Denise Howell, Buzz Bruggeman, Jason Calacanis on Today’s Digital Legalities

Buzz Bruggeman
30 yrs practiving law
litigation
bg with technology
built activewords

Denise – appellete and IP law
programmers of the legal field

Buzz – huge friend of mind manager
lead the discussion and your things

law is static – wrong – very dynamic
lots of people blog about the law
Howard bashman – aappelete law blogger who keeps up to date on all the app courts in the US
broad readership w/ lawyers but even broader with judges
blog has been cited in a SCOTUS opinion
notion of participatory law

thinking about the audience – we have to confront issues in daily life
comparing the notion of locked silos of info (westlaw, lex-nex)

Jason C
weblogs inc
106 paid bloggers
use the soapbox you have to impact the pragmatic and practical
things to discuss:
1. rss
2. fair use for bloggers
3. attribution – blogs and apple and suing
4. picking your fights – what to do when MS, motorola, and lawsuits
5. blogger contracts

patent mojo – rss enabled sit ewhere you can sub to patents that are being granted to ms, apple, ibm etc.

MS internal policy – we dont want you lookign at other peoples patents

all the guys who came up with patent mojo are bloggers

inc availability of information – pr people dont go to tech or lawyers

law firms wising up

delicious tag – at lawnow

JC – more serious bloggers inc. for protection
legal letters – yell out
extend the discussion – take it down or else

good technique

quote of the week – “what do you guys think, am I stupid?”

if the lawyers letters are wrong, they look stoopid when you put them online

stuck to their guns and the truth came out

go thru the ed process withthe bloggers

EFF pubbed valuable legal guide for bloggers
another ex of the kind of detailed qual info you cant get 5 yrs ago

would you hire a lawyer b/c he is a blogger

need to have a bloggin policy
if you are gonna write aboutit, blog first

take a balanced approach

Havent seen lawyers who worked for pub traded companies blogging – SOX? SEC?

Denise Howell – scary smart, gets it

one of the many people who ran for gov, hamidi – intel sued him
sent 40000 emails tointel employees – trying to get them to rally around org/union
faceintel.com – accused of tresspassing on intel servers

JC – inc as a level of protection for their personal assets?
BB – inc doesnt reduce the risk of litigation

BB the more you write the better you write – dont get fired for being stupid (google guy and delta guy) – violate code of conduct, “there are no first amendment rights protcting stupidity.

ex of Davezilla (toho – people who own godzilla tradmenark) sent him a leter – community provided all the legal support and info he was able to resopond

JC
relatioship with people who do the segway, do we need to piss these people off? do what you think is right? Non competes with bloggers, trying to stop them,

know when it is unneccessaryt to go all the way
alot of time to see what happens – dont get scared when you see the letters – talk to them

BB – morganstanley-pearlstein lawsuit – document retention – last line says dont throw anythign away – play it stragihtl tell the truth
MorgS played cute – couldnt find email or docs, then found some – midway thru the drama – this is bullshit, default judgement – trial will be about damages.

pearlstein 1.4billion – booyah!

JC – do a project or biz and believe enought in it – document it – leave the lawyers out or let them negotiate – go direct – work out the ‘prenup’ conv early… before i go thru legal contract with you lets do bullet by bullet in email – bring it all up in the fresh air – send a letter of agreement – ‘what we are discussing doing legal doc – not gonna debate going forward – fax back intitial items – fax back – go thru the motions and dont do deals w/o everyhting in writing, oral agreements – do it right or dont do it

DH
how participatory law has a relationship to part-journo and part-media – rewrite copywrite law for compulsary licenses to make it more streamlines, do away with comp license – link at top of delicious list

anything that streamlines is a good thing – this media is bubbling up out there

pushing the issues bmi and ascap are interested –

if the ? is you have a ? to the guys who are blogging about it it will be a great conv.

even if you are within fair use – respect it

talk and communicate – talk about whats fair – solve both problems

where are the boundaries with fair use? See wikipedia – too long a q to answer here

JD Lasica, Terry Heaton, Cory Bergman on Tomorrow’s Media

JD Lasica – the house DJ
Sunday Bloody Sunday – GW Bush (Ace would love this)
Watts Wagner – to find out where society is going find people from the futuree and study them

Darknet – trad book tour – decided to do a couple of diff things – gnomedex – whats going on – determining the future,,, podcasting and blogger booktour

suprnove – chris anderson conv. – hollywood vs the loing tail. blogging, storytelling, finding our voices taking back the conversation

larrylessig, doc searls, weinberger, howard rheingold are the forefathers
take the stories and do some reporting. tell the stories of the people at ground zero. wrote to all 7 hwood studios – asked permission to use 15-30 sec of their movies ina home movie he was making – all he wants to do is take a snippet, show family and friends – is it cool?

5 said NO. couple quoted prices, one was chickenshit. No we dont want you to do that.

WHAT IS FAIR USE? There are still things we do and want to do that are allowed.

personal media rev that is driving is rss. makingeveryone a publisher. let everyone know about it. gonna explode in the next year. grassrrooots media aggregation shites

digital storytelling is taking over – George and Bobby – which is great great great tribute to JD’s brother… hopefully some of the video guys got a hold of that. Thisis the guy Paddy needs to talk to for a story.

Ourmedia – global home for grassroots media. 3 months ago 25k members. 12k pieces of media that people have uploaded – vid audio phot text software – share with a global audience – 35 moderators from 10 diff countires wikipedia approach – 3 months = 50% of the bandwidth from the internet archive (Creative Commons and Bryght)

The grey zone – dont take hwood’s idea of fair use – fair use guidelines – kinda f’ed up in some ways but do what you will…

last thing – ratings, social networking, social support, cc mixer tools, remix culture

people attach licenses to media they upload but also opening the doors. Tellign people what the rules are and tellign them there are ways t

jd@well.com

open source media project – need moderators, hackers, tricks, best practices, people who are creating their own stuff, tell stories, authenticity – reall world not TV

Lost Remote since 1999 – started when tv wasnt reco many respects of new technology
web producers in tv newstooms with how to deal with tv – big in and out of the industry

what online and tv are doing
first time in 17 years and awakening – how its changing what they do, how it will change tv, no one has listenend that wiell – except for money – TZV internet even marketing – a lot of companies need to invest
couple of weeks ago P&G will pull from tv and shift to other forms
King Media – dir or digital prod – realizing they are pushing it to make it succeed
TV Digital Gap – completely made up: rev for TV is decreasing, rev from dig is increasing. break even piint is before digital catches up – keep people employed and qual up
what must tv cos do to survive
things old media need to do:
acquire digital companies
leverage tv to launch new products
invent new business models
cut costs – how to do with bcast quality equip.

lower 1/4 to lower 1/3 of tv will go under int he next 4 years

Terry: released from mental hosp – dont like to be criticized
dont be in a stressful situation

Donanta Communications
personal media revolution for image content and revenue
consltus with tv sta on the internet
radical in that he wont compromise on truths of the internet, citizens media and the personal media revolution
“check your instincts at the door” – id you are looking for results, you might consider doing just the opposite of what you think you are supposed to do”

PERSONAL MEDIA REVOLUTION – bottom up

b/4 tv can move forward they need to accept it. Law of attraction works on the web – not the law of promotion.

experimental journey with nashville tv WKRN TV
hopes to be a model for local tv in the future
the problem isnt revenu – it is audience – fix the problem
how to attract viewers – people are online instead of using resources to build onair – use resources for local blogosphere – use tv to increase participation and inc ratings

krn – last place in nashville
sta mgr is attuned to what iss going on
where is the money?
paid search for TV.
using airtime to promotte online business (opportunity cost)
charlie (nutty local character)
then connected tv with local bloggers
blogosphere at the local level is where it is at
local – driven by passion, bottom up, the local level is where it is at
think small
research, evite – bloggers to tv station, social event – recognize theyare here andimportant – a lot of media attempts to build their own blogosphere is a prob – it already exists
rss addresses of area bloggers, agg site called nashville is talking
nashville is talking are you listening?
only branding is “brought to you by news 2 as our committment to listen”
bloggers – dont want them as some monolitic website
standalone sites
airtime topromote
ad network
sponsorships
blogs for each of the personalitites for the
upcoming – teach video/workshop for bloggers
free news vid for bloggers
bring citizens media to the mainstream
raw news video – portions, online free

this is everythin we talked about (or i couldnt get on paper) for pilot!

nashville is talking – are you listening

room for one station in every market to do this
why would you invite your competitors to do your own paid site

plan is to have the bloggers on the air eventually

terry – metrics on what this is done – inc viewers, traffic
blogger meetup in feb
blogosphere has tripled in nashville when we started
ourmedia.org – fairly natural progression of blogging to media
krn is the model – working with kron

cory – newsroom blogging
tvblogs arent updated quickly enough
sizable groups who want to know what they say
procedures and policies
work here locally with est media and journalist folks

terry – background is tv but passion is culture – changing of the guard is taking place
late 70s – usa today – mickey mantle – people taking over the world have grown up on me.

what are we gonna do with it????

gnomedex stats

360+ attendees

5000 audio stream listeners

#1 on technorati 2 days in a row

podcasting, blogs, rss, citizen media, bittorrent

Its about time the networks realize the 3am timeslot is as important as the 7pm timeslot

Tomorrow’s RSS Part 2

RSS will define the next 10 years

Not early adopters here- we are the lunatic fringe. (I LOVE THIS QUOTE)

Providing a service. Pubsub charges some customers some pretty hefty fees. Selling Quality of Service, relationship, access to devs, etc. Great business model there and other things. Is this enough – free services and ad support to millions on the web. Ability to charge the lunatics and others generates revs to provide services

How to let feed providers to charge for subscriptions. People dont like paying for things. Huge quantity of content – no shortage of fees, feeds have to be damn good – not sure thats the case.

Scott – expensive to run, cant subsist on luntic fringe. Buffers for how to build a sustainable business.

DARE – future and bizmodels, traditional syndication formats dont solve lists well, MS producting extensions, have the 3 onstage considered other scenarios that syndication doesnt satisfy.
Mark – would love to see existing comments feeds extended
Scott – watch closely, lists will be big, their guess rss only pubs and mobile otherwise no driving needs forced to react

Bob – Media companies – the demand is huge. Would rather see the tech community come up with how this will be done than the ad community. Dont understand the perjorative sense behind advertising. Should be in the hands of the pubs and the tech community… trusts tech more than madison ave. (HEAR HEAR) Dont rely on tech to come up with a solution.

Dave Winer – so much commercial info out there every day – why cant we flip it around and instead of advertising it be marketing – info about prod and svcs that i want. Inserting an ad into my attention – niclke or dime – ignoring a river of info and money. Maybe we should ask them before we experiment with them.

Bob – need to find a way for someone to pay. Dave is talking about targeting. Problem lots of people are working hard on. Advertising going for CPA.

J Calcanis – no one will opt in with advertising (at this point Dave and Jason go at it a little – excellent debate – 2 sides of the equation with excellent reasons and no clear answers)

CHRIS JUMPS ONSTAGE – gets everyone is singing Kumbaya….

this is the best conferences I have ever been at.

Dave and Jason continued the disc back and forth for a few minutes with no resolution (neither will give in to the other) but the debate is great. At the end, right before lunch, Jason thanks Dave for inventing something that is making him money)

Tomorrow’s RSS Part 1

Mark Fletcher, Scott Rafer, Bob Wyman on Tomorrow’s RSS
(prior to this presentation Julie Leung gave an incredible presentation on Blogging as Social Tool – it was so good, I stopped writing and sat there, with the rest of the gang, in rapt attention. Check out her blog here.

Scott Rafer (feedster) SE for blogs and rss (ads in rss feeds) – how is rss evolving??? – surprised in how little it has evolved over the last few years. Fewer extensions and namespaces. Turning into a real business, only large economics can change the format. Large Publisherss (rss-only publishers) can change and rss on mobile phones is the next big thing (even friendlier and already there in some cases)

Mark Fletcher bloglines is about signup, subscribe, what you have read and havent. Accessible from any machine – webbased. No innovation in terms of extensions to rss. We see rss as enabling – the universal inbox – any info in the inbox format. Notifications and things you havent read before,. Adopted in different areas and different data even if there arent extensions for it. Continuing and seeing rss in all diff things (flight status, package tracking) adopting new forms of what this can do continues

Bob Wyman – PubSub – prospective search (love the idea). Store queries/evaluate documentss/ match to queries (persistant).

2 things in the future of rss. Rss not just for text anymore. Power and great things you can do with text. Beginning to understand what its all about. A lot more nontext – structured publishing, microformats, structured blogging, just as bloglines does jobs and package tracking, feedster does job, pubsub does airport status, earthquakes, SEC filings, more kinds of structured data. Events are cool, able to pub events in the blog and have them distributed thru many search engines. 2nd trend – RSS (Really Simple) future of RSS isnt RSS – future is Atom. (holy crap were there giggles here. Format vendors and people have an interst in the blogging space can work on. Not have been able to address cust needs in past(rss). All aggregators can read all the formats – it is time to move on to ATOM. People are giggling – the crowd doesnt agree.

Mark – Aggregators – need to be switzerland – support everythign for better or worse. Mix- doesnt matter. So much momentum it will never go away.

Scott – feeds go into and out of validation. Problem not getting more elegantly solved quickly. gonna go where the user asks them to. Again – swtizerland

Bob Wyman – read and write all formats. Thats what users demand. Work has been done by the IETF has insure atom provides more flex and more variety. (giggles again)

Mark – pubs dont need to provide in mult formats. whatever format you pub in people will read… just confuse people. do just 1

Doug- Beat on the aggregator guys to support the formats. Publishers should publish in whatever format with whatever it is you want to express. Aggregator developers need to be fixing the bugs… duplicate feeds are new bugs

Geeknewscentral.com – rss dup feeds issues – 95% are pulling rss, 5% are pulling atom. Atom loses (some clapping)

Dave Winer (I think) Postels law – conservative in what you send and liberal in what you recieve.

The Crowd: How do we monetize RSS – as a content publisher?
Scott – ads for web searchers=google… what is the subscriber mindset – there are expectations. Matching a marketing effort to them makes sense. Ads in feeds. Clickthru rates have been good.

Mark – several diff models for content producers. NYT uses excerpts to draw to site, and then ads. Others with full feeds and no advertising – use rss to show expertise in a field. Others use rss with ads.

Bob – need to have advertising in the feeds. Poeple out there who provide services and need to get paid for what we do – svcs which are good enough valuable enoguh and worth getitng paid for it. Most likely way to get paid is advertising. – doesnt ruin the user experience.

Nial — all companies are only 2-3 years old – would they all do it again?

Feedster – YES, but could have waited a bit longer, site would have been incrementally better
Bloglines – YES – would have changed the name – struggling since the beginning – work on something that people are passionate about is fun – everyone is going to need whether they know it or not – still pretty early
PubSub – YES – only thing is a little lit sooner.

Today’s Open Source 1

Matt Westervelt, Asa Dotzler, Scott Collins, Matt Mullenweg on Tomorrow’s Open Source

Open source – wordpress, firefox, opensource is changing things

Introductions of each

OS projects on merits of highquality, free products

in 6 or 8 months – 80 million downloads of firefox

F/OSS on the cusp of mainstream
WordPress (thanks WP!) at the front of that

How do you market an F/OSS project

gonna hand over the messaging and the brand and identity to the volunteers – more vocal and more effective
millions of users can be wrong
cant do that with a bad product
why does the testimonial work? cause you trust that guy – its about volume and scale

how did MattM (WOrdpress) go from Zero to Hero
WP is an evolution of a product – when WP started it couldnt find users – he gave to friends – couldnt get people to develop for it

The key is user driven products vs. feature driven products
growth of firefox and wordpress – lg commercial players well funded doing it longer seeing their market share eaten by community, bottom up movement

Asa – Firefos is still in the early stages – hasn’t crossed the chasm

firefox ad in the WSJ – a fan of the product felt it was a great way to promote the product – raise $$$ to spread firefox by buying the ad.

citizen media – firefox ended up doing a NYTimes ad (more targeted – 8000 people – $20 a piece – 2 page ad in the NYTimes. The ad didnt drive downloads, the MSM stories drove the traffic about the ad

scott – wants to know if there are questions open source and how someone here can help propel that thing of value

neccessity for successful proj is modularity – can cater to niche b/c it isnt all in the core

dylan greene – blogging software 5 yrs ago – how does he make $ while open sourcing

potential vc wouldnt see it as a money prod

Scott – dual licensing is one method – mysql, trolltech (go Zaurus!)

value for value

give away complete product, cross platform, license a seat (one time fee per dev, not per app or bundle) and that gives you proprietary licence – everything but ship code – pick how you fund the dev of the community

pay the devs and fund their efforts
works for vc, business clients and keep in the OS world
if someone wants to pay per license fee they can do both

Do VCs understand open source – answer = YES

its a competitive marketplace
find a way to give users a voice, give them feedabck, get involved
some way to speak bask – so THEY ARE INVESTED AND EMPOWERED

Citizen Media

David Geller, John Battelle, Dan Gillmor on Today’s Citizen Media

Debate by what chris meant by Citizen Media

battelele – a media guy, speaks for the authors
value with voice and pov
enjoy media – his space, Wired Magazine, BigPub, BoingBoing

His new project – search book, shows how his blog is an example of writing a book and blogging the process, thought he would only have a few people watching – ended up with a passionate audience that can aid in things you are doing – mentions how Dan Gilmore saw the same thing with his book.

Things Battelle has done recently:
boingboing – bring ads into site w/o destroying it
havent had to sell one ad – part of the conversation, endemic – the advertisers came to him

Citizen Media –
content owned by the people making it

federated media (Battelle’s new company, which includes boinboing I think) – puts this into practice

Dave
sharing info between people groups and systems within an organization
how do we make a company communicate?
area waiting to explode
easiest way to communicate within an organization
replace internet toold

Dan Gilmore
epiphany 1

    anyone who does anything in media, your audience knows more than you do collectively
    take adv of that = better work and better information from the ground up

epiphiany 2

    dave winer showing gilmore EDIT THIS PAGE (90s?)
    web has become as writable and it is readable
    media and citizens to do what you understand, the ability to be creators/pubs is a major transformation

grassroots media – bayosphere (Dan’s new company) – about tech economy and SF Bay Area
Citizens start tell each other what they know
vibrant sharing of what we know amongst each other

We are only at the beginning of this transformation
a lot to solve before we get anywhere with it

how do we find the good stuff????? – we will have to creat biz models around it – not entirely clear what those things are (thats half the fun)

Joh Battelle – what is the def of citizen media?

    undervalued – things being created in this room and without
    high quality conversations
    how are the marketers involved (not interrupted)
    how to do this as a full time passion – figure out that model

Dave

    representing the business side – the tools to help customers merge email and synd models effectively
    easier to use pub tools and models throughout
    everyone was building their own tools
    steep learnign curve

What we are familiar with is enabling – spreading thru the masses

Dan Gilmore-
vast majority of blogs, 90+%, and particularly written for the family and close friends, the value per reader must be higher than the val/reader of boingboing
(Value is relative to the person consuming – and I hate that word – the content)
doesnt like the word amateur in this context – its about personal passion
bizmodel for stuff in the middle like community theater – there is no business model except for the tool makers

new media dev – still hazy in how it shakes out from biz and journalizm
listen to us (the crowd, the citizens) as much as everythign else
citizen journalism pledge and the imp of being balanced

Crowd asks Dan Gilmore about the standards pledge for Bayosphere – he goes on to discuss how they put up an idea for the ‘rules’ – and the users took it, ripped it , remixed it, added their own thru a wiki

pledge asks that people who sign must confirm they will do their best to be balanced
people agreed to be honorable
sean bonner – ona wiki – not telling us what to do
we live in a world with a limit to time – cant read every post on slashdot
role for synthesis –

Big takeaway – in this new world the aritcle isnt the end of the conversation – its the middle

Joh Battelle
2002 – course with 2000 students – how to do journalism in a blog setting
if you can describe community morays and doc them you can make something
comes to concensus around these topics
liberating info (sharing) is a driving force in life

    people in local communities have a lot to tell each other whats going on, but papers cant do the in-depth job
    ability to tell each other what they know is important – still not that easy
    we are early in helping people do these things – first amendment is for everyone not just the designated press

Joh Battelle – press has that railroad disease of forgetting what biz they are in

we created these vehicles where we thought we knew what we were doing
debate having in this community – attaching a biz model to the content
if you are going to get these people to liberate information – need to fig a way to pay the bills
(my whole argument of value for value)

Keep believing some point this will change

Critical mass is what we need – create a show without network deals, or a contract or a service (only a matter of time)

    whats the value of an open conversation?
    model can change culture – starts with creatives changing the culture first
    commonsense copyright and patent law (this is an evolution)
    permission from them to quote from what they do

Tomorrow’s Syndication Part 1

Steve Gillmor, Dave Sifry, Scott Gatz on Tomorrow’s Syndication

Scott Gatz

Responsible for Yahoo!’s content syndication / RSS initiatives, Scott leads the team that redesigned My Yahoo! around RSS and integrated RSS into Yahoo! Mobile, Yahoo! News and the My Yahoo! Ticker. Gatz’s early career was diverse, ranging from television production at the Lifetime channel and NBC to product development and management for major information providers. In the early 1990’s, he spent two years managing a team at Reuters. Scott may be able to show us:

* How small changes can help big companies
* Where today’s emerging technologies might converge
* Why user friendliness is just as important as developer friendliness

Scott Gatz is wearing a tshirt that say “ONE HOT PIECE OF RSS”
Need to approach this with a broad perspective
consumer experience with yahoo is key
hope is that rss – we (people at this conference) can we take this tech and bring to mainstream

keeping it optimistic
millions of users using rss today
publishers, bloggers, can reach the audience right now

alot of people dont know rss or xml – and they shouldnt have to
how do we make it eash for these users
a lot of people doing more and more with rss than before
yahoo – working on media rss – photos, audio video – its beyond the post (blg post)

if you sub to flikr feed its presented like posts –
how do we make aggs that make content more sense?
how do we make tech that easy/convenient/integrated
where the user wants it

optimistic about consumers demadng the whowhatwhenwhere
where are the experiences where people are getting content?
playing in the living room as well as the desktop

no matter where – you can get your content
not in a reader – but in context
syndicated content alongside professionally produced content

dont limit me to one device/website/app
give it to me how i want
yahoo bought blo.gs
relays pings – moving ot the real time web
moment somehtign changes you can know about it
United States Geological survey has an rss feed
they ping – you can know when it is happening (so know you can get a message on your mobile phone letting you know your building isnt collapsing, there is an earthquake – big laugh from the crowd)

content (no matter what type) on what they want – however they want it

Dave Sifry (technorati)
bowled over by MS announcement
we are sitting on top of it – not consumers/producers
This is a sesmic shift (giggle from the crowd – re: earthquake)

fundamentally different way to look at the web and internet as a whole – moving from thinking of the worlds biggest library (we think in pages, documentss, directories)

There is no deep understanding of how new things come into play

Sifry believes it is all about user gen content this decade – as the tools have gotten easier for average people to create podcasts and blogs and content and easier to consume (MS commentary) regular folks can now get all this stuff – on their terms

We still think of the web like a library, but there is a humungous river/event stream/ of state changes at any given moment. We need to be able to tap in a track all that stuff

not just about being timely or uptodate or always-on, , but also understand the concept of time in relation to the web

what can be done when we go from the library model (tons of docs to find and read) to people having conversations over time

Sifry wants the web as realtime as IM

tip of the iceberg – symptomatic of some of the changes over 3-5 years

    how do we add more structure? metadata or microfromats (microformats.org)
    how can we more effectively express this semistructure data format
    whats a calendar even look like
    what is you representation of ical as valid html – (hcal)

human oriented metadata formats, but KISS (Keep it Simple…)

just the start – thinking of the web as a realtime place

Steve Gilmore
Dare Abesanjo (the guy who created RSS Bandit and MS employee)- is one of his heroes – verbal and yet supportive of existing standards
no time to wait for any more stuff
get it working into our hands, get on with it
Steve then asks why Dare switched from Bloglines API to Newsgator “Dare – junking the useless proprietary synch standard from bloglines – will adopt another useless proprietary standard from newsgator”

Dare: To set a standard, you need to have other people follow it, newsgator and bloglines have no interest in listening/following Dare (which sux)

Sifry – gretest way for Yahoo to work is to take an open attitude – lets stand on each others shoulders and not on each others toes

Scott – we do what our users ask for

building a strong ecosystem of mobile (ubicomp anyone?) aggregation

help manage attention which is the 15 minute problem

DWiner – why are we selling another format? back end, interface – dave is nailing sifry, why cant yahoo operate a central service and store subs list ?

Yahoo guy – making it easy for mass consumption adoption, myyahoo – ind is built in
users need to be there

dwiner – why not do it before they do it – need someone with fin resources and central server and get operations

rsynch

SGilmore – when are we gonna agree to do someothing and what will it take

25 mil people will wake up one morning with a persisitent download – how do we reduce the pile to the info we are looking for? Out prob, ours to fix. (Steve is the main proponent of attention.xml and this was sorta his broadsides)

adam bosworth a month ago – conv didnt go well, pushed xml down gates throat- important guy, but right now is unable to make a committment (which was in private a long time) how to solve this problem – good reasons why major vendors dont want to play ball – think proporietary cloud of metadata is supervaluable and cant afford to share

Steve Gilmore – we will all rise together or fall seperately – every roach motel (where you check in, but closed standards wont let you back out) will be excluded from the larger pie in the future.

Gilmore Gang!

Late for the Gilmore Gang because I was hanging out with Asa (from Mozilla Foundation) and Chris Pirillo’s mom and dad.

So I walk in to…

How is attention.xml in the mix?

A tv network becomes an RSS feed
metadata in id3 is limited, media rss a great step – not diff to imlement – we need to have better metadata
DaveWiner is not a fan of mediaRSS

whats happeneing with itunes – they are putting podcasitng on the map

perspective from Doug Kaye its all about levels of influence – there are 400 people at the conference, a lot of conversations at itconversations – the people in the room are the small fraction of the influence sphere of the event. The podcasts from Gnomedex will be heard by 150-200k people – the sphere is larger.

adam curry talking about hitting the 100 million mark in a couple of years.

dave winer – validation doesnt come from 100s of millions – people at both ends dont know the tech exists – we need the universality

bittorent and peer to peer bandwidth sharing is key

bittorrent is huge and the solution – has gained traction, is efficient, is cheap (bandwidth wise) is fast, is not streaming and most importantly is getting stigmatized…
extension allows youto inc bt object within a feed

Curry – need a p2p solution
bandwidth is expensive
grokster case and BT

Dan Gilmore – the more we use bittorrent, the more we legitimize it, the more we promote it the more will use it (its a virtuous cycle).

Steve Gilmore – podcasting is the salvation for bt (so is ourmedia!)

someone brings up fair use and the stigmatization of BT and then…

Dave Winer – not infringing is stronger than fair use, real use, our use will legitimize
“validation is if mom listens to my podcast”

100mil – first time form and content not married – audio not linked to radio or record, video not linked to tv – form-free content (big idea)

Questions of how do we challenge the old bizmodels and how media is created

    Users are consuming on their own terms
    change in ecosystems is the change in the power
    form and function -talking about ‘shows’ – is emphasis on ‘show’ limiting the way the tech is applied

Dave Winer – dont just think of it as a media or content play – what about productivity app – sales organization might produce a memo int he form of a podcast (how do we take the tech and do something not expected)

major companies know about it, lectures in podcast for colleges, shows is ok, its more about distribution

‘shows’ not the only way it should be used

For universities and learning organization, the buzz – this is learning on demand – they get it

revolution in how we look at media – intermingled – not about podcasting – a new sphere of control

Microsoft KeyStone Part 5

channel9 wikiw will be the comment/community process

Some in the audience are wondering if MS is trying to set standards and lockin
IETF and other format orgs in this area, why is MS going outside of them?
if we want to discuss these formats why arent they going to the standards groups

A couple of guys in the audience point out the standards groups arent very effective and darwinism (strong code survives) is a better test

RSS is seen as a transport of intelligent content

Others think this is embrace and extend lite – crowd claps…

why its diff than what we have seen before from MS???
(note – the MS guys are giving as good as they get and this really isnt that contentious (in the room).

MS defense –
we are here at gnomedex – looking talking, posting before we ship
extensions / standard – specifications for tags
under CC license (not being evil)

MS has new ideas for RSS and wants to see Devs really push it

Dean – “no one says you have to support the extensions”

2 new elements in this name space – see new specs at, I think Channel9

” A lot of Bits were sacrificed” in this debate

Will there be an updated winmedia player that is rss aware (like iTunes 4.9 coming out tomorrow – Dean is reticent to say yes, b/c that is a diff team)

Crowd – “how is security in place and are we opening new doors for attack (new vectors)?”

MS – couple ways they looked at it – team sat with (SDL – secure development lifecycle)

Big round of applause for the MS guys as they left the stage.