Running The Clock Backwards To Judge Technological Progress

from the would-you-trade-one-for-the-other? dept

Kevin Donovan points us to a short but interesting essay by Steven Pinker, on technological progress. In it, he discusses the popularity of moral panics over new technologies, and claims by folks who say that Google/text messaging/the web/email/etc are "making us stupid." He suggests a rather simple test for determining how silly those are, which includes seeing whether or not you'd exchange what you have today for what you had in the past:

I would suggest another way to look at the effects of technology on our collective intelligence. Take the intellectual values that are timeless and indisputable: objectivity, truth, factual discovery, soundness of argument, insight, explanatory depth, openness to challenging ideas, scrutiny of received dogma, overturning of myth and superstition. Now ask, are new technologies enhancing or undermining those values? And as you answer, take care to judge the old and new eras objectively, rather than giving a free pass to whatever you got used to when you were in your 20s.

One way to attain this objectivity is to run the clock backwards and imagine that old technologies are new and vice-versa. Suppose someone announced: "Here is a development that will replace the way you've been doing things. From now on, you won't be able to use Wikipedia. Instead you'll use an invention called The Encyclopedia Britannica. You pay several thousand dollars for a shelf-groaning collection of hard copies whose articles are restricted to academic topics, commissioned by a small committee, written by a single author, searchable only by their titles, and never change until you throw the entire set and buy new ones." Would anyone argue that this scenario would make us collectively smarter?

The reason technology progresses the way it does is because it is progress. Otherwise, people wouldn't be using it. We use Wikipedia because it has many features that make it more useful. We use email/Twitter/text messaging/mp3s and other technologies for the same reason. They make life better in some way. Otherwise, they wouldn't get used at all.

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Reasons Why Copyright On Art And Music Could Be Deemed Unconstitutional

from the arguments-in-the-extreme dept

I've often discussed the original constitutional reasoning behind patents and copyright law, specifically the phrase we all know in Article 1, Section 8:

The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

From this, I still believe it's quite clear that if copyright or patents are used in a way that does not "promote the progress" of those things, then it is unconstitutional to use copyright or patent law in that way. Not everyone agrees with me, of course. However, I've mostly focused on the "promote the progress" side of things, but haven't delved as much into the details of "science and useful Arts." I have read up extensively on what the founders meant by that, which can be simplified as "science" meaning scientific publishing/books and "useful Arts" meaning inventions. There's also a fair bit of evidence that the real focus of the founders was on patents, rather than copyright. It wasn't that they weren't concerned at all about copyright (they were), but that the bigger issue was patents, and copyright was a sort of "throw in" at the behest of some vocal authors, along with some remembrance of states' fights over local copyright policies. But, on the whole, it was patents that were considered of much more importance to progress than copyrights.

And, not only were copyrights initially for a "limited time" (14-years) but the first federal copyright law in the US limited copyright to books, maps and charts. Tom Bell points out that, based on this, and some other aspects of the early intentions of the founders, you can make an argument that copyright law, as per the constitution, was never intended for things like art and music. After all, what does art or music have to do with "science"? And if it really was intended to cover art and music, then why didn't the founders have it cover music that was being composed at the time? Perhaps it was because they realized that music and paintings had nothing to do with science, and the Constitutional clause is only limited to promoting the progress of science and the useful arts (and, again, in the parlance of the day, "useful arts" was inventions). As Bell states:

Here as elsewhere, acquiescence to long-accepted practices has dulled us to the Constitution's bracingly straightforward words. We should read them anew and reflect that the Founding generation did not evidently think that granting statutory privileges to such purely artistic creations as romantic operas or pretty pictures would promote the progress of both science and the useful arts. Furthermore, most citizens today would, if presented with the Constitution's plain language rather than the convoluted arguments of professional jurisprudes, probably say the same thing about pop songs, blockbuster movies, and the like. That is certainly not to say that purely expressive works lack value. They may very well promote such important goals as beauty, truth, and simple amusement. The Constitution requires that copyright promote something else, however--"the Progress of Science and useful Arts"--and a great many works now covered by copyright cannot plausibly claim to do both.

Bell is interpreting the Constitutional clause in an even stricter manner -- suggesting that any work covered by patents or copyright needs to promote both progress in science and in the useful arts, which is an even higher bar, though I'm not sure I'm convinced it was meant to be both. Also, many would retort that the Constitution grants the Congress the ability to determine if such monopolies promote the progress of science and the useful arts -- and as long as Congress says they do, then we should consider that they do (no matter how wrong they might be). For a variety of reasons, that line of thinking is problematic, but it is the line that the Supreme Court has taken with copyright before (such as in the Eldred case). I'm not necessarily convinced of Bell's thinking here, but it's certainly a point worth pondering (and discussing).

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The Problems Of A Legacy Business: Verizon's Union Freaks Out That Verizon Wants To Look Forward

from the what-a-shame dept

It's really sad to see some of the struggles that legacy businesses go through in trying to adapt to a more modern world, but not all of it is the fault of those businesses themselves. Look, for example, at what's happening with Verizon. Subsidiary Verizon Wireless -- which is 55% owned by Verizon -- began a marketing campaign pushing people to ditch their landline phone and go completely wireless. That's not a bad marketing campaign (and, in fact, might be a very good marketing campaign these days). So what happens? The union that represents Verizon's landline telco workers flips out and accuses the company of trying to undermine the union by helping Verizon get out of the landline business, so it can get rid of those workers. Seriously. First of all, there's little evidence to suggest that's true. Like most traditional telcos, Verizon still sees its basic landline business as a useful cash cow that I'm sure it intends to milk for as long as possible. Chances are, since VZW is a separate company, the marketing plan had nothing to do with the parent's marketing efforts. But, either way, at some point the company should be pushing customers to ditch landlines and other older technologies and embrace better solutions. Not because it puts old union guys out of work, but because it's where the market is headed.

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Even The Pope Is Worried About The State Of Intellectual Property

from the didn't-see-that-coming dept

The US Constitution clearly states that the sole purpose of intellectual property monopolies is "to promote the progress of science and the useful arts." For quite some time, we've felt that current intellectual property law does not live up to that challenge... and it appears that, of all people, the Pope may agree. Pope Benedict XVI is certainly not subject to the US Constitution, but Roberto Valenzuela alerts us to the Pope's "Caritas in veritate" (Charity in Truth) that just came out today. In it, the Pope discusses what is progress and the importance of economic development, which makes for quite an interesting read, whether you are religious or not. The Pope talks about how economic development, prosperity and economic growth has helped lift many out of poverty and built up nations and created tremendous opportunities for people. However, he is worried about "malfunctions and dramatic problems" in the system. Such as? Well, intellectual property for one thing:

On the part of rich countries there is excessive zeal for protecting knowledge through an unduly rigid assertion of the right to intellectual property, especially in the field of health care

While there's plenty that I don't necessarily agree with, a lot of the talk certainly does appear to be pretty economically literate, suggesting that an overabundant focus on short term profits can do significant harm to long-term economic growth. He talks up the importance of increasing knowledge and research and better sharing the results of that research.

The impact of technology is a constant theme throughout the entire thing, with an entire section focused on technology towards the end, where he does worry that our fascination with technology its own sake often obscures the its overall impact. He talks about the responsible use of technology, but (and perhaps I'm reading too much into it) he doesn't appear to be condemning technological progress, but noting that for its gains to be sustainable, people do need to think about the wider impact. However, I certainly disagree with his assessment that technology for things like social communications can have a direct moral implication, as opposed to being "neutral."

It's a worthwhile (if long) read, no matter where you stand on these issues -- but the very fact that even the Pope is concerned about the excesses of intellectual property being used to harm economic and social development again suggests that this is a problem that is having a pretty wide impact.

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No, Telecom Progress Hasn't Slowed

from the wonders-of-competition dept

Megan McArdle points to a post by "cactus" claiming that progress in the telecom industry has slowed since the passage of the 1996 Telecom Act, and suggests that this is an argument against deregulation. Megan points out that cactus is likely exaggerating the responsiveness of Baby Bell customer service in the early 1990s. Here's another part of the argument that's really misguided:

"My guess is that the improvement in technology available to the consumer from 1984 to 1996 is more significant than the improvement from 1996 to 2008. (Anyone remember using a BBS?) And the improvements on the cell phone side of the business seem to come mostly on the manufactured hand-unit, which was never regulated because it isn't a natural monopoly."

The problem with this is that if we're talking about Internet access, there were no improvements at all between 1984 and 1996 in what phone companies offered to residential customers to get online. In 1984, if you wanted to get online, you got a second phone line and purchased a modem. In 1996, if you wanted to get online, you got a second phone line and got a modem. Now, the 1984 modem was probably 1200 bps, while the 1996 modem was probably 28,800 bps. And the 1984 online service was probably Compuserve, while the 1996 online service might have been a real ISP. But of course the Baby Bells weren't major players in the modem or online service markets during these years, and neither market was regulated. So touting them as evidence of the virtues of the pre-1996 regulatory regime, while dismissing the analogous improvement in cell-phone handsets since 1996, is disingenuous.

More broadly, it's just silly to claim that progress in the telecom industry has slowed over the last 12 years. Between 1984 and 1996, typical home online speeds increased from 1200 bps to 28.8 kbps, an impressive 24-fold improvement. By 2008, typical internet speeds were upwards of 3 mbps, an even more impressive 100-fold improvement. And 28.8 was the fastest you could go in 1996 without paying exorbitant charges for a dedicated data line. In contrast, some broadband providers are offering speeds as high as 20 mbps—a 700-fold improvement—for under $70/month. Now, I don't think improvements in the telecom market have been primarily due to the 1996 Telecom Act (which wasn't especially deregulatory anyway). Primarily, I think the progress was due to two things: cable companies getting into the broadband and phone markets (which which has created pressures for faster DSL and fiber roll-outs), and the government auctioning off spectrum to increase competition in the wireless market (which has provided additional competition for the Baby Bells' phone business). The former was likely sped along by some provisions of the 1996 Telecom Act, although the the "local loop unbundling" fiasco may have stunted development of DSL service during the same period. On the other hand, spectrum auctions were first authorized by Congress in 1993, so the latter can't be credited to the Telecom Act.

The bottom line, though, is that deregulation is most successful when it's designed to increase competition. A well-designed deregulatory scheme will enhance competition by removing barriers to entry and letting new firms enter the market. Poorly-designed "deregulation" will leave barriers to entry in place and simply relax regulations that limit the monopolist's ability to extract monopoly rents. There was some of each in the 1996 Telecom Act, but either way it's clear that progress continued at a brisk clip after 1996, and increased competition was a big part of that. If Congress wants that progress to accelerate over the next decade, it should look for ways to further increase competition in the telecom industry, not try to turn back the clock to the 1980s.

Timothy Lee is an expert at the Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.

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