Category: EmanciTerm (Page 2 of 2)

How music lovers can fix the broken music business and stop screwing artists

In Taylor Swift, Spotify and the Musical Food Chain Myth, musician Doria Roberts (@DoriaRoberts) details a problem that we’ve been hearing about for the duration:  artists have been getting screwed by the music industry, which now includes streaming services such as Spotify, paying tiny fractions of a penny for every tune everybody hears through them. She writes,

…not only have physical CD sales been down, but also the digital money I used to get from legal downloads all but disappeared. Instead of getting weekly payments ranging between $200-$750 from my distributor, I started getting an average $11.36, once a month from all streaming services combined. Yes, $11.36/month is what I get from all of them. That is not a sustainable business model for a truly independent artist.

And it will get worse as streams gradually become the main source for music. Signs and portents in that direction:

Doria also offers some answers:

HOW CONSUMERS CAN HELP REVERSE THE COURSE

As a consumer and a fan, you are at the top of this food chain, not the bottom. You are not subject to the whims of popular culture; you are the arbiter of it. If you want to see less “fluff” in the music industry, if you want to see your artists remain authentic, creative and prolific beings and, if you want them to come back to your hometowns:

1. Start buying our music again. Digital, hard copy, doesn’t matter, just pay for it. If you can pay $4 for a coffee, you can pay $9.99 for something meaningful that you’ll enjoy forever.

2. Stop using streaming services that only pay us $.0006 per listen if you don’t already own our music either via a legal download or a hard copy. Educate yourself. If you think the profits that oil companies make are obscene, I urge you to do some digging about what some of these streaming companies are really about. [Editor’s note: Spotify claims to have paid Taylor Swift over $2 million dollars in streaming royalties. Her label says that’s not even close to the truth.]

3. And, this is important: Set your DVRs on your favorite show nights and go to our concerts. If I had a dime for every time a person told me they weren’t able to make my show because it was the finals of DWTS or The Voice, I wouldn’t be writing this post. I’d be sitting in a bungalow in Costa Rica sipping something fruity and delicious.

Simple solutions sometimes require difficult choices. Oh, and this goes for independent movies, books, indie/feminist bookstores, small venues and small businesses, too. Just know this: you have the power to change the cultural landscape around you. Use that power wisely.

In reply below, I wrote,

All the course-reversing suggestions are good, but also assume that the only possible choices are the ones we have now. This has never been the case. We can invent new choices — new solutions for this already-old problem.

I believe the best solutions are those that make it very easy for consumers to pay whatever they want for whatever they like (and not just music).

One outline for this is EmanciPay, at ProjectVRM: . My own idea for an expression of EmanciPay is a user-side system set up to automatically pay (or pledge to pay) a penny per listen to any song heard anywhere, including one’s own music collection. That’s a high multiple of whatever coercive rates are being extracted on the supply side of the marketplace today — and in the whole future, which will suck.

Way back in ’98, when the DMCA birthed the ancestor of today streamed music royalty regime, it framed coercive rates with this context: “in the absence of a willing buyer and a willing seller.”

So let’s quit working only the seller-side of the marketplace. Let’s equip the willing buyer.

If anybody wants to work on the code for that, contact me (I’m not hard to find). We’ll get a posse together and go do it. Given the sum of existing code in the world already, it shouldn’t be too hard.

If we really are at the top of the food chain, we need better ways to pay for what we eat. If we don’t come up with those, all we will have are government-regulated ways to screw both the artists and the media. (Ask Spotify and Pandora how much they’re profiting in the current system.)

What we have today with streaming is guided by language like this (from the last link above):

…rates for the statutory licenses for webcasting and for ephemeral recordings must be the rates that most clearly represent the rates that would have been negotiated in the marketplace between a willing buyer and a willing seller. — http://www.copyright.gov/carp/webcasting_rates_final.html

The boldface is mine. Here’s my point: Regulators and their captors in the record industry have believed from the start that listeners to streams cannot be willing buyers.

I want to prove them wrong.

The time wasn’t right when we started writing about this back in the late ’00s.  But now it is. Let’s do something about it.

 

What if qualified leads were free?

In terms of economic signaling, think about which is worth more:

  1. A ready-to-sell-something message from an advertiser
  2. A ready-to-buy-something message from a customer

Of course it depends. A company can use an ad to signal many people at once, and to signal far more than a readiness to sell something. And now, with advanced analytics and Big Data, an ad can be personalized to a high degree: timed and targeted to reach a customer at exactly the right place and time. (Or that’s the idea, anyway.) Customers are also separate individuals. They may only be worth something to a company in aggregate. So we’re talking about lots of variables here.

But let’s look at a single vendor and a single customer for a moment, and say you’re the vendor. What would a ready-to-buy signal from a customer be worth to you? The answer today is called the qualified leads business. Search for that and you’ll get lots of results, most of which pitch you on paying for those leads.

But what if the leads were free, or close to that price? They are with intentcasting. (In Hunter becomes the prey, Scott Adams calls this “broadcast shopping.”) With intentcasting, customers advertise their wants and needs. For vendors, listening to the signals is free.

From the list of VRM development efforts on the ProjectVRM wiki, here’s the current list of intentcasting efforts:

AskForIt † – individual demand aggregation and advocacy
Body Shop Bids † – intentcasting for auto body work bids based on uploaded photos
Have to Have † – “A single destination to store and share everything you want online”
Intently † – Intentcasting “shouts” for services, in the U.K.
Innotribe Funding the Digital Asset Grid prototype, for secure and accountable Intentcasting infrastructure
OffersByMe † – intentcasting for local offers
Prizzm †- social CRM platform rewarding customers for telling businesses what they want, what they like, and what they have problems with
RedBeacon † – intentcasting locally for home services
Thumbtack † – service for finding trustworthy local service providers
Trovi intentcasting; matching searchers and vendors in Portland, OR and Chandler, AZ†
Übokia intentcasting†
Zaarly † intentcasting to community – local so far in SF and NYC

I’m sure it’s far from complete or up-to-date, but you can see some of what’s already going on. I guarantee that a lot more will be happening here in 2013 and beyond.

Can we each be our own Amazon?

The most far-out chapter in  is one set in a future when free customers are known to be more valuable than captive ones. It’s called “The Promised Market,” and describes the imagined activities of a family traveling to a wedding in San Diego. Among the graces their lives enjoy are these (in the order the chapter presents them):

  1. Customer freedom and intentions are not restrained by one-sided “agreements” provided only by sellers and service providers.
  2. — service organizations working as agents for the customer — are a major breed among user driven services.
  3. The competencies of nearly all companies are exposed through interactive that customers and others can engage in real time. These will be fundamental to what calls .
  4. s (now also called intentcasts), will be common and widespread means for demand finding and driving supply in the marketplace.
  5. Augmented reality views of the marketplace will be normative, as will mobile payments through virtual wallets on mobile devices.
  6. Loyalty will be defined by customers as well as sellers, in ways that do far more for both than today’s one-sided and coercive loyalty programs.
  7. Relationships between customers and vendors will be genuine, two-way, and defined cooperatively by both sides, which will each possess the technical means to carry appropriate relationship burdens. In other words, VRM and CRM will work together, at many touch-points.
  8. Customers will be able to proffer prices on their own, independently of intermediaries (though those, as fourth parties, can be involved). Something like EmanciPay will facilitate the process.
  9. Supply chains will become “empathic” as well as mechanical. That is, supply chains will be sensitive to the demand chain: signals of demand, in the context of genuine relationships, from customers and fourth parties.
  10. The advertising bubble of today has burst, because the economic benefits of knowing actual customer intention — and relating to customers as independent and powerful economic actors, worthy of genuine relationships rather than coercive — bob will have became obvious and operative. Advertising will continue to do what it does best, but not more.
  11. Search has evolved to become far more user-driven and interactive, involving agents other than search engines.
  12. Bob Frankston‘s will be taken for granted. There will still be businesses that provide connections, but nobody will be trapped into any one provider’s “plan” that excludes connection through other providers. This will open vast new opportunities for economic activity in the marketplace.

In , Sheila Bounford provides the first in-depth volley on that chapter, focusing on #4: personal RFPs. I’ll try to condense her case:

I’ve written recently of a certain frustration with the seemingly endless futurology discussions going on in the publishing world, and it’s probably for this reason that I had to fight my way through the hypothesis in this chapter. However on subsequent reflection I’ve found that thinking about the way in which Amazon currently behaves as a customer through its Advantage programme sheds light on Searls’ suggestions and projections…

What Searls describes as the future for individual consumers is in fact very close to the empowered relationship that Amazon currently enjoys with its many suppliers via Amazon Advantage…  Amazon is the customer – and a highly empowered one at that.

Any supplier trading with Amazon via Advantage (and that includes most UK publishing houses and a significant portion of American publishers) has to meet all of the criteria specified by Amazon in order to be accepted into Advantage and must communicate online through formats and channels entirely prescribed and controlled by Amazon…

Alone, an individual customer is never going to be able to exert the same kind of leverage over vendors in the market place as a giant like Amazon. However individual customers online are greater than the sum of their parts: making up a crucial market for retailers and service providers. Online, customers have a much louder voice, and a much greater ability to collect, organise and mobilise than offline. Searls posits that as online customers become more attuned to their lack of privacy and control – in particular of data that they consider personal – in current normative contracts of adhesion, they will require and elect to participate in VRM programmes that empower them as individual customers and not leave them as faceless, impotent consumers.

So? So Amazon provides us with a neat example of what it might look like if we, as individuals, could control our suppliers and set our terms of engagement. That’s going to be a very different online world to the one we trade in now.  Although I confess to frustration with the hot air generated by publishing futurology, it seems to me that the potential for the emergence VRM and online customer empowerment is one aspect of the future we’d all do well to work towards and plan for.

From the start of ProjectVRM, Iain Henderson (now of The Customer’s Voice) has been pointing to B2B as the future model for B2C. Not only are B2B relationships rich, complex and rewarding in ways that B2C are not today (with their simplifications through customer captivity and disempowerment), he says, but they also provide helpful modeling for B2C as customers obtain more freedom and empowerment, outside the systems built to capture and milk them.

Amazon Advantage indeed does provide an helpful example of where we should be headed as VRM-enabled customers. Since writing the book (which, except for a few late tweaks, was finished last December) I have become more aware than ever of Amazon’s near-monopoly power in the book marketplace, and possibly in other categories as well. I have heard many retailers complain about “scan and scram” customers who treat brick-and-mortar stores as showrooms for Amazon. But perhaps the modeling isn’t bad in the sense that we ought to have monopoly power over our selves. Today the norm in B2C is to disregard that need by customers. In the future I expect that need to be respected, simply because it produces more for everybody in the marketplace.

It is highly astute of Sheila to look toward Amazon as a model for individual customers. I love it when others think of stuff I haven’t, and add to shared understanding — especially of a subject as protean as this one. So I look forward to the follow-up posts this week on her blog.

Coming to terms

We lie every time we “accept” terms that we haven’t read — a pro forma  behavior that is all but required by the calf-cow model of the Web that’s prevailed since 1995. We need to change that. And so we are.

StandardLabel.org is working on “A clear, consistent way for websites to say what they do with the data they share, before we share it.” While its recent Kickstarter campaign came up a bit short, the work continues. Here is one (prototypical) way that label might look:

(The actual image I wanted there was this one, but heard it wasn’t showing up in all browsers, so I went with the one above.)

The StandardLabel folks also have a survey, which I recommend taking.

CommonTerms intends “to solve the problem of non-accessible online legal texts in a way similar to how Creative Commons made different copyright licenses accessible,” adding, “We thought that by analyzing existing agreements, we could identify the most common terms, and then create icons to symbolize them.” Background:

The CommonTerms project is coordinated by Metamatrix AB andsponsored by Internetfonden.se

The project is a result of a session on “sustainable web development” by Pär Lannerö and Thomas Bjelkeman at the Sweden Social Web Camp, in August 2010.

Their prototype, focused on icons, stars Pär and looks like this:

Par and  Lars-Erik Jakobsson (icon), Gregg BernsteinCarl TörnquistHanna ArkestålMax WalterMattias AspelundAnders Carlman have since added BiggestLie.com, source of the image at the top of this post, plus this one here, which I just earned:

The idea is to start getting real about what we’re all doing and not doing.

What we’re doing is lying: i.e. agreeing not only to what we don’t read, but to the rotted status quo of which one-sided non-agreements are a part. What we’ve not been doing for most of the last 17 years is solving the problem.

But, thanks to the work above (plus whatever I’ve missed), we are doing some things. So are PDEC.cc and companies like Personal. Other work is happening with personal clouds. (PDEC is on that case too.) Aza Raskin‘s Privacy Icons are an effort in this same direction. (CommonTerms has a longer list.)

Still, looks to me like most of the work being done so far is on the cow side of the calf-cow relationship. On our side, we need to stop being calves, for real. That is, we need to have full agency in the original sense of the word: power to cause intended effects on our own.

For that we will need machine- and user-readable ways to express own terms, preferences and policies, so they can be read by sites (the cows) and matched up. That’s the idea behind EmanciTerm, described in How about using the ‘No Track’ button we already have? and in The Intention Economy. There I explain,

With full agency, however, an individual can say, in the first person voice, “I own my data, I control who gets access to it, and I specify what I wish to happen under what conditions.” In the latter category, those wishes might include:

  • Don’t track my activities outside of this site.
  • Don’t put cookies in my browser for anything other than helping us remember each other and where we were.
  • Make data collected about me available in a standard, open format.
  • Please meet my fourth-party agent, Personal.com (or whomever).

These are EmanciTerms, and there will be corresponding ones on the vendor’s side. Once they are made simple and straightforward enough, they should become normative to the point where they serve as de facto stan- dards, in practice.

Since the terms should be agreeable and can be expressed in text that code can parse, the process of arriving at agreements can be automated.

For example, when using a public wi-fi access point, a person’s EmanciTerms might say, “I will not knowingly hog this shared resource, for example, by watching high-def video on it,” or “I will not engage in illegal activities here.” If the provider of the access point has a VRM-ready service that is willing to deal with the user on his or her own EmanciTerms as well as those of the provider, it should be possible to automate the formalities and let the user bypass the usual “read and accept our agreement” ritual.

Not everything we express in the proposed ceremony here has to be one side of a binding agreement. If we express these terms as preferences or policies they can still be heard, even if they’re not agreed to. Being heard is one idea behind BiggestLie. But the cows can’t fix this on their own. We need to work both sides.

The only problem with all this is that our work is scattered. Let’s get it together.

How about using the ‘No Track’ button we already have?

left r-buttonright r-buttonFor as long as we’ve had economies, demand and supply have been attracted to each other like a pair of magnets. Ideally, they should match up evenly and produce good outcomes. But sometimes one side comes to dominate the other, with bad effects along with good ones. Such has been the case on the Web ever since it went commercial with the invention of the cookie in 1995, resulting in a calf-cow model in which the demand side — that’s you and me — plays the submissive role of mere “users,” who pretty much have to put up with whatever rules websites set on the supply side.

Consistent with Lord Acton’s axiom (“Power corrupts; absolute power corrupts absolutely”) the near absolute power of website cows over user calves has resulted in near-absolute corruption of website ethics in respect to personal privacy.

This has been a subject of productive obsession by Julia Anguin and her team of reporters at The Wall Street Journal, which have been producing the What They Know series (shortcut: http://wsj.com/wtk) since July 30, 2010, when Julia by-lined The Web’s New Gold Mine: Your Secrets. The next day I called that piece a turning point. And I still believe that.

Today came another one, again in the Journal, in Julia’s latest, titled Web Firms to Adopt ‘No Track’ Button. She begins,

A coalition of Internet giants including Google Inc. has agreed to support a do-not-track button to be embedded in most Web browsers—a move that the industry had been resisting for more than a year.

The reversal is being announced as part of the White House’s call for Congress to pass a “privacy bill of rights,” that will give people greater control over the personal data collected about them.

The long White House press release headline reads,

We Can’t Wait: Obama Administration Unveils Blueprint for a “Privacy Bill of Rights” to Protect Consumers Online

Internet Advertising Networks Announces Commitment to “Do-Not-Track” Technology to Allow Consumers to Control Online Tracking

Obviously, government and industry have been working together on this one. Which is good, as far as it goes. Toward that point, Julia adds,

The new do-not-track button isn’t going to stop all Web tracking. The companies have agreed to stop using the data about people’s Web browsing habits to customize ads, and have agreed not to use the data for employment, credit, health-care or insurance purposes. But the data can still be used for some purposes such as “market research” and “product development” and can still be obtained by law enforcement officers.

The do-not-track button also wouldn’t block companies such as Facebook Inc. from tracking their members through “Like” buttons and other functions.

“It’s a good start,” said Christopher Calabrese, legislative counsel at the American Civil Liberties Union. “But we want you to be able to not be tracked at all if you so choose.”

In the New York Times’ White House, Consumers in Mind, Offers Online Privacy Guidelines Edward Wyatt writes,

The framework for a new privacy code moves electronic commerce closer to a one-click, one-touch process by which users can tell Internet companies whether they want their online activity tracked.

Much remains to be done before consumers can click on a button in their Web browser to set their privacy standards. Congress will probably have to write legislation governing the collection and use of personal data, officials said, something that is unlikely to occur this year. And the companies that make browsers — Google, Microsoft, Apple and others — will have to agree to the new standards.

No they won’t. Buttons can be plug-ins to existing browsers. And work has already been done. VRM developers are on the case, and their ranks are growing. We have dozens of developers (at that last link) working on equipping both the demand and the supply side with tools for engaging as independent and respectful parties. In fact we already have a button that can say “Don’t track me,” plus much more — for both sides. Its calle the R-button, and it looks like this: ⊂ ⊃. (And yes, those symbols are real characters. Took a long time to find them, but they do exist.)

Yours — the user’s — is on the left. The website’s is on the right. On a browser it might look like this:

r-button in a browser

Underneath both those buttons can go many things, including preferences, policies, terms, offers, or anything else — on both sides. One of those terms can be “do not track me.” It might point to a fourth party (see explanations here and here) which, on behalf of the user or customer, maintains settings that control sharing of personal data, including the conditions that must be met. A number of development projects and companies are already on this case. All the above falls into a category we call EmanciTerm. Much has been happening as well around personal data stores (PDSes), also called “lockers,” “services” and “vaults.” These include:

Three of those are in the U.S., one in Austria, one in France, one in South Africa, and three in the U.K. (All helping drive the Midata project by the U.K. government, by the way.) And those are just companies with PDSes. There are many others working on allied technologies, standards, protocols and much more. They’re all just flying below media radar because media like to look at what big suppliers and governments are doing. Speaking of which… 🙂

Here’s Julia again:

Google is expected to enable do-not-track in its Chrome Web browser by the end of this year.

Susan Wojcicki, senior vice president of advertising at Google, said the company is pleased to join “a broad industry agreement to respect the ‘Do Not Track’ header in a consistent and meaningful way that offers users choice and clearly explained browser controls.”

White House Deputy Chief Technology Officer Daniel Weitzner said the do-not-track option should clear up confusion among consumers who “think they are expressing a preference and it ends up, for a set of technical reasons, that they are not.”

Some critics said the industry’s move could throw a wrench in a separate year-long effort by the World Wide Web consortium to set an international standard for do-not-track. But Mr. Ingis said he hopes the consortium could “build off of” the industry’s approach.

So here’s an invitation to the White House, Google, the 3wC, interested BigCos (including CRM companies), developers of all sizes and journalists who are interested in building out genuine and cooperative relationships between demand and supply::::

Join us at IIW — the Internet Identity Workshop — in Mountain View, May 1-3. This is the unconference where developers and other helpful parties gather to talk things over and move development forward. No speakers, no panels, no BS. Just good conversation and productive work. It’s our fourteenth one, and they’ve all been highly productive.

As for the r-button, take it and run with it. It’s there for the development. It’s meaningful. We’re past square one. We’d love to have all the participation we can get, from the big guys as well as the little ones listed above and here.

To help get your thinking started, visit this presentation of one r-button scenario, by Adam Marcus of MIT. Here’s another view of the same work, which came of of a Google Summer of Code project through ProjectVRM and the Berkman Center:

(Props to Oshani Seneviratne and David Karger, also both of MIT, and Ahmad Bakhiet, of Kings College London, for work on that project.)

If we leave fixing the calf-cow problem entirely up to the BigCos and BigGov, it won’t get fixed. We have to work from the demand side as well. In economies, customers are the 100%.

Here are some other stories, mostly gathered by Zemanta:

All look at the symptoms, and supply-side cures. Time for the demand side to demand answers from itself. Fortunately, we’ve been listening, and the answers are coming.

Oh, and by the way, Mozilla has been offering “do not track” for a long time. Other tools are also available:

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