I’ve got an op-ed in the National Law Journal this coming week on technology and the law school curriculum. It’s a hard problem. No law school has yet solved it.
Tom Rubin comes to the Berkman Center and Practical Lawyering class
The chief copyright, trademark and trade secret lawyer for Microsoft, Tom Rubin, has been a consistent contributor to our teaching program at the Berkman Center for the past three years. He’s been enormously generous with his time, meeting with Berkman-related students, faculty and fellows over several years. We’ve learned a great deal from Tom and his colleagues, like Ira Rubinstein and Jason Matusow and Annmarie Levins during their respective visits.
One of the topics for class today (Practical Lawyering in Cyberspace at HLS) is what it took for Tom and his colleagues to arrange for Creative Commons licenses to be built into the next release of Microsoft Office. Tom’s leadership was essential to making this integration possible. The importance of this move is that it enables people to apply Creative Commons licenses very simply to Word documents. As Lawrence Lessig put it at the time of the announcement earlier this year, “This is important to us because a huge amount of creative work is created inside the Office platform. Having a simple way to add Creative Commons licenses obviously helps us spread those licenses much more broadly.”
This class, which I’m co-teaching with my colleagues Jeffrey Cunard and Phil Malone, is a ton of fun to participate in — certainly as one of the teachers, anyway. The idea is to use real-world examples of cyberlaw matters as a means of teaching also the procedure, strategy, and tactics that go into the practice of law in this field. Jeff, who is a partner at Debevoise (and in fact the managing partner of their DC office), seems to have worked on every major matter in our field over the past two decades. Phil was one of the lead lawyers who brought the DOJ’s protracted action against Microsoft (and Tom still talks to Phil when they are at Berkman together!). We’ve also has Scott Harshbarger here in class last week to do the HP case and some of the spyware matters from the perspective of a government lawyer. It’s a highly applied means of teaching and not the usual HLS fare, which has good and challenging aspects to it. But fun, to be sure.
The Day After: Got Democracy?
Confetti is still being swept up from the halls of Democratic victory parties across the country. In Massachusetts, the celebration has been a long time in coming. The election of Deval Patrick as governor — a first of several important kinds — is a shot in the arm to those tired of a state managed by Republican governors since Michael Dukakis left office a decade and a half ago. And the US House, now to be run by US Rep. Nancy Pelosi, it seems.
So: did the use of the Internet have much to do with the process or the outcome of the 2006 election cycle?
John Bracken replies to my question of yesterday about the changing (?) nature of politics in the era of the Internet(s): “Two years later, is there evidence that we are more energized, are there signs of semiotic democracy? Certainly, the war, Katrina and corruption scandals may have energized liberal voters, but I don’t attribute much of that energy to the internet. I suspect that the election news junkies among us would be just as junkified, with or without the Internets. I am reminded by frequent exhortations by a non-blogging, a labor organizer friend that shoe leather on-the-ground is more important than bloggers and bits. I’ve argued this over with him several times, but some of tonight’s results may bear him out. (As of this writing, certain bloggers are notably quiet on Lamont’s apparent loss– or saying such claims are merely an “MSM” thing.) But what does the research bear out? Yes, we can use information ourselves when we can access it and there are some cool tools for covering the poltical process and actual voting. But has our ability to maintain ‘a more active relationship with information’ changed the way our governments do their work and deliver services? Not yet, not from where I sit.”
I’m inclined to agree with John (admittedly, I ordinarily do). His argument is well-framed. But a few things I see slightly differently:
– The main addendum I’d make is to point to the use of Internet as empowering the grassroots not just to chatter and to provide information to voters, but also to organize itself and to be trusted to carry the campaign’s water effectively. There’s no doubt that the extraordinarily energetic, well-run Deval Patrick campaign was the most effective of any campaign for governor at using Internet for organizing, productivity-enhancement, fundraising, and messaging of any of the candidates in the race, start to finish. The back-end tools that were provided to volunteer organizers were terrific. The campaign was highly decentralized. The leadership of the campaign is to be congratulated for trusting the base — the grassroots — that got the campaign through the rough primary and powered the overwhelming victory in the general election over Kerry Healey. You might in fact think of many of the bloggers on the left as volunteers working independently of the campaign. Massachusetts has Blue Mass Group, with 3 leaders and 2000+ members, as well as a range of locally-focused bloggers who kept up the conversation in remarkable fashion over the past two years. They provided an authentic set of voices telling, by and large, the pro-Patrick story throughout the primary and the general. Better to have the online crowd on your side than not, at a minimum.
– I’d add to this productivity point also the fundraising power of the Net to raise small contributions — key, I think, in the primary here in Massachusetts, where Gov.-elect Patrick’s opponents were better funded from the start and small contributions kept him on the air and in the mix — and also the ability of certain bloggers to amplify the positive messages of the campaign and to draw voters into the process.
– The last particularly cool thing I’d note about the Patrick campaign was the use of Patrick.tv. When I first saw his convention ad, with an amazingly powerful soundtrack, I was pretty certain he’d be the next governor. I’d be interested to know how many people saw that video — on the web as well as on the campaign trail, at the convention, at the inspiring Boston Common rally during the general election — and what impact the campaign thought it had. If you are wondering why he won, just click here and play the ad.
– All that said: I suspect that the strongest reasons for the overwhelming Patrick victory were the charisma, leadership, and energy of the candidate himself; a serious shoe-leather campaign throughout the state to talk to people face-to-face, make what’s thought to be a record number of GOTV calls; and a well-run classical campaign.
The bottom-line answer to Bracken’s comment still hangs in the balance. Will the way our leaders govern be any different? It seems to me possibly more important what happens next. I have every faith that Mr. Patrick will trust the same grassroots — those he celebrated and led to victory last night — as governor, just as he did as a candidate. How that makes him a better governor, and Rep. Pelosi a better speaker, and so forth, seems to me the primary open issue.
(A side note: the Healey campaign has got to go down in history as one of the nastiest, race-baiting, Willie Horton-invoking campaigns in our state’s modern history. It was awful. Someone should preserve her TV ads as a prime example of going way, way over all manner of lines of decency, taste, tact, and citizenship. I am not sorry to see those ads off the air forever.)
Bravo to everyone who took advantage of the cool new tools to post, comment, and otherwise get their hands dirty in the citizen’s conversation during election 2006!
Happy Election Day, and Come Blog the Vote at Berkman with BMG and others!
We’re delighted to welcome anyone blogging the vote today at the Berkman Center at Harvard Law School. The Blue Mass Group team have taken us up on it, live and in person, along with others swinging by, which is terrific. Seth Flaxman of Demapples was here until he had class. Anyone and everyone of any political stripe is welcome. Just bring your laptop and we’ll provide the wifi and some things to eat and drink. Our address is 23 Everett Street in Cambridge, on the north side of the Harvard Law School campus. It’s a yellow-frame house. We’re up on the second floor. A map is here.
Each election day makes me rethink a hypothesis from 2004 on Internet & politics. There’s no doubt that more people are getting involved in politics through Internet activism than in previous cycles. The outstanding question, it seems to me, is whether or not Internet is making a difference in the political process. I’m inclined to say it is. And seeing those who are live-blogging the election here makes that case pretty clearly to me, anyway.
Our friends at the Center for Citizens Media and Stanford Law School have released an Election Guide for Bloggers, just in time to be useful.
Microsoft and Novell make a deal
In big interoperability news, Microsoft and Novell have entered into a deal to work together. Those are some interesting bedfellows. Much to unpack and understand.
One insight, from ArsTechnica’s report: “From Microsoft’s standpoint, virtualization is a good thing, especially when Windows is the host operating system. A close linkage between Microsoft and Novell reinforces Microsoft’s message to corporate types that Microsoft’s Windows Server and Virtual Server products are serious players, no matter what your mix of operating systems is.”
A copy of an announcement letter, which I received by e-mail, also reads in relevant part: “More importantly, Microsoft announced today that it will not assert its patents against individual, non-commercial developers. Novell has secured an irrevocable promise from Microsoft to allow individual and non-commercial contributors the freedom to continue open source development, free from any concern of Microsoft patent lawsuits. That’s right, Microsoft wants you to keep hacking.”
It brings to mind Bill Gates’ executive e-mail about interoperability by design in software development at Microsoft.
Interview with Urs Gasser
The Berkman communications team has been conducting a series of interviews with our fellows. The interviews are written up and posted to the Berkman website. The most recent interview is with Prof. Dr. Urs Gasser, a faculty fellow and the director of a research center at the University of St. Gallen. His center — along with a few others, like the OII, the Citizen Lab in Toronto, Dan Gillmor’s citizens’ media center — has become one of the key international partners to the Berkman Center in carrying out our mission.
An excerpt from the interview:
“Q: Have European markets taken a different approach than the U.S. towards regulating digital copyright? Is there an attempt being made to approach digital rights issues from a global perspective as opposed to a nation/market-specific point of view?
“Urs: Painted in broad brushes, it is fair to say that the U.S. and European copyright frameworks follow similar approaches as far as digital rights issues are concerned. This doesn’t come as a big surprise, since important areas such as, for instance, the legal protection of technological protection measures have been addressed at the level of international law – e.g. in the context of the WIPO Internet Treaties. However, the closer you look, the more differences among the legal systems you will find, even within Europe, where copyright laws and consumer protection laws, to name just two important areas, vary significantly if you move from – say – Germany to the U.K. as our Berkman/St. Gallen studies have demonstrated. But from the “big picture perspective” you are certainly right, there is a global trend towards convergence of digital copyright law, driven especially by TRIPS and the WIPO treaties, but also (and equally important) by bilateral free trade agreements.”
For more on Urs’ center and his colleagues, check out the Research Center for Information Law at the University of St. Gallen (I am proudly a member of its Board), as well Daniel Hausermann’s blog.
Celebrating Those Who Blog the Vote
This afternoon, we’re welcoming all those who are covering the 2006 Massachusetts campaign cycle to a reception in your honor at the Berkman Center for Internet & Society at Harvard Law School. The reception, totally informal, will run from probably 5 – 6:30 p.m. or so at 23 Everett Street, Cambridge, MA. No matter if you’re for Healey/Hillman or Patrick/Murray, or if you want yes or no on 1, 2, or 3, of if you’re still undecided, please join us! To contact the Berkman Center, click here.
Public aggregator of blogs for teachers
Another output of our NYSAIS workshop for teachers on using technology in the service of education: a Top10 list that we compiled together of Blogs for Teachers. Send suggestions and we can add them, too! Or create a better list of your own at Top10 Sources.
There’s also a member-created page, by an academic named Robert French, on Edublogs and Eduwikis, which is excellent. Mr. French, who teaches PR at Auburn University, himself keeps a terrific blog.
(Please see my disclosures page if you care to know about my personal involvement in Top10.)
Here's a group list of resources online for teachers
At St. Hilda’s and St. Hugh’s today, I’m talking with an extraordinary group of teachers at a NYSAIS workshop. The topic is using technology in teaching. We’re going to build a list of resources we’ve talked about today for posterity. Who’s first?
A meta resource for technology and education, including sharing of information and tools and the like
– Digg.com
An RSS aggregator with a social component
– Rojo.com
Another RSS aggregator
A tagging service and search engine
– Moodle
A course management system or content management system, which is open source
A virtual world in which some classes are taught
– Wikia
A wiki service, related to Wikipedia
– JotSpot
Another wiki service
A means of finding works online that you can re-use in the classroom, or that your students could use
A new blog on tech and teaching
– H20
A best-of-breed, free/open source rotisserie discussion system
A place to share reading lists, course syllabuses, and the like, with support for cool things like OPML
The Globe on Becca Nesson, Rodica Buzescu in Second Life
The Boston Globe’s Irene Sege, who has been hanging around the real and virtual Berkman Center these past few months, has a thoughtful piece on Second Life in education and politics. It features Rebecca Nesson and her work in Cyberone, a class she’s co-teaching with her dad (eon, Dean of Cyberspace) and her collaborator Rodica Buzescu, who now also works work Millions of Us. John Lester and Ethan Zuckerman, also our friends, get a word in, too.