Author: Drew Kime

Can someone give me the name of a good buggy whip maker?

No really, I want to talk to one. There should be several in every large town, just like there used to be. Because it would be immoral to deprive them of their “right” to make money in the way that they want to.

“But that’s absurd,” you say, if you’ve never heard the argument before. “You’d have to outlaw cars to protect the buggy whip manufacturing business.” Yes, and that’s exactly what the buggy whip makers tried to do: ban the car.

Copyright does the exact same thing buggy whip makers tried to do: it protects a specific business model. The “right to control copying” exists to encourage people to go into the business of creating new works.

We, as a society, benefit from having new works. We have agreed to grant creators of those works a temporary monopoly on reproducing and selling those works. If the specific method that we’re using to encourage creation actually serves to restrict creation, our method needs to change.

Everyone who thinks the RIAA is responsible for increasing the net creative output of the world, raise your hand … Everyone who thinks the MPAA is the creative force behind independent film, raise your hand …

Copyright law was a specific solution to a specific problem. It doesn’t codify some inherent human right. If the “solution” has been pushed too far in one direction, which I believe it has, it’s time to re-think the balance. Or maybe come up with some new way to encourage creation of easily-copied works.

Apples and Oranges …

… are actually pretty damn similar.

How did “like comparing apples and oranges” get to be our standard phrase for indicating that two things are so different as to resist comparison? They’re both fruit, typically about the size of a baseball, have a skin and seeds, are mostly water. There are more similarities than differences.

I assumed there was some history to this phrase, some context where it made sense. The only thing I can find is a one reference suggesting, “that the phrase appeared as apples and oysters in John Ray’s proverb collection of 1670.” Okay, that makes a bit more sense. Or at least it works better for what people mean when they say it.

But I suspect it’s more like the phrase, “You can’t judge a book by its cover.” Really? Put a Unix textbook next to a Harlequin romance and I’ll bet I can tell you a whole lot about it. That phrase originated in a time when all books were printed with blank bindings, and covers could be applied by the seller or the customer. So back then no, you really couldn’t tell a book by its cover.

No one cares about “average”

No one wants to be average. We just want to treat everyone else like they are. That’s why we generalize, form stereotypes. It leads to goth and emo, as kids try to be unique and different from average people … but in exactly the same way as everyone else in their preferred group. (Oops, was that cynical?)

It also leads to being pretty spectacularly wrong in your conclusions, even when you’re completely right in your premises. Take for instance what Joel Spolsky had to say about OSS development:

Development [on OSS projects] is much more likely to be geographically dispersed, which results in a radically different quality of team communication. It’s rare in the open source world to have a face to face conversation around a whiteboard drawing boxes and arrows, so the kind of design decisions which benefit from drawing boxes and arrows are usually decided poorly on such projects.

His premises are correct: development is often dispersed; design can suffer. His conclusion, that OSS projects usually just clone existing (closed source) software is not technically wrong, but is irrelevant for the same reason traditional media is wrong when they discount blogs as “real writing”: The average doesn’t matter. If the best blog — or the best OSS product — is better than the leading commercial media or closed software, it will gain market share.

As Paul Graham says:

Those in the print media who dismiss the writing online because of its low average quality are missing an important point: no one reads the average blog. In the old world of channels, it meant something to talk about average quality, because that’s what you were getting whether you liked it or not. But now you can read any writer you want. So the average quality of writing online isn’t what the print media are competing against. They’re competing against the best writing online. And, like Microsoft, they’re losing.

The “average” application on SourceForge may be derivative and just plain bad, but you don’t install averages. You install applications. I don’t use an “average browser”, I use Firefox.

This holds true for games, too. As a Slashdot poster says of open-sourcing a game:

we will see millions of variations of modifications that will be incompatible with each other and that will bring down the quality of the game. Some will be much worse than the original, probably few will add high-quality content, but some may become very good indeed.

Software, writing, games, in fact all digital media, tend toward a winner-take-all outcome. In the age of infinitely-reproducible goods, it doesn’t matter what process yields the best average outcome. What matters is what process yields the single best outcome.