intellectual property issues in dreams

Had an active night of dreams last night, but my favourite point was in some sort of workshop, where we had clearly put slides on the web and someone said that we had had a ‘cease and desist’ request concerning one of the slides.   They showed me the web page with the comment below.  Unfortunately, I never seem to be able to read text on the web so first two words of the comment are interpolated, but the last part is verbatim:

1 Comment »
.      . Prior art  O  : – )

If the person who left the comment on the blog in my dreams is out there — good on you!

Deadly curse of health and safety culture

Yesterday’s Times front page story “death by red tape” described the sheriff’s report on a woman who had fallen down a 45 foot (less than 15 metre) mine shaft in Ayreshire, and died after 6 hours while emergency services argued on the surface about health and safety issues. I was reminded of a similar case a while ago when an ambulance crew had to wait for police backup while again a patient died.

Neither report mentioned the Fire Chief who was charged with manslaughter after the warehouse blaze in the south of England a few years ago. In this case he did allow teams into the building, allowing them to do their job. In this case it was the fire crew who died and their manager held responsible.

With those responsible in these situations having to be constantly aware that they may face criminal
prosecution if they make the wrong decision, no wonder they delay.

Those on the front line in these circumstances have to make difficult decisions. While these decisions certainly should be reviewed analysed and used to improve training and advice, we need to end the blame culture and accept that these decisions will occasionally turn out in the light of time to have been wrong.

Our belief we can create a risk free world is hubris, and while we maintain this myth, those who are faced with the real decisions have their already difficult job made harder, and incidents like the preventable death of this woman in Scotland will continue.

After the Tech Wave is over

The Second Tiree Tech Wave is over.   Yesterday the last participants left by ferry and plane and after a final few hours tidying, the Rural Centre, which the day before had been a tangle of wire and felt, books and papers, cups and biscuit packets, is now as it had been before.  And as I left, the last boxes under my arm, it was strangely silent with only the memory of voices and laughter in my mind.

So is it as if it had never been?  I there anything left behind?  There are a few sheets of Magic Whiteboard on the walls, that I left so that those visiting the Rural Centre in the coming weeks can see something of what we were doing, and there are used teabags and fish-and-chip boxes in the bin, but few traces.

We trod lightly, like the agriculture of the island, where Corncrake and orchid live alongside sheep and cattle.

Some may have heard me talk about the way design is like a Spaghetti Western. In the beginning of the film Clint Eastwood walks into the town, and at the end walks away.  He does not stay, happily ever after, with a girl on his arm, but leaves almost as if nothing had ever happened.

But while he, like the designer, ultimately leaves, things are not the same.  The Carson brothers who had the town in fear for years lie dead in their ranch at the edge of town, the sharp tang of gunfire still in the air and the buzz of flies slowly growing over the elsewise silent bodies.  The crooked major, who had been in the pocket of the Carson brothers, is strapped over a mule heading across the desert towards Mexico, and not a few wooden rails and water buts need to be repaired.  The job of the designer is not to stay, but to leave, but leave change: intervention more than invention.

But the deepest changes are not those visible in the bullet-pocked saloon door, but in the people.  The drunk who used to sit all day at the bar, has discovered that he is not just a drunk, but he is a man, and the barmaid, who used to stand behind the bar has discovered that she is not just a barmaid, but she is a woman.

This is true of the artefacts we create and leave behind as designers, but much more so of the events, which come and go through our lives.  It is not so much the material traces they leave in the environment, but the changes in ourselves.

I know that, as the plane and ferry left with those last participants, a little of myself left with them, and I know many, probably all, felt a little of themselves left behind on Tiree.  This is partly abut the island itself; indeed I know one participant was already planning a family holiday here and another was looking at Tiree houses for sale on RightMove!  But it was also the intensity of five, sometimes relaxed, sometimes frenetic, days together.

So what did we do?

There was no programme of twenty minute talks, no keynotes or demo, indeed no plan nor schedule at all, unusual in our diary-obsessed, deadline-driven world.

Well, we talked.  Not at a podium with microphone and Powerpoint slides, but while sitting around tables, while walking on the beach, and while standing looking up at Tilly, the community wind turbine, the deep sound of her swinging blades resonating in our bones.  And we continued to talk as the sun fell and the overwhelmingly many stars came out , we talked while eating, while drinking and while playing (not so expertly) darts.

We met people from the island those who came to the open evening on Saturday, or popped in during the days, and some at the Harvest Service on Sunday.  We met Mark who told us about the future plans for Tiree Broadband, Jane at PaperWorks who made everything happen, Fiona and others at the Lodge who provided our meals, and many more. Indeed, many thanks to all those on the island who in various ways helped or made those at TTW feel welcome.

We also wrote.  We wrote on sheets of paper, notes and diagrams, and filled in TAPT forms for Clare who was attempting unpack our experiences of peace and calmness in the hope of designing computer systems that aid rather than assault our solitude.  Three large Magic Whiteboard sheets were entitled “I make because …”, “I make with …”, “I make …” and were filled with comments.  And, in these days of measurable objectives, I know that at least a grant proposal, book chapter and paper were written during the long weekend; and the comments on the whiteboards and experiences of the event will be used to create a methodological reflection of the role of making in research which we’ll put into Interfaces and the TTW web site.

We moved.  Walking, throwing darts, washing dishes, and I think all heavily gesturing with our hands while taking.  And became more aware of those movements during Layda’s warm-up improvisation exercises when we mirrored one another’s movements, before using our bodies in RePlay to investigate issues of creativity and act out the internal architecture of Magnus’ planned digital literature system.

We directly encountered the chill of wind and warmth of sunshine, the cattle and sheep, often on the roads as well as in the fields.  We saw on maps the pattern of settlement on the island and on display boards the wools from different breeds on the island. Some of us went to the local historical centre, An Iodhlann [[ http://www.aniodhlann.org.uk/ ]], to see artefacts, documents and displays of the island in times past, from breadbasket of the west of Scotland to wartime airbase.

We slept.  I in my own bed, some in the Lodge, some in the B&B round the corner, Matjaz and Klem in a camper van and Magnus – brave heart – in a tent amongst the sand dunes.  Occasionally some took a break and dozed in the chairs at the Rural Centre or even nodded off over a good dinner (was that me?).

We showed things we had brought with us, including Magnus’ tangle of wires and circuit boards that almost worked, myself a small pack of FireFly units (enough to play with I hope in a future Tech Wave), Layda’s various pieces she had made in previous tech-arts workshops, Steve’s musical instrument combining Android phone and cardboard foil tube, and Alessio’s impressively modified table lamp.

And we made.  We do after all describe this as a making event!  Helen and Claire explored the limits of ZigBee wireless signals.  Several people contributed to an audio experience using proximity sensors and Arduino boards, and Steve’s CogWork Chip: Lego and electronics, maybe the world’s first mechanical random-signal generator.  Descriptions of many of these and other aspects of the event will appear in due course on the TTW site and participants’ blogs.


But it was a remark that Graham made as he was waiting in the ferry queue that is most telling.  It was not the doing that was central, the making, even the talking, but the fact that he didn’t have to do anything at all.  It was the lack of a plan that made space to fill with doing, or not to do so.

Is that the heart?  We need time and space for non-doing, or maybe even un-doing, unwinding tangles of self as well as wire.

There will be another Tiree Tech Wave in March/April, do come to share in some more not doing then.

Who was there:

  • Alessio Malizia – across the seas from Madrid, blurring the boundaries between information, light and space
  • Helen  Pritchard – artist, student of innovation and interested in cows
  • Claire  Andrews – roller girl and researching the design of assistive products
  • Clare  Hooper – investigating creativity, innovation and a sprinkling of SemWeb
  • Magnus  Lawrie – artist, tent-dweller and researcher of digital humanities
  • Steve Gill – designer, daredevil and (when he can get me to make time) co-authoring book on physicality TouchIT
  • Graham Dean – ex-computer science lecturer, ex-businessman, and current student and auto-ethnographer of maker-culture
  • Steve Foreshaw – builder, artist, magician and explorer of alien artefacts
  • Matjaz Kljun – researcher of personal information and olive oil maker
  • Layda Gongora – artist, curator, studying improvisation, meditation and wild hair
  • Alan Dix – me

The Great Apple Apartheid

In days gone by boarding houses and shops had notices saying “Irish and Blacks not welcome“.  These days are happily long past, but today Apple effectively says “poor and rural users not welcome“.

This is a story about Apple and the way its delivery policies exacerbate the digital divide and make the poor poorer.  To be fair, similar stories can be told about other software vendors, and it is hardly news that success in business is often at the expense of the weak and vulnerable.  However, Apple’s decision to deliver Lion predominantly via App store is an iconic example of a growing problem.

I had been using Lion for a little over a week, not downloaded from App Store, but pre-installed on a brand new MacBook Air.  However, whenever I plugged in my iPhone and tried to sync a message appeared saying the iTunes library was created with a newer version of iTunes and so iTunes needed to be updated.  Each time I tried to initiate the update as requested, it started  a long slow download dialogue, but some time later told me that the update had failed.

This at first seemed all a little odd on a brand new machine, but I think the reason is as follows:

  1. When I first initialised the new Air I chose to have it sync data with a Time Machine backup from my previous machine.
  2. The iTunes on the old machine was totally up-to-date due to regular updates.
  3. Apple dealers do not bother to update machines before they are delivered.
  4. The hotel WiFi connection did not have sufficient throughput for a successful update.

From an engineering point of view, the fragility of the iTunes library format is worrying; many will recall the way HyperCard was able to transfer stacks back and forth between versions without loss.  Anyway the paucity of engineering in recent software is a different story!

It is the fact that the hotel WiFi was in sufficient for the update that concerns me here.  It was fast enough to browse the web, without apparent delay, to check email etc.  Part of the problem was that the hotel did offer two levels of service, one (more expensive!) aimed more at heavy multimedia use, so maybe that would have been sufficient.  The essential update for the brand new machine consisted of 1.46 gigabytes of data, so perhaps not surprising the poor connection faltered.

I have been concerned for several years at the ever increasing size of regular software updates, which have increased from 100 Mbytes to now often several Gbytes1.  Usually these happen in the background and I have reasonable broadband at home, so they don’t cause me any problems personally, but I wonder about those with less good broadband, or those whose telephone exchanges do not support broadband at all.  In the UK, this is mainly those outside major urban areas, who are out of reach of cable and fibre super-broadband and reliant on old BT copper lines.  Thinking more broadly across the world, how many in less developed countries or regions will be able to regularly update software?

Of course old versions may well run better on old computers, but without updates it is not just that users cannot benefit from new features, but more critically they are missing essential security updates leaving the vulnerable to attack.

And this is not just a problem for those directly affected, but for us all, as it creates a fertile ground for bot armies to launch denial of service attacks and other forms of cybercrime or cyberterrorism.   Each compromised machine is a future cyberwarrior or cybergangster.

However, the decision of Apple to launch Lion predominantly via App Store has significantly upped the stakes.   Those with slower broadband connections may be able to manage updates, but the full operating system is an order of magnitude larger.  Of course those with slower connections tend to be the poorer, more vulnerable, more marginalised; those without jobs, in rural areas, the elderly.  It is as if Apple has put up a big notice:

To the poor and weak
we don’t want you

To be fair, Lion is (one feels grudgingly) also made available on USB drives, but at more than twice the price of the direct download2.  So this is not entirely shutting the door on the poor, but only letting them in if they pay extra.  A tax on poverty.

Of course, this is not a deliberate act of aggression against the weak, just the normal course of business.  The cheapest and easiest way to deliver software, and one that incidentally ensures that all revenue goes to Apple, is through direct online sales.  The USB option adds complexity and cost to the distribution systems and Apple seem to be pricing to discourage use.  This, like so many other ways in which the poor pay more, is just an ‘accident’ of the market economy.

But for a company that prides itself in design, surely things could be done more creatively?

One way would be to split software into two parts.  One small part would be the ‘key’, essential to run it, but very small,  The second part would constitute the bulk of the software, but be unusable without the ‘key’.   The ‘key’ would then be sold solely on the App store, but would be small enough for anyone to download.  The rest would be also made available online, but for free download and with a licence that allows third party distribution (and of course be suitably signed/encrypted to prevent tampering).  Institutions or cybercafes could download it to local networks, entrepreneurs could sell copies on DVD or USB, but competition would mean this would be likely to end up far cheaper than Apple’s USB premium, close to the cost of the medium, with a small margin.

Of course the same method could be used for any software, not just Lion, and indeed even for software updates.

I’m sure Apple could think of alternative, maybe better, solutions.  The problem is just that Apple’s designers, despite inordinate consideration for the appearance and appeal of their products, have simply not thought beyond the kind of users they meet in the malls of Cupertino.

  1. Note, this is not an inevitable consequence of increasing complexity and (itself lamentable) code bloat.  In the past software updates were often delivered as ‘deltas’, the changes between old and new.  It seems that now an ‘update’ is in fact complete copies of entire major components.[back]
  2. At the tiem of wrting tjis Mac OSX LIon is available for  app store for $29.99, but USB thumb drive version is $69.99[back]

trouble in the City – wise as serpents

It is wonderful to see the conflict over the St Paul’s protest camp resolved at last, but I am left with the sad image of many in the City gloating over this dispute.

I usually find that incompetence and coincidence are better explanations than intrigue and conspiracy, but one wonders here whether there has not been some careful PR management in the background.  Certainly, the effect of the last weeks has been to divert the attention of media and public away from the real issues of the protest: the contrast between growing poverty in the country and increasing wealth in the finance industry, so that even the news of obscene corporate pay rises during the period was sidelined.

Perhaps more significant in the long term has been the weakening of the position of St Paul’s staff who have often been a gentle but persistent critic of the City, long before the protesters camped and will continue to be long after the camp is dissolved and they return to their normal lives or the next cause.

Jesus said “be as wise as serpents, yet harmless as the dove“, but it seems this time the real serpents have won on wisdom.  I just hope that during the coming months the spotlight can shift to where it belongs, and public and press focus on the increasing injustice and disparity not just in the City of London, but across the country and world.

roots – how do we see ourselves spatially

I was just reading the chapter on Benedict Anderson in “Key Thinkers on Space and Place1.  Anderson forged the concept of a national imagination, the way nations are as much, or more, a construct of socio-cultural imaginings than physical topography or legal/political sovereignty.

However, this made me wonder whether this conception itself was very culturally specific, to what extent do people relate to nation as opposed to other areas.

I was reminded particularly of a conversation with, the much missed, Pierro Mussio. He explained to me the distinct nature of Italian cultural identity, which tends to focus on regional and local identity before national identity, partly because Italy itself is quite young as a nation state (a mere 150 years in a country which sees itself in terms of millennia). There is even a word “campanilismo”, which is literally relating to the “bell tower” (campanile) in a town, meaning one’s primary loyalties lie to that bell tower, that town, that community.

How do you see yourself?  Are you British or Geordie, French or Parisian, American or New Yorker?

I know I see myself as ‘Welsh’.  Wales is part of Britain, but my Britishness is secondary to Welshness.  I was born and brought up in Bangor Street, Roath Park, Cardiff, but again while the street, area and city are foci of nostalgia, it is the Welshness which seems central.  For Fiona she is Cumbrian (rather than Wetheral, English or British), Steve who is visiting is British, but says his brother would say Scottish, despite both having spent equal amounts of time in Scotland whilst growing up and since.

I asked people on Twitter and got a variety of answers2, most quite broad:

“I always think English rather than British but I don’t have a more specific area to identify with.”

“I think I primarily think of myself as both “Brit” & “northerner”. Lancastrian when differentiating myself from Yorkshire lot!”

“in decreasing granularity I’m a Devoner (south, of course!), west country-er, English, British, European, World-ean.”

Some less clear:

“I’m confused specially. I am Coloradan and American by birth, but feel more at home in England, and miss Scotland.”

“ooh, complicated. I’m British but not English. that’s as specific as I get.”

The last perhaps particularly interesting in its focus on what he is not!

Obviously the way we see ourselves varies.

The choice of a ‘level of granularity’ for location reminds me a little of the way in which we have some sort of typical level in a classification hierarchy (I think Lakoff writes about this); for example you can say “look at that bird”, but not “look at that mammal”, you have to say “look at that dog” or “look at that cat”.  This also varies culturally including subcultures such as dog breeders – saying “look at that dog” in Crufts would hardy sound natural.

Some cities have specific words to refer to their natives: Glaswegian, Geordie, Londoner; others do not – I was brought up in Cardiff, but Cardiffian sounds odd.  Does the presence of a word (Cumbrian, Welsh) make you more likely to see yourselves in those terms, or is it more that it is that, where cities have forged a strong sense of belonging, words naturally emerge … I sense a Sapir-Whorf moment!

Now-a-days this is even more contested as loyalties and identities can be part of networked communities that cut across national and topographical boundaries.  In some way these new patterns of connection reinforce those focusing on human relations rather than physical space as defining countries and communities, but of course in far newer ways.

However, it also made me think of those parts of the world where there are large numbers of people with problematic statehood.  There is how we see ourselves and how states see us.  We tend to define democracy in terms of citizenship, and laud attempts, such as the Arab Spring, that give power to the people … but where ‘people’ means citizens.  In Bahrain the Shite majority are citizens and therefore their views should be considered in terms of democracy, whereas the migrant workers in Libya fleeing the rebels in the early days of the recent Libyan war, or the Palestinians in Kuwait during the first Gulf War were not citizens and therefore marginalised.

Defining citizenship then becomes one of the most powerful methods of control.  This has been used to powerful effect in Estonia leaving some who had lived the country for fifty years effectively stateless, and, while not leaving people stateless, in the UK new rules for electoral registration could leave up to 10 million, principally the young and the poor, voteless.

In the days of the nation state those with loyalties not tied to geography have always been problematic: Gypsies, Jews before the establishment of Israel, the various Saharan nomad trades.  Many of these have been persecuted and continue to suffer across the world, and yet paradoxically in a networked world it seems possible that pan-national identity may one day become the norm.

  1. I’ve got 1st edition, but 2nd edition recently come out.[back]
  2. Many thanks for those who Tweeted responses.[back]