False mean

Posted on February 11, 2010 by Lew

I never get tired of this cartoon. It reminds me what being a Sensible Moderateâ„¢ is not at all about.

The latest proposal for the foreshore and seabed is PC gone mad — put it in the public domain, but not really the public domain per se, and everyone’s happy. Or not unhappy. Hopefully. And if they are, they’re just being unreasonable.

It’s blending half the kittens in order to avoid tackling the complex and painful political and historical problem which the issue represents. It’s the cop-out option which aims to offend nobody, but really only achieves that goal on the surface. It’s like a butchered mihi delivered by someone who’s not really well-meaning but wants to appear so, ignorant of the fact that wairua matters.

This has Peter Dunne’s fingerprints all over it, and he’s the one tying himself in verbal and conceptual knots: “no one owns it but we all own it and so therefore we all have an interest in it”. The unnamed sources are no better, arguing that since there are no rights, “everyone’s rights are protected.” You couldn’t make this up.

The trouble is that MÄori — and the mÄori party in particular — don’t just want everyone to get along; they want their historical claims to the takutai moana tested and upheld, or negotiated to mutual satisfaction. This will necessarily include some positive determination as to the ownership status of those stretches of land and sea, from which will derive other rights — to development, to exercise kaitiakitanga, and so on — which can and should be negotiated on the merits of the original determination. This proposal commits a similar legal fallacy to the Foreshore and Seabed Act, in reversing the legal test as to customary title. Prior to the FSA all land was presumed to be in customary ownership unless alienation could be proven — the FSA reversed this, forcing claimants to prove that their rights to the foreshore and seabed had not been alienated. To be satisfactory to MÄori, any resolution must address this change, and either provide recourse to that pre-existing legal framework, or a negotiated framework which satisfies all parties. MÄori don’t want a Clayton’s solution in which they gain nothing except by losing slightly less than the Foreshore and Seabed Act took away, while things literally do not change for PÄkehÄ.

Let me be clear, though: I don’t so much mind the function of the proposal as its justification. I prefer Hone Harawira’s proposal — full customary title, inalienable, with guaranteed access for all New Zealanders in perpetuity — but recognise that this is probably too ambitious in reality. A solution which mimics public domain in function while resolving the question of customary title could work. But this isn’t such a proposal. There is no short-cut, no easy way out of this. It’s time for both major parties to stop avoiding this fact, and face up to the responsibilities — and the opportunities — these historical times present.

Update: Yikes, even Marty G sort-of agrees with me!

The “I” thing

Posted on February 9, 2010 by Lew

As much as there are great expectations on John Key’s statement to Parliament today, the pressure on Phil Goff is only slightly less. He may not have the responsibility of running a country, but that’s the problem: little or nothing indicates he will have a country to run in the foreseeable future, the optimism of the activist left notwithstanding. Goff’s reply needs to be a game-changer; it needs to reframe the past year, foreshadow the coming “middle year” when the policy engine runs at full noise, and it needs to demonstrate that Goff has got some game and is willing to bring it.

It looks like Labour have just such an event in mind, but I have substantial misgivings about Goff’s planned reply to Key’s throne speech.

If the article in the Sunday Star Times is to be believed, the speech’s greatest asset will also be its greatest weakness: it’s to be delivered in the first person. There’s going to be a lot of “I have failed to” and “I should have” sort of statements coming out of Goff’s mouth which will undoubtedly be taken out of context, and on a more subtle level, it will reiterate the fact that Goff is in a pretty impotent position at present. Labour is disconnected from key constituencies, and there remains a perception that it still doesn’t really get why it lost. People will more naturally associate “failure” and “sorry” and so on with Labour than with National. The task of this speech and the coming months is to turn that around, but it will be hard work to sufficiently remind the audience that these things relate to Key rather than Goff himself, given that they’re coming from Goff’s mouth and because it runs counter to the established narrative about Key and what people want to believe about him.

He’s staking his own personal and political appeal against that of the PM. It’s a big risk, but hey, boldness is what’s needed. It’s not as if Goff has much to lose, and if he can make it work, it has potential to reframe the debate from being about the opportunities of the future to the missed opportunities of the past.

Death is not the end

Posted on November 25, 2009 by Lew

A curious post from Marty G at The Standard, who asks: “as newspapers die?” This is part of a wider debate about the future of the media, which I’d like to expand beyond just newspapers. As a caution to those who would conflate ‘newspapers are dying’ with ‘the media is dying’, I would suggest that the demise of the mainstream media is, in words incorrectly attributed to Mark Twain, greatly exaggerated. Fundamentally this comes down to the following:

1. If people care about it, it can likely be profitably monetised.
2. If it can be profitably monetised, big business will eventually come to dominate it.
3. The existing newsgathering infrastructure, brand authority, networks, subscriber bases and institutional expertise are still held almost exclusively by big business.

Big business may not be good at innovating, but it is very good indeed at buying innovation and covering the last mile. That’s what it’ll do, and in some cases, what it’s doing already.

There will be changes — in terms of how content is created and distributed, to the revenue model and in particular to the specific media consumed — but fundamentally the mainstream news media will continue to do what they do, which is tell people what they need to know.

The media do not predominantly provide consumers with a good — news or information or something to wrap fish and chips in or something to watch while eating dinner) — rather, they provide a service — a filtering system which sieves out and highlights the things which people need to know to function in their social and professional and ideological worlds. There’s already more news and information out there than anyone can possible pay attention to. We all have our preferred filtering systems — The Standard and Kiwipolitico are two; who you choose to follow on Twitter is another; whether you wake up to Morning Report as I do or Marcus Lush or The Rock or Southern Star, you’re relying on those sources to give you the information you need to function competently in your world that day, and in the days to come. This is the Ralph’s Pretty Good Grocery principle: “If you can’t find it at Ralph’s, you can probably get along (pretty good) without it”. At present, mainstream media filtering models are more advanced than they’ve ever been — but extremely crude by comparison to the sorts of models employed in new media.

Adopting the filtration models which are being developed in new media will require media companies to adopt some of those media forms, and abandoning the old forms. To take one thing (there are plenty of others) which newspapers, radio and television don’t really do at all: interactivity. So we’re going to see things become more interactive, and that interactivity become part of the filtration system. This is how Google’s advertising functions: your usage choices are a source of data about you, and that data is a pretty good predictor of what you’ll click next. That’s good for advertisers, because it offers them a chance to sell you stuff you might want, and it’s good for you, because of all the zillions of pieces of media out there in the world, it allows a media provider to better determine which are more likely of interest to you.

We’ll also see much more device integration, and in particular the development of e-reader hardware which acts and behaves like paper, and the development of news products which use that hardware to mimic newspapers in function — providing the visual grammar of headlines, columns and images on a broadsheet or tabloid page, a form which is very highly developed and so well-understood as to barely be considered a semantic form any more (like continuity editing, or 4/4 time) — but which is almost entirely absent from existing internet news media. I understand that Apple Computer has on order a couple of million high-resolution low-power 10-inch touchscreen LCDs to make a next-generation reader device for market in the next 12 months or so.

But these things are largely cosmetic. Overall, the fundamental nature of the media market will not change. Some of the big companies might die or fall apart, but they’ll be replaced. It won’t be independents and startups for ever, and there will never be a persistent community-of-knowledge citizen-journalists-ruling-the-roost utopia such as many in the blogosphere so desperately wish for (because it would allow them to quit their jobs and get paid for doing this full-time). The main reason for this is that news costs money, whereas opinion (i.e, 90% or more of bloggery) is mostly free but is reliant on news. The money for the news machine comes from the interesting fact that, in the commercial media industry, the ‘product’ and ‘consumer’ are the reverse of what most people think they are. The ‘product’ is not programmes or articles or news (that’s a service); and the ‘consumer’ is not the person reading, watching or listening. That person — you, and me, and everyone else who consumers the media — is the product, and the consumer of commercial media services is the advertiser whose products you also consume. The media, by functioning as an effective filtering system, serves you up content you want and serves up your eyeballs, earholes, networks and ultimately your wallets to advertisers who pay the media handsomely for doing so. Everyone wins — or at least, everyone goes away thinking they’ve gotten a good deal. This model, at a fundamental level, is not under threat, because there is no other ready means of monetising news. That’s not to say it will always be so. It’s possible that a media business model will emerge which doesn’t rely on advertising, but one way or the other, someone is paying, and if it’s not the advertisers paying for you, then in all likelihood it will be you paying for yourself. How much would you pay? Would that be enough? These are real questions, because talk might be cheap, but news ain’t.

Half-baked

Posted on August 10, 2009 by Lew

Paint your roof white, Marty G urges, and save the planet:

Just painting the dark roof of a 100m2 house white offsets 10 tons of carbon emissions â€“ over half of average annual emissions per person.

If only it were that easy. Partly it is, of course – some of the gain comes from the heat being directly reflected back, and that bit still holds. But the paper refers to carbon emissions saved from people in white-roofed houses not needing to run air conditioners. That might be fine in Texas or California, or Australia but in NZ the problem set is completely different. Most people don’t have aircon, beyond the windows. Those who do probably use it for a couple of months a year, at most. A much greater problem in NZ is heating – so in NZ we should be painting our roofs dark in order to save on heating, right?

Perhaps what we need is a switchable system which can be dark or light when needed. But the lesson is a much more elementary one – house design should suit the locale.

Eagerness, again, is no substitute for thought.