Legal Infrastructure

I am aggregating the posts from the recent online symposium at Prawfsblawg concerning two relatively new books: Gillian Hadfield’s  Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy and The Future of the Professions: How Technology Will Transform the Work of Human Experts by Richard Susskind and Daniel Susskind.  In different but related ways, both books are speaking to both global and local shifts — now well underway — in what law is, what law does, and what roles lawyers and other legal institutions play in economies and cultures.

My own thoughts on the topic are these: Continue reading

IP and Ignorance

My views of the deficiencies and virtues of intellectual property scholarship pop up on this blog from time to time, usually just before or just after the annual IPSC – Intellectual Property Scholars Conference.  See posts from 2014, and 2010, and 2007.

I am headed to Chicago tomorrow for the 2015 edition of IPSC, but instead of ranting about the state of IP scholarship, instead I’ll point you all to a provocative article:

Andrew Abbott, “Varieties of Ignorance,” American Sociologist, 41:174-189, 2010.

You’ll need access to Springer or JSTOR, etc., probably through an institutional subscription, to read the whole thing in English.  At least part of the English language version may be available here.  There is a German language version available here.

The video above is, of course, the trailer for “Birdman, or the Unexpected Virtue of Ignorance,” which won the Best Picture Academy Award earlier this year. I enjoyed that film but thought that “Boyhood” was superior in just about every way.

Public Service Announcement for Google Glass Team

The Google Glass team has a post about the so-called myths about Google Glass, but the post fails to see what is happening around Glass. That is sad. Instead of addressing the issues head on, the post preaches to the faithful (just read the comments). As Nate Swanner put it “We’re not sure posting something to the tech-centric Google+ crowd is really fixing the issues though.” Google and other tech companies trying to do something new will always face challenges, fear, and distrust. The sad part for me is when all sides line up and fail to engage with the real issues. Some have asked what I did when at Google. Part of the job was to present the technology, address concerns, and then see where all of us saw new, deep issues to come. I loved it, because I knew the technology was driven by high-standards. The problems flowed from not explaining the tech. This post highlights talking past each other. Furthermore the truly wonderful advances that might be possible with Glass are not discussed. That distresses me, as no one really wins in that approach. But I will show what is not great about the post as a possible public service announcement for the Glass Team and others in the tech space.

First, the post sets an absurd tone. It starts with “Mr. Rogers was a Navy SEAL. A tooth placed in soda will dissolve in 24 hours. Gators roam the sewers of big cities and Walt Disney is cryogenically frozen. These are just some of the most common and — let’s admit it — awesome urban myths out there.” Message: Glass critics are crazy people that by into extreme outlying beliefs, not truth. And if you think I am incorrect, just look at this next statement: “Myths can be fun, but they can also be confusing or unsettling. And if spoken enough, they can morph into something that resembles fact. (Side note: did you know that people used to think that traveling too quickly on a train would damage the human body?).” Hah! We must be idiots that fear the future.

That said maybe there are some myths that should be addressed. Having worked at Google, I can say that while I was there, technology was not done on a whim. I love that about the company and yes, the Glass Team fits here too. Furthermore, as those who study technology history know, even electricity faced myths (sometimes propagated by oil barons) as it took hold. Most of the Glass myths seem to turn on cultural fears about further disconnection from the world, always on or plugged in life, and so on. But the post contradicts itself or thinks no one can tell when its myth-busting is self-serving or non-responsive.

On the glass is elitist issue: Google is for everyone, but high priced, and not ready for prime time. Huh? Look if you want to say don’t panic, few people have it, that is OK and may be true. But when you also argue that it is not elitist because a range of people (not just tech-worshiping geeks) use Glass; yet nonetheless the $1500 price tag is not about privilege because “In some cases, their work has paid for it. Others have raised money on Kickstarter and Indiegogo. And for some, it’s been a gift” the argument is absurd. That a few, select people have found creative ways to obtain funds for Glass does not belie the elite pricing; it shows it.

The surveillance and privacy responses reveal a deeper issue. Yes, Glass is designed to signal when it is on. And yes that may limit surveillance, but barely. So too for the privacy issue. Check this one in full:

Myth 10 – Glass marks the end of privacy
When cameras first hit the consumer market in the late 19th century, people declared an end to privacy. Cameras were banned in parks, at national monuments and on beaches. People feared the same when the first cell phone cameras came out. Today, there are more cameras than ever before. In ten years there will be even more cameras, with or without Glass. 150+ years of cameras and eight years of YouTube are a good indicator of the kinds of photos and videos people capture–from our favorite cat videos to dramatic, perspective-changing looks at environmental destruction, government crackdowns, and everyday human miracles. 

ACH!!! Cameras proliferated and we have all sorts of great, new pictures so privacy is not harmed?!?!?! Swanner hits this one dead on:

Google suggests the same privacy fears brought up with Glass have been posed when both regular cameras and cell phone cameras were introduced in their day. What they don’t address is that it’s pretty easy to tell when someone is pointing a device they’re holding up at you; it’s much harder to tell when you’re being video taped while someone looks in your general direction. In a more intimate setting — say a bar — it’s pretty clear when someone is taping you. In an open space? Not so much.

So tech evangelists, I beg you, remember your fans are myriad and smart. Engage us fairly and you will often receive the love and support you seek. Insult people’s intelligence, and you are no-better than those you would call Luddite.

The Economist Notes that Patents Do Not Equal Innovation

The Economist had a recent piece about software patents and said, GASP “[P]atent issuance is a poor measure of innovation.” Amen. But wait! Don’t order yet! There’s more! “Patenting is strictly a metric of invention. Innovation is such a vastly different endeavour—in terms of investment, time and the human resources required—as to be virtually unrelated to invention.” (The applause and boos commence simultaneously).

Innovation is meaningless as well, but the first step is to admit the problem. There may be some relationship between patents and incentives to create certain things. But not all patents or all creations show a correlation to a general claim that patents equal innovation or whether innovation will occur without patents. Innovation as “Hey that rally changed the way we do things” probably can’t be identified until much after the event. Innovation as “Hey we made tons and tons of bitcoin, oh we mean cash” is easier to spot but a different metric as far as policy should be concerned. The better disposable razor or even iPhone is incremental while also important. Parsng the differences amongst what types of innovation is well-beyond a blog post. But should folks want to hurt their head and wear out their hands, please write at length. I will look forward to reading what you find.

Yep, There It Is, Amazon Embraces 3D Printing

In the mists of yore (i.e., December 2, 2013), I wrote that Amazon seems well-placed to embrace 3D printing to cut labor costs and offer same-day and/or back-catalog things, as in physical goods; now Amazon has. Similar to Amazon’s move of buying one of the major on-demand publishers of books, it has partnered with 3DLT which has been called thethe first store for 3D products. Amazon has also opened a 3D printing store-front. WaPo’s Dominic Basulto gets the point that Gerard and I have been making in our paper Patents Meet Napster, and I keep seeing in so many areas of technology. Basulto notes that just in time retail could take on a new meaning. As he puts it:

[T]he future is one in which users simply upload or download 3D design files and print them out with 3D printers. Everyday consumer products, in short, will eventually follow in the wake of plastic toys and plastic jewelry. In this radically new business model, Amazon would be selling the 3D design files and the 3D printers and the 3D printer filament, but wouldn’t be selling actual “products” as we currently think about them. The consumers would print the products, not buy the products.

Yep. That’s about right. And as Gerard and I argue, this shift will highlight questions about patents and also trademarks. Folks may want to know that the files and the materials for the things they print are safe and trust-worthy. Enter brands and enter Amazon (and eBay to be fair) which have been brilliant at setting up online trust-systems so that we can do business with random company in random place and have a high probability that the deal will occur, be as promised, and not leak our credit cards (Amazon does this by not sharing your credit card with third parties last I checked).

Now all we need is nano-goo-fueled replic– er uh, excuse me, 3D printers — and the Diamond Age will be here.