Law in the Internet Society

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CrystalMaoFirstPaper 5 - 01 Nov 2011 - Main.CrystalMao
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Potential Topic: Freemium Open Access

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(this is ready for edits/comments, but also excessively wordy . . so I will be cutting it down. perhaps you can all be ruthless in helping me do that. but first i must sleep.)
 
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[1] Intro: One of the fundamental rationales underlying the need for open access of zero-marginal cost goods is that it's in the interest of justice
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Bazaar Expanding : Encouraging Developer Communities in the Developing World

 
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[2] Question: But does justice demand that the experience of accessing the information be equal? Does open access = equal access?
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-- CrystalMao - 1 Nov 2011
 
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[3a] Illustrative Examples:
  • Reading Shakespeare for free as a text file online, v. buying a leather bound edition for $30
  • Boston.com (Trashy) v. Typographer's-dream (Bostonglobe.com): SAME content, vastly different experiences.
  • MIT OCW v. attending MIT
  • Downloading the source code and self-installing v. Paying a consultant to install and configure

[3b] NOT freemium:

  • NYT paywall, 30-day software trials, etc.
  • Difference here is that the "premium" versions of these services offer content and/or access that is not available to non-paying users. In my contemplated system, the access to the fundamental content should be the same.

[4] Proposal: Perhaps a good way to make core information available to everyone, yet preserve free-market esque revenue streams that can

  1. fund the costs and incentivize the efforts of further development,
  2. incentivize people/users towards upward mobility
  3. add more thoughts here,
is to encourage a tiered system that requires people to give away the core information for free, but allows them to charge for the bells & whistles

[5] Problems

  • Is this a sustainable model for key industries - music, movies, where 90% of the value is just the file itself? (Former Rep. Bob Ingles said in a talk I went to last week - "Sustainability means profit")
    • Is it possible to maintain systems where the "premium" version doesn't = premium access to content? At which point do services become or = content?
    • How would this work for software, particularly expensive software like Adobe?
  • Does this address the justice problem? Just because people have access to information doesn't mean that it's in a form that facilitates them to use it.
  • What is the ideal equilibrium-society that I am trying to promote? (think about this)
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-- By CrystalMao - 14 Oct 2011
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While the interconnectivity of our digital economy provides many positive opportunities for the sharing of global expertise, it is also important to recognize and incorporate the role of local, community driven efforts in ushering technological change. This is particularly true as socially conscious developers increasingly tap open source to address developing world needs from afar. Open source (hereafter FLOSS) solutions targeted to developing economies have long been embraced, but many ultimately suffer from lack of a dedicated community of local developers who can support the code long term. See Nah Soo Hoe, Breaking Barriers: The Potential of Free and Open Source Software for Sustainable Human Development, UNDP-ICT4D (2006) (noting the difficulty of building local FLOSS communities as a common theme across projects); See generally FLOSS Survey and Study (2002) §2.7 (finding that nearly 90% of FLOSS developers hail from a handful of western countries / India). This paper begins by summarizing the importance for project founders to originate from or otherwise establish a local base of developer support. It then explores the unique challenges confronting open source developers in emerging economies, and concludes with ways to incentivize developing world production of FLOSS despite these challenges.
 
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In assessing my examples, perhaps I need to distinguish between a "premium" version that has been transformed into a MC / 0 product (e.g., an MIT education, a physical book) , vs. premium versions that are still MC = 0 (Bostonglobe.com with improved layout and no ads). Does this distinction matter? Is it unethical to restrict access for premium versions that are MC=0, even if the underlying content is available for free?
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I. The Importance of Local Talent

 
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--By CrystalMao - 18 Oct 2011
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Development for the people, by the people means better functionality for the end-user. Software that originates in first-world countries often reflects first-world needs and biases that are not well-suited for users in the developing world. Over a year into international deployments of Sana Mobile, my friend and co-developer wrote, after teaching a training workshop in India:
 
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It seems the biggest problem we will face in this pilot is language. Some of the health workers in Raichur may not be literate at all in either Kannada, the local script, or English. This is a big problem if we are trying to get them to fill out forms on our phones.
 
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It was an obvious problem with a simple solution, but throughout months of frenzied development of fancier and more exciting features from Cambridge, we had completely overlooked something that a local developer spotted in less than an hour.
 
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Development for the people, by the people also improves sustainability. A locally tended code is more likely to survive everything from sudden server crashes to evolving features needs because developers who are close (and in the same time zone) to the community are more responsive to things like maintenance, upkeep, user error and need. Would you rather hire the plumber next door, or one you have to call on Skype to show you how to fix the toilet remotely? Local developers can charge for these services, and projects will still realize financial savings: hiring local developers for support requires lower costs of labor, which decreases total cost of ownership.
 
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
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There are certainly other positives to explore, such as resulting skills development and an improved sense of community ownership (“every good work of software starts by scratching a developer’s personal itch”) over technology-based solutions, which can reduce brain drain and wariness towards westerners coming in with gadgets and gizmos . . . but I’m already getting too wordy so let’s leave those rocks prodded but unturned.
 
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Section I

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II. Unique challenges

 
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Subsection A

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Most projects embrace the importance of attracting local developers on paper, but fall through when implementation becomes difficult: relationships with local partners sour, language barriers abound, it’s just easier to code the thing yourself. Successful mobilization of developing world computer scientists towards FLOSS development requires readjusting the our typical understanding of how and why FLOSS communities organize. Eric Raymond has described such communities as gift cultures, within which the “joy of hacking” represents a self-actualization or transcendence that does not kick in until lower level Maslow needs are minimally satisfied:
 
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Gift cultures are adaptations not to scarcity but to abundance. They arise in populations that do not have significant material-scarcity problems with survival goods. . . . It is quite clear that the society of open-source hackers is in fact a gift culture. Within it, there is no serious shortage of the ‘survival necessities’ – disk space, network bandwidth, computing power.
 
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Subsub 1

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These abundances are often not enjoyed by computer scientists in the developing world, where shortages in survival goods are common and access to ICT resources and hands on programming skills, even amongst well-educated CS students and professionals, are scarce. See IDI Development Index (2009) (detailing the lack of access to reliable ICT systems in the developing world, particularly amongst African nations).
 
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Subsection B

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While the long-run solution undoubtedly hinges on macro factors like economic growth, political stability, and investment in quality education, convincing existing developing world developers to “go FLOSS” requires concerted effort from both domestic and international communities to turn perceived barriers (financial, educational, ICT resource) into incentives for open source development.
 
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A. Finance

 
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Subsub 1

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A comprehensive study of (largely developed world) FLOSS contributors confirmed that open source junkies are, for the most part, not in it for the money, with 70% contributing <10 hours per week and over 65% maintaining full-time employee status at day jobs. Nonetheless, over 50% of contributors received some income from their FLOSS work, and open source companies have the potential to be profitable and sustainable. A “part-time” approach is not feasible in developing economies where many programmers do not have access to computers or the internet outside of school/employment (conditions obviously vary, but over half my class of senior CS students from Rwanda’s leading technical university did not have computer access at home). Working within such environments, project founders should structure financial incentives to at least a core group of local contributors who can then personally recruit and manage the needs of additional local volunteers as needed. Boot-strapped projects may find that their cash goes further in the developing world, and can seek additional funding from programs like Google Summer of Code, project competitions/fellowships, and Kickstarter to support local developers (GSOC summer funding amounts to over 300% of median annual salary in many developing countries, in just 3 months). Depending on the target user, local contributors can experiment with selling their code and services –ultimately, projects need to aggressively iterate and launch with local customers, and this can also be a good way to expand distribution.
 
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B. Education

 
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Subsub 2

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Encouraging student developers from local universities is a powerful way to promote FLOSS development in emerging economies. The average CS education in the developing world tends to be heavy on theory, light on practical experience (prior to our class in Rwanda, many of our CS students had never committed a single line of code!). By making an effort to engage and train students, FLOSS projects transform education from a barrier into an incentive. Contributing to open-source initiatives is rewarding hands-on programming education for beginners, and engages advanced students who out-grow the expertise offered by their local institutions. Pieces of FLOSS projects are also effectively pitched as practical-minded masters or Ph.D. theses that ultimately generate more value and community engagement than the average leather-bound volume of graduate student babble. Projects looking to partner with universities may find it helpful to have an academic on their own team to serve as a credible liaison. To enhance the mutual value of working with student contributors, existing FLOSS projects can assign less-experienced contributors community mentors, promote formal and informal training (webinars, forums, and an active developer mailing list are crucial), develop standards for documentation/testing/committing, and be cognizant that pieces of the overall project are split into manageable pieces for various skill levels. In-country trainings / meet-ups should be focused on both developer and user education. Students in the developing world (perhaps all over the world) seem to be especially fond of obtaining certifications, so any opportunities to create a recognition system in lockstep with skills gained or milestones met should be leveraged.
 
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C. Community

 
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To address the lack of ICT/network resources that developers may face, projects, communities, and donors should consider supporting the creation of open technology “hubs” where local technologists can gather to use shared computers, internet access, and collaborate with like minds. Beyond providing tangible tech-enabling resources, countries whose citizens have not converted to living on the internet as the norm can use such centers to foster hacker culture in a physical space, and promote innovation from within the community.
 
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Section II

 
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Subsection A

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III. Final thoughts

 
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Subsection B

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Time, space, and personal experience have limited my discussion in this paper to FLOSS communities in the developing world, but there is ample evidence to suggest that similar principles and benefits apply to the generation of information tools more generally (books, directories, academic research, etc.) Truly democratized innovation requires input from all of its users. The culture of the digital economy should not omit creative participation by those with the most to gain from its success.
 


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 However, the 'accompanying services' model has worked well for many free software companies, eg, RedHat? , Ubuntu, etc. The concept of "accompanying services" can also be extended, as Austin suggests, to include customizations - charging customers for special customizations of material. However, while this applies to software, it is difficult to see how it would apply to books and music.

-- DevinMcDougall - 19 Oct 2011 \ No newline at end of file

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Austin + Devin, thanks for your thoughtful comments. As you can see I've decided to scrap my initial idea to write about something nearer-and-dearer to my heart and work (Devin, you're right that I'm not really a fan of normative thinking and much prefer empiricism / case study type analysis).

But! I stand behind my original idea . . defining core vs. non-core could come down to a distinction between the information itself vs. things that enhance or detracts from use / enjoyment of that information. Content-holders can generate positive non-core (for software: service contracts, custom code development, for media: enhanced layouts, better HD/bitrates quality for movies/music) or negative non-core (ads) complements to try and extract some kind of revenue stream. Core vs. non-core can also change depending on the type of good, the degree of segmentation preferred, and current market climate. In general I think that segmentation is a good compromise: an ebook on .txt versus one that has been beautifully laid out, with thought to typeface and perfect kerning do have different market values (to typography lovers, at least). As long as the essential ideas are available without restriction, people should be able to profit off of providing enhanced enjoyment. But yeah, there would need to be a good business case (increased user base?) for rights-holders to release basic content in the first place. . . the NYT / Hulu have headed other way, so perhaps that is not a good sign.

-- CrystalMao - 1 Nov 2011

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Revision 5r5 - 01 Nov 2011 - 07:51:13 - CrystalMao
Revision 4r4 - 19 Oct 2011 - 17:22:13 - DevinMcDougall
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