I am a record industry lawyer and I can't be bothered

17 Jun 2011 | 171 words | copyright european union

So one of the more memorable moments of this mornings rather dystopian ICT and management of creative content session at the Digital Agenda Assembly came when the representative from EMI publishing tried to make an argument by stressing that consumers can already buy music via iTunes under clear terms. In reaction to my interruption that these clear terms consist of 60 pages of legal gibberish he replied ‘i am a music industry lawyer and even i don’t read them’, which in return made everybody laugh a little bit and continue the discussion.

I don’t know how often i have heard this or a similar reaction before but it starts to really irritate me. If the very people who are responsible for these insane terms of use think that they are a joke, then maybe legislators should seriously consider mandating a ‘i think these are a joke’ option or a ‘i am a record industry lawyer and i can’t be bothered’ button next to the ‘i accept button.

itunes terms of use

I could watch this for hours...

03 May 2011 | 51 words | new york public transport metro

via kevin who discovered this marvel of a .gif animation which reminds me of a similar one i once made for the wireless bijlmer project website in 2003 (now defunct but archived here, you need wait for a few seconds before the train appears in the top right corner):

neverending commute

The latest skill required in the war on terror? direct messaging

14 Apr 2011 | 361 words | afghanistan drones war

The Los Angeles times has a terrifyingfascinating reconstruction of a US airstrike that killed 23 (or 16 if you believe the US military) afghan civilians on 21 february 2010. The reconstruction focusses on the role played by the pilot and camera operator of a predator drone that observed three ‘suspicious’ vehicles whose passengers had the misfortune crossing paths with a team of US special operators early on February the 21st.

MQ-9 Reaper in flight

The article documents how the drone operators (in Nevada), the the commander of the Special operations team (on the ground in Afghanistan) and a team of video screeners (in Florida) interacted in falsely determining that the Afghanis were armed insurgents (in reality they were unarmed villagers). One of the most intresting aspects of the article is the insight it provides into the communication patterns between the different actors involved on the US side:

The Predator’s two-man team — a pilot and a camera operator — was one of the Air Force’s most-experienced. […] Also stationed at Creech were the Predator’s mission intelligence coordinator and a safety observer. In addition, a team of “screeners” — enlisted personnel trained in video analysis — was on duty at Air Force special operations headquarters in Okaloosa, Fla. They sat in a large room with high-definition televisions showing live feeds from drones flying over Afghanistan. The screeners were sending instant messages to the drone crew, observations that were then relayed by radio to the A-Team. On the ground, the A-Team was led by an Army captain, a veteran of multiple tours in Afghanistan. Under U.S. military rules, the captain, as the ground force commander, was responsible for deciding whether to order an airstrike.

So you have a ground commander who cant see the the target who is in radio contact with the drone operator who gets most of the image analysis provided by screeners in another state who provide their assessments via direct messages and emails containing image stills) but without having access to the radio traffic with the ground commander.

As it turns out this is about as much a recipe for disaster as it sounds… [read the full article here]

Harwood on the 'Steam Powered Census'

04 Apr 2011 | 392 words | politics democracy

Over the last couple of month i have completely lost my ability to follow the exchanges on the nettime-l, and i have come close to unsubscribing for a couple of times. Fortunately i have not had the guts to do so yet and have forced myself every now-and-then to scan through the subject lines of 100s of posts before dragging them to the trash. During my last scan-and-trash operation i have come across a intriguing essay titled ‘Stream Powered Census‘ by my old friend Graham Harwood.

In his essay Harwood examines the contemporary open (government) data movement in it’s historical context: the emerging bureaucratic apparatus and the census data that enables its mechanisms of ordering and control. Through this lens Harwood provides us with a much needed critical perspective on the contemporary perception of ‘open data’ as a panacea for the effects of the crisis:

The government’s radical pension reforms of last year were based on the current life expectancy figures of 77.4years for men and 81.6years for women. This statistic sent thousands of analysts scurrying off during lunch hour. Flurries of emails later revealed that people in Kensington and Chelsea’s life expectancy for females is 85.8 years, almost nine and a half years more than Glasgow’s 76.4:therefore the question was,who was living longer and who would pay.

Due to historical and social formations too numerous to mention here, the gap between the wider public’s perception of data and the social experience it attempts to model, creates a form of indifference toward the expectations of this kind of narrative. A partial remedy for this

indifference might be found in making data more vital through taking a more critical view of transparency. This would require seeing it, not so much in technical terms – the protocols of the enlightened yet unequal participants of the governed and government – but more in terms of the data itself having some kind of agency.

Such a perspective can be imagined through a critical reading in which we are able to see what decisions the data has informed and evidenced and how that data has been collected, for what purpose and by whom. Taking this thread a little further it would also be illuminating to see in which positions the data places the subject of its records, and where too it places the user of the data.

Copyright protection is way overrated...

01 Apr 2011 | 241 words | copyright value public domain

… or at least way too long. Ben White of the British Library gave a really good illustration of this during his presentation at the EuropeanaConnect workshop on Extended Collective Licensing that took place in Luxembourg over the last two days.

On one of his slides he showed the results of a recent study on the commercial availability of print publications that the BL had done. For this study they took 10 random publication from each decade between 1870 and 2010 and checked how many of them are commercially available today:

Full presentation available here

The result is rather striking: there is a rapid drop of commercial availability after (or rather during?) the first 10 years after a work has been published. This indicates that for the majority of all publications copyright protection is way too long. The fact that commercial availability of the surveyed works starts to increase again after seven decades (when works start to appear in the Public Domain in some jurisdictions, and are subsequently offered by print on demand services based in these jurisdictions) also shows that the current, excessive length of copyright protection is not only unnecessary but harmful to society since it leads to reduced commercial availability of older works and thus deprives the public of access to them.

If you combine this insight with recommendation of the Public Domain Manifesto you have a strong argument for a drastic reduction of the term of protection.

Migrants erecting fences to keep out migrants

12 Mar 2011 | 411 words | border egypt israel migration

The border between Israel and Egypt certainly counts as one of the most dangerous borders for migrants. So far the main danger for african migrants trying to enter Israel from Egypt has been the Egyptian military, which seems to be exceptionally trigger happy when faced with migrants attempting to cross the border. Photo by Ahikam Seri Seems that the Israeli government is not satisfied with the services rendered by the Egyptian Army (or they expect that a post-Mubarak military has better things to do than shoot unarmed migrants who are attempting to leave the Egyptian territory) and has started to construct a border fence designed to keep out migrants attempting to enter via Egypt.

While building border fences is not that unusual these days, it is somewhat surprising to read (in an article published by Haaretz) that the Israeli government is employing migrants who have made it across that particular border in order to build the border fence:

The government is employing Eritrean asylum seekers to help build a border fence designed to keep out other migrants seeking to enter the country from Africa via the Sinai Peninsula.

A man who gave his name as August […] had arrived in Israel five months ago. According to August, the hardest part of the journey was trekking through the African desert. Now, once the border fence along the Egyptian frontier is completed, migrants will find it even more difficult to enter the country.

August laughed when asked if he felt guilty that he was helping put up a structure designed to keep fellow Eritreans out of the country. “I have a family that remained in Eritrea,” he said. “While they would love to come here, they know the journey isn’t easy.” As August tells it, he simply has no choice but to earn a living any way he can.

While the state has legally barred its citizens from employing asylum seekers from Africa, it doesn’t enforce the ban. Months ago, the Interior Ministry’s Population Registry inserted a clause in the temporary-status visas given to asylum seekers stating that under no circumstances could they be hired.

But it is in the state’s interests for asylum seekers to support themselves financially, so it has turned a blind eye to asylum seekers who break the law – until it can finish building a large holding facility that will provide the migrants with their basic needs. Only then will the state start enforcing the no-hiring law. […]

Sweet memories of lego

03 Mar 2011 | 208 words | lego memories technology

In the last couple of days kevin has been posting an amazing seriesofimages of mid 70’s lego sets, which evoke lots of memories for me (and show how ridiculously non-standard lego has become of the last 3.5 decades).

Yesterday kevin has published an ode to the magic of lego and the first set his father gave him in 1975:

lego payloader

[…] Then there were others. Not too many, but others, enough to get the gag. The gag was that it wasn’t a puzzle to solve, after all. The gag was that the puzzle was more interesting unsolved, growing in complexity over time. It’s so fucking corny to write about Legos that I can barely commit to posting this. But these things are true, that I still don’t know what a Payloader does, that even blindfolded I could still construct this vehicle with these pieces, and that discovering that anything can become anything else was a lesson that would be reinterpreted six years later, when a TRS-80 arrived at public school in the Bronx. Most everything in the interim was tv, play, or schoolwork. […]

Nothing to add here. except maybe that i have fond memories of chewing on those rubber tires and still remember how they tasted…

Money & Speed - show me the data...

Two weeks ago the 50 minute documentary ‘Money & Speed‘ by Marije Meerman aired in the tegenlicht (backlight) series of the VPRO (a dutch public broadcaster). ‘Money & Speed’ casts a light into the world of high frequency (or rather algorithmic) trading, a subject that i have been fascinated with for a while. The documentary attempts to explain the event’s behind the 6 may 2010 ‘flash crash‘ and does so by interviewing a number of experts that are more or less involved in the (aftermath of) the crash.

money & speed title screen

While ‘Money & Speed’ stops short of pointing out who (or what) was responsible for the events on may 6th 2010 (there are conflicting theories and tegenlicht’s prime source Eric Hundsader of Nanex clearly has been advised not to mention on camera whoever he thinks caused the events) it is quite a remarkable documentary that gives an fascinating insight into a world that is most likely completely unknown to more the 95% of the television audience.

I also really like how Meerman has woven George Dyson and his theories about differences in time perception between humans and computers into the narrative of the documentary. That guy certainly makes more sense than Kevin Kelly.

What makes ‘Money & Speed’ even more interesting is that next to the broadcast version the VPRO (together with catalogtree) has released an iPad version of the documentary in the form of a free iPad app1 that contains the entire film in high quality as well as a number of supporting assets such as infographics, short bio’s and a glossary of terms used in in the documentary.

At the first glance (and certainly for a first attempt) the app version of ‘Money & Speed’ seems to be crafted really well. The app is really responsive which makes pulling up extra information while watching a pleasure. You simply click on one of the thumbnails in the top right corner and the video stops instantly and resumes instantly after you are finished reading the text-box.

money & speed

The absence of noticeable delay makes this process work very well (it does not feel as an interruption of the flow at all even though the video itself stops). In the case of a couple of the bigger infographics there is an annoying delay before the infographics appear, but the transition back to the video is almost instantaneous.

Unfortunately those big info graphics (tick for tick visualizations of three different stocks, a visualization of the fall of the dow jones index, a map showing possible locations for financial data processing centers in the vicinity of New York City, and a delayed real-time stock market data map) are not really connected to the storyline of the documentary.

These are clearly the most labor intensive parts of the ipad app, but they do not add to the understanding of the events described: The delayed real-time stock market data map is a complete waste of resources (although it has a vey nice darkish background noise that i am listening to right now) and the map of the data centers, while visually striking does not even show the locations of the data-centers that are depicted in the documentary. The tick for tick visualizations (visible on the ipad in the screenshot above) while impressive simply fail to convey much information (Alpher suggests that this is because ‘the information density is low’).

Given these shortcomings one might come to the conclusion that adding extra visualizations to a documentary like Money & Speed provides little extra value to the viewer. I am pretty sure that this is the wrong conclusion and that the real problem at hand is that the creators of ‘Money & Speed’ have simply selected the wrong data to visualize2:

money & speed

Towards the end of ‘Money & Speed’ Meerman juxtaposes two different views on what happened on the the 6th of May. That of the official SEC & CFTC report and that of independent data analysis done a by the Chicago based financial data services firm Nanex. Both identify different triggers for the flash crash and their disagreement seems to come from the granularity of time applied to their analysis. While the SEC & CFTC report works with seconds Nanex claims to be able to identify events on the nanosecond level that are averaged out (an thus invisible in the SEC & CFTC report) when looking at the events with less granularity. During this part of the movie Eric Hundsader is shown pointing at this data on one of his computer screens and if you ask me it is this crucial data-set that should have been included in the iPad app instead of the tick for tick visualizations:

money & speed

Still the ‘Money & Speed’ iPad app (the VPRO calls this format a ‘touchdoc’) shows a lot of promise. i can imagine that once the technology for integrating linear video content with additional assets like data visualizations becomes more common, attention will shift towards editorial concepts that better integrates the extra assets with the main narration. In an ideal case scenario that would mean that the underlying research assets of the creators are available to consumers both as extra information but also in order to independently verify claims made by the documentary makers. Given this ‘Money & Speed’ tastes like one possible future of investigative documentary film making.


  1. At the time of writing the app is only available in dutch and only in the dutch app store. the VPRO is working on an english language version that will be available in other app-stores for a fee. It is free in the Netherlands because for regulatory reasons the VPRO cannot charge the public for content it has produced with public broadcasting money. This is not the case outside of the Netherlands and it will be very interesting to see how much income ‘Money & Speed’ will generate outside of the Netherlands. I could very well imagine that a documentary-app (is that an existing category?) of this quality could easily generate income that exceeds the production costs (of the app, not the entire project). ↩︎

  2. Of course this might not have been entirely voluntary. It is possible that this is the only data that they were authorized to include or that they had to make choices which data to visualize really early in the project and as a result could not react anymore once the more interesting datasets appeared. ↩︎

The revolution was televised (and projected from a plastic chair)

12 Feb 2011 | 186 words | egypt photos revolution technology

As one could have expected the big picture has some impressive pictures from the events in egypt on thursday and friday. my favorite picture (love the chair) is this one showing a crowd watching Mubarak’s thursday night television address:

Also really like the mosaic tile facade of the building of state television (especially in combination with the Munthadar Al-Zahdi references) in this shot:

They also have a photo that perfectly illustrates those silly twitter/facebook revolution claims. if this picture says anything in this regard it is that the revolution was largely dependent on mobile phone chargers:

this revolution is powered by mobile phone chargers

and finally this picture clearly gives a pretty good illustration of why the army had no real choice but to side with the people (or at least not against them). which is even more true since all those people are the army’s customers.

nevertheless it should be remembered that Mubarak was an Army (or rather Air Force) man himself before he became president. In this light it might not be the best idea to lay all your eggs into the army’s basket.

Can someone please throw that PVV dude out of the overland bus?

10 Feb 2011 | 397 words | politics netherlands xenophobia

So apparently this idiot has fielded the idea that hijab-wearing women should be banned from using overland public transport and that the police should be tasked with removing women who wear the hijab from public transport (you can see the exchange on national public television here).

Now obviously this is a completely idiotic idea (which goes further in discriminating specific population groups that the treatment of blacks in apartheid south africa Ot the treatment of african-americans in the US before 1968) which is obviously in line with the fundamental principles of post-war Europe, but it is still kind of scary. It is people like Louis Bontes on whom the current dutch government is dependent for it’s majority. That is a sad state of affairs that probably says just about as much about the moral-integrity of PM Rutte and his cabinet as it says about the delusional ideas of the PVV.

What is striking about this latest proposal is that it does not even make sense by the PVV’s own rationale: Their last high profile intervention regarding the hijab, the idea to introduce a tax for women wearing the Hijab in public, still made some degree of sense (if you buy into their idea that the only reason why women wear the hijab in public is because they are forced by their husbands/fathers to do so to signal their ‘inferiority’). Of course that is utter nonsense, but in this scenario you could possibly argue that slapping a tax on this behavior would hurt the family income and as a consequence might make the men reconsider their behavior. Reasoning along these lines enables the PVV to package their xenophobic ideas and proposals as proposals aimed at promoting equality and freedom.

Now banning hijab-wearing women from public transport does not ‘promote equality’ no matter how you look at it. It would simply deprive Hijab wearing women from using public transport. This is clearly something that increases inequality and constitutes discrimination plain and simple. There are laws against that (for good reasons) and it is a shame that the current government does not realize (they probably do, but apparently they do not have the courage to take the consequences) that by playing their stupid ‘we have agreed to disagree’ game they are undermining the basic principle that all human beings are equal and should be treated as such by their governments.

meanwhile... is the personal weblog of Paul Keller. I am currently policy director at Open Future and President of the COMMUNIA Association for the Public Domain. This weblog is largely inactive but contains an archive of posts (mixing both work and personal) going back to 2005.

I also maintain a collection of cards from African mediums (which is the reason for the domain name), a collection of photos on flickr and a website collecting my professional writings and appearances.

Other things that i have made online: