Category Archives: random

On Governments and Intellectual Property (or why we move slowly)

David H. sent me this short and fantastic article from Wired magazine last week.

The article discusses the travails of Mathew Burton, a former analyst and software programmer at the Department of Defense who spent years trying to get the software he wrote into the hands of those who desperately needed it. But alas, no one could figure out the licensing rights for the software it was supposed to work with… so it never went anywhere. Today Mathew has (unsurprisingly) left Defense and has open sourced the code so that anyone can use it. The lesson? The tangled mess of navigating all the license agreements isn’t protecting anyone and certainly not the public. It’s just preventing interesting new and derivative works from being used to render American safer.

In short, the crises here doesn’t have to do with size of government, but in a misplaced desire by many governments to protect “intellectual property.”

Now I understand the need of government to protect physical property. A forest, for example, can only be logged once every few generations, so allocating that resource efficiently matters. But intellectual property? Things like documents, data, and software code? It’s use is not diminished when someone uses it. Indeed, often its value increases when numerous people start to use it.

But rather than give to tax payers the intellectual property their tax dollars already paid for, our governments lock them down. Today, under the false belief that they are protecting themselves and potential revenue streams (that have never materialized) our governments copyright, patent and license all sorts of intellectual property our tax dollars paid for. In short, we treat ideas like we treat forests, something that only a handful of people can use and benefit from.

This has three happy consequences.

First, ideas and innovations are more expensive and spread more slowly. Remember the goal of innovation is not to license technology, its to use technology to enable us to be happier, safer or more productive (or ideally all three!). When our governments license technology that accomplishes one or all of these things they are, in fact, restricting the number of people who can benefit by giving a single actor a monopoly to sell this service (again, one tax payers funded to develop!) to tax payers or (worse) back to the government.

Second, we end up wasting a colossal amount of money on lawyers. With our governments pretending to be a corporation, managing all this intellectual property tax payers funded to develop, we naturally require an army of lawyers to protect and license it!

Finally, many governments are locked out of open source projects and communities. Since, by policy, many governments require that they own any code they, or their contractors develop, they cannot contribute to open source projects (in which the code is by definition, not owned but shared). This means free, scalable and customizable software and products that small companies like Google are forbidden within government. Instead they (and by they, I mean us) have to pay for proprietary solutions.

At some point I’d love to read more about how government got into the intellectual property businesses. I imagine it is a history paved with good intentions. However, the more I reflect on it, the more I wonder why the first order question of “why do governments have intellectual property” never gets asked. The costs are high and the benefits seem quite low. Maybe it’s time we radically rethink this.

The New Tall Tale of Tony Clement

“Yeah, there are groups that are upset. … Hey, listen, they had a good deal going,” Mr. Clement said Thursday following a meeting with fellow MPs in Ottawa.

“They got good, quality data and the government of Canada was the heavy. We were the ones who were coercing Canadians on behalf of these private businesses, or other social institutions, or other governments and provinces, for this data. We were the ones threatening Canadians with jail times or with large fines.”

– Minister Clement yesterday

Yes, Clement’s story about the census has changed again (here are the previous stories).

So which “groups” are we talking about. Yes, you’re mind may go to the hundreds of charities and non-profits, religious organizations, businesses that have spoken out. That is certainly who Minister Clement wants you to think about.

But, as I’ve said repeatedly, the biggest user of census data is not these groups (although Canadians will miss their services too).

The biggest user is… Government. And the group that will suffer the most will be Government (and by proxy, Canadians, who can expect a less effective government as a result).

So, think of the biggest user is groups like Human Resources and Skills Development Canada (the kind of people you want to be effective when your country is still shedding jobs from a recession), Environment Canada, Health Canada, etc…

And of course, the biggest second users of this data are the Provinces.

The third? The cities!

Also note that in each of these cases the Federal Government charges for this data so no one is getting a free ride financially. This is in contrast to many other governments, like the United States federal government, which makes its census data available for free.

So let’s be clear, this isn’t about the minister taking on every religious organization in the country, most of the non-profits and many, many businesses. It’s about blinding government.

Your Government *did* just get dumber… (that was fast)

Want to know who the biggest user of census data is? Government. To understand what services are needed, where problems or opportunities arise, or how a region is changing depends on having accurate data. The federal government, but also the provincial and, most importantly, local governments use Statistics Canada’s data every day to find ways to save taxpayers money, improve services and make plans. Now, at the very moment that governments are finding new ways to use this information more effectively than ever before, it is being cut off.

This is a direct attack on the ability of government to make smart decisions. It is an attack on evidence-based public policy. Moreover, it was a political decision – it came from the minister’s office and does not appear to reflect what Statistics Canada either wants or recommends. Of course, some governments prefer not to have information; all that data and evidence gets in the way of legislation and policies that are ineffective, costly and that reward vested interests (I’m looking at you, tough-on-crime agenda).

I wrote this on July 6th at the very beginning of the census scandal. What’s amazing is the short period of time it took for it to take on reality.

This week in a trainwreck of a press conference that pretty much every media outlet (save the ever loyal National Post) has mocked, Stockwell Day showed what the world of post-evidence based public policy will look like.

And what does it look like? Like a $5.1-billion a year increase in spending on prisons for a country with a declining crime rate in which 94% of Canadians survey feel safe.

Here is a scheme that only becomes defensible once you get rid of the evidence. Why? Because once you do that you can just make stuff up. Which is pretty much what the minister did. Take a look at John Geddes beautiful article which outlines how the Minister mislead the public about jail terms for criminals who conduct home invasions (they’ve gotten longer, not shorter).

Of course, for Conservatives the whole reason for getting rid of the census was that it was supposed to curtail big government. Stephen Taylor – Conservative blogger and cheerleader – says as much in his National Post Column. The beginning of the end of the Canadian welfare state. What was his line? “If it can’t be measured, future governments can’t pander.” It took about 9 days to disprove that thesis. A $5.1-billion dollar a year increase to create prison capacity for a falling crime rate is the case in point. Turns out even if you can’t measure it you can still do something about it. Just badly.

This isn’t the end of big government. It isn’t even the end of pandering governments. It’s just the beginning of blind government.

As an aside the people who should be most scared about this are the provincial governments. They just got made blind and didn’t even ask for it. It is also obvious that the Feds are going to push all sorts of spending on to them (like on prisons) that they didn’t ask for and don’t need. If they were smart, the provinces that have spoken out on the census (all of them except Alberta, BC and Saskatchewan) should announce they will conduct an independent census using the long form. This way they’ll actually have data to push back against the (now blind) federal government with. Better still, the provinces could license the aggregate data to make it free for everyone… except the feds, who when they come asking for the data (which of course they will) can be charge a big fat licensing fee. Perhaps a post worth fleshing out.

The Web and the End of Forgetting: the upside of down

A reader recently pointed me to a fantastic article in the New York Times entitled The Web and the End of Forgetting which talks about the downside of a world where one’s history is permanently recorded on the web. It paints of the dangers of a world where one can never escape one’s past – where mistakes from college rear their head in interviews and where bad choices constrain the ability to start anew.

It is, frankly, a terrifying view of the world.

I also think it is both overblown and, imagines a world where the technology changes, but our social condition does not. Indeed, the reader sent me the piece because it reminded him of a talk and subsequent blog post I wrote exactly a year ago on the same topic.

But let’s take the worse case scenario at face value. While the ability to start anew is important, at times I look forward to a world where there is a little more history. A world where choices and arguments can be traced. A world of personal accountability.

Broadcast media fostered a world where one could argue one position and then, a few months later, take the exact opposite stand. Without easily accessible indexes and archives discerning these patterns was difficult, if not impossible. With digitization, that has all changed.

The Daily Show remains the archetype example of this. The entire show is predicated on having a rich archival history of all the major network and cable news broadcasts and having the capacity, on a nightly basis, to put the raw hypocrisy of pundits and politicians on display.

The danger of course, is if this is brought to the personal level. The NYT article identifies and focuses on them. But what of the upsides? In a world where reputation matters, people may become more thoughtful. It will be interesting to witness a world where grandparents have to explain to their grandchildren why they were climate change deniers on their Facebook page. Or why you did, or didn’t join a given political campaign, or protest against a certain cause.

Ultimately, I think all this remembering leads to a more forgiving society, at least in personal and familial relationships, but the world of pundits and bloggers and politicans may become tougher. Those who found themselves very much on the wrong side of history, may have a hard time living it down. The next version of the daily show may await us all. But not saying anything may not be a safe strategy either. Those who have no history, who never said anything at anytime, may not be seen relevant, or worse, could be seen as having no convictions or beliefs.

I loved the New York Times article, but it looked at society as a place where social values will remain unchanged, where we won’t adapt to our technology and place greater emphasis on new values. I can imagine a world where our children may say – how did you have friends with so little personal history? It may not be our ideal world, but then, our grandparents world wasn’t one I would have wanted to live in either.

Beautiful Wepages

For those not in the know the Webby Award nominations – probably the most important award for a website – were released a couple of weeks ago and voting, which does influence the outcome, will be closing soon.

If you haven’t voted yet I’d strongly urge you to head over to the website, check out the nominees, and vote. There are A LOT of categories so it can be a little overwhelming. That said, in the “Activism” section I am backing a horse and hope you’ll consider voting for them. My favourite – for both design and message – is the Stemcell Foundation’s “Renew The World” website by Manifest Communications.

Here’s a sample of the video off the website. In addition to voting, consider heading over to the site and sign the Stemcell Charter.

That said, if you like another website, vote for it! The Webby award webpage is filled with links to beautiful website and so poke around and get a sense of what is out there and what people think makes for a great site. Lots to learn.

The End of Eaves.ca

I’ve been thinking about this for quite some time and I’ve decided to not blog anymore. The reasons are numerous. Part of it is how much time it consumes, I spend at least 7 hours a week on the blog and the demands have become too great. But the more exciting reason is that I’ve accepted a job as an columnist at the Vancouver Courier. There I will be writing about the intersection between open source, politics, and policy for my neighbours in Kerrisdale – a beautiful suburb of Vancouver with a large retirement community.

It’s been fun and thanks for reading!

Eaves.ca November 5th 2006 – April 1st, 2010.

:)

Comedic interlude: Lindsay Lohan Brand Lessons

So I don’t usually delve into the world of celebrities but had to comment on the epic lack of foresight recently displayed by Lindsay Lohan and her lawyers.

Yesterday my friend John M. pointed me to hilarious this story, which describes how Lindsay Lohan is suing E*Trade for $100M (yes you read that right) because, her lawyers claim, the advertisement posted below:

violated Lohan’s rights under New York state civil-rights law and used her “name and characterization” in business without paying her or getting her approval.

So first, yes the add is hilarious.

Second, I’m not really sure it has anything to do with Lohan.

But lastly and most oddly: why is it that Lindsay thinks the ad is modeled after her? Because of the term milkaholic (as in a baby version of “alcoholic”…)

I’m not sure that Lindsay and her lawyers want to make the case that every time someone uses her name in conjunction with a reference to a substance abuse problem this should be construed as a clear “characterization” of Lindsay Lohan. This is functionally conceding (in a case I can’t imagine you’ll win) that your personal brand is tied up with substance abuse.

It is a curious brand to want to stake out. And if she wins, a court will be acceding that Lindsay has joined the ranks of Madonna (associated with sex) or Oprah (associated with thoughtfulness) as Lindsay (associated with excessive alcohol consumption). Is that a brand battle you want to win?

But then maybe any publicity is better than no publicity…

Okay, back to our regularly scheduled programing tomorrow.

The Big Apps come to Vancouver

Disappointed I hadn’t found this out sooner… Turns out the winners of New York’s Big Apps competition have created a Vancouver version of the winning application.

Steven Lao and Victor Sima, creators of the Android phone application Wayfinder, won “Best Overall Application” and prize money of US$5000. The Wayfinder application is an augmented reality application that enables you to use your Android phone’s camera to locate the nearest bus stop, subway station or seabus station.

So what does “augmented reality” mean? Take a look at the image below (this is the Wayfinder application in action).

This is image is what you would see looking at your phone’s screen. The screen is showing whatever building or road (or anything) that the phone’s camera is point at, but then is superimposing a “bubble” that hovers over the nearest actual subway or bus station (In this case it is 0.4 miles as the crow flies, through the building you’r looking at). This means you can simple use your phone to scan around an locate the nearest bus stop with out having to figure out where you are on a map.

Since Vancouver is hosting the Winter Olympics and because Translink made the deft move of sharing its transit data the Wayfinder programmers decided to create a Vancouver version – something they were able to do even though they never visited Vancouver.

You can learn more about Wayfinder in a recent audio interview with Directions Magazine available as a podcast. (H/T to Jonathan M. at the City of Vancouver who pointed this out to me!)

The 21st Century Bookclub

For the past six months I’ve been engaged in a fantastic experiment.  6 months ago my friend David Humphrey emailed three friends whose blogs he enjoyed. Each of us (Myself, Humphrey, Mike Hoye and Luke Hill really only knew Humphrey and were essentially strangers to one another. Humphrey proposed we each read each others blogs for 3-4 months and then meet for dinner in Toronto when I was next in town.

I immediately became a fan of the experiment because it highlighted how the internet is reshaping culture. Admittedly, people have been sharing and talking about their writing for decades and centuries, but this activity was often reserved for “writers” or, perhaps, aspiring writers. By greatly reducing the costs of sharing and giving anyone a potential audience blogging has changed everything. Suddenly a group of strangers who only a decade ago might have collectively read something that someone else had written (most likely a book) are instead reading each others creations. It is just a further step (or more of a leap) forward in the democratization of culture and creativity.

In addition however, it was also just purely rewarding. I got to know a couple of guys in a way that was surprisingly personal. Better still, I developed a blogging peer group. I don’t actually know that many people who regularly blog and so having a group who has read what I write and of whom I could ask questions, advice and critiques of my writing was invaluable. More interesting is the ways of I’ve come to admire (and envy) their different styles and approaches: Luke is so unconstrained by form willing to write pieces that are short or long; Humphrey’s blog is so personal that you really feel like you get to know him; and Mike’s blog is just plain fun – with rants that leave you laughing.

If you blog, or even if you write (at which point I think you should blog as well) I can’t encourage you enough to create a 21st century book club (or should we just call it a blog club). You’ll find you will become a better blogger, a better writer and, I think, will make a few new friends.

Here are some fun posts from the others blogs I’d recommend:

Dear Former Homeowners Redux Redux Redux Redux Redux – pure fun for anyone who has owned a home (or note)

A Note to Some Friends – an important rant on the state of community over at Firefox

Fun Facts about the Amazon Kindle – #Canada #Fail

New Media and the Public Sphere – yes. it is that simple.

A Room of One’s Own – no reason, I just liked it.

The Web vs. Canada – funny (and sad) cause it is true.

Defining Open Data – cause it’s important.

Three guys with three different styles. How I love free culture.

Eaves.ca Blogging Moment #1 (2009 Edition): Open Data Comes to Vancouver

Back in 2007 I published a list of top ten blogging moments – times I felt blogging resulted in something fun or interesting. I got numerous notes from friends who found it fun to read (though some were not fans) so I’m giving it another go. Even without these moments it has been rewarding, but it is nice to reflect on them to understand why spending so many hours, often late at night, trying to post 4 times a week can give you something back that no paycheck can offer. Moreover, this is a chance to celebrate some good fortune and link to people who’ve made this project a little more fun. So here we go…

Eaves.ca Blogging Moment #1 (2009 Edition): Open Data Comes to Vancouver

On May 14th I blogged about the tabling of Vancouver’s Open Data motion to city council. After thousands of tweets, dozens of international online articles and blog posts, some national press and eventually some local press, the City of Vancouver passes the motion.

This was a significant moment for myself and people like Tim Wilson, Andrea Reimer and several people in the Mayor’s Office who worked hard to craft the motion and make it reality. The first motion of its type in Canada I believe it helped put open data on the agenda in policy circles across the country. Still more importantly, the work of the city is providing advocates with models – around legal issues, licensing and community engagement – that will allow them to move up the learning curve faster.

All this is also a result of the amazing work by city staff on this project. The fact that the city followed up and launched an open data portal less than 3 months later – becoming the first major city in Canada to do so – speaks volumes. (Props also to smaller cities like Kamloops and Nanaimo that were already sharing data.)

Today, several cities are contemplating creating similar portals and passing similar motions (I spoke at the launch of Toronto’s open portal, Ottawa, Calgary, & Edmonton are in various stages of exploring the possibility of doing something, over the border the City of Seattle invited me to present on the subject to their city councilors.). We are still in early days but I have hopes that this initiative can help drive a new era of government transparency & citizen engagement.