Tweeting a joke can be no joke

Tweet withheld

Reports emerged late last week that Twitter is deleting tweets that copy another tweeter’s jokes.

The Verge reports on a writer’s request to Twitter to remove a tweet that used her content (a joke) without permission and thus infringed her intellectual property rights:

I simply explained to Twitter that as a freelance writer I make my living writing jokes (and I use some of my tweets to test out jokes in my other writing). I then explained that as such, the jokes are my intellectual property, and that the users in question did not have my permission to repost them without giving me credit.

The Verge says that Twitter did the take-down under the DCMA (Digital Millennium Copyright Act), a part of US copyright law introduced in 1998. It’s a complex piece of legislation but very broadly, it supports the rights of copyright holders to control access to and downstream use of their content. It’s controversial as it threatens the concept of fair use under US copyright law, among other things. (You can read more about DCMA on the US government’s copyright website.)

I am a bit nonplussed that such firm action is happening now as plagiarising someone’s content has been part of the Twitter landscape since Twitter started in 2006. That’s not to say it’s been okay to do that (it’s not okay), I’m just wondering why this has come up only now and about jokes rather than anything more substantive.

And these examples are about using someone else’s content as if it is yours – surely common sense would ring your alarm bell on that – and all the examples I’ve seen were original tweets not retweets.

Still, it is interesting and illustrates that copyright law does apply to anything you publish anywhere, even Twitter, and even a joke, and a takedown will happen if Twitter thinks your complaint is valid.

Equally interesting is the jurisdiction. DCMA is a US law – how will that work in other jurisdictions that are not subject to a US law like copyright? Here in the UK for instance?

I suppose in theory if you’re in, say, the UK or China or Brazil, you could go ahead and use someone else’s joke in your tweet and not worry about any US law. Twitter can still take it down if the creator of that joke complains to Twitter and there’s probably little you can do about it other than sue Twitter. Good luck!

Twitter joke

In thinking about this matter of jurisdiction, a little searching found Can You Copyright A Tweet?,  a most interesting post on the TechnoLlama blog in January that discusses this very topic from a broad European perspective.

On the matter of a tweet, ie, text up to 140 characters:

European copyright law does not have a minimal limit on what constitutes a protected copyright work. For example, the EU Copyright Directive 2001/29/EC makes it clear in Art 2 that the reproduction “in whole or in part” of a work is to be considered an infringement, not stating a minimum amount for what is “in whole or in part”. It has generally been accepted in case law that the copying of a part of a work has to be substantial in order to infringe, but similarly this is a very subjective test, as what makes up a substantial element of the work is left for the court to decide. The broad language in Art 2 led to the Court of Justice of the European Union to establish a very minimal definition for what is an original work. In Infopaq (Case C-5/08) the CJEU says that a work is original if it is the author’s “own intellectual creation”.

And:

Initially, if a tweet is protected by copyright, then its unauthorised reproduction “in whole or in part” would be copyright infringement. If I write a joke and it is copied in whole by someone else, then in theory I could sue for copyright infringement. But what about retweets? This is slightly trickier, as it is an important feature of twitter that makes the service richer. My own solution (and I am happy to be proven wrong here) is that any public account gives other users an implied licence to retweet the work. But what about non-automatic retweets, such as using the format: RT @technollama “I for one welcome our new 3D-printed Bitcoin drone overlords #yeswearethatold”. In my opinion, this would also be fine as long as it is clearly attributed, but I have no legal basis for the opinion other than it is common practice in the medium.

It is my firm belief that a large number of tweets in Europe are protected by copyright, and it is only a matter of time until this is tested in a case.

And intriguingly:

By the way, my tweets are licensed under a CC licence, so feel free to reproduce them as you see fit.

That’s a cat among the legal pigeons!

Is it time for a post-capitalism post-communism mashup?

The Guardian | An Age of Sharing

Books on politics and political issues rarely capture my attention or my imagination.

During the past decade, I have read just three books about politics, all biographies – Margaret Thatcher, Bill Clinton and Tony Blair. Probably great fodder for Freudians who’d like to pop me in a pigeon-hole. Good luck with that!

My own self-analysis of why these works did attract me tells me that each addresses times and experiences of significant change and, indeed, upheavals in society, in political landscapes and more. Each author, either directly and/or via a ghost, weaves a compelling narrative that resonates strongly with my understanding and sense of contemporary society and the changes I might wish to see happen as well as those I’d rather not.

The politics in each – in terms of labels like left, centre and right – get largely ignored.

This morning, during my usual early-Saturday online news consumption and sharing time, I came across an article in The Guardian by journalist Paul Mason that did very much capture my attention and my imagination.

In the article, published on July 17, Mason lays out a deep rationale and the canvas for his forthcoming book that discusses a topic that is most interesting if you take the politics out of it – the successor to capitalism.

Titled simply PostCapitalism: A Guide to Our Future, Mason’s book is described by publisher Penguin as “a guide to our era of seismic economic change, and how we can build a more equal society.” Clearly politics – and by that word, I mean class politics – will be very much a part of this no matter how I wish it weren’t.

After reading Mason’s piece in The Guardian, I thought about how would I sum up what the book’s about in a tweetable-length text? I came up with this:

Mason’s article is peppered with thought-provoking opinions to support his clear view that we are en route to a post-capitalist world that will capture your imagination, whether you agree or not.

To start with:

Without us noticing, we are entering the postcapitalist era. At the heart of further change to come is information technology, new ways of working and the sharing economy. The old ways will take a long while to disappear, but it’s time to be utopian.

Well, that got my attention. Thank God he didn’t say “It’s time to be dystopian” that you might expect from a journalist who, in his own words, “was a Leftie activist.”

Then this:

Almost unnoticed, in the niches and hollows of the market system, whole swaths of economic life are beginning to move to a different rhythm. Parallel currencies, time banks, cooperatives and self-managed spaces have proliferated, barely noticed by the economics profession, and often as a direct result of the shattering of the old structures in the post-2008 crisis.

New forms of ownership, new forms of lending, new legal contracts: a whole business subculture has emerged over the past 10 years, which the media has dubbed the “sharing economy”. Buzzwords such as the “commons” and “peer-production” are thrown around, but few have bothered to ask what this development means for capitalism itself.

And a paragraph that especially grabbed my attention:

There is, alongside the world of monopolised information and surveillance created by corporations and governments, a different dynamic growing up around information: information as a social good, free at the point of use, incapable of being owned or exploited or priced. I’ve surveyed the attempts by economists and business gurus to build a framework to understand the dynamics of an economy based on abundant, socially-held information. But it was actually imagined by one 19th-century economist in the era of the telegraph and the steam engine. His name? Karl Marx.

Karl Marx, as you will know, was a co-author of the Communist Party Manifesto, a publication I read in the 1970s and have always believed presents a Utopian view of a world that has never (can never?) been fulfilled as the failed dystopian Soviet project over a 70-year period clearly illustrated.

What Mason argues is for change within the current economic (and, I would argue, political) system rather than the “man the barricades” treatments you typically hear from ‘Leftie activists’ and those who talk about “we are the 99 percent,” etc. And, arguably, that’s what you see and hear today in much of the polarising rhetoric from the mainstream political Left.

So I like how Paul Mason makes his arguments for change with reality statements like this:

The modern day external shocks are clear: energy depletion, climate change, ageing populations and migration. They are altering the dynamics of capitalism and making it unworkable in the long term. They have not yet had the same impact as the Black Death – but as we saw in New Orleans in 2005 [hurricane Katrina], it does not take the bubonic plague to destroy social order and functional infrastructure in a financially complex and impoverished society.

And finally:

Most 20th-century leftists believed that they did not have the luxury of a managed transition: it was an article of faith for them that nothing of the coming system could exist within the old one – though the working class always attempted to create an alternative life within and “despite” capitalism. As a result, once the possibility of a Soviet-style transition disappeared, the modern left became preoccupied simply with opposing things: the privatisation of healthcare, anti-union laws, fracking – the list goes on.

And so I have pre-ordered the Kindle edition of Mason’s book which will be published in the UK on July 30. Can’t wait to read it.

[Image at top via The Guardian.]

Labelling the C-Suite of the future

Boardroom

There could be a slew of new three- and four-letter acronyms to get used to if changes in C-Suite functions and roles take hold as outlined in 10 C-Suite Jobs of The Future, a thought-provoking report in FastCompany magazine this week.

For instance:

Chief Intellectual Property Officer

The world of intellectual property law is only getting more vast and complicated as new innovations hit the market. Not only will companies in the near future need a core leadership team member who can wade through the dizzying sea of intellectual property laws and patents to ensure their own compliance, but also remain vigilant to protect their own company against infringement.

“The patent offices do not send people out, we don’t have patent cops going around saying, ‘Hey, you violated something,” says Thomas Frey [executive director and senior futurist of The DaVinci Institute, a futurist think-tank]. “It really ends up coming down to you as a company or you as an individual to manage and defend your own property.”

The full list:

  1. Chief Ecosystem Officer
  2. Chief User Experience Officer
  3. Chief Automation Officer
  4. Chief Freelance Relationship Officer
  5. Chief Intellectual Property Officer
  6. Chief Data Officer
  7. Chief Privacy Officer
  8. Chief Compliance Officer
  9. Chief Human Resources Officer
  10. Chief Administrative Officer

I think each of these titles is most likely to appear (I’ve already seen ‘Chief Privacy Officer’) as business and societal landscapes continue to change and organization structures and cultures continue to evolve. Some might need rejigging: we already have ‘CEO’ and ‘CCO’ for instance.

But as long as such new titles have credible foundations – they’re not just fancy labels – that reflect the future of work and workplaces, then they might serve valuable purposes in organizational form and function.

Read the details behind each potential C-Suite title at FastCompany: 10 C-Suite Jobs of The Future.

Idle thumbs: Why commuters are the best audience

Commuter

A guest post by Simon Bailey, CEO of Axonix, an advertising technology company backed by Telefonica and Blackstone.

Any marketer worth their salt knows all customers were not made equal, and that’s particularly true of commuters, where getting the bus or train into work is now a prime opportunity to check our smartphones and tablets to catch up on the latest news, gossip and games. With the average number of devices set to exceed four per person by 2020, we’re increasingly reliant on the small screen, and at no time more so than when we have some time to kill on-the-go.

If you’re not ‘on-board’ with this digital shift in media consumption or don’t plan to be – I’d stop reading now. But if you’re an ambitious business with high growth targets and a clear sales objectives, your ears should certainly be pricking up. The commuter audience is a highly connected and available audience, and it’s these eyes at these times which will stand to convert the most sales leads on your campaigns.

Understanding your audience: Being the early bird

Almost 90 percent of consumers admit to browsing and buying on smartphones and tablets during their commute with over half expecting to shop even more during this time in the future. So reaching the right person with the right message at the right time between early morning and after 5pm is now invaluable to your operational longevity, and it’s critical to be able to pinpoint exactly when that is in order to get the best result.

Commuters have various stages of browsing behaviours: for instance, when bored and browsing as opposed to when they have a definite purpose such as buying a certain piece of music, and so less susceptible to additional distraction.

Elsewhere, there is a natural variation on activity which is preferred by commuters inside and outside of London, with research revealing that 20 per cent use their device to read online news and 25 percent to play games via apps such as Farmville or Candy Crush in the capital, over a third higher than those further afield.

Internet browsing, social media and streaming video content also scored highly, to be expected, and London bus users were found to be the most social, with less than 10 per cent logging on to work systems during this time and empowered with better signal leading to greater use of social and leisure based applications.

Programming into the consumer psyche

So, once your target audience is identified, and when, how can you best connect with them? It’s all about programmatic trading; buying ad-space in real-time using data-led computer algorithms, to reach exactly the right user at the right time with the right content for optimum engagement – consumers are using their devices in rush hour, while commuting – and programmatic will help you specifically target the right people during these times.

Sounds like a ‘no-brainer’ right? Programmatic tools have increasingly been embraced by many, but many more are still reluctant or uncertain about its benefits. This is largely due to a lack of understanding of mobile ad exchanges and their benefits with over 40 percent of marketers admitting they still “don’t have a clue” what programmatic actually means.

Understandably, it’s in many marketers’ interests to avoid taking a chance on new technologies, with many taking a risk adverse attitude to doing so, and preferring the more established ROI they derive from traditional media. However, these individuals could find themselves redundant in a few years’ time, replaced by their more mobile-savvy, and dynamic peers – those that understand when their audience needs to find something to entertain them whilst on the bus or the train, and just so happens to serve them a targeted ad at that time.

Mobile devices are set to keep rocketing in popularity, with vendors and networks collaborating to increase connectivity and availability of services whenever and where ever you are. And transport companies know this. Just take for example The London Underground, which is investing rapidly in a Wi-Fi programme, rolling out internet services to over 150 stations across the capital. People want their phones on the go and it’s becoming easier for them to get online anywhere – even when underground!

There’s clearly a real opportunity here for marketers to reach huge and highly available audiences – provided they take the correct approach to mobile advertising. So, with all that in mind, its never been a better time to join the crowd and connect with your target consumer. As I said above, marketers need to understand their customers – and realising when they are looking for entertainment on the move and taking steps to reach them at those times could be your rush hour jackpot.

Simon BaileySimon Bailey is the CEO of Axonix, a role which he began in April 2015, having previously served as CCO since April 2014.

Previous to Axonix, Simon was at Velti where he was Vice President, Global Demand, managing the global advertising business.

Simon started his career in advertising in 1996 working for The Times. Since then he has spent the past 15 years working in the digital space where he has sold media, developed sales teams and built cutting edge advertising technologies for the likes of Excite Inc, 24/7 Real Media (WPP) and OpenX Inc.

Simon was a member of the founding team at OpenX where he was responsible for the Product Strategy designing and building the first version of the OpenX Real Time Bidding advertising exchange.

Simon is married with four children and has a degree in French and Politics from the University of Leicester.

[Image at top via Mobile Marketing.]

IBM delivers the experience at Wimbledon 2015

2015 Wimbledon - Henman Hill

The picture above is of a landmark that’s well known by fans of the Wimbledon Championships tennis tournament that is taking place in London right now.

It’s Henman Hill, the grassy mound smack in the middle of the Wimbledon venue, nicknamed thus for the now-retired British player Tim Henman. It’s packed with people – and usually more than than you see here – enjoying the live tennis on huge screens at the side of Number 1 Court to the right, just out of the view, or having a picnic in the glorious summer sunshine.

I took the picture when I was there last week, on June 30, the second day of the championships. I was there not so much to see the tennis, more to get to know about the technology behind the event that makes the tennis an enveloping experience combining the audio-visual live-action that you see and hear at Wimbledon itself; and on TV screens, computer monitors, tablets and smartphones wherever you are in the world with a network connection, along with data-driven information that adds enrichment to your experience.

I was there to find out about that last bit – the data that adds the enrichment – thanks to an invitation from Andrew Grill, Global Managing Partner in IBM’s Social Consulting business. IBM is Wimbledon’s prime technology partner, a rather dry phrase that somewhat under-states the role IBM plays largely behind the scenes in enabling that enrichment I mentioned.

And so I arrived at Gate 5 to meet Andrew, suitably attired for the occasion.

It was a blisteringly hot day on Tuesday last week, with temperatures in the afternoon well in excess of 33 degrees Celsius. The cool air-conditioned and climate-controlled interior of the IBM Bunker, the first port of call on our Wimbledon tour, was a most welcome respite from the heat and humidity outside.

Deep beneath the media centre building, the IBM Bunker is the central hub of IBM’s data services for Wimbledon. Our bunker guide was Sam Seddon, IBM’s Wimbledon Client and Programme Executive. In plain English, he’s the man responsible for managing the end-to-end delivery of the technical solutions that IBM provides to The Championships.

One end of those technical solutions is the rack of servers that funnel data to the screens of a dozen or more IBM engineers in the bunker who are the sharp end, so to speak, of analysing and extracting insights from the huge amounts of data generated from the activities across the 19 courts of the Wimbledon complex, to be used by the match commentators, the TV broadcasters and internet video feeds, on the Wimbledon.com website – built and maintained by IBM – and to the apps people install on their mobile devices.

From here, data is also provided to the media in the media centre that helps them build their commentaries and stories. There is so much data, says Sam, that IBM has people in every court who are able to help presenters and reporters construct their stories and reporting through helping them understand what the data can tell them.

2015 Wimbledon - IBM Bunker

Data analytics is a key part of what IBM does here – and an aspect I was keen to know more about – along with social media analysis and reporting. The picture above shows two of the team of engineers who pay attention to what’s happening across the web.

Note in particular the monitor with screen in purple/white at top left, displaying some metrics about website visitors the day before my visit. 2,365,398 total unique visitors to Wimbledon.com on June 29, it says. Project that out across the two weeks of these championships, and you’ll get a number probably far north of 30 million.

Sam told us that data from Wimbledon’s 19 courts comes into this room. That includes data created from tennis experts and others stationed at each court who capture datapoints like the speed of each player’s serve which they input into the system as quickly as possible. The target is to be 100% accurate, says Sam, as well as quick. Last year about 3.2 million datapoints were captured, he says.

With at least two people per court, three on the smaller ones, that’s well over 40 people who are capturing every movement of every player and entering that data into the IBM system for analysis and insight-creation, which is where the TV commentators, etc, I mentioned get the real value.

Data is the raw material: it’s the insights gleaned from analysis of that raw material that really matter.

2015 Wimbledon - IBM Bunker

Website security is paramount: the above shows part of the security team of engineers who keep an eye on the IBM cloud servers around the world to ensure “digital Wimbledon” stays up 24/7.

One of the amazing things about the IBM Bunker is that it exists only for the fortnight of the Wimbledon Championships. All that tech, all that engineering skill, all that talent, it comes together in Wimbledon each year for less than two weeks.

Yet it’s part and parcel of what IBM delivers to its primary customer, the All England Lawn Tennis and Croquet Club which owns Wimbledon, and in turn the broadcasters and others who produce the content that you see (and interact with) on your TV, computer, mobile device, etc. Not only that, IBM also provides the players with data insights on their quality of play and more that enable them to analyse their performance in every match. That must be exceptionally useful and valuable to them.

And I heard about and saw a great deal of IBM Watson, what IBM describes as “a cognitive system that enables a new partnership between people and computers that enhances, scales and accelerates human expertise.” I think of it as a sort of a digital Mechanical Turk that answers questions when you type them in.

That’s not to make fun of it. On the contrary, this is sophisticated technology that does some simple-looking things quickly, and learns more every time you ask it a question. You can ask relatively simple tennis-related questions – eg, “when is Andy Murray’s next match?” – and get an answer pretty quickly. Sam told me that the plan is to develop Watson so that TV commentators and others can ask it anything related to what they’re talking about at that moment, to dig up myriad facts, with relevant context.

Smart stuff.

We continued our tour with a conversation with some of IBM’s social media team, which opened my eyes (ears) to the importance and measurable value of the strategic use of social media where data analysis leading to valuable insights is paramount. It also demonstrated clearly to me that if you are to deploy social media in your business, you really must have the right skilled and talented people who can measure it and interpret outcomes – the missing link I see too often in some companies large and small.

During our bunker tour – and, indeed, for much of our overall time at Wimbledon – my host Andrew Grill video-recorded just about everything. So coming soon on this blog will be some additional posts with further narrative from me plus embedded videos that will give you the detail of Sam Seddon’s commentary with some fascinating insights into the detail of data analytics and social media analysis at Wimbledon, as well as additional commentary from other IBM experts.

In fact, here’s Andrew on the roof of the media centre with that camcorder!

2015 Wimbledon - Andrew Grill

It was a tremendous afternoon and I thank Andrew and Sam especially.

And we did get to actually see something of the tennis, in case you were wondering about the ticket I had clutched in my hand when arriving at the venue (as shown in Andrew’s tweet, above). Not seated in any of the courts, you understand, more peeking over the shoulders of IBM’s tennis experts during their datapoint captures.

A bit like this bird’s eye view from the box on Court Number 1 which we got to just as the match between Rafael Nadal and Thomaz Bellucci ended. (Nadal won.)

2015 Wimbledon - Court No 1 bird's eye view

For different perspectives on IBM’s Wimbledon tech, here are some very good mainstream media reports on this year’s Wimbledon:

And look out for more content here with those videos I mentioned. Subscribe to the RSS feed so you’ll get those posts automatically.

All the pictures I took at Wimbledon are in an album on Flickr. All shot on a Samsung Galaxy S4. Pretty good camera on that device.

7/7 perspective 10 years on

7/7: how the day unfolded

Today marks the tenth anniversary of the July 7 terrorist bombings in London in 2005, known as 7/7.

On the morning of Thursday, 7 July 2005, four Islamist men detonated four bombs – three in quick succession aboard London Underground trains across the city and, later, a fourth on a double-decker bus in Tavistock Square. As well as the four bombers, 52 civilians were killed and over 700 more were injured in the attacks, the United Kingdom’s worst terrorist incident since the 1988 Lockerbie bombing as well as the country’s first ever suicide attack.

I was in London that day and caught up in a very minor way with the unfolding  events as I tried to get to Heathrow airport for a flight back to Amsterdam where I lived at the time. I recorded some thoughts about my experience on the train to the airport on the afternoon of that day. While my experience bears no relation at all to the horrors of the bombings and the people killed and injured, I think this 10-minute commentary contributes one individual perspective to the overall picture of what we call 7/7.

I wrote this in a blog post when I eventually arrived home that evening:

I’ve been in London over the past two days. Caught up in the chaos at Paddington station this lunchtime which, as I arrived there to catch the Heathrow Express, was evacuated because of a bomb threat. Police everywhere and hundreds of people rushing out of the station. But the massive inconvenience today resulting from my being indirectly caught up in the effects of the terrorist outrages pales into complete insignificance compared to the direct and awful effects of those outrages with more than 35 people dead and over 700 injured.

Just to put things into proper perspective.

In memoriam.

[Addition, 10.15 am] Thinking about 7/7 after I published this post, I was suddenly reminded of another perspective I heard about last month – the role of communication during a tragedy such as 7/7 in a presentation made by Chris Webb, the Strategic Communication Lead for the emergency services on the ground, so to speak, on that fateful day.

Webb spoke at the FutureComms15 conference in London last month and took us through events on 7/7 from the communication perspective.

This was a time before Twitter existed and before Facebook had moved out of the American uni dorm rooms; it would be more than another year before YouTube was acquired by Google and began to really catch on. Social media in 2005 meant blogs, a  nascent form of media that was already getting increasing attention.

So in a crisis, a tragedy, like 7/7 there was mostly what we call today the mainstream media and all the processes and procedures that will be familiar to anyone who was a communication practitioner in the 90s and early 00s and knew about crisis communication.

How different such a landscape would be today with social media as a key part of the media mix.

Watch Chris Webb’s complete presentation in this video.