Fair Use: Tragedy of the Commons

I might not be the most popular user in defending "fair use" policies, but I have to tell you there is such a thing as the "tragedy of the commons."

Without being overly literal about it, the "tragedy of the commons" is a way of describing how free access and unrestricted demand for a finite resource ultimately dooms the resource through over-exploitation.

This occurs because the benefits of exploitation accrue to individuals or groups, each of whom is motivated to maximize use of the resource, while the costs of the exploitation are distributed among all those to whom the resource is available.

As a westerner, I'll illustrate the problem by pointing to the history of conflict over grazing and water rights. Assume you are a cattle or sheep rancher, grazing those animals on open range that actually is owned by the U.S. government. Assume the market for livestock is good. Each rancher then has an incentive to add animals to the herd, increasing the intensity of grazing. At some point, there isn't enough grass to support all the animals.

Now Internet access is a shared resource, by definition. If you use a cable modem, the actual bandwidth is shared by a large number of end users. If you use Digital Subscriber Line, the sharing happens further up in the network, but the resource still is shared. "Oversubscribed," we like to say. One never provisions enough bandwidth to meet the full theoretical demand any single subscriber might use.

Basically, designers use statistics to provide enough bandwidth to meet average demand, at average times of day, and day of week, to meet the demand created by users who actually are online and using the resource at any given point.

But those statistics are based on "typical" demand. So what might be typical? For a consumer user, somewhere between one and three gigabytes of use in a month. My business use--and I am on the Web all day from roughly 6 a.m. to 8 or 9 p.m.--runs about 2.5 Gbytes a month, typically.

There always are a small number of users who "graze their cattle" vastly more extensively than the rest, creating something that might be less than a major "tragedy of the commons" problem, but clearly consuming enough bandwidth that user experience for all the other users paying the same amount of money is degraded.

"T'aint fair." There's a solution for very-high usage: buy a business plan that really offers "all you can eat" bandwidth at the level you require.

At Qwest Broadband, for example, the illustrative volume that really is excessive for a consumer user might be:
• 300,000-500,000 photo downloads in one month
• 40,000 to 80,000 typically sized MP3 music downloads in one month
• 15+ million unique e-mails each month
• Online TV video streaming of 1,000-3,000 30-minute shows each month
• 2-5 million Web page visits (approximately one every second, 24 hours per day)

Those of us who have jobs, spend time outdoors, play sports, garden, ski, raise children, go shopping, read books and so forth really don't have time to consume that much data in a month.

Some people might have to do those sorts of thing for work, but that's the point: buy business bandwidth that clearly is sold with the understanding that if you want to push the network that way, you pay more for the privilege.

So long as access bandwidth is a shared resource, there will be a "freeloading" or "tragedy of the commons" danger. Good citizenship, good manners and good neighborliness requires a little respect for other people here.

I fail to share the "outrage" of people who think they should be allowed to overgraze the commons. Nobody has a "right" to impose those costs on the rest of users who "play nice."

Windows Vs. BlackBerry in Enterprise?

A recent poll of enterprise wireless subscribers found 84 percent of respondents who do use smart phones, use a BlackBerry, according to InfoTech. Palm Treo and HTC devices trail and Microsoft OS devices, though growing fast, appear to fare no better than fourth.

But Windows Mobile finally is making inroads. "As such, the world essentially will come down to RIM vs. Microsoft in the enterprise market," says InfoTech.

More than 70 percent of respondents say email is the most important function of a smartphone, followed by Internet Wi-Fi access at 12 percent, the survey found.

More than 80 percent of respondents indicated they also use text messaging.

About 49 percent of survey respondents across all enterprise sizes said they were using wireless data card, with nearly 38 percent reporting a preference for the Verizon Wireless network.

Sprint the second-largest base at 24 percent. And speed apparently matters. Some 81 percent of respondents would switch operators to get faster speeds.

If Microsoft Had Designed GMail...

A funny spoof at http://blogoscoped.com/archive/2007-11-20-n35.html

SME VoIP Still a Challenge

Plenty of challenges continue to face successful providers of hosted or premises-based VoIP services. In its most recent survey of IP communications demand in the small and medium business market, Savatar Research found some “good and bad news and some that is disturbing,” says John Macario, Savatar president.

“We were expecting a bump in the market, based on the last three years of work, or at least a growth rate consistent with the past,” he says. “The bad news is that adoption is flat.” There’s not a lot of growth, he says. SME adoption is stalled at about 17 percent.

“There’s increasing frustration among SMEs,” who apparently haven’t yet gotten the message about benefits, which are clear enough based on feedback from executives who have purchased and use IP communications products and services.

It isn’t that SMEs are buying legacy phone systems. They just are not moving. They’re “just sitting on what they’ve got.” And that’s true both for premises phone systems and hosted offerings, Macario says.

All of which suggests many service providers who don’t know how to serve the market, he notes.

Macario says there is some evidence that buying might even have slowed over the last year. For those who have purchased IP communications products or services, “more than 70 percent purchased more than one year ago,” Macario says. “Only 12 percent have purchased between six months to a year ago.”

“About 15 percent have bought last six months,” he says.

The good news is that “the buyers are insanely happy,” Macario notes. About three quarters of respondents say they have gotten economic benefit while 75 percent say the systems are much easier to manage.

About 84 percent say the quality of their IP systems is as good or better than their old systems. The same percentage say the IP systems are as good or more reliable than the old systems.

As you would expect, 82 percent say the IP feature set is far better. Astoundingly, 95 percent say they would recommend or highly recommend the service or system they now use.

They “really are enthusiastic,” Macario says. Among the most-used IP features is the auto attendant capability. For many SMEs, this is the first system that allows them to do so. Half of respondents say they use it. About a third use group-oriented features or informal call center capabilities as well.

About a third use find me/follow me or simultaneous ring, he adds. About a quarter use click-to-dial and the ability to integrate with Microsoft Office applications. “People are starting to explore the feature set and figure out what else they can do,” says Macario.

But it is wireless services of various types that seem to be top of mind and growing in importance. Wireless related services also seem to have huge potential for inducing churn.

Of those who have deployed some sort of IP communications capability, about 71 percent are very or somewhat interested in FMC as a desktop replacement service, if the pricing is acceptable. About 83 percent would be interested in using it as an add-on or replacement for at least some desk devices.

Asked what else they would consider buying from the same vendor who sold the IP communications service or system, about 40 percent indicated wireless was on the list. About one third would buy Web collaboration tools like WebEx or Live Meeting services.

Demand seems to be just as high even for respondents who have not bought any IP communications service or capability. About 75 percent of those who haven’t yet bought are somewhat or very interested in fixed-mobile solutions.

Some 70 percent said somewhat or very likely to switch from their wireline service to an FMC offering and 70 percent said they would switch from their current mobile provider to get the capabilities.

About 71 percent of respondents who haven’t yet bought an IP solution would be interested in mobile desktop replacement as well.

Respondents say they would be willing to consider replacing at least some desktop phones if doing do saves about 20 percent from their total communications bill.

About 35 percent of respondents say they now pay for employee use of mobiles, picking up between 76 and 100 percent of the cost of the service.

Traditional telcos also are getting more traction and mindshare in the business VoIP space, it appears. For two years, traditional phone companies have got a really low share where it comes to SME executive perception about “who” provides business VoIP servicers, says Macario.

This year, telcos moved seven points higher. About 24 percent of respondents now view telcos as providers of business VoIP. Interestingly, 29 percent said cable companies come to mind as providers of business VoIP.

Non-traditional providers fare best at smaller firms. As firm size goes up, telcos do better. In the 50 to 99 employee segment, only 20 percent say non-traditional telcos are logical providers. And note: the cable gets 22 percent of the votes in that segment category.

That might be surprising for CLEC and other executives who think cable will not get traction in the SME space. “When a CLEC or a pureplay provider knocks at the door, they want to know who they are,” says Macario. “Cable has a brand. That helps.”

Cable already has surprising share at the lower end of the broadband access market. In the one-to-four-employees segment, “about half use cable modems,” says Macario.

“Once you get up to five to 19 employees, then 11 percent have T1s,” he notes. “DSL share is 47 percent, 25 percent T1 at slightly larger firms.”

Overall, says Macario, service providers, in a broad sense, aren’t doing a good job of communicating the benefit of making a switch to IP communications.

More Personalized Digital Media

U.S. consumers across all demographics and geographies appear to be adopting digital behavior that is far more personalized, distributed and niche oriented that executives at Avenue A/Razorfish previously had thought. In fact, a recent survey of 475 consumers found that the majority are personalizing their digital experiences and sampling a wide range of niche content.

Those behaviors span recommendation engines, blogs, customized start pages, video consumption, mobile behavior and use of social media. About 60 percent of respondents have customized their home pages, for example. And 82 percent use bookmarks “all” or “most” of the time.

But there is less use of more participatory features. About 18 percent subscribe to Really Simple Syndication feeds “all” or “most of the time.” About 39 percent read “most popular” or “most emailed” links “all” or “most” of the time.

Only about 12 percent use tag clouds “all” or “most” of the time.

According to the survey, nearly 70 percent of consumers read blogs on a routine
basis, and 41 percent have their own blog, or post frequently to blogs. In fact,
46 percent of consumers who responded to the survey read four or more blogs
on a regular basis. All of that blog activity is significantly cutting into the
reach of traditional media outlets, Avenue A/Razorfish notes.

Some 91 percent of consumers rely on the Web to get current news or information, vastly eclipsing more traditional outlets such as television, Avenue A/Razorfish says.

The growing use of niche content also can be seen in respondent consumption of music and video consumption as well. Some 67 percent of consumers watch videos on YouTube or similar sites on a regular basis and 42 percent purchase music online. Avenue A/Razorfish executives conclude that online video not only is becoming more pervasive but also is affecting offline consumption.

For example, 85 percent of consumers have watched a movie preview online before going to see the film at a theater. Some 58 percent of consumers have used a service to download (iTunes) or order (Netflix/Blockbuster) films online, and 71 percent have watched a TV show online.

Consumers also appear to react positively to recommendation engines and personalized services: 62 percent of respondents have made a purchase based on personalized recommendations (by retailers such as Amazon.com) while 72 percent find such services helpful.

Broadband Changes Just About Everything

Broadband might not change everything, but it changes an awful lot for communications and content service and application providers. For starters, broadband drives a tripling of user time spent online, says Nate Elliott, Jupiter Research senior analyst. That means users already spend more time online than with print media.

To the extent that service and application providers support their business models by advertising revenue, that means more revenue for Web sites and applications, less for print vehicles.

Where a typical user might spend three hours a week with print media, users in western Europe routinely spend four hours a week online. But there’s a huge difference. About two thirds of users who are 65 or older spend more than five hours a week with print media. Users between 15 and 24 are more than 400 percent less likely to do so.

By some recent measures, user involvement with content sites has eclipsed use of the Internet for communications. At least, that’s what the Online Publishers Association says.

Jupiter analysts say that does not mean “news” is dead, or that newspapers are necessarily dead, yet. News is the top type of online content, and users are 300 percent more likely to consume news than sports or video content. And rates of consumption of print haven’t changed in four years, Jupiter says.

Without a doubt, online video consumption is getting to be quite mainstream. Last year, 22 percent of Americans and 11 percent of Europeans reported watching video regularly, with 18 percent of French respondents saying they do so regularly, says Jupiter.

Overall, the video audience has doubled since 2003, and Jupiter estimates viewership will double again by 2011.

But something might have happened over the last year. A recent survey by the Pew Internet and American Life project found that 57 percent of all Internet users, and 57 percent of users between 30 and 49, have watched online video. In the oldest age demographic, 39 percent have watched an online video.

Possibly 10 to 18 percent of older users report watching video every day, the Pew research finds.

About a quarter of younger users between 15 and 24 say they watch online video regularly and are more than 12 times more likely to watch video as users who are 55 or older. That doesn’t necessarily mean those viewers have substituted online video for legacy TV, though, as reported TV watching hasn’t changed.

The intensity of involvement might be questionable, however. About 27 percent of users say they regularly multitask, using multiple media at once.

And while some surveys suggest communication activities are decreasing, Jupiter researchers say users “spend most of their online time communicating.” Compared to dial-up users, broadband users are 57 percent more likely to use email regularly, 147 percent more likely to use instant messaging regularly and are 125 percent more likely to blog.

More than 10 percent of European users visit social networks regularly and more than 40 percent visit such sites daily. In the U.S. market, use of social networking sites is spreading to older age groups. About 35 percent of social network users are between the ages of 35 and 54.

The thing about social networks is that they are in many ways substitutes for other activities such as email, instant messaging, texting, calling or entertainment sites and applications.

And while most new online activities are disproportionately engaged in by younger users, just about every new type of activity is being adopted by older users as well.

Big Future for Location-Based Services?

Location-based services might not be a big mass market business yet, but it seems almost inevitable that they will be. You don't get the likes of Nokia and Google placing such big bets on location-based services without something developing.

ABI Research expects personal navigation devices (PNDs) will grow to a global sales volume of more than 100 million units by 2011. While dedicated PNDs will remain the preferred form-factor for use in cars, GPS will increasingly be an expected ingredient in handsets, portable media players (PMPs), ultra-mobile PCs (UMPCs), and other mobile devices, ABI forecasts.

Handset-based GPS will grow strongly in North America, reaching a sales volume of 21 million units by 2012, ABI Research forecasts.

In-Stat reaches very similar overall conclusions, though it adds digital cameras and even handheld games to the mix of devices expected to include GPS. In-Stat predicts that sales of mobile devices with integrated GPS will grow from 180 million units in 2007 to 720 million units in 2011.

In fact, mapping-related and location-related Web apps might be more commercially attractive than entertainment was expected to be. For starters, mobile Web advertising revenues in 2011 are expected to be dominated by Web and search. In fact, Strategy Analytics estimates that about 76 percent of all mobile advertising will be generated either by Web apps or search.

All of that dovetails with Google’s thinking about the advertising potential of the mobile Web. And the point is that if consumers find location-based Web apps attractive, and there is a robust advertising support model, carriers are bound to see big increases in broadband service plans, even if they don’t see similarly robust demand for walled-garden enhanced services.

Orange UK: Still Looking for Killer App

Mobile Web appears to be the most-frequently-used mobile app, according to new data from Orange U.K.(France Telecom).

Orange U.K. has 1.4 million broadband wireless customers, but the single most-used application is text messaging, which doesn't require broadband access. Orange U.K. customers send or receive about 71 text messages a day (more than 2,000 a month) but just about 4.3 Multimedia Message Service (MMS) messages a day (129 a month) for users who take advantage of MMS, and most do not.

About 58 percent of Orange U.K. customers can use MMS and six-month usage growth was 37 percent.

In the mobile search area, Orange saw about 250,000 repeat visitors each day, on a base of 1.4 million users. One might therefore estimate that about 18 percent of the base uses mobile search daily.

Orange users downloaded about 7,680 games a day across the user base, up about 3.4 percent over the last six months. Music downloads grew about 15 percent over the last six months to about 3,280 a day.

Orange mobile TV usage is said to be growing at double the management forecast, but one suspects the numbers still are fairly low, as the actual numerical results were not released. Mobile video clip downloads averaged 5,211 a day.

Downloads of logos, wallpapers and pictures averaged 3,233 a day. On the other hand, users are uploading about 23,333 photos a day to online photo albums.

So far, the story would seem to be consistent with what many would have expected: lots of niche applications but no single “killer app” beyond text messaging, which doesn’t require a 3G network. Orange U.K., like other mobile service providers, remains in a “throw it on the wall and see what sticks” mode, watching to see what apps are most compelling to users of 3G services.

So far, no other mobile carrier has discovered the elusive application that users intuitively understand and that is capable of driving 3G access. Right now, that’s the point: keep experimenting.

So far, one would have to conclude that mobile Web usage is the leading app, in terms of daily hits.

No EchoStar Purchase for at&t

at&t appears to have decided not to buy EchoStar to jumpstart its TV business, as it has boosted its dividend and launched a stock buyback program.

In total, at&t might spend roughly $17 billion in 2008 on dividends and buybacks, consuming most or all of the cash its businesses are likely to generate, leaving little to finance a purchase of EchoStar.

at&t also plans to expand U-Verse to cover 30 million households by 2010 in the 22 states where AT&T is the main local-phone company, up from an earlier target of 18 million households.

Broadband access strategy might have played a role in the thinking as well. By speeding its TV capabilities, at&t automatically creates a better network for high-speed access as well.

Make that 9 Reasons IT Won't Support iPhone

Apple appears to be working on improving the iPhone's support of Microsoft's Exchange email platform, which could finally deliver true syncing capabilities, eliminating a potential objection to enterprise adoption. At least that's what one would conclude from a new company job posting.

The listing seeks a "motivated, highly-technical Exchange test/sync engineer with excellent problem solving and communication skills."

"You will join a dynamic team responsible for qualifying the latest iPhone products," the company wrote. "Your focus will be testing Exchange and Outlook functionality with Apple’s innovative new phone."

So far, the iPhone's official support of Exchange has been limited to IMAP functionality.

The lack of full support for the Microsoft platform is commonly cited as one of the primary barriers to adoption of the Apple handset by businesses, as Exchange is widely deployed as the email solution of choice amongst the corporate world.

But there are lots of other reasons enterprise IT might not be rushing to embrace the iPhone as an officially supported device. See the post below.

10 Reasons IT Won't Support iPhone

Forrester Research has put together a really good list of the top 10 reasons enterprise technology managers will not to support the iPhone. The objections are valid and important. And somehow we think users are going to use iPhones anyway, with or without enterprise support. Some of the objections are more important than other.

But Forrester analyts also note that enterprise "C" level executives are using them anyway, so it is only a matter of time before the iPhone filters down the corporate pyramid.

1. Doesn’t natively support push business email or over-the-air calendar sync. The iPhone can sync with Microsoft’s Exchange and IBM’s Lotus Notes over IMAP and SMTP ports, but server and security administrators have to configure their infrastructure to do so or purchase a mobile gateway. The issue is "doesn't natively support" push email. People can work around that, or the email services can be tweaked. A problem, but not a really big problem.

2. Doesn’t accommodate third-party applications, including those internally developed. This is a big problem. But Apple software engineers must know this. And there are rumors Apple already is working on a software developer kit that should take care of this objection.

3. There isn't a way to encrypt data on the device. Yes, this is a pretty big problem.

4. Can’t be remotely locked or wiped in the event of a lost or stolen device. Also a big problem.

5. Lacks a hard keypad that provides feedback, which isn’t ideal for rapid and accurate input. Not a major objection, ultimately. Yes, accuracy typically is less than on a QWERTY keyboard. But this is an irritant, not a show stopper. And people get better at it with practice, it seems.

6. Limited service provider support and its carrier lock-in inhibits flexibility. Issues, yes, but not as big a deal as the security issues.

7. It is expensive. Well, it is being bought by consumers, who bring them into the enterprise environment, so not a direct enterprise problem.

8. Is only the first generation, and lacks 3G support. This problem fixes itself.

9. Lacks a removable battery. Definitely an irritant. Apple doesn't seem to want to sell replacement batteries. But that support isn't available for iPods either, and we have found ways to replace those batteries.

10. There are no case studies of firms that have deployed it enterpris-ewide. Sure, IT will say this, but it isn't a major objection, ultimately.

One reason the iPhone probably is used in smaller businesses is that people don't have all those custom apps to support. And we are entering an era where maybe there are some devices and apps that IT will simply say it won't support, but users can buy them and do their own support. Younger users will do that. Even some of us older users will do so.

Really, its is the security and support for proprietary enterprise apps that are the real barriers.

Qwest to Reinstate Dividend

Qwest Communications will issue its first dividend since 2001, setting a recurring quarterly payout to shareholders of eight cents per share. In some ways, the move represents the final end to the "dot bomb" and telecom crash of the early 2000s.

Zayo Buys Citynet Fiber Network

Zayo Group is acquiring Tulsa, Okla.-based Citynet Fiber Network, the wholesale division of communications provider, Citynet. CFN will become part of Zayo Bandwidth, Zayo Group's fiber based bandwidth business unit.

The CFN network has 8,500 route miles of fiber covering 57 Tier I-III markets in 10 states. The company's on-net buildings encompass many major carrier locations like local exchange carrier central offices, carrier hotels and wireless mobile switching centers.

The transaction is acquisition number six for Zayo, and part of the continuing consolidation trend in the U.S. metro access space.

Conflicting Regulatory Silos Keep Popping Up

One of the problems everybody faces as we move increasingly to a world of IP-enabled communications, information and entertainment is that a growing clash is occurring, piecemeal, between historically-distinct regulatory silos. Whether we can stumble forward forever, without acknowledging the end of regulatory silos, as well as technology or industry silos, remains open to question.

The problem is simply that different sorts of activities and businesses are governed by distinctly-different frameworks. Magazines and newspapers, for example, operate under First Amendment "free speech" rules and have virtually no "common carrier" obligations.

TV and radio broadcasters operate under different rules, with more limited "free speech" rights (broadcasters do not enjoy unrestricted rights to transmit any sort of content). Cable TV regulation is more akin to broadcasting than telecom regulation, but there are some tax and local franchising rules that are more akin to common carrier businesses.

Telecom companies operate under the most-restrictive rules, with legal requirements to interconnect with other telecom service providers and deliver their traffic. Data services and content generally have been immune from these rules, though. That's why the Web, and Web content, have developed essentially as a zone of freedom.

Of course, in the U.S. market there is more talk about "network neutrality", a troublesome issue not because of the immediate implications some attribute to it, but because it is just one more examples of how the old "silos" of regulation are breaking down, and becoming intellecutually incoherent in a world where media, TV, radio, music, talk, testing, Web surfing and data communications all occur over one physical pipe.

Should that not require some harmonization or revamping of the fundamental regulatory regimes each of the media types up to this point has enjoyed? And here's the crux of the matter: how does one square first amendment, "zone of freedom" rules historically applied to newspapers, magazines, data services and the Web, with common carrier rules applied to telcos, or the quasi-regulated broadcasting industry?

The fact that delivery modes change does not alter the zone of freedom newspapers, magazines and other media, even "Web media" are supposed to have. And the U.S. courts have ruled that corporations do possess rights of free speech as well. So the issue is whether the zone of freedom is expanded or contracted as multiple media types are delivered over IP pipes.

So it is that some consumer and public advocacy groups are urging the Federal Communications Commission to declare that "short code" text messages deserve the same nondiscriminatory treatment by telephone carriers as email and voice messages.

So are "short codes" advertising, a direct response mechanism, or are they "speech." And whose "speech" rights are supposed to be protected? Those of the speaker, as the early founders seemed to think, or the rights of the "listener," as jurists increasingly have argued over the past 50 years or so?

The issue is more complicated than sometimes positioned. Text messaging services might include a "zone of freedom" in terms of what is said. But note that the freedom is for the speaker. But who is the "speaker" whenever we are looking at media?

The Washington Post might not accept advertising from its competitor, the Wall Street Journal. Verizon Wireless might not accept ads from Sprint or T-Mobile. Cable companies don't take ads from telephone companies marketing competing services. In those cases, rights of speech are exercised by a "speaker." A TV, cable or radio network has the right not to allow speech (advertising also is speech) to be paid for and transmitted.

The fundamental problem is that as IP pipes carry virtually all communications, information and entertainment, we are going to see more disjointed efforts to regulate "unlike" things in "like" ways. That will be the corollary to regulating "like" things in "unlike" ways.

at&t Renegotiates Yahoo Deal

at&t says it is close to renegotiating a contract with Yahoo Inc. that undoubtedly will result in Yahoo earning less money. Under the current deal, Yahoo earns as much as $250 million a year of revenue. The renegotiation is expected to affect other deals Yahoo has with other telecom service providers.

The renegotiation is a reminder: large telcos often partner with other entities when entering a new market, and sometimes move slowly in those markets. That doesn't mean the relationships are stable. Ultimately, as they acquire the skills they believe they need, and scale, some partners aren't so important and "value" moves back inside the service provider organization.

There sometimes is a perception by outsiders that telcos are too "dumb" or "too slow moving" to dominate new markets. On the contrary, telcos are big enough, and smart enough, to wait for markets to develop before making a move to dominate. It's a business strategy, not an indication of "not getting it."