“Home is where the hub is”

A recent study looks at how being connected through the Internet and other gadgets at home changes what home is:

What the web has inspired, then, is a postmodern understanding of what “home” is: a de-physicalised, conceptual and psychological phenomenon that externalises its invisible meanings. And interaction designers recognise this: the web is another castle that the Englishman can live in, and he seeks to create virtual places that have as much effect on pride, self-esteem and identity as the bricks and mortar version where he sleeps…

I am constantly connected when I’m at home. It is my companion when watching a movie, it is my entertainment system when listening to the radio, it is my connection to the family and friends I speak with on VoIP. Sociologist Kat Jungnickel and anthropologist Genevieve Bell suggest that my over-networked experience isn’t unusual in Home is Where the Hub is? Wireless Infrastructures and the Nature of Domestic Culture in Australia: “Some read their emails and Google for news in front of the TV while others breastfeed while surfing the net. In the kitchen, they look for recipes or talk with friends via IM. In bed they write emails or shop on eBay.” The rooms once allocated for specific purposes have been co-opted by other (digital) tasks.

This isn’t always welcome. In one of Jungnickel and Bell’s case studies, a participant describes the conflicts that arise from home-multiplicity: “Sal tells of the congestion zone caused by the chameleonic characteristics of the kitchen table,” they write. “During the day it is her new computing space, and at night it is the social, cooking washing-up space for both of them.” Each online activity has imposed itself on our home-practice. We are experiencing a domestic transition as the web collaborates and competes with old “new” technologies such as the TV, the researchers argue. It “complicates” characteristics of the physical space.

We are adaptable creatures and will work within the confines of our existing homes to integrate this new creature into our lives. We have already made the web part of our domestic ecologies and we continually imbue it with a sense of place. Perhaps its malleability is why it has been so successful and why we are willing to bring this interruptive technology into our most intimate worlds.

In recent decades, commentators have suggested that Americans have retreated into their large homes and lost their connection to their communities. But this may be suggesting that while Americans may have withdrawn, they are still interested in being connected. However, this connection looks different than it has in the past. The connection now happens at the times of the individual’s own choosing, it is done at a distance, and it is unclear how much this translates into offline world action.

I don’t think we should be too surprised that the concept of home is changing. Our current understanding dates back roughly to the mid 1800s when homes were built with separate rooms to separate uses: sleep in one room, eat in another, cook in another, etc. Before that, homes were more multi-use as more people used their home for work as well as family life. It would be interesting to think about how the quick expansion of Internet connectedness might lead to new designs for homes or introduce interior spaces that enhance this connectedness. Already, we have more static gadgets that have been adapted, such as televisions including Internet apps, so why not dining rooms, bathrooms, and front porches plus back patios?

Righthaven loses in Colorado

Last week, Righthaven was flirting with bankruptcy due to legal fees associated with a Nevada case.  This week, the fees keep piling up, this time in Colorado:

Righthaven’s only interest in the Work is “the right to proceeds in association with a Recovery.”  The Copyright Assignment Agreement defines “Recovery” as “any and all sums . . .arising from an Infringement Action.”  Thus, when read together, the Assignment and the Copyright Assignment Agreement reveal that MediaNews Group has assigned to Righthaven the bare right to sue for infringement – no more, no less.  Although the assignment of the  bare right to sue is permissible, it is ineffectual….Accordingly, Righthaven is neither a “legal owner” or a “beneficial owner” for purposes of § 501(b), and it lacks standing to institute an action for copyright infringement….I convert Mr. Wolf’s Rule 12(b)(1) motion to a Rule 56 motion and GRANT him SUMMARY JUDGMENT.  Furthermore, in light of the need to discourage the abuse of the statutory remedies for copyright infringement, I exercise my discretion under Section 505 of the Copyright Act and ORDER that Righthaven shall reimburse Mr. Wolf’s full costs in defending this action, including reasonable attorney fees. [emphasis added]

More coverage from Ars Technica, Techdirt, and the EFF (h/t).

Sociologist considers “Humanity 2.0”

A sociologist who is “Auguste Comte chair in social epistemology in Warwick University’s Department of Sociology” discusses his new book titled Humanity 2.0. In my opinion, here is the most interesting part of the interview:

Let’s put it this way: we’ve always been heading towards a pretty strong sense of Humanity 2.0. The history of science and technology, especially in the west, has been about remaking the world in our collective “image and likeness”, to recall the biblical phrase. This means making the world more accessible and usable by us. Consider the history of agriculture, especially animal and plant breeding. Then move to prosthetic devices such as eyeglasses and telescopes.

More recently, and more mundanely, people are voting with their feet to enter Humanity 2.0 with the time they spend in front of computers, as opposed to having direct contact with physical human beings. In all this, it’s not so much that we’ve been losing our humanity but that it’s becoming projected or distributed across things that lack a human body. In any case, Humanity 2.0 is less about the power of new technologies than a state of mind in which we see our lives fulfilled in such things.

Wouldn’t someone like Archimedes describe us as Humanity 3.0 compared to his era?

Yes, Archimedes would probably see us as pretty exotic creatures. He would already be impressed by what we take for granted as Humanity 1.0, since the Greeks generally believed that “humanity” was an elite prospect for ordinary Homo sapiens, requiring the right character and training. Moreover, he would be surprised – if not puzzled – that we appear to think of science and technology as some long-term collective project of self-improvement – “progress” in its strongest sense. While the Greeks gave us many of our fundamental scientific ideas, they did not think of them as a blueprint for upgrading the species. Rather, those ideas were meant either to relieve drudgery or provide high-brow entertainment.

What is considered “normal” for human beings has changed quite a bit over the centuries. This reminds me of something I read months ago about the concept of “normal” in medicine: we tend to focus on more unusual circumstances so don’t know as much what the possible ranges of “normal.” When first introduced, many technological changes were not “normal” but humans adapted. As Fuller suggests, perhaps we need to have a conversation about what is “normal” and how much change we are willing to accept and how quickly it might be implemented.

Were Archimedes and the Greeks correct in focusing more on “character and training” rather than scientific progress?

When people talk about these sorts of topics, readers start thinking about things like robots, prosthetics, and computer chip implants and don’t think so much about eyeglasses or common crops. Indeed, the book cover plays off these common stereotypes with its “futuristic” look at a human head. Does this jump to future technology and the potential problems immediately turn some possible readers off while a cover that played around more with “safer” ideas like eyeglasses would be attractive to more people?

Facebook moving toward users being able to “treat their life as a 24/7 reality show”

Wired looks at some of Facebook’s recent changes and future plans and summarizes their intentions:

Combined with other Facebook recent announcements — “friend lists” that help you classify your contacts into groups, a Ticker that gives updates from your cohorts as they happen,  and changes in the newsfeed to make it more reflective of what your close friends are doing — Facebook is not so subtly doubling down on its ambitions to enable people to shed the pre-digital cloak of isolation and treat their life as a 24/7 reality show, broadcast to those in their social spheres.

Remember when Time named “you” as the person of the year for 2006, before Facebook had swept across the planet? Here is how the story described the effect of the Internet:

It’s a story about community and collaboration on a scale never seen before. It’s about the cosmic compendium of knowledge Wikipedia and the million-channel people’s network YouTube and the online metropolis MySpace. It’s about the many wresting power from the few and helping one another for nothing and how that will not only change the world, but also change the way the world changes.

This is a more hopeful vision than what Wired offers where individuals can produce and star in their own reality show.

The fulcrum on which Facebook’s future might hinge is whether it is able to help people forge new connections  or whether people continue to hunker down in their existing social groups. The desire that Facebook users would forge new connections is not surprising if you have read sources like The Facebook Effect that highlighted the company’s goals of opening up the world. While research studies still suggest that the majority of Facebook contact and relationships exist between people who already know each other prior to Facebook, perhaps this will change due to Facebook’s interface changes as well as the growing cultural acceptance of conducting our social lives through this online realm. Or perhaps we are destined to live in a world where our highest goal is to become individual celebrities.

Majority of young adults “see online slurs as just joking”

A recent survey of teenagers and young adults suggests that they are more tolerant of offensive or pejorative terms in the online realm:

Jaded by the Internet free-for-all, teens and 20-somethings shrug off offensive words and name-calling that would probably appall their parents, teachers or bosses. And an Associated Press-MTV poll shows they don’t worry much about whether the things they tap into their cellphones and laptops could reach a wider audience and get them into trouble.

Seventy-one percent say people are more likely to use slurs online or in text messages than in person, and only about half say they are likely to ask someone using such language online to stop…

But young people who use racist or sexist language are probably offending more people than they realize, even in their own age range. The poll of 14- to 24-year-olds shows a significant minority are upset by some pejoratives, especially when they identify with the group being targeted…

But they mostly write off the slurs as jokes or attempts to act cool. Fifty-seven percent say “trying to be funny” is a big reason people use discriminatory language online. About half that many say a big reason is that people “really hold hateful feelings about the group.”…

It’s OK to use discriminatory language within their own circle of friends, 54 percent of young people say, because “I know we don’t mean it.” But if the question is put in a wider context, they lean the other way, saying 51-46 that such language is always wrong.

This would seem to corroborate ideas that anonymity online or comments sections free people up to say things that they wouldn’t say in real life. Perhaps this happens because there is no face-to-face interaction or it is harder to identify people or there are few repercussions. In the end, the sort of signs, verbal or non-verbal cues, that might stop people from saying these things near other people simply don’t exist online.

I would be interested to see more research about this “joking” and how young adults understand it. Humor can be one of the few areas in life where people can address controversial topics with lesser consequences. Of course, there are limits on what is acceptable but this can often vary by context, particularly in peer-driven settings like high school or college where being “cool” means everything. These young adults likely know this intuitively as they wouldn’t use the same terms around parents or adults. Are these young adults then more polite around authority figures and save it all up for online or are they more uncivil in general as some would argue?

For an important issue like racism, does this mean that many in the next generation think being or acting racist is okay as long as they are among friends but is not okay to exhibit in public settings? Is it okay to be racist as long as it is accompanied by a happy emoticon or a j/k?

Knowing that this is a common issue, what is the next step in cutting down on this offensive humor, like we are already seeing in many media sites’ comments sections? And who gets to do the policing – parents, schools, websites?

Patent trolls: 20 years, $500 billion in losses

One of my BU law professors, Mike Meurer, just posted a working paper (pdf) he co-authored with James Bessen and Jennifer Ford titled “The Private and Social Costs of Patent Trolls.”  Quoting the abstract:

In the past, non-practicing entities (NPEs) — firms that license patents without producing goods — have facilitated technology markets and increased rents for small inventors. Is this also true for today’s NPEs? Or are they “patent trolls” who opportunistically litigate over software patents with unpredictable boundaries? Using stock market event studies around patent lawsuit filings, we find that NPE lawsuits are associated with half a trillion dollars of lost wealth to defendants from 1990 through 2010, mostly from technology companies. Moreover, very little of this loss represents a transfer to small inventors. Instead, it implies reduced innovation incentives.

This works out to around $25 billion in lost wealth per year.  For comparison, even in its pre-Napster days, the RIAA only sold $14.7 billion per year—more than $10 billion less.

H/T Groklaw.

Update:  More analysis by Ars Technica.

Sociologist uses Twitter for class but are the students learning more?

Stories like this are not uncommon: professors utilizing technology to engage their students (and here is another one about clicker use).

Wendy Welch is incorporating the use of the social networking site Twitter into her cultural geography class this semester. The adjunct instructor said she decided to use the social networking site in her class after having problems with students using their phones in class for less-than-appropriate purposes.“If you can’t beat them, get ahead of them,” Welch said. “That’s the way the world works now.”…

Each student was assigned a country in Africa and asked to tweet facts about their country, such as languages and population, using designated hash tags, or categories. That way, each student only has to research one country but has access to all the information they may need from other students.

Welch also plans to have students use their mobile devices or laptops to research information during class sessions, she said…

She said she hopes to “get students to understand and participate in their own education.”

Perhaps this does increase the engagement level of the students. All professors want their students to be engaged and we don’t want to be seen as being behind the times. But, I think there is often something missing from discussions about student engagement and the use of technology in the classroom: does this actually lead to higher levels of student learning or student outcomes?

I suspect professors will always try to keep up with technology as it changes and each of these changes will be accompanied by hand-wringing. However, we need to be able to distinguish between engaging students with technology versus helping them learn. Take this Twitter example from class: do students do better on tests? Do they retain the knowledge better? Can they apply their knowledge from this particular class to other settings, particularly if the technology is not present? Does technology itself help students think more deeply about the big questions of our world?

If technology alone becomes the answer in the classroom, we will be in trouble.

Righthaven “nearing bankruptcy”

I was suspicious several days ago when I heard that Righthaven might be going under, but apparently it’s true:

The Las Vegas copyright-trolling firm Righthaven told a Nevada federal judge Friday it might file for bankruptcy protection, or cease operations altogether.

To prevent that, Righthaven is asking U.S. District Judge Philip Pro to stay his decision requiring Righthaven pay $34,000 in legal fees to an online commenter it wrongly sued for infringement.

Wired has posted Righthaven’s Motion to Stay here (pdf).  They are exceptionally candid about the economics of copyright troll litigation:

In Colorado, 35 Righthaven copyright infringement cases have been stayed since May 19, 2011 pending a ruling on whether the company has standing to maintain these actions. Likewise, ten infringement actions, most of which involve an amended version of the SAA that addresses the concerns expressed by this Court in its subject matter decision, have been stayed in this District until a standing determination is made. Thus, Righthaven has been precluded from actively litigating and resolving the stayed cases. Moreover, Righthaven has delayed filing new copyright enforcement actions until a standing determination is made based upon the terms of the currently operative version of the SAA. Throughout this period, and despite a lack of incoming revenue given that numerous pending action are stayed, Righthaven has continued to incur operating expenses.

Clearly, Righthaven is a cash-poor outlet these days.  And here’s where things get really interesting:  based on its motion, Righthaven seems deathly afraid that they might have to sell some of their assets to satisfy a $34,000 judgment.  As they explain to the court:

Righthaven also has significant proprietary rights in its copyright infringement search engine software (the “Software”), which plays an integral role in the company’s operations. If a stay is not granted pending appeal, this valuable Software may be seized and liquidated in an attempt to satisfy the Judgment. Liquidation may result in the Software being sold to a competing organization or entity.

Talk about woeful undercapitalization.  A $34,000 judgment is going to force them into selling off their core business assets?  Really?

Righthaven always presented defendants in its copyright litigation with an unfair dilemma:

(1) pay out a few thousand in “go away” money now, or
(2) mount an actual legal defense (at an initial, minimum cost of a few thousand, with no guarantees that things would work out well).

It seems that Righthaven now faces a dilemma of its own:

(1) raise enough capital to pay off this $34,000 pending appeal, or
(2) go bankrupt.

The difference, of course, is that the dilemma Righthaven faces is fair.  They put defendants to the expense of hiring lawyers.  Some of those defendants won.  The law says that those winning defendants should have their legal expenses paid by Righthaven.  Sounds about right to me.  If Righthaven can’t afford to pay without selling assets, perhaps they never should have been filing lawsuits in the first place.

Righthaven losing that rocky mountain high

I noted yesterday that copyright troll Righthaven hasn’t filed any new lawsuits in the past two months, but I was suspicious that it was all over.  After reading Wired’s coverage today, however, I think Righthaven’s end is near:

The new chief executive of MediaNews Group, publisher of the Denver Post and 50 other newspapers, said it was “a dumb idea” for the nation’s second-largest newspaper chain to sign up with copyright troll Righthaven.…

“The issues about copyright are real,” [John] Paton told Wired.com in a telephone interview. “But the idea that you would hire someone on an — essentially — success fee to run around and sue people at will who may or may not have infringed as a way of protecting yourself … does not reflect how news is created and disseminated in the modern world.”

I stand corrected.  Barring a court-ordered miracle, it seems only a matter of time before Righthaven closes up shop.

Mr. Google, take down this content

Google’s default response to possible copyright infringement on YouTube is surprisingly mechanical and far from perfect.  Consider TMZ’s recent report on the hapless Justin Bieber and his ubiquitous YouTube music videos:

Justin Bieber has been victimized by a brand new cyber-enemy … an enemy who found a way to get every single one of JB’s official music videos REMOVED from YouTube….YouTube has a yank first, ask questions later policy when a copyright claim is made — so they simply pulled the videos off the site … until the dispute is resolved.

Of course, there are myriad problems with such a system, as Ernesto over TorrentFreak elaborates:

YouTube describes its Content-ID anti-piracy filter as a state-of-the-art technology, but those who look closely can see that in some cases it creates a huge mess. The system invites swindlers to claim copyright on other people’s videos and make money off them through ads. It automatically assigns thousands of videos to people who don’t hold the copyrights, and its take-down process appears to be hugely biased towards copyright holders.…

Content-ID allows rightsholders to upload the videos and music they own to a central ‘fingerprint’ database. YouTube will then scan their site for full or partial matches, and if there is a hit the copyright holder can automatically take it down, or decide to put their ads on it.

Although the above sounds like a fair and honest solution, not everything Content-ID does goes to plan.…One of the problems appears to be that people with bad intentions can claim copyright on videos they have nothing to do with, and even run ads on them. In the YouTube support forums there are hundreds of posts about this phenomenon…[although] most of the “misattribution” problems seem to be the result of screwups and technical limitations.

As Ernesto notes in passing, there is supposed to be an opportunity to counter a takedown request under the Digital Millennium Copyright Act (DMCA).  Unfortunately, Google’s Content-ID system doesn’t work this way, as Patrick McKay of FairUseYouTube.org elaborates:

Instead of requiring copyright owners to file a formal DMCA notice in response to a Content ID dispute, thus allowing users to invoke the DMCA counter-notice process, YouTube allows copyright owners to somehow “confirm” their copyright claim through the Convent ID system and re-impose whatever blocks were originally in place through Content ID. In this case, a message will appear on the user’s “View Copyright Info” page for that video saying, “All content owners have reviewed your video and confirmed their claims to some or all of its content.” After this, as far as I can tell, there is absolutely no way for the user to file a dispute and get their video restored.

Certainly, Google is under no legal obligation to provide video distribution services to anyone who asks for them no matter how contentious the content’s ownership.  At the end of the day, Google is a business, and dealing with the minutia of these copyright ownership disputes is expensive.  It’s obvious why Google wants to bow out of the fight as early (and cheaply) as possible.

Nonetheless, it is extremely troubling that Google is silencing some users’ speech without allowing them to defend (at their own risk and expense) legal rights provided under the DMCA.