Tag Archives: creativity

Mick Jagger & why copyright doesn't always help artists

I recently read this wonderful interview with Mick Jagger on the BBC website which had this fantastic extract about the impact of the internet on the music industry. What I love about this interview is that Mick Jagger is, of course, about as old a legend as you can find in the music industry.

…I’m talking about the internet.

But that’s just one facet of the technology of music. Music has been aligned with technology for a long time. The model of records and record selling is a very complex subject and quite boring, to be honest.

But your view is valid because you have a huge catalogue, which is worth a lot of money, and you’ve been in the business a long time, so you have perspective.

Well, it’s all changed in the last couple of years. We’ve gone through a period where everyone downloaded everything for nothing and we’ve gone into a grey period it’s much easier to pay for things – assuming you’ve got any money.

Are you quite relaxed about it?

I am quite relaxed about it. But, you know, it is a massive change and it does alter the fact that people don’t make as much money out of records.

But I have a take on that – people only made money out of records for a very, very small time. When The Rolling Stones started out, we didn’t make any money out of records because record companies wouldn’t pay you! They didn’t pay anyone!

Then, there was a small period from 1970 to 1997, where people did get paid, and they got paid very handsomely and everyone made money. But now that period has gone.

So if you look at the history of recorded music from 1900 to now, there was a 25 year period where artists did very well, but the rest of the time they didn’t.

So what does this have to do with copyright? Well, remember, the record labels and other content distributors (not creators!) keep saying how artists will starve unless there is copyright. But understand that for the entire 110-year period that Mick Jagger is referencing there was copyright… and yet artists were paid to record LPs and records for only a small fraction (less than a quarter) of that period. During the rest of the time, the way they made money was by performing. There is nothing about a stronger copyright regime that ensures artists (the creators!) will receive for more money or compensation.

So when the record labels say that without stricter copyright legislation artists will suffer, what they really mean to say is one specific business model – one that requires distributors and that they happen to do well by – will suffer. Artists, who traditionally never received much from the labels (and even during this 25 year period only a tiny few profited handsomely) have no guarantees that with stricter copyright they will see more revenue. No, rather, the distributors will simply own their content for longer and have greater control over its use.

This country is about to go into a dark, dark place with the new copyright legislation. I suspect we will end up stalled for 30 years and cultural innovation will shift to other parts of the world where creativity, remix culture and forms of artistic expression are kept more free.

Again, as Lessig says:

  • Creativity and innovation always builds on the past.
  • The past always tries to control the creativity that builds upon it.
  • Free societies enable the future by limiting this power of the past.
  • Ours is less and less a free society.

Welcome to copyright reform. A Canada where the past controls the creativity that gets built upon it.

Digital Economy Strategy: Why we risk asking the wrong question

Far better an approximate answer to the right question, than the exact answer to the wrong question, which can always be made precise….

John Tukey

I’ve always admired Paul Erdos, the wandering mathematician who I first learned about by reading his obituary in the Economist back in 1996 (and later learned was a friend and frequent house guest of my grandfather’s). What I remember best about that economist obituary was how one of his students talking about his genius not lying in his capacity to produce mathematical proofs, but in his ability to ask the right question, which set events in motion so that the proof could be found at all.

It is with that idea in mind that I turn to the Canada 3.0 conference here in Stratford Ontario where I’ve been invited to take part in a meeting with industry types and policy leaders to talk about what Canada must do to become a leading digital nation by 2017. The intent is to build on last year’s Stratford Declaration and develop an action plan.

So what do I think we need to do? First, I think we need to ask the right question.

I think we need to stop talking about a digital as the future.

This whole conversation isn’t about being a digital country. It isn’t about a future where everything is going to be digitized. That isn’t the challenge. It is already happening. It’s done. It’s over. Canada is already well on its way to becoming digital. Anyone who uses MS Word to write a document is digital. I’ve been submitting papers using a word processor since high school (this comes from a place of privilege, something I’ll loop back to). Worse, talking about digital means talking about technology like servers or standards or business models like Bell, or Google or Music Producers and all the other things that don’t matter.

The dirty truth is that Canada’s digital future isn’t about digital. What is special isn’t that everything is being digitized. It’s that everything is being connected. The web isn’t interesting because you can read it on a computer screen. It is special because of hyperlinks – that information is connected to other information (again, something the newspaper have yet to figure out). So this is a conversation about connectivity. It is about the policy and legal structure needed when me, you, information, and places, when everything, everywhere is connected to everything else, everywhere persistently. That’s the big change.

So if a digital economy strategy is really about a networked economy strategy, and what makes a networked economy work better is stronger and more effective connectivity, then the challenge isn’t about what happens when something shifts from physical to digital. It is about how we promote the connectivity of everything to everything in a fair manner. How do we make ourselves the most networked country, in the physical, legally and policy terms. This is the challenge.

Viewed in this frame. We do indeed have some serious challenges and are already far behind many others when it comes to connectivity if we want to be a global leader by 2017. So what are the key issues limiting or preventing connectivity and what are the consequences of a networked economy we need to be worried about? How about:

  • Expensive and poor broadband and mobile access in (in both remote and urban communities)
  • Throttling and threats to Net Neutrality
  • Using copyright as a vehicle to limit the connectivity of information (ACTA) or threaten peoples right to connect
  • Using copyright as a vehicle to protect business models built on limiting peoples capacity to connect to innovations and ideas
  • Government’s that don’t connect their employees to one another and the public
  • It’s also about connective rights. Individual rights to limit connectivity to privacy, and right to freely associate and disassociate

So what are the three things we need to start thinking about immediately?

If connectivity is the source of innovation, wealth and prosperity then how do we ensure that Canadians are the most connected citizens in the world?

1)    a net neutral broadband and mobile market place where the costs of access are the lowest in the world.

That is would be a source of enormous competitive advantage and a critical stepping stone to ensuring access to education and an innovation fueled economy. Sadly, we have work to do. Take for example, the fact that we have the worst cell phone penetration rates in the developed world. This at a time when cellphone internet access is overtaking desktop internet access.

But more importantly, I was lucky to be able to use a word processor 20 years ago. Today, not having access to the internet is tantamount to preventing a child from being able to go to the library, or worse, preventing them from learning to read. Affordable access is not a rural or urban issue. It’s a rights and basic education issue.

Equally important is that the network remain a neutral platform upon which anyone can innovate. The country that allows its networks to grant (or sell) certain companies or individuals special privileges is one that one that will quickly fall behind the innovation curve. New companies and business models inevitable displace established players. If those established players are allowed to snuff out new ideas before they mature, then there will be no new players. No innovation. No new jobs. No competitive advantage.

2)    A copyright regime that enables the distribution of ideas and the creation of new culture.

Here I am in Stratford, Ontario, home of the Stratford Shakespeare Festival, one of the biggest open source festivals in the country. Every year the city celebrates plays that, because they are in the public domain, can be remixed, re-interpreted, and used without anyone’s permission to create new derivative cultural works (as well as bring joy and economic prosperity to untold people). A copyright regime that overly impedes the connectivity of works to one another (no fair use!) or the connectivity of people to ideas is one that will limit innovation in Canada.

A networked economy is not just one that connects people to a network. That is a broadcast economy. A networked economy is one that allows people to connect works together to create new works. Copyright should protect creators of content, but it should do so to benefit the creators, not support vast industries that market, sell, and repackage these works long after the original creator is dead. As Lawrence Lessig so eloquently put it:

  • Creativity and innovation always builds on the past.
  • The past always tries to control the creativity that builds upon it.
  • Free societies enable the future by limiting this power of the past.
  • Ours is less and less a free society.

A networked economy limits the past to enable the future.

3)    A government that uses a networked approach to creating a strategy for a connected economy.

An agrarian economy was managed using papyrus, an industrial economy was managed via printing press, typewriters and carbon copy paper. A digital economy strategy and managing policies were created on Microsoft Word and with email. A Network Economy can and only will be successfully managed and regulated when those trying to regulate it stop using siloed, industrial modes of production, and instead start thinking and organizing like a network. Not to ring an old bell, but today, that means drafting the policy, from beginning to end, on GCPEDIA, the only platform where federal public servants can actually organize in a network.

Managing an industrial economy would have been impossible using hand written papyrus, not just because the tools could not have handled the volume and complexity of the work but because the underlying forms of thinking and organizing that are shaped by that tool are so different from how an industrial economy works.

I’m going to predict it right now. Until a digital economy strategy is drafted using online but internally-connected tools like wikis, it will fail. I say this not because the people working on it will not be intelligent, but because they won’t be thinking in a connected way. It will be like horse and buggy users trying to devise what a policy framework for cars should look like. It will suck and terrible, terrible decisions will be made.

In summary, these are the three things I think the federal government needs to be focused on if we are going to create a digital economy strategy that positions us to be leaders by 2017. This is the infrastructure that needs to be in place to ensure that we maximize our capacity to connect each other and our work and reap the benefits of that network.

Feeding the next economy – Give us a stimulus that stimulates, not placates

Last December – as the debates over the stimulus packages were just beginning, I wrote a piece on why the wrong stimulus today could fail us tomorrow. Well, today has become tomorrow, and we are failing.

A stimulus package should be an investment. It should create new industries and markets, it should find help create efficiencies and improve productivity, in short, in should help the economy grow in a sustainable manner. In the last depression the government accomplished this by funding infrastructure necessary for the 20th century economy, things like roads and highways for cars and transportation, power stations and grids for cities and industry, university buildings for education. Today, we already have much of that infrastructure and – while some of it needs to be renewed – we need to be focusing on what infrastructure is needed for the next economy – the digital economy – that will carry us out of this recession.

So what powers the digital economy? It isn’t coal, steel or cars and power (although these things are necessary), it’s data and connectivity.

Data is the plankton of the new economy. It seems plentiful, tiny and insignificant. But a whole ecosystem of companies, large and small are emerging to feed off of it and support our next economy. People often fail to recognize that the largest company already created by the new economy – Google – is a data company.  Google is effective, rich and powerful not because it sells ads… but because it generates petaflops of data everyday from billions of search queries. This allows it to know more about our society, and sometimes us individually – the merchandise we like, the services we want, the spam we’ll receive, even if the likelihood we’ll get sick in 4 months – than we know about yourself. Give people access to data and they will use it to become more efficient (freeing up more money to reinvest) and to create new services and opportunities (creating new jobs and profits).

Look no further than the City of Washington DC. It created a publicly available database of city collected and created data and asked local individuals and companies to use it. The result? A $50,000 dollar investment in changing processes and offering prize money has so far yielded $2.3M in value. That’s a 46 times return on investment in one year.

Now imagine that at a national level. Imagine Statistics Canada making all its data available freely (since taxpayers have already paid for its creation). As I outlined in a talk to StatsCan last year, not only would this make them a more important ministry, it could foster billions in savings, investments and new jobs all for a tiny sum. Let’s pick a truly excessive number, say $100M (.2% of the stimulus package) and imagine that’s this would be the cost for Statistics Canada to free all its data and provide in formats usable for webpages, cellphones and applications. Even if such a stimulus were only 20% as effective as Washington’s open data project it would still yield $460M in one year of new (not saved) jobs, and improved economic efficiencies and competitiveness. Over a decade, billions in new wealth would be created.

Compare this to our current course of action. To date much of our stimulus has been spent propping up (not creating) industries that are in death spirals such as logging, newspapers, and the auto-sector. The money spent isn’t about creating new or better jobs, it is simply being spent to keep jobs. Indeed, Andrew Coyne calculates that each auto-job saved cost us just under 2 million dollars. It will take years, if not decades, for such an investment to pay off, if it ever does. Worse still, the Canadian economy will be no more efficient or profitable as a result. While we are at it we might as well be giving Canadians money to buy land-line telephones to stimulate the telecommunications sector.

Oh, and it case you are wondering, the Americans already give out much of their government data for free and they are starting to give away more and more. This is a competitive race we are already losing, and only falling further and further behind.

Canada needs a better stimulus, one that is low on carbon and fat on data. Sadly, I fear our current government lacks the vision and creativity to give us what we need to prepare for the 21st century. So far we are off to an ominous start.

The Open Cities Blog on the Creative Exchange

Excited to let everyone know that I’ll be blogging at the Creative Exchange on Open Cities. I’ll continue to blog here 4 times a week and the pieces I post there I’ll cross-post here as well.

It’s an opportunity to talk about how openess and transparency can/will change our cities to a wider audience.

Wish me luck. Here was my first post.

Creating Open Cities

Web 2.0 is the network as platform, spanning all connected devices; Web 2.0 applications are those that make the most of the intrinsic advantages of that platform: delivering software as a continually-updated service that gets better the more people use it, consuming and remixing data from multiple sources, including individual users, while providing their own data and services in a form that allows remixing by others, creating network effects through an “architecture of participation,” and going beyond the page metaphor of Web 1.0 to deliver rich user experiences.

Tim O’Reilly

To the popular press “hacker” means someone who breaks into computers. Among programmers it means a good programmer. But the two meanings are connected. To programmers, “hackers” connotes mastery in the most literal sense: someone who can make a computer do what he wants-whether the computer wants to or not.

Paul Graham, Hackers & Painters

Welcome to the Open Cities blog on CCE. My name is David Eaves and I’ve been writing, speaking, and thinking about open, citizen engagement and public policy for a number of years. Most recently, I worked to help push forward the City of Vancouver motion that requires the city to share more data, adopt open standards, and treat open source and proprietary software equally.

Cities have always been platforms – geographic and legal platforms upon which people collaborate to create enterprises, exchange ideas, educate themselves, celebrate their culture, start families, found communities, and raise children. Today the power of information technology is extending this platform, granting us new ways to collaborate and be creative. As Clay Shirky notes in Here Comes Everybody, this new (dis)order is powerful. For the meaning and operation of cities, it will be transformative.

How transformative? The change created by information technology is driving what will perhaps be seen as the greatest citizen-led renewal of urban spaces in our history. Indeed, I believe it may even be creating a new type of city, one whose governance models, economies and notions of citizenship are still emerging, but different from their predecessors. These new cities are Open Cities: cities that, like the network of web 2.0, are architected for participation and so allow individuals to create self-organized solutions and allow governments to tap into the long-tail of public policy.

And just in the nick of time. To succeed in the 21st century, cities will have to simultaneously thrive in a global economy, adapt to climate change, integrate a tsunami of rural and/or foreign migrants, as well as deal with innumerable other challenges and opportunities. These issues go far beyond the capacity and scope of almost any government – not to mention the all-too-often under-resourced City Hall.

Open Cities address this capacity shortfall by drawing on the social capital of their citizens. Online, city dwellers are hacking the virtual manifestation of their city which, in turn, is giving them the power to shape the physical space. Google transit, DIYcity, Apps for Democracy are great urban hacks, they allow cities to work for citizens in ways that were previously impossible. And this is only the beginning.

Still more exciting, hacking is a positive sum game. The more people hack their city – not in the poorly misunderstood popular press meaning of breaking into computers but in (sometimes artful, sometimes amateur) way of making a system (read city) work for their benefit – the more useful data and services they create and remix. Ultimately, Open Cities will be increasingly vibrant and safe because they are hackable. This will allow their citizens to unleash their creativity, foster new services, find conveniences and efficiencies, notice safety problems, and build communities.

In short, the cities that harness the collective ingenuity, creativity, and energy of its citizenry will thrive. Those that don’t – those that remain closed – won’t. And this divide – open vs. closed – could become the new dividing line of our age. And it is through this lens that this blog will look at the challenges and opportunities facing cities, their citizens, and institutions. Let’s see who’s open, how they’re getting open, and what it will all mean.

Articles I'm digesting 6/2/2009

The Quiet Unravelling of Canadian Democracy by James Travers

This poignant piece by James Travers is long overdue. The concentration of power in the Prime Minister’s Office – which started with Trudeau and has continued with each successive Prime Minister – along with the decline of cabinet and of parliamentary committees, is corroding our governing institutions. Travers sums it all up succinctly and frighteningly.

My sense is that – while no one would articulate it this way – people may be disengaged from politics because we expect so little from our MPs, so little from the system itself. Our governing system has – I believe – been durable because it relies less on hard rules and more on conventions and norms. This has given it flexibility but also demands a certain degree of self-restraint and self-managed code of conduct among its participants.What makes the corrosion hard to point at specifically is that there is rarely a single, specific triggering event – no moment when a “rule” is broken, but rather a slow process where conventions and norms are abandoned. Take the recent Conservative Party tactic of engaging in personal attacks during member statements. No “rules” were broken, but another norm, one that tried to help elevate the level of discussion in the house, was weakened.

I’m less interested in radical changes – such as new ways to elect members – since it is unclear to me why or how these would change things (and the unanticipated consequences are more troubling still). Instead, there are small steps that could have dramatic results. Giving MPs real money for research and policy staff (like their counterparts in the US) would be one area where I think a small change could – over time – shift some (admittedly not all) power back to MPs. But in the mean time let us get better aware of the problem – so if you can, take a look at Travers piece.

Einstein, Franklin, and the Role of Creativity in Today’s World” (a lecture) by Walter Isaacson (via David B)

After listening to this beautiful lecture Saturday morning I realized that I’d read (or listened to, to be precise) Isaacson’s book Benjamin Franklin: An American Life. The lecture tries to tease out what made Einstein and Franklin great men – it wasn’t enough that they were intelligent (lots of people are intelligent) but what is it that made them creative? In short, it is to do what is important to you and to maintain the capacity to challenge – to be intolerant of assumptions, institutional inertia and lazy thinking – while remaining hyper-tolerant of others, their thinking and their perspectives.

If you don’t have the patience to listen to the whole talk (which is 44 minutes, there are 25 minutes of Q&A) then consider fast forwarding to the 37th minute of talk where he talks of both men’s final moments. The way they are at humble, aware of their sins and successes, inspiring to those around them but, most of all, consistently dedicated to the values and tasks they love, well, honestly, it left me teary. Consider Franklin’s funeral in 1790 where:

“All 35 Ministers, Preachers and Priests of Philadelphia link arms with the Rabbi of the Jews to march with him to the grave. It is that type of creativity of tolerance, of looking for new ways of doing things that they were fighting for back in Franklin’s time and I really do think that’s a struggle we are fighting for both at home and in the world today.”

The lecture reminded me of why Isaacson’s book transformed Franklin into a hero to me.

The Quiet Coup by Simon Johnson

This article has been circulating around for a couple of weeks now and it is the most damning admonition of both the financial collapse and both Bush’s and Obama’s response that I have read.

But there’s a deeper and more disturbing similarity [between the US and the financial collapses in South Korea, Malaysia, Russia and Argentina]: elite business interests—financiers, in the case of the U.S.—played a central role in creating the crisis, making ever-larger gambles, with the implicit backing of the government, until the inevitable collapse. More alarming, they are now using their influence to prevent precisely the sorts of reforms that are needed, and fast, to pull the economy out of its nosedive. The government seems helpless, or unwilling, to act against them.

It gets worse.

But these various policies—lightweight regulation, cheap money, the unwritten Chinese-American economic alliance, the promotion of homeownership—had something in common. Even though some are traditionally associated with Democrats and some with Republicans, they all benefited the financial sector. Policy changes that might have forestalled the crisis but would have limited the financial sector’s profits—such as Brooksley Born’s now-famous attempts to regulate credit-default swaps at the Commodity Futures Trading Commission, in 1998—were ignored or swept aside.

The biggest danger? The crises gets somewhat resolved… and nothing changes. This is why I’m such a big fan of Umair Haque’s blog.

Is Charest ready to pounce? by Rheal Seguin

A while back I predicted that, after the Conservatives bungled the budget and the coalition was struck that Layton, Dion and Harper would all lose their jobs before the end of 2009. I stand by the claim (and now have money riding on it with some good people out there). It would appear that the press is increasingly smelling blood in the water around Harper…

Review of Paul Graham's Hackers & Painters

You can also read this review here.

In the “Note to Readers” section at the start of Hackers and Painters: Big Ideas from the Computer Age Paul Graham points out that the book’s chapters stand alone and can be read in any order or skipped altogether. While true, it also is misleading. While each chapter may stand on its own the book does possess a single theme. Hackers and Painters is about creativity. It’s about our individual capacity to be creative, a society’s capacity to let us be creative, and the degree to which we allow our tools to limit our creativity. Graham is concerned about these questions in relation to software programmers (whom he believes should think like painters – hence the title) but the ideas are pertinent to any profession that requires creativity.
For those unfamiliar with the author, Paul Graham is the geek’s geek. In 1995 he and Robert Morris developed the first web-based application, ViaWeb, which was acquired by Yahoo in 1998. For those less technically inclined, web-based applications are the programs we use over the internet and that don’t reside on your computer (while common place today this was ground breaking stuff back in 1995…). To put it bluntly Graham understands technology and its implications. Sadly, I suspect few people outside of the technology world will read his book. For Graham, particularly in the first half of this book, can write about technology the way few can: in English. Moreover, he’s enjoyable to read because he’s blunt, funny and, by necessity, contrarian. Why contrarian? Because Graham is all about beating the average. And to avoid being average you have to be creative, and to be creative you’ve got to… break rules.

That’s right, the enemy of creativity are rules. Indeed, Paul defines a hacker as a rule-breaker: “(To hack) can be either a compliment or an insult. It’s called a hack when you do something in an ugly way. But when you do something so clever that you somehow beat the system, that’s also called a hack… Believe it or not the two senses of ‘hack’ are connected. Ugly and imaginative solutions have something in common: they both break rules. And there is a gradual continuum between rule breaking that’s merely ugly (using duct tape to attach something to your bike) and rule breaking that is brilliantly imaginative (discarding Euclidean geometry).” If this quote gets your juices flowing then this book is for you. I was intuitively comfortable with this idea because I see it in my own world. A good negotiator operates in a similar way. He or she sees the written and unwritten rules behind an impasse and finds a clever ways to ‘hack’ them – to generate a clever solution the parties can agree to.

If Hackers and Painters is about maximizing creativity, and if the enemy of creativity are rules then, as James Burke would say “there is only one place to go.” Get rid of the rules (or at least learn how to ignore them). Consequently, the subtext running through this book is a libertarian plea for individuals to choose how and if they will limit their creativity. But there is a tension in all this. As Paul notes in Chapter 7 (Mind the Gap) a society with too many rules stifles creativity. But a society without rules can extinguish it altogether. So where is the balance? It is an issue I wish Graham would explore further. Also, readers faint of heart should be warned, Graham likes to make bold (and at times unsubstantiated) claims. My favorite is : “… most physicists could, if necessary, make it through a PhD program in French literature, but few professors of French literature could make it through a PhD program in physics.” While I suspect a lot of people might agree with this statement, those that disagree with it would vehemently disagree with it. It certainly is a little outlandish. Finally, the last few chapters dive fairly heavily into discussions regarding programing language… a debate that has broader, interesting implications, but which might cause many readers to stray. But these are small quibbles with what is otherwise an interesting and provoking read.

Because this book is so different then what my friends would normally read, I’ve decided to throw in two fun quotes and passages, in an effort to tempt you into checking it out:

“One often hears a policy criticized on the grounds that it would increase the income gap between rich and poor. As if it were an axiom that this would be bad… I’d like to propose an alternative idea: that in a modern society, increasing variation in income is a sign of health. Technology seems to increase the variation in productivity at faster than linear rates. If we don’t see corresponding variation in income, there are three possible explanations: (a) that technical innovation has stopped, (b) that the people who would create the most wealth aren’t doing it, or (c) they aren’t getting paid for it.”

“The best writing is rewriting,” wrote E. B. White. Every good writer knows this, and it’s true for software too. The most important part of design is redesign. To write good software you must simultaneously keep two opposing ideas in your head. You need the young hacker’s naïve faith in his abilities, and at the same time the veteran’s scepticism. You have to be able to think how hard can it be? With one half of your brain while thinking it will never work with the other. The trick is to realize that there’s no real contradiction here. You want to be optimistic and sceptical about two different things. You have to be optimistic about the possibility of solving the problem, but sceptical about the value of whatever solution you’ve got so far.”

[tags] Paul Graham, Hackers & Painters, book review, creativity[/tags]