Author: Deven Desai

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Does Apple Reject That Education Has To Train Skills?

Apple’s Your Verse ad campaign poses an odd and maybe cynical offer to us. Don’t pay attention to the call of law, business, or medicine. Be a poet. Be a creator. Contribute your verse. What are we on American Idol? Or as Monty Python put it maybe all we want to do is sing. Apple panders to the look at me right now world. The film is about free thinkers. Maybe that is the same as being a poet. And as Kevin J.H Dettmar argues at The Atlantic, the film is “a terrible defense of the humanities.” He points out that the film celebrates enthusiasm over any critical thought” “Keating doesn’t finally give his students anything in its place besides a kind of vague enthusiasm.”

Having gone to a prep school, I am less upset by the film than Dettmar. But then I may project my experience onto the film’s gaps. Even before prep school I went to a grade school where the boring “Latin—Agricolam, Agricola, Agricolae, Agricolarum, Agricolis, Agricolas, Agrilcolis” was part of the curriculum in eighth grade. That teacher happened to have done his own translation of Caesar’s Road to Gaul. He’d re-enact charges of legions and evoke swords. In high school we had many inspiring teachers. They kicked our butts for fake enthusiasm. Larry McMillin once asked me a question about Shaw’s Man and Superman. I came up with some ramble. He said “That’s not Shaw. That’s just Desai,” in his Southern gentlemen’s voice that somehow had scorn yet support. Support. For what? He called me out but made me see that I could do more. How?

Rigor. To the waste bin with brownie points for showing up. Be gone empty claims of it’s good, because I said it. Learn the fundamentals. Master the material. As Phillipe Nonet said to my class in college when someone started a sentence with “I think”, “That you think it, does not matter. It matters what it says.”

It turns out that free thinking is much more difficult than Keating realizes. The rigor of learning the fundamentals allows us to be liberated. Liberal arts are about freedom and how we are unmoored from habit. But knowing the foundations is how you might see where they may not operate anymore. So sure contribute your verse. But if you want it to be a good one, let alone a great one, let alone one that might allow you to eat, put in the work. Grab everything you can from college and post-graduate schools. Contrary to recent pushes from big law (note that with 30-505 margins the big firms can absorb training costs), law schools training people to think in sharp and critical ways are providing an education that connects to the law and much more. But that requires diligence, drudgery, and didactic moments. Those happen to turn into gifts of knowledge, skill, and the ability to learn on your own. At that point, your verse might be worth something.

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3D Printing, Maybe It Is Magic

More and more 3D printing seems like it’s magic. In Patents, Meet Napster: 3D Printing and the Digitization of Things Gerard and I explain that it is not quite magic yet. And our argument is that the law can perhaps make sure the technology has a chance to reach a magical stage. That said each day we wrote a new report made me wonder at how quickly the technology is moving.

Forbes reports that a jewelry company is using 3D printing and Google Earth to print $250,000 jewelry. A couple weeks ago UC Hastings put on a Symposium to Illuminate Legal Issues Posed by 3D Printing Technology. I spoke and had a great time meeting more folks interested in the technology and in seeing it thrive. Mark Lemley gave the key note and is poking at many ideas that resonate with me and my work. He spoke about how technology is changing scarcity and will affect labor. The Forbes piece captures the shift:

Shoppers can completely customize their own design and have the finished product delivered in 3 or 4 days. “We’ve had a great deal of difficulty competing with cheap labor overseas,” said Bakhash, whose father Charlie founded American Pearl in New York’s diamond district in 1950.

“Now, with the advent of our platform, we’re no longer taking off-the-shelf parts and welding. There’s no jeweler at a bench with a blowtorch. The cost and labor savings is phenomenal. And we’re empowering consumers to make jewelry in real-time.”

The process starts on AmericanPearl.com, or its sister site AmericanDiamondShop.com, where a customer is able to create a unique piece, whether a $400 pair of earrings or a necklace that goes for six figures.

The Maker movement and the new wave of customized things is fascinating and exciting. But it may be that the hand-crafted, Etsy moment will be short-lived and the automated, design and print world will take over. I think that the result will be a hybrid. Folks will use the tech to produce more and to make customized goods for less cost. Some labor will be eliminated. Some labor such as design will be valuable. But just like the shifts in copyright, we will see strange and large shifts in who makes money and how it is made. Then again not all of us can be poets and also eat. More on that in another post.

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Great Interview with Rod Serling Before Twilight Zone Aired

The video below is well worth the 21 minutes. Serling goes into sponsors as censors, consumerism, the potential for great television, and much more. He had experience with trying to engage race issues on T.V. and finding that his story was gutted. He talks about precensorship – themes writers avoid. He explains the way the system converges to make that so. There is a great story about Lassie having puppies and some crazy controversy about that being a sex show. Want associational harm? A line was cut about gas chambers from Judgment at Nuremberg because a sponsor that sold gas stoves for kitchens did not want that connection. As I recall another story was set in the British navy and so asked for tea. A sponsor sold coffee. The compromise. A tray of unspecified drinks was served.

Behold a man. Smart. Dedicated. Passionate. Turned to science fiction from drama. The reason? To avoid that place he created, The Twilight Zone.

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3D Printing Train Continues, Interview on TakePart Live tonight

I will be on TakePart Livetonight at 9 p.m. Pacific/11 Central/12 Eastern, to talk about 3D printing and all the fun it brings. I will be joined by a 3D printer entrepreneur who runs Deezmaker, a comic, and of course the hosts Jacob Soboroff and Cara Santa Maria. I was on the show last fall to talk about privacy and data hoarding. The hosts and crew are HuffPo veterans and a blast. The show is part of Pivot TV, which is available on DirectTV and Dish as well as some cable carriers. Looking forward to great night.

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Driverless Irony and Maybe Car Drone Drivers Coming Soon

Assumptions can break models and render rules incoherent. Some states such as California have required that a driverless or autonomous vehicle still have a licensed driver at the wheel in case the systems fail. A friend noted that this idea is useful in the rare case the vehicle encounters a situation it cannot handle. The idea may work today. It won’t work in the future.

What happens when the next generation is raised on driverless cars? Today we can assume that drivers have enough hours behind the wheel so that they might be able to take over if need be. But in five or ten years, what exactly will driver’s ed look like? Would we require youthful drivers, somewhat dangerous based on lack of experience, to drive more? That seems to defeat the upside to the technology. Yet if a generation of drivers never really drives, how can we expect them to take over for a sophisticated system pressed beyond its capabilities? As with pilots we might use simulators and such. Yet how many hours of that will be needed? Would it test the moments when the car cannot handle the situation? These points remind of the early days of Westlaw and Lexis. When I was in school, we were required to use analog research to start. The idea was that we may be without a terminal or access to legal databases. This problem would arise in courthouses. It was true at the time, but a few years later, the Internet and web based access negated that idea. There may still be some training on the old ways, but how much anyone needs or uses them is unclear. With cars, there will be a gap period when some will have the systems and some won’t. But at some point, I’d guess that most cars will have the system, and/or fewer people will own cars at all. Many may subscribe to services instead of owning a vehicle. Driving by hand will be a special art for the rich and old schoolers as they head to stores that sell LPs.

So what may be the supercool solution? Like Onstar, a car maker may have a group of drone operators for the outlier problems. If a car fails, a signal is sent. A video game junkie, err drone expert, takes over to handle the vehicle by remote. That person is training on cars and drone operation of them all the time. They have the expertise to take over when needed. Yes, you may cue the creepy music at this point.

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What Is Internet Use?

What is Internet use? The answer: It depends and it might matter. Pew has some ongoing work about the demographics of Internet use. The classic term is digital divide. A few things pop out here. Is Internet synonymous with the Web? With broadband? Are things shifting such that whether one is on a computer or phone matters? Think HTML 5 here and the dream of program once for a range of devices. According to Pew:

African Americans have long been less likely than whites to use the internet and to have high speed broadband access at home, and that continues to be the case. Today, African Americans trail whites by seven percentage points when it comes to overall internet use (87% of whites and 80% of blacks are internet users), and by twelve percentage points when it comes to home broadband adoption (74% of whites and 62% of blacks have some sort of broadband connection at home). At the same time, blacks and whites are on more equal footing when it comes to other types of access, especially on mobile platforms.

Pew draws a distinction between Internet and cell use. That may not be wise, although it may capture some differences. More and more folks hop onto a phone or tablet (or excuse me while I gag on the word “phablet”) to access the Internet. Cellular companies are shifting to data plans more than calling and texts. Why? Folks are using mobile devices to get on the Internet.

Of course it matters that any group is not accessing, or is not able to access, information. HTML 5 seems to be doing well, but a developer I met said that native (as in designed for a particular device) still matters for high quality interaction and offerings (such as apps for a service). Perhaps the most heartening finding was “Overall, 72% of all African Americans—and 98% of those between the ages of 18 and 29—have either a broadband connection or a smartphone.” But there is a hidden cost.

As Paul DiMaggio noted some time back TV was expensive in that one might pay it off over a few years, but it kept delivering well after that cost. The upside to cable, the Internet, and more is less centralized control. The downside is continual payment to access information. Even if one uses only a smartphone for information, the annual cost is hundreds of dollars. Throw in cable and the cost goes up.

Although some heads will explode, I must ask whether a public data system would be the sort of infrastructure that unleashes all sorts of good outcomes. Yet as I write these words, I know that the upkeep of networks, bandwidth problems, and other issues plague such a dream. Then again, the slowness of current networks and the numbers of people unable to be online suggest the market is not doing as well as it could.

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Hockney, Phones, and Is It Art?

Payphones DeYoungI was lucky enough to visit friends in the Bay Area and go to the de Young David Hockney exhibit. It is a large exhibit that starts on the bottom floor and moves up to another. In between you pass through a store for the exhibit. Beyond that I saw some other unintentional art. Three pay phones. 50 cents a call. I assume they worked. Didn’t touch. Might have been an installation of quaint technology.

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A silly game for those at AALS and the blogger event

Someone thinks they can tell what your politics are based on what you drink:

Consumer data suggests Democrats prefer clear spirits, while Republicans like their brown liquor. Democratic drinkers are more likely to sip Absolut and Grey Goose vodkas, while Republican tipplers are more likely to savor Jim Beam, Canadian Club and Crown Royal. That research comes from consumer data supplied by GFK MRI, and analyzed by Jennifer Dube of National Media Research Planning and Placement, an Alexandria-based Republican consulting firm.

I assume a political consulting firm wants to know this data so that it can target potential voters, especially those likely to vote and vote a certain way.

Then again, I wonder at the biases here. It does not look like the brand scatter relates only to price. So bourbons may be more favored in Republican areas. But San Francisco, that conservative stronghold, has a an excellent run of rum and whiskey focused bars.

Maybe the best idea is to be equal opportunity as a drinker. Start with gin, move to rum, have some wine, close with whiskey or port. Or drink cocktails. In the words of Radar O’Reilly “Uh, sir, if you’re thirsty. Compliments of Colonel Blake. Scotch. Gin. Vodka. And for your convenience all in the same bottle.”

For now, enjoy guessing what your colleague’s drink says about their politics.

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Public Domain? We ain’t got no Public Domain. We don’t need no Public Domain! I don’t have to show you any stinkin’ Public Domain!

With apologies to B. Traven and John Huston, I note that Duke’s Center for the Public Domain has a nice post about what might have been in the public domain. In my paper The Life and Death of Copyright, I go over how a few authors rallied with American interests to extend copyright term. I also show that no matter which of the main theories one looks to for IP, none supports copyright after death. None.

In other words, folks who usually disagree about all sorts of nuances in copyright, (It’s labor! It’s the personhood! It’s utilitarian!) converge on, or at least have no good support for copyright after death. Paul Heald’s work shows that the dreaded under-production myth is just that, a myth. Aram Sinnreich’s The Piracy Crusade just came out and gets into the problems with locking up work. I’ve just started it, but his run through history, sociology, and more looks to be a great addition to the literature in this space.

So it’s a new year. Old fights are with us. New ones will come. The sun also rises. Time for naked lunch.

(Note: Burroughs claimed the phrase, Naked Lunch, meant a “frozen moment when everyone sees what is on the end of every fork.” or the truth albeit ugly).

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Tech Literacy: One more of my end of year, bookmarked to share posts

A few weeks back Juliet Walters wrote an op-ed called the The Code Life. I had read the Eggers excerpt of The Circle and thought it was odd; odd because having worked at Google and been in the Valley, his portrayal was not that creepy. It was just corporate America. Office Space alone captures the be all you can as part of a team which may not value you (cue Lorde to contrast and for irony). Walters goes further. She has tried coding as a way to understand and take some control over her life. She used Code Academy to learn coding and found

Yes, programming is challenging, frustrating and often tedious. But it offers satisfactions that are not unlike those of writing. The elegant loops of logic, the attention to detail, the mission of getting the maximum amount of impact from the fewest possible lines, the feeling of making something engaging from a few wispy, abstract ideas — these challenges were familiar to me as a critic. By my third month, I had internalized a new logic, a different way of looking at information. By the time summer came around, I was learning about good web design by constructing web applications, taking them from simple prototypes to something sophisticated enough to test with users. And by the end of the course, I knew the basic structure of computer operating systems.

For me, even reading computer science papers and theory has given me a better, deeper appreciation for the tech world, how it works, and policy debates (both worthwhile and frivolous). And I was happy to read Walters re-calibrated her life:

The biggest surprise has been the recovery of the feeling that my mind is once again my own. The “always-on” agenda of mobile technology, now visible to me in the very design of the devices, could not manipulate me as easily. Where my devices were interrupting my work or my life in these ways, I’ve had an easier time filtering and controlling them.

It’s also become more obvious to me how to use social media to enrich my life, not unravel it. For one, I don’t waste time trying to “catch up” on a Twitter or Facebook feed, any more than I would waste time ringing the doorbell of every person in my neighborhood every day.

With understanding comes more reasoned responses to technology and how it fits into our life. When Walters write she sympathizes with Eggers and Franzen (another tech critic) but rejected their tribalism and embrace of “techno-illiteracy.” Her example is a call for STEM without being explicit. I hope to add some Code Academy to my learning list this year. I don’t always get to such goals, but Walters, a humanities type, like me, found a world I like too. Coding may not set us free, but it may open the door to new freedoms. Tech literacy should at least help stop the real threat of those who misuse technology by allowing us to offer other options and to call B.S. on tech utopianism, and thus counter the downside of technology more than we suspect.