with the Texas Air National Guard, Bush missed a majority of his mandatory monthly training sessions and supposedly made them up with substitute service. Guard regulations allowed substitute service only in circumstances that were "beyond the control" of the Guard member.

Neither Bush nor the Texas Air National Guard ever explained what the uncontrollable circumstances were that forced him to miss so many of his assigned drills during his last year.

10. On June 29, 1973, the Air Reserve Personnel Center in Denver instructed Bush's commanders to get additional information from his Alabama unit, where he had supposedly trained, in order to better evaluate Bush's duty.

Bush's commanders ignored the request.

But why do I bother with these silly facts? Everybody knows the Guard story is bogus. And everybody knows Dan Rather is crazy for suggesting otherwise.

How Gay-Friendly is your University?

Check out the LGBT-Friendly Campus Climate Index.


gayfriendly.jpg

September 25, 2007

"Ronald Reagan vs. the University Press"

From Inside Higher Ed:

... Those of us who work in books tend to see the early years of scholarly publishing as a kind of intellectual utopia. Universities subsidized not only the research and writing of books, but their publication, marketing, and — through library budgets — their purchase. Indeed, the viability of most university press books was largely assured on the basis of their library sales alone. It was an almost perfectly closed economic circle.

This benign socialist cycle functioned more or less unhindered from the creation of university presses around the turn of the 20th century until it was eroded by the flood of federal education dollars loosed by World War II. The influx of wartime cash accelerated the growth of existing fields and sparked the equally swift development of new ones. The cumulative result was the mega-university, with its sprawling campuses, big-budget research projects, and close ties to government agencies and corporate R&D units. Meanwhile, the G.I. Bill fueled enormous increases in student enrollments.

This convergence of forces taxed the capacity of the higher-education system as a whole, and the publication system in particular: Although presses flourished during the 1950s and ‘60s, the effort required to accommodate such rapid growth was quietly taking its toll. The strain of publishing the system’s vastly-increased output was compounded by a variety of wider social stresses: campus integration; anti-war protests; the emergence of new constituencies and consequent calls for curricular relevance. The 1970s piled on rising oil prices, historic rates of inflation, and growing unemployment. By the mid-1970s, the edifice was collapsing under its own weight. The volume of published output had increased beyond the absorptive capacity of publishers’ scholarly readership; while at the same time the market itself was shrinking, the result of severe cuts to university library budgets — historically a significant consumer of academic books.

***

And then there was Reagan. With his election to the White House in 1980, Ronald Reagan — who as governor of California had led the charge against his own state university system — ushered in an ideology of tax cuts, reductions to government programs and private-sector gimmes that proved absolutely toxic to public universities. Some of the programmatic cuts came at the federal level: the research budgets of NOAA, NIST and the Department of Energy were slashed during his administration, for example, But these were hardly the main sources of government spending on higher education. The worse damage resulted from Reagan’s “federalist” devolution of spending burdens onto the states, the universities’ primary source of support. Program cuts and tuition increases became the norm — and continue to be so to this day. ...

Read the whole thing here.

Designing Horses

Here's a question for the man on the street: Who is the Librarian of Congress? Don't know? The answer is Cold Warrior James Billington! In contrast, I was amazed at the number of regular French citizens who had heard of the man who had famously led their national library, a diverse group which included engineers, waiters, mothers of autistic children, toy designers, hotel clerks, and grad students in computer science. I doubt such a diverse cross section of the American public would know the name of our librarian-in-chief.

I interviewed Jean-Noël Jeanneney, famed Google critic and former head of the Bibliothèque nationale de France in his unassuming offices at Europartenaires for the chapter on digital libraries for my upcoming Virtualpolitik book from MIT Press. Of course, I think it's an issue that more Americans should care about, given the monetary value, cultural capital, and life-or-death difference that information can make in our daily lives. If I had a film crew, I'd want to do a muckracking comparative documentary on the subject, à la Michael Moore's Sicko, rather than an academic book, to show why citizens of other countries are willing to devote more of their taxpayer dollars to digitization efforts and debate digitization choices.

For a man who once presided over the four looming ultra-modern towers of the BNF and its prison-like impersonal reading rooms, it was strange to sit down at a table with Jeanneney, after being let to his office past a kitchen, in a building full of modest flats near the city's main mosque.

The title of this posting comes from Jeanneney's definition of a "camel" as a "horse designed by committee." Known for his executive authority leading France's efforts to build a massive digital library and some might say his autocratic style, I found him to be a remarkably engaged and energetic participant, in which he comes off as much younger than his sixty-five years, in the debate about what Siva Vaidhyanathan has called "The Googlization of Everything." Jeanneney's own book on the subject, which appears in English under the title Google and the Myth of Universal Knowledge, has also been translated into Arabic, Portuguese, Chinese, German, Japanese, and Spanish and will shortly be out in paperback. Ironically, I discovered that the very first hit on Google for the book is this one.

In short, Jeanneney argues that the Mountain View, California company is benefiting from "the philosophy of American capitalism" combined with oligarchical tendencies that date back to "old Greece" when "wealthy people" were in charge of "defining culture." In contrast, Jeanneney argues that consumers must pay for their culture somehow, a message that goes back to his time heading France's public broadcasting network, when he argued that "no radio is free," and that of the "two systems of financing culture" it was better to go with the publicly financed one in which metamedia is seen as part of the public interest.

It was an extended discussion about national resources, intellectual property, social media, the public good, and other fundamental questions about ethics and epistemology. At one point he gave me a copy of his rhetorically fascinating farewell letter to the staff of the BNF, entitled Lettre aux personnels de la Bibliothèque nationale de France au moment de leur dire adieu, a seventy-eight page printed document in which he tries to have the last word in a contentious debate about archival policies.

Although he's known as a Google-critic or as he says "not a Googlist," Jeanneney also admitted to relying on the search engine, like most academics, as Berkeley researcher Diane Harley has shown. He was not aware, however, that the BNF had a prominently displayed Google search interface on its web page, even during the time of his tenure, according to the Internet Archive. (See above.) He also said that there was a certain "ambivalence" created by the heroic narrative of the "birth of Google," although he believed that the limits of their idealism could be clearly seen just in schemes to alter page ranking to suit the highest bidder. Like Ted Nelson, earlier this week at the ACM Hypertext Conference, he also pointed to Google's mortality, and the fact that it was a "fragile giant." He even expresses some perverse gratitude toward the company, because he claimed that it encouraged Europe to mobilize.

As to the cultural politics of France, he had some choice words after his forced retirement from the BNF. He also said that it was too early in the Sarkozy administration to judge the strength of what he characterized as a "laziness of feeling" about strategic planning for mass digitization that he thought could be a feature of both the political right and left. He pointed out the irony of the scale of the cost, when the eight million euros he was requesting would be comparable to the cost os a "big apartment in the sixteenth district." (I stayed in the 17th during my visit.)

I asked him about his praise for the Library of Congress in his book, particularly of the American Memory Collection, which I find to be incoherent in its historical vision and riddled with troubling incursions of private interest, the most obvious of which is the archive devoted to Coca Cola advertisements, which was paid for by guess who. At this he indicated that I might me "more anti-American" than he was, although he explained that much of this was a rhetorical move aimed to assuage cultural conflicts between the two countries linked to the Iraq war. He also seemed less focused on the linguistic politics of the Internet in our interview, which was largely conducted in English, than I had expected, given that so much of the book was about resisting English hegemony.

Since I had just spoken with librarians at the British Library who demonstrated the machines involved in their corporate partnership with Microsoft, I asked him if he thought that the paradigm there was really as different from the Google model, as they had claimed. He seemed skeptical about Great Britain's commitment to digitization and warned of the danger of "seduction" by the private sector, although he felt that they had moved toward a greater European cultural identity in recent years. (And, just so you can feel like you've learned another piece of cocktail party trivia from this column, I will add in the fact that the head of the British Library in Lynn Brinley.)

Despite his ambitious digital information infrastructure-building goals, Jeanneney is skeptical about Internet utopianism. Later in the week, his essay in Le Débat about the concept of "gratuité" was slated to appear in which Jeanneney questions the ideology of "free culture." He has also been critical of Wikipedia of late: in Le Point in "Wikipédia, une encyclopédie pas si Net," which translates as "Wikipedia, a not so nice encyclopedia," he argued that that "the road to hell is paved with good intentions" and that the notion of collective intelligence represented faith in a "mysterious alchemy" by which the sum of individuals would produce a superior rather than an average intellectual output.

To his credit, Jeanneney also recognized the importance of archiving "born digital" materials early on by using "les robots" to "augment," "harvest," and "collect" digital ephemera, which in the French case -- like many other countries -- first involved saving web pages relevant to the 2002 elections. He also said that he had bought materials from Brewster Kahle and the Internet Archive to improve the nation's digital collections.

At the end of the nearly two-hour-long interview he showed me a framed print of one of the wonderful globes that the BNF has put on display, next to his current window on the world. If you speak French, you can check out the podcasts of Jeanneney's popular radio show, Concordance des temps, here, in which he brings on an historian to discuss then-and-now historical parallels on subjects such as high profile poisonings.

Over at googlizationofeverthing.com: "Where is this book going?"

Where is this book going? (The Googlization of Everything):


In less than 10 years since the search engine first appeared and spread through word of mouth, Google.com has radically altered the rules of the game for at least six major industries: Advertising, software applications, geographic services, e-mail, publishing, and Web commerce itself. The company did this through a remarkable confluence of intellectual hubris and technical prowess.

But now, as we face the impending Googlization of everything, we should ask some hard questions about how Google is not only “creatively destroying” established players in various markets, but is also altering the very ways we see our world and ourselves.

If Google becomes the dominant way we navigate the Internet, and thus the primary lens through which we experience both the local and the global, then it will have remarkable power to set agendas and alter perceptions. Its biases are built into its algorithms. It knows more about us every day. We know almost nothing about it.

The company itself takes a technocratic approach to any larger ethical questions in its way: they are engineers. Every potential problem is either a bug in the system yet to be fixed or a feature in its efforts to provide better service. This attitude masks the fact that Google is not a neutral tool or flat plane of glass. It is an actor and a stakeholder in itself. And more importantly, as a publicly traded company, must act in its own short-term interest despite its altruistic proclamations.


Google has utterly infiltrated our culture. It is a ubiquitous brand, used as a noun and a verb everywhere from adolescent conversations to scripts for Sex and the City. Its stock price soared in value after its initial offering in 2004, although it has eroded by nearly 30 percent from its peak in the early months of 2006. Its revenue has more than doubled to $3 billion per year since the offering. Since the initial public offering Google has aggressively acquired other firms like the video-hosting site YouTube and the Internet advertising company DoubleClick. The core service of Google.com – its Web search engine – handles more than 50 percent of the Web search business in the United States and is growing at an impressive rate.

To preserve its status as the elite, venerated, and fast-moving technology company of the future, Google must do two things. It must continue to convince the world that it is the anti-Microsoft. And it must find more things to index and expose to the world.

Clearly, Google has to protect its brand by being seen as the good guy. And so far it has. The damage Google has done to the world is largely invisible. Google got big by keeping ads small. It carefully avoided pinching our marketing-saturated nervous systems and offered illusions of objectivity, precision, comprehensiveness, and democracy. After all, we are led to believe, Google search results are determined by peer-review, by us, not by an editorial team of geeks. So far, this method has worked wonderfully. Google is the hero of word-of-mouth marketing lore. Google guides me through the open Web, the space that Microsoft does not yet control. Yet Google must get bigger to satisfy its new stockholders. It must go new places and send its spiders crawling through un-indexed corners of human knowledge. Google’s mission statement includes the rather optimistic and humanistic phrase, “to organize the world's information and make it universally accessible and useful.” But Google co-founder Sergey Brin once offered a more ominous description of what Google might become: “The perfect search engine would be like the mind of God.” [Make more of this line about Google being like the mind of God. Brin’s comment suggests that the power of God would be available to all of us, whereas in truth we would be at its mercy.]

Criticisms and concerns notwithstanding, Google is a terribly impressive company. It is perhaps the best company for which to work in the entire world. Its employees get ample rewards, intellectual freedom, and daily perks like free massages. It has reached remarkable heights of wealth and income without polluting a river or crushing a child’s arm in a machine. It does not cause cancer or bullet wounds. And its products are generally lauded, and more importantly, used, by both technology experts and the general public. This has led to a general perception that Google can do no wrong as well as no evil. The only loud critics of Google so far have been representatives of industries that Google is shaking up and frustrated human rights and privacy advocates. But that list is growing as the list of criticisms of Google mounts.

This leads to an important question about the company’s future and our future with it: As Google engulfs more essential features of our daily lives, can it remain angelic and independent?

This book will examine the quality and scope of the various ventures and experiments that Google has launched in the past five years and the effects this growth has had on particular communities of knowledge producers.

I am asking four key questions in my examination of Google:

• The phenomenological: How does using Google alter our perceptions of the world? Are its search results accurate and appropriate? How is Google changing its search functions through human intervention? Are Google’s search algorithms inherently conservative, i.e. do they favor the establish and thus limit the dynamism of the Web? How will G affect what we know?

• The cultural and communal: How is Google’s ubiquity affecting the production and dissemination of cultural practice and knowledge? How will G affect what we make?

• The political: how has the corporation altered the rules and practices that govern other companies, institutions, and states? Will advertising ever be the same? Has Google exposed many of the core tenets of advertising to be unfounded? Will Google kill the Superbowl ad? How will G affect the ways that governments and organizations and corporations work?

• The global: how can Google’s technocratic libertarian ideology mesh with the conflicting notions of knowledge and propriety in distant far from Mountainview, California? Will Google’s relationship with the brutal government of the People’s Republic of China be its undoing? Will China change Google more than Google changes China? How will G change the world?

The case study that best demonstrates how Google is rewriting the rules is its Book Search project. Since 2004 Google has been scanning and indexing millions of books from more than 20 university libraries. This program has generated two high-profile lawsuits from publishers and authors' groups. In addition, it has initiated many conversations and debates about the future of print, research, reading, and learning. Google Book Search is significant because it is the first large-scale and comprehensive effort to offer a text-search function for books. Much like the commonly used Google Web search service, Google Book Search would locate the specific string of text that the user placed in a text search box on the Google page. Google Book Search generates and ranks a list of books that contain the search terms.

Since its debut, Google has been the subject of much hyperbole. Legal scholars such as Lawrence Lessig claim that Google Book Search will radically democratize information for every American -- not just academics. Authors like Cory Doctorow applaud Google Book Search for offering them platforms to connect interested readers to particular texts and thus avoid the obscurity of small books getting lost in the mass market. And techno-libertarians like Kevin Kelly have celebrated the transformative nature of electronic texts, arguing that Google Book Search will allow users to connect disparate pieces of information as they see fit, thus evading the tyranny of the book cover and library catalog. This research project would test these claims and get far beyond the particulars of the Book Search program. It would consider the ways that Google’s video hosting services (YouTube and Google Video) are generating legislative and legal action from both content providers such as Viacom and broadband providers like AT&T. Generally, it would consider the ways that Google alters our sense of what is important and trustworthy.

One of the great attractions of Google is that it appears to offer so many powerful services for “free,” that is, for no remuneration. But there is a non-monetary transaction at work between Google and its users. We get Web search, email, Blogger platforms, and YouTube videos. Google gets our habits and predilections so it can more efficiently target advertisements to us. Google’s core business is consumer profiling. It keeps dossiers on all of us. Yet we have no idea how substantial or accurate these digital portraits are. This project will generate a better sense of what is at stake in this “gift” transaction and will generate new theories of corporate surveillance that get beyond the trite “Panopticon” model.

Possible Chapter Outline

Introduction: ".. Like the Mind of God": What Google Wants from Us


Chapter One: "To Organize All the World's Information": From Harnessing Web 1.0 to Generating Web 3.0


Chapter Two: What if Big Ads Don't Work: How Google AdSense has Upended the Industry


Chapter Three: "Don't Be Evil:" Being the Anti-Microsoft


Chapter Four: Is Google a Library?


Chapter Five: Putting the "You" in "YouTube": Challenging Big Media


Chapter Six: The Dossier: How Google Exploits Your Private Information


Chapter Seven: Global Google: How India, China, and Europe are trying to Rein in Google


Chapter Eight: Google Earth: Viewing the World through the Google Lens


Conclusion: A Public Utility?: What we can and should do about Google


September 24, 2007

Speaking of Kembrew: 'Freedom of Expression: The Movie!"

Freedom Of Expression



This educational documentary brings to multimedia life the contents of Kembrew McLeod's book Freedom of Expression®. It was co-produced by Kembrew McLeod and Jeremy Smith -- the same team behind the Media Education Foundation's Money for Nothing: Behind the Business of Pop Music.

Freedom of Expression® will be released in late-October through the Media Education Foundation. It also contains many thematically-related DVD extras, such as the popular short film by Eric Faden, A Fair(y) Use Tale. Click here to view excerpts.
DVD Description

In 1998, university professor Kembrew McLeod (Associate Professor of Communication Studies at the University of Iowa) trademarked the phrase “freedom of expression” — a startling comment on the way that intellectual property law restricts creativity and the expression of ideas. This provocative and amusing documentary explores the battles being waged in courts, classrooms, museums, film studios, and the Internet over control of our cultural commons. Based on McLeod's award-winning book of the same title, Freedom of Expression® charts the many successful attempts to push back the assault on free expression by overzealous copyright holders. Freedom of Expression® is an essential tool for educators, activists, filmmakers, students, artists, librarians, and more.
Praise for Freedom of Expression®

"This smartly-made and seriously funny documentary provides an aerial view of the battleground that is today's copyright landscape. Illustrating the comments of many well-known critics of runaway copyright and trademark law with apt audiovisual examples, Freedom of Expression succeeds as an engaging and concrete presentation."

--Peter Jaszi, Professor of Law at Washington College of Law, American University

"It's about time someone made this movie. 700 Americans get sued into penury every month by the record industry. 70 million Americans file-share. Every generation of technology contains more locks to turn our computers into our masters, not our servants. Worst of all: no one seems to even notice as our tools for free speech are being turned into perfect snitches."

--Cory Doctorow, co-editor, Boing Boing; author of Overclocked: Stories of the Future Present

Featured Interviews

Kembrew McLeod | Communication professor, author of the book Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property and producer of this educational video

Lawrence Lessig | Stanford Law professor; founder, the Stanford Center for Internet and Society; author, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, and Chair, the Creative Commons project

Wendy Seltzer | Intellectual property attorney, and an attorney who helped win the Diebold case

James Boyle | Duke Law professor, co-founder of the Center for the Study of the Public Domain, and author of Shamans, Software and Spleens: Law and the Construction of the Information Society

Carrie McLaren | Journalist, activist, and publisher of Stay Free! magazine , and curator of the Illegal Art Exhibition

Siva Vaidhyanathan | Associate Professor of Culture and Communication, University of Virginia, and author, Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity

Mark Hosler | Artist, co-founder of the sound collage collective Negativland

Marjorie Heins | Founder, Free Expression Policy Project; fellow, the Brennan Center for Justice and Democracy Program; and co-author of the widely read report Will Fair Use Survive? Free Expression in the Age of Copyright Control?

Nelson Pavlosky | Student at Swarthmore College who successfully sued Diebold over the right to publish emails detailing the failure of electronic voting machines, and co-founder of the national student activist organization, Free Culture

Inga Chernyak | Student activist, co-founder the NYU Free Culture chapter

David Bollier | Co-founder of the Washington DC-based advocacy group Public Knowledge; journalist; activist; and author, Brand Name Bullies: The Quest to Own and Control Culture

Pat Aufderheide | Communication Professor, American University, co-director, the Center for Social Media; and co-author, the Documentary Filmmakers' Statement of Best Practices in Fair Use

David Sanjek | Music historian, advisor to the Rock & Roll Hall of Fame, and Director of the BMI Archives

Sut Jhally | Professor of Communication at the University of Massachusetts and founder and Executive Director of the Media Education Foundation

Brilliant Op-Ed by Kembrew

Los Angeles Times:


Uri Geller's YouTube takedown
The 1970s 'psychic' may be abusing copyright law to make embarrassing clips vanish.
By Kembrew McLeod

September 18, 2007

Those of us who grew up in the 1970s probably remember a popular psychic named Uri Geller, who was always on TV back then, bending spoons with his brain, correctly guessing the content of people's doodles and generally blowing the audience's mind. But who could have guessed that his powers would eventually warp free speech and copyright law in the 21st century?

Geller got rich insisting that his supernatural abilities were real, so a number of magicians and skeptics -- most notably James "The Amazing" Randi -- mounted a campaign to discredit the performer. Randi exposed Geller during numerous TV appearances, demonstrating that his mental feats were nothing more than trickery. These old clips, including a NOVA program called "Secrets of the Psychics," have recently begun appearing on YouTube and other video-sharing websites.

This has gotten the alleged psychic, well, all bent out of shape.

Over the last year, he and his business associate have successfully removed many of these clips from the Web by charging that they violate his copyrights. In the 13-minute NOVA program, Geller only claims ownership of eight seconds, yet that was enough for him to file a "takedown" demand with YouTube, using -- or abusing, depending on how you view it -- the Digital Millennium Copyright Act, or DMCA.

The DMCA protects sites like YouTube from copyright infringement claims if, and only if, they quickly comply with takedown requests from copyright holders. These sites have an itchy trigger finger when pressured, often not even asking for proof of ownership. The NOVA program most certainly isn't owned by Geller, nor has he provided proof that he controls the eight seconds in question. He just said that he did.

Using the DMCA, aggressive litigants like Geller and such copyright-hoarding companies as Viacom and Disney can simply make your work disappear if they do not like what you have to say, something that was much more difficult in the pre-digital world.

Even if Geller did own the material, posting the clips would not infringe on his copyrights because of the important U.S. legal doctrine of "fair use." Fair use is an intuitively named concept designed to enable reproductions of copyrighted material in a manner considered "fair." If you aren't using the copyrighted material to mooch off someone's labor, but instead are adding to it for the purposes of commentary, education, parody, news reporting or other transformative uses, then it's fair use. Geller's critics post clips of his old performances not to make money but to engage in a public discussion on his sleight of hand.

When people make overreaching copyright claims just to censor speech they don't like, they are abusing the law. The Supreme Court has consistently held that copyright was designed as a means to promote the dissemination of knowledge and creative expression, not to suppress it. Of course, fair use is not a free pass that allows anyone to copy and distribute anything they wish, but it was nevertheless designed to make sure intellectual copyright and the 1st Amendment can peacefully coexist.

These "copy fights" are first and foremost a free-speech issue. Sadly, many intellectual-property owners and lawyers see it purely as an economic concern. Another problem is that websites often faint at the sound of threatening language in legal nastygrams. It's safer to cave to spurious demands than risk lawsuits from brand-name bullies or obsessives such as Geller.

If YouTube is our new public sphere, we are in trouble, at least when it comes to free speech. YouTube's parent company, Google, is more concerned with its bottom line than anything else, whether it's copyright censorship in the U.S. or political censorship in China.

But all is not hopeless. The DMCA contains a legal tool for resisting unreasonable copyright claims -- the "counter-notice." That's what I filed after YouTube pulled a satirical collage video of mine that mashed up media from another strange staple of my childhood, "Mister Rogers' Neighborhood."

My piece excerpted clips of Fred Rogers saying ominous things such as, "You can never go down the drain" and "boys' and girls' arms and legs don't fall off when you put them in water." (Yes, he actually said that.) The show's copyright owner, Family Communications Inc., filed a takedown notice against my clip in 2006, and it took four months for YouTube to make it available again after I persistently argued that it was fair use. Since then, it has provoked heated arguments on the YouTube discussion board -- a reminder that we should encourage debate and discussion, not suppress it.

As our culture increasingly becomes fenced off, it's all the more important for us to be able to comment publicly on the images, ideas and words that saturate us on a daily basis without worrying about an expensive, if meritless, lawsuit. If we don't defend ourselves, we'll be complicit in letting our freedom erode. By standing up for fair use and against overreaching copyright claims, we can create havens for expression in the age of intellectual property.

Kembrew McLeod is a University of Iowa communication professor and author of a book and director of a companion documentary, both titled "Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property."

Why is Lloyd Doggett (D-Texas) my favorite member of Congress?

Here is one reason why:

Alterman explains Rudy

Giuliani and the fear card:

... Given the fact that Thompson, who alone among the candidates nearly matches him in the polls, appeared to be asleep for the entire week, Rudy was able to remind everyone both that he is the front-runner and also why he is the front-runner. By so vocally attacking the Democratic front-runner he is assuming the mantle of the Republican party in a manner that gives (admittedly crazy) credence to his notion that he is the only candidate in the race who can a) take it to the Democrats on their own turf, and b) protect America from the conspiracy of liberals, Clintonites and terrorists that would like to turn the nation over to al-Qaida just for the fun of it.

Keep that level of fear and anger going, and perhaps nobody's going to notice or care much about the gay/abortion/immigration/six marriages stuff. (The return of the terrifying "Hillarycare" proposal is actually another useful prop in this production.)

Apparently this kind of thing goes over with enough Republican primary voters and campaign contributors to keep the entire circus rolling toward what will be the strangest and in some ways scariest American presidential election in anyone's memory.

September 23, 2007

Meanwhile, over at googlizationofeverything.com

Today The Institute for the Future of the Book launched my new blog, The Googlization of Everything.

Hi. Welcome to my new book. Well, it’s not a book yet. In fact, it will not be a real book for a long time.

As you can tell from the title of this blog, the book will be about Google and all they ways that Google is shaking up the world. Google is a transformative and revolutionary company. I hesitate to use terms like that. We live in an era of hyperbole. So I try my bet to discount claims of historical transformation or communicative revolutions.

But in the case of Google, I am confident it is both.

Now, I am approaching this book as both a fan and a critic. I am in awe of all that Google has done and all it hopes to do. I am also wary of its ambition and power.

As I use this site to compose the manuscript (an archaic word that I love too much to discard) for the book The Googlization of Everything, I hope to do so with your help.

This is the latest in a series of “open book” experiments hosted and guided by The Institute for the Future of the Book. The Institute has been supportive of my work for years – long before I became affiliated with it as a fellow and certainly long before we thought up this project together. As with the other projects by Ken Wark and Mitch Stephens, this one will depend on reader criticism and feedback to work right. So this is an appeal for help. If you know something about Google, hip me to it. If you have an observation about how it works or how it affects our lives, write to me about it.

On occasion, I will post an open question on this blog. Please answer it.

I have never tried to write a book this way. Few have. Writing has been a lonely, selfish pursuit for my so far. I tend to wall myself off from the world (and my loved ones) for days at a time in fits and spurts when I get into a writing groove. I don’t shave. I order pizza. I grumble. I ignore emails from my mother.

I tend to comb through and revise every sentence five or six times (although I am not sure that actually shows up in the quality of my prose). Only when I am sure that I have not embarrassed myself (or when the editor calls to threaten me with a cancelled contract – whichever comes first) do I show anyone what I have written. Now, this is not an uncommon process. Closed composition is the default among writers. We go to great lengths to develop trusted networks of readers and other writers with whom we can workshop – or as I prefer to call it because it’s what the jazz musicians do, woodshed our work.

Well, I am going to do my best to woodshed in public. As I compose bits and pieces of work, I will post them here. They might be very brief bits. They might never make it into the manuscript. But they will be up here for you to rip up or smooth over.

That’s the thing. For a number of years now I have made my bones in the intellectual world trumpeting the virtues of openness and the values of connectivity. I was an early proponent of applying “open source” models to scholarship, journalism, and lots of other things.

And, more to the point: One of my key concerns with Google is that it is a black box. Something that means so much to us reveals so little of itself.

So I would be a hypocrite if I wrote this book any other way. This book will not be a black box.

Of course, it could get ugly in here. I could make tremendous mistakes. I could shoot something out there that shuts all doors at Google. I could undermine my ultimate market (but I seriously doubt that I could). I could just write myself into a corner.

In my next post I will share a rough chapter outline. And I will give some sense of the basic questions and major issues that I hope to tackle in this work.

Ok. As Sgt. Phil used to say, “Let’s roll. And let’s be careful out there.”

Sivacracy will continue to host lively posts and discussions about all things Googlrific. But the Google blog will be the site of this compositional experiment. There will be lots of cross-postings. Please stay tuned to both.

Another Great YouTube Video For Teaching Copyright Law

Amen Brother

Via Bill Patry.

September 22, 2007

One Last Lecture from Professor Randy Pausch

A short overview:

The entire lecture:

Prof. Pausch's homepage is here.

My Two Cents

Since the Cherminsky controversy about academic freedom involves my home institution, I feel compelled to say something about the fiasco and faculty reactions to it as it unfolded, although I was in Europe during the worst of the blowback after Chancellor Michael Drake withdrew Cherminsky's appointment as Dean of UC Irvine's new law school, citing Cherminsky's liberal political opinions as a factor that would make him an unpalatable choice both in conservative Orange County and with the UC Regents who might be allies of the state's Republican governor. As we all know now, eventually the offer was restored so Cherminisky could move forward with his work as dean.

Of course, this isn't UCI's first scandal, and I often joke about teaching what could be a very entertaining course on institutional local politics that would include the fertility clinic scandal, the liver transplant scandal, and a host of other public embarrassments. Furthermore, despite his apparent bungling of the situation, I'll admit to being somewhat sympathetic to potential pressures from donors on Drake, but perhaps it's just because I sat next to him at a dinner in honor of Maxine Hong Kingston one time, and we made delightfully genial small talk over our nouvelle cuisine. In any case, I thought that Vice Provost Michael Clark (my former boss and current co-author) came off remarkably well in his pragmatic statement to the press.

"I think if we can put this back on track and Chemerinsky arrives and does what he needs to do — pull together an ideologically diverse and quality faculty — then this will all blow over and be behind us," Clark said on Saturday. "If not, I think there will be a lot of questions in people's minds about the university and we will just have to work hard to answer them."

As a rhetorician, I've been looking at Drake's official electronic communications, which are reproduced on his website, and at the faculty e-mails that filled the inboxes of individual departments. What's interesting to note is that many faculty members were often using mailing lists just to forward articles from the mainstream media rather than editorializing about the matter in their own voices in a virtual public forum. Through back-channels, I'm sure that people were much more direct about the gross violation of academic decorum that took place, but it seemed that the front channel was largely used for disseminating news and opinion pieces from print newspapers like the Washington Post, New York Times, and Los Angeles Times. Blogs such as Brian Leiter's Law School Reports and Hugh Hewitt were cited occasionally, as was a PDF of a letter from SoCal attorney Dan Stormer declaring "I would not give a dime to this law school" and calling the university's actions "despicable" and characteristic of a "jellyfish," but print media that could be assumed to be more authoritative and credible seemed to have a greater role in these intradepartmental electronic communications.

Mouse in the House

In honor of Siva's book, when I was in Paris, I couldn't help but admire this gallery show by Nicolas Rubenstein, "Mickey is Also a Rat," which plays with some of the copyright anxieties of the Disney corporation.

Storefront Mickey

Of course, like all things that one admires in a storefront in Paris, the gallery was never actually open so I could go inside.

Mickey Memorabilia

Thanks to Jean-Noël Jeanneney, former head of the Bibliothèque nationale de France and author of Google and the Myth of Universal Knowledge and to officials from the French Ministry of Culture for making it a very worthwhile visit to the City of Light anyway.

Mickey Melange

Murder in the Cathedral

While in Manchester, England for the Hypertext 2007 Conference I had to take some illicit photos of the interior of the cathedral that has been a site of the intellectual property dispute between Sony -- as publisher of the videogame Resistance: Fall of Man -- and the Church of England, which is claiming ownership rights over the sacred space that was modeled in the game without their permission. A sign warns that "The images of the Cathedral remain the property of the Dean and Canons of Manchester."

Manchester Cathedral IP Warning

There is some interesting analysis of the controversy by Ian Bogost here that demonstrates his knowledge of the edifice's long history of devastation and reconstruction, but I think Bogost wouldn't describe it as an "impressive monument" if he had traveled to the site in person to see the building's relatively modest real-life scale.

Manchester Cathedral Scaled with People

Note the comparative size of the people in the foreground.

September 21, 2007

The "Blog" of "Unnecessary" Quotation Marks Hits The "Big" Time

See AP article here, which notes:

... The blog wasn't noticed much at first. But about six months ago, things started picking up. "You know how it happens — one person links to you, then others do. Also, everyone has camera phones now," Keeley said in a phone interview. Earlier this week, she was linked on Yahoo!, which quadrupled her traffic for a couple days to about 2,000 hits — though her record is still about 3,000 in a day.

What draws people? The humor, but also partly, Keeley admits, a sense of superiority, at least grammatically speaking — something she tries to avoid herself. "I don't consider myself a prescriptivist or a pedant," she says (really). "So I'm open to critiques of my own language. I make plenty of mistakes myself." ...

It's a fun blog, but what really makes me laugh is the "legal" notice (quotations mine) at the bottom, which states:

You agree that when you send a Submission via email to this Website, you grant this website and its owners a non-exclusive, irrevocable, royalty-free license to use the work. We may use, copy, sublicense, adapt, transmit, distribute, publish, display or otherwise use it as we see fit, in our sole discretion. By making a Submission, you waive the right to make any claim against the blog, its owners or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers and shareholders relating to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without any compensation to the provider of the Submission.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available to us. Under no circumstances will we be liable in any way for the Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the website.

Maybe I should start a Blog of Overwrought Disclaimers.

This Is What Academic Freedom Looks Like

"Columbia won't cancel Ahmadinejad speech."