February 21, 2018

Archives for November 2013

A Good Day at the Googleplex

            Judge Chin has issued his decision in the Google Book Search case, and it’s a win for Google. For those of you who have been following the litigation, it’s been a long trip through the arcana of class certification. Today’s decision, however, finally gets to the merits of Google’s fair use defense under the Copyright Act. The outcome is not surprising in light of last year’s decision in the related HathiTrust case, which held that Google’s mass digitization of books on behalf of academic libraries to facilitate scholarship and research and to aid print-disabled library patrons is fair use. The Google Books case could have come out differently, however, given that Google, unlike an academic library, is a commercial enterprise and that the service it provides through Book Search reaches far beyond an academic audience. In addition, the amount of text that Google displays in Book Search results (multiple contextual “snippets” including the search term) is greater than the amount displayed by the HathiTrust (only the page numbers and number of hits per page for the search term). Both of those factors—the commercial or non-profit nature of the use and the amount of text displayed—are relevant to the fair use analysis.

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Inject New Energy into Problem Solving – Principle #8 for Fostering Civic Engagement Through Digital Technologies

In response to my recent post arguing that the Federal government needs to use the social web more effectively as a tool for improving information sharing between the Federal government and the public, Michael Herz from the Benjamin N. Cardozo School of Law reached out and directed me to a comprehensive report he recently authored for the consideration of the Administrative Conference of the United States entitled “Using Social Media in Rulemaking: Possibilities and Barriers.” One of Mr. Herz’s colleagues described the report’s tone as one of “skeptical optimism.” Mr. Herz asked me specifically about the role of social media in the Federal agency rulemaking process. In short, I generally agree with his statement that “social media culture is at odds with the fundamental characteristics of notice-and-comment rulemaking” because filing insightful comments requires “time, thought, study of the agency proposal and rationale, articulating reasons rather than…off-the-top-of-one’s-head assertions of a bottom line.” Social media, we both agree, however, is a valuable tool for Federal agencies to use to inform the public – particularly those people or groups whom the agency believes may have a vested interest in ongoing rulemakings.

Our e-mail exchange has me thinking now about why many governments and residents are embracing technology-based solutions for urban problems whereas the Federal government, as exemplified by the problems with the Affordable Care Act implementation, has not been as effective in using the Internet, wireless technology and social media to deliver services to the public. Today, I will discuss three reasons why it is easier to inject new energy into technology-based problem solving in local communities.
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Game Theory and Bitcoin

In light of the back-and-forth about the recent Eyal and Sirer (“ES”) paper about Bitcoin mining, I want to take a step back and talk about what a careful analysis of Bitcoin mining dynamics would look like. (Here are some previous posts if you need backstory: 1 2 3 4 5.)

The key to a sound analysis of situations like this is to use game theory, a well established set of intellectual tools for thinking about strategic behavior in adversarial settings.

The ES paper makes two main claims that use language from game theory. First, they claim that their “selfish” strategy dominates the default “honest” Bitcoin mining strategy. Second, they claim that Bitcoin is not incentive compatible.
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