Duplicate Windows 7 Commercials Show Why Software Patents are a Bad Idea

Part of Microsoft’s aggressive Windows 7 TV advertising campaign revolves pairing feature ideas with tongue-in-cheek-reenactments of how those ideas occurred to “real” users. The “real” user retells how and where they came up with the concept and then demonstrates that, hey, Microsoft thought it was a good idea too and hey, look at that its now in Windows 7! Clearly Microsoft is finally listening to its users (as opposed to Windows Vista).

Anyway, these faux testimonials-reenactments never struck me as particularly sincere and after being subjected to one just a couple of minutes ago, I realized that I had seen basically same commercial with another actor claiming to have thought of the same feature. So I went and double checked on YouTube, and indeed, there are two commercials with two totally different men (with different names) claiming to have thought of the “Aero Snap” feature in Windows 7. The former one is the original US one, and the latter one is the UK version.

So, who came up with the idea? For the sake of the argument, let’s interpret it in the most generous way possible: two independent, real people named Jake and Ramin came up with the same idea and Microsoft chose to implement it. How cool.

But wait, wouldn’t Microsoft probably own a patent on the Aero Snap feature? Sure enough, they do. Its actually a lot more broad and powerful than simply snapping windows, but Microsoft applied for and received the patent in 2005.

And now they have two commercials with two people claiming to have come up with the same idea by themselves. Just imagine if one of those users didn’t submit the idea to Microsoft, but merged into a free software project at the same time? (It turns out that KDE, a free software window manager has long had such a feature).

In this generous interpretation Microsoft has implicitly created an argument against patents: independent and simultaneous discovery of inventions. Who do you give the patent to, Jake or Ramin? This is actually a hugely interesting area of contemporary research, and there’s been lots of work done to demonstrate that new ideas are almost never new. Kevin Kelly has a good post about it here.

Unfortunately, there’s a more likely and cynical explanation for the duplicate commercials: someone at Microsoft “discovered” the concept (here’s a MS blog post discussing its development and effectively taking credit for it), and then they did two or more sets of commercials with different demographically-appealing actors claiming credit for the features.

Cause Caller Thesis (PDF & LaTeX Source)

Apparently my alma-mater (and current part-time employer) ITP is suggesting current students look at my thesis because of its formatting.

I used LaTeX to format it and used the ACM template here I’m proud to finally post it almost 2 years later. It also means that ITP students don’t have to go through the demented process of trying to recreate / reformat a template.

The significant departures from ACM’s template are the copyright notice and the image inclusions.

Good luck!

Cause Caller Thesis – PDF, 2.5mb, CC BY-SA.
Cause Caller Thesis – LaTeX Source Code, .tex, 74kb

Scribd:

Cause Caller Thesis

Here’s a video of my presentation:

Google Now Selling Virtual Ads on Real Real Estate

Last year I posted on Google modifying representations of reality (Streetview) and hypothesized about the potential problems. Now we have a potential real world test case as Google might be selling advertisements inside Google Maps:

This patent, which was originally filed on July 7, 2008, describes a new system for promoting ads in online mapping applications. In this patent, Google describes how it plans to identify buildings, posters, signs and billboards in these images and give advertisers the ability to replace these images with more up-to-date ads. In addition, Google also seems to plan an advertising auction for unclaimed properties.

Read more at RWW.

Why do all Na’avi in Avatar have braids? Because code is law.

You could say that I’m partial to Lessig‘s maxim that “code is law.”

I also think it goes a long way to explaining some decisions James Cameron made while making Avatar. More specifically, the code and technology responsible for the majority of the movie’s (we can’t very well go on calling them films much longer, can we?) visual experience actively constrained the choices of the production team and thereby the choices of the Avatar characters themselves. Neytiri couldn’t have had voluminous hair even if she wanted to, because James Cameron’s hardware and software wasn’t good enough.

If you haven’t followed computer graphics closely you might not know that certain textures and materials, like hair, are incredibly difficult to get right. Though there has been quite a lot of progress in the realm of still CG, capturing the motion and flow of humanoid hair is still very difficult if not virtually impossible. Cameron’s Avatar didn’t significantly advance the state of the art, but he was able to creatively sidestep the issue by giving his characters thick braids and dreadlocks which he could motion capture.

This alleviated the chore of trying to artificially generate the realistic movement of millions of individual hairs: if all the Na’avi had braids or dreadlocks, then all of that movement could be motion captured by actors in reality.

Much has been made of Cameron’s innovation to accurately develop motion capture for individual facial movements, and it is my strong feeling that the team also took this approach for the hair of their characters. As Wired pointed out in their features on the movie, this is an evolution in the modern director relationship to computer graphics: instead of trying to *simulate* real world phenomena using procedural software, directors opt to direct a close enough analog in the physical world whose motion could be captured at a very high resolution using camera-like devices.

Don’t believe me? Check out these screen grabs from the Avatar making of video floating around:

Look closely at Zoe’s head and it doesn’t require a lot of imagination to believe that her dreadlocks have individual motion capture devices embedded in them. It’s also probably true that motion capture systems of this type can not be scaled small enough for individual hairs. This might change in the future, but for now it is a real technological constraint in the world of Pandora. There are a couple other examples of technology constraining creative choice: why don’t any animals in the Pandora jungle have fur? Might it be because Cameron couldn’t get CG fur to look right?

So Cameron’s technological constraints and innovation drove choices that would have have otherwise been purely creative. Code became law on Pandora. Sometimes the origins of code’s constraints are artificial (such as copyright law) but sometimes they’re just practical constraints like software and CPU horsepower, and I think that’s what happened here.

Let me know if you agree or have any evidence to the contrary.

Eustace Emoji

Eustace Emoji Cropped

The New Yorker is holding its annual contest for re-interpretations of the famous Eustace Tilley cover and I thought this would be a good one.

Unfortunately since I live with Thessaly (unfortunate that she works there, not that I live with her ;) I’m most likely disqualified from participating in a Conde Nast competition.

I used Photoshop to batch process the emoji (zip download) so that they have white backgrounds and used Foto-Mosaik-Edda for the mosaic.

Check it out full size here.

Teaching at ITP in the Spring Semester

I’m really happy to be teaching again at NYU during the Spring semester of 2010, except this time I’ll be at ITP, where I did my masters. Here are the details:

Copyright, Cyberlaw and the New Free Culture

H79..1 Wed 6:30pm to 9:00pm Frederick Benenson

The phrases ‘free software’, ‘free culture’, and ‘peer to peer production’ are often casually referenced in the current discourse on digital media and culture. But each are coherent topics and phenomena representing radical challenges to our established notions of authorship, ownership, and collaboration of cultural works. In order to fully investigate these new modes of production, this course will introduce basic concepts in copyright and cyberlaw (Are ideas ownable? What is fair use? What are my rights online?) while taking time to examine the underlying technology of our digital communications infrastructure (the TCP/IP stack, routing, file sharing, etc.). Students are expected to actively participate in free culture communities, open source projects, and engage in a discourse regarding the future of cultural production. A basic understanding of open communities and a desire to investigate the legal and technical implications of radical thought are required. Readings will include Lessig, Stallman, Benkler, Doctorow, Shirky, Barlow, Coleman, Patry, Wu, and Zittrain.

Needless to say I’m really excited to be back on floor 4!

Moving on to Kickstarter

(cross posted on Creative Commons’ blog)

Kickstarter LogoI started working full time for Creative Commons on June 2nd, 2008 just after finishing my masters at ITP. The last year and half has been an incredible experience as I’ve spent my time doing CC outreach, advocacy, and product development. But it is time for me to move on, and I’m excited to announce that starting December 1st, I’ll be working at NYC based start-up Kickstarter.

Kickstarter is a funding platform for creators, and represents a refreshing way of thinking about supporting cultural production and creators. Most importantly, Kickstarter, like Creative Commons, offers a real mechanism for creators to connect with their supporters and share their work in a way that acknowledges the inevitabilities of digital media. Having launched and successfully funded my own project through Kickstarter, I know this platform works and I’m incredibly excited by its potential. But Kickstarter is also something that many of us in the free culture community have always dreamed of — a way to directly fund cultural production and its creators without resorting to leveraging scarcity and exclusivity.

I’m going to be doing very similar things at Kickstarter that I’ve been doing at CC: outreach, advocacy, some product, some community, some biz dev, and lots of pondering the future of culture and collaboration. But I’m also really looking forward to sharing a lot of the principles and relationships I developed at CC with my new colleagues, so if we’re currently working together on something, I’m sure we’ll still have plenty to talk about.

Working for Creative Commons has been fantastic, and I really couldn’t have imagined a better way or a better group of people to spend the last couple of years with, so it is not without some sadness that I’m leaving. So let’s stay in touch! Find me on twitter, check out my blog, or just drop me a line at fcb at fredbenenson.com.

See you on the ole tubes!

Fred

Emoji Dick

I just launched a project on Kickstarter (an awesome NYC based startup that helps people fund their ideas) to translate Moby Dick into Emoji using Amazon Mechanical Turk. I’m calling it Emoji Dick:

This project will fund the production, via crowd sourcing, of a never-before-released translation of Herman Melville’s classic Moby Dick in Japanese emoji icons.

Here’s an example of an Emoji sentence from Moby Dick:

Each of Moby Dick’s 6,438 sentences will be translated 3 times by different Amazon Mechanical Turk workers. Those results will then be voted on by another set of workers, and the most popular version of each sentence will be selected for inclusion in the book.

I’m trying to reach $3,500, and you can give at the $5, $10, $20, $40, and $200 levels and get different awesome rewards, like their name included in the book, a CC BY-SA licensed PDF, the raw data, and either a softcover black and white copy or a limited edition color version.

If you want to support the project, just visit the page here. Thanks!