April 24, 2024

Scoble/Facebook Incident: It's Not About Data Ownership

Last week Facebook canceled, and then reinstated, Robert Scoble’s account because he was using an automated script to export information about his Facebook friends to another service. The incident triggered a vigorous debate about who was in the right. Should Scoble be allowed to export this data from Facebook in the way he did? Should Facebook be allowed to control how the data is presented and used? What about the interests of Scoble’s friends?

An interesting meme kept popping up in this debate: the idea that somebody owns the data. Kara Swisher says the data belong to Scoble:

Thus, [Facebook] has zero interest in allowing people to escape easily if they want to, even though THE INFORMATION ON FACEBOOK IS THEIRS AND NOT FACEBOOK’S.

Sorry for the caps, but I wanted to be as clear as I could: All that information on Facebook is Robert Scoble’s. So, he should–even if he agreed to give away his rights to move it to use the service in the first place (he had no other choice if he wanted to join)–be allowed to move it wherever he wants.

Nick Carr disagrees, saying the data belong to Scoble’s friends:

Now, if you happen to be one of those “friends,” would you think of your name, email address, and birthday as being “Scoble’s data” or as being “my data.” If you’re smart, you’ll think of it as being “my data,” and you’ll be very nervous about the ability of someone to easily suck it out of Facebook’s database and move it into another database without your knowledge or permission. After all, if someone has your name, email address, and birthday, they pretty much have your identity – not just your online identity, but your real-world identity.

Scott Karp asks whether “Facebook actually own your data because you agreed to that ownership in the Terms of Service.” And Louis Gray titles his post “The Data Ownership Wars Are Heating Up”.

Where did we get this idea that facts about the world must be owned by somebody? Stop and consider that question for a minute, and you’ll see that ownership is a lousy way to think about this issue. In fact, much of the confusion we see stems from the unexamined assumption that the facts in question are owned.

It’s worth noting, too, that even today’s expansive intellectual property regimes don’t apply to the data at issue here. Facts aren’t copyrightable; there’s no trade secret here; and this information is outside the subject matter of patents and trademarks.

Once we give up the idea that the fact of Robert Scoble’s friendship with (say) Lee Aase, or the fact that that friendship has been memorialized on Facebook, has to be somebody’s exclusive property, we can see things more clearly. Scoble and Aase both have an interest in the facts of their Facebook-friendship and their real friendship (if any). Facebook has an interest in how its computer systems are used, but Scoble and Aase also have an interest in being able to access Facebook’s systems. Even you and I have an interest here, though probably not so strong as the others, in knowing whether Scoble and Aase are Facebook-friends.

How can all of these interests best be balanced in principle? What rights do Scoble, Aase, and Facebook have under existing law? What should public policy says about data access? All of these are difficult questions whose answers we should debate. Declaring these facts to be property doesn’t resolve the debate – all it does is rule out solutions that might turn out to be the best.

Three Down, One to Go: Warner Music to Sell MP3s

Warner Music will sell music through Amazon’s online store without DRM (copy protection) technology, according to a New York Times story by Jeff Leeds. This is a big step for Warner, given that earlier this year Warner CEO Edgar Bronfman said that selling MP3s would be “completely without logic or merit.”

The next question is whether Warner will make a deal with Apple to sell MP3s on iTunes too. The NYT article says Warner plans to do so, but the LA Times implies the opposite. The two other majors that sell MP3s are split on this point, with EMI selling MP3s through multiple stores including iTunes, and Universal Music selling MP3s through other online stores but refusing to do so through iTunes. Is Warner willing to inconvenience its customers in order to undercut Apple?

By the way, the Times article makes a simple but common mistake, in saying that “the industry faces increasing pressure to bolster digital music sales as its traditional business — selling CDs — suffers a sharp decline.” CDs are digital too, and they lack DRM (attempts to add DRM to CDs failed disastrously), but news stories and commentary often ignore these facts. I guess “Warner to adopt another DRM-free digital format” wouldn’t seem quite so newsworthy.

Three of the four majors (all but SonyBMG) now sell MP3s. It’s only a matter of time before the last domino falls, and the industry can move on to the next stage in its evolution.

Universal Didn't Ignore Digital, Just Did It Wrong

Techies have been chortling all week about comments made by Universal Music CEO Doug Morris to Wired’s Seth Mnookin. Morris, despite being in what is now a technology-based industry, professed extreme ignorance about the digital world. Here’s the money quote:

Morris insists there wasn’t a thing he or anyone else could have done differently. “There’s no one in the record company that’s a technologist,” Morris explains. “That’s a misconception writers make all the time, that the record industry missed this. They didn’t. They just didn’t know what to do. It’s like if you were suddenly asked to operate on your dog to remove his kidney. What would you do?”

Personally, I would hire a vet. But to Morris, even that wasn’t an option. “We didn’t know who to hire,” he says, becoming more agitated. “I wouldn’t be able to recognize a good technology person — anyone with a good bullshit story would have gotten past me.” Morris’ almost willful cluelessness is telling. “He wasn’t prepared for a business that was going to be so totally disrupted by technology,” says a longtime industry insider who has worked with Morris. “He just doesn’t have that kind of mind.”

Morris’s explanation isn’t just pathetic, it’s also wrong. The problem wasn’t that the company had no digital strategy. They had a strategy, and they had technologists on the payroll who were supposed to implement it. But their strategy was a bad one, combining impractical copy-protection schemes with locked-down subscription services that would appeal to few if any customers.

The most interesting side of the story is that Universal’s strategy is improving now – they’re selling unencumbered MP3s, for example – even though the same proud technophobe is still in charge.

Why the change?

The best explanation, I think, is a fear that Apple would use its iPod/iTunes technologies to grab control of digital music distribution. If Universal couldn’t quite understand the digital transition, it could at least recognize a threat to its distribution channel. So it responded by competing – that is, trying to give customers what they wanted.

Still, if I were a Universal shareholder I wouldn’t let Morris off the hook. What kind of manager, in an industry facing historic disruption, is uninterested in learning about the source of that disruption? A CEO can’t be an expert on everything. But can’t the guy learn just a little bit about technology?

Workshop: Computing in the Cloud

I’m excited to announce that Princeton’s Center for InfoTech Policy is putting on a workshop on the policy and social implications of “Computing in the Cloud” – the trend where companies, rather than users, store and manage an increasing range of personal data.

Examples include Hotmail and Gmail replacing desktop email, YouTube taking over as a personal video platform, and Flickr competing with desktop photo storage solutions. Facebook, Myspace and other social networks have pioneered new kinds of tools that couldn’t exist on the desktop, and more new models are sure to emerge.

I’m confident that this trend will reshape tech policy, and will change how people relate to technology. But I don’t know what the changes are. By drawing together experts from computer science, industry, government and law, I hope the Center can help those of us at Princeton, and workshop participants from around the country, get a better sense of where things might be headed.

The workshop will be held on the Princeton campus on January 14 and 15, 2008. It will be free and open to the public. We will have a series of panel discussions, interspersed with opportunities for informal exchanges of ideas. We’re still putting together the list of panels and panelists, so we haven’t yet published a schedule. If you’re interested in attending or want to get email updates about the workshop, please email David Robinson (dgr at princeton dot edu).

Here are some of the possible themes for panels we are exploring:

  • Possession and ownership of data: In cloud computing, a provider’s data center holds information that would more traditionally have been stored on the end user’s computer. How does this impact user privacy? To what extent do users “own” this data, and what obligations do the service providers have? What obligations should they have? Does moving the data to the provider’s data center improve security or endanger it?
  • Collaboration and globalization: Cloud computing systems offer new sharing and collaboration features beyond what was possible before. They make shared creation among far-flung users easier, allow or require data to be stored in many different jurisdictions, and give users access to offerings that may be illegal in the users’ home countries. How will local laws, when applied to data centers whose user base is global, affect users practice? Do these services drive forward economic growth — and if so, what effect should that fact have on the policy debate?
  • New roles for new intermediaries: Cloud services often involve new
    intermediaries such as Facebook, MySpace, eBay, and Second Life, standing between people who might have interacted more directly before these services emerged. To what extent are these services “communities”, as their providers claim? How much control do users feel over these communities? How much control do and should users actually have? How does the centralized nature of these intermediaries affect the efficiency and diversity of online experiences? Can the market protect consumers and competition, or is government oversight needed?
  • What’s next: What new services might develop, and how will today’s services evolve? How well will cloud computing be likely to serve users, companies, investors, government, and the public over the longer run? Which social and policy problems will get worse due to cloud computing, and which will get better?

Radiohead's Low Price Might Mean Higher Profit

Radiohead’s name-your-own-price sale of its new In Rainbows album has generated lots of commentary, especially since comscore released data claiming that 62% of customers set their price at zero, with the remaining 38% setting an average price of $6, which comes to an average price of $2.28 per customer. (There are reasons to question these numbers, but let’s take them as roughly accurate for the sake of argument.)

Bill Rosenblatt bemoaned the low price, calling it a race to the bottom. Tim Lee responded by pointing out that Rosenblatt’s “race to the bottom” is just another name for price competition, which is hardly a sign of an unhealthy market. The music market is more competitive than before, and production costs are lower, so naturally prices will go down.

But there’s another basic economic point missing in this debate: Lower average price does not imply lower profit. Radiohead may well be making more money because the price is lower.

To see why this might be true, imagine that there are 10 customers willing to pay $10 for your album, 100 customers willing to pay only $2, and 1000 customers who will only listen if the price is zero. (For simplicity assume the cost of producing an extra copy is zero.) If you price the album at $10, you get ten buyers and make $100. If you price it at $2, you get 110 buyers and make $220. Lowering the price makes you more money.

Or you can ask each customer to name their own price, with a minimum of $2. If all customers pay their own valuation, then you get $10 from 10 customers and $2 from 100 customers, for a total of $300. You get perfect price discrimination – each customer pays his own valuation – which extracts the maximum possible revenue from these 110 customers.

Of course, in real life some customers who value the album at $10 will name a price of $2, so your revenue won’t reach the full $300. But if even one customer pays more than $2, you’re still better off than you’d be with any fixed price. Your price discrimination is imperfect, but it’s still better than not discriminating at all.

Now imagine that you can extract some nonzero amount of revenue from the customers who aren’t willing to pay at all, perhaps because because listening will make them more likely to buy your next album or recommend it to their friends. If you keep the name-your-own-price deal, and remove the $2 minimum, then you’ll capture this value because customers can name a price of zero. Some of the $10-value or $2-value people might also name a price of zero, but if not too many do so you might be better off removing the minimum and capturing some value from every customer.

If customers are honest about their valuation, this last scenario is the most profitable – you make $300 immediately plus the indirect benefit from the zero-price listeners. Some pundits will be shocked and saddened that your revenue is only 27 cents per customer, and 90% of your customers paid nothing at all. But you won’t care – you’ll be too busy counting your money.

Finally, note that none of this analysis depends on any assumptions about customers’ infringement options. Even if it were physically impossible to make infringing copies of the album, the analysis would still hold because it depends only on how badly customers want to hear your music and how likely they are to name a price close to their true valuation. Indeed, factoring in the possibility of infringement only strengthens the argument for lowering the average price.

By all accounts, Radiohead’s album is a musical and financial success. Sure, it’s a gimmick, but it could very well be a smart pricing strategy.