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Craigslist

I’ve been following the Craigslist/PadMapper news.    As the situation has unfolded to include 3Taps,  Craigslist suing both companies claiming all sorts of legal infractions including the assertion that the User Generated Content on Craigslist is now owned by Craigslist (per the rights claims in the Terms of Use) citing those terms as:

“Any access to or use of craigslist to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with craigslist (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.”

I have to remind myself that this is ‘Craigslist’ that ‘hippiesque’ community postings hub.   BUT reading this I am reminded that it is a corporation and compared to PadMapper and 3Taps it is an ’800 pound gorilla.’   Nothing demonstrates that better than this language quoted above from their TOS and their lawsuit.  How can they not see how these terms are in direct conflict with the desires of their huge community of users.  Put simply,  the legal posture misses the forrest for the trees.  The community (Craigslist CUSTOMERS) get this,   of Digital Trends writes:

All that said, putting sites like PadMapper out to pasture is incredibly, incredibly anti-consumer. And it means that Craiglist has two choices: Either allow the likes of PadMapper to exist, or massively update your platform. I’m in favor of the former — slap a licensing fee on interested parties for all I care, and those that are truly getting traffic thanks to the database that Craigslist has created will pony up the cash. Sure, you’re feeding your competition in that scenario, but unless you’re willing to redesign your site for a pleasant and successful user experience then you may as well demote yourself from consumer-facing application to platform.

As something of a short term (but maybe long term) solution, PadMapper is promoting its own service, PadLister, where you can list a home for free on the site. The entire debacle is getting so much hype that PadLister’s name is rising. Considering the angry mob ready to charge with virtual pitchforks, this could easily have a negative effect on Craigslist.

It sounds childish to say this, but you’re being plain mean to users, Craigslist. Your site is chock-full of data I need, but your interface is an exercise in torture. Either give me the tools to effectively use your site or allow someone else to do it.

Craigslist is fundamentally about community, it’s success is because of community support and now it is biting the hand that feeds it . In the wake of this news and community uproar, I wondered if Craigslist would respond to their community,  attempt to mitigate this community relations disaster.  Perhaps  engaging with them to address complaints about the outdated platform.

Given the community uproar Craigslist’s lawyers ought to be urging their executives to ‘make love not war!’  Not so.  Yesterday, Craigslist ‘upped the ante’ by sneaking the following exclusive license clause in Craigslist posts:

Clicking “Continue” confirms that craigslist is the exclusive licensee of this content, with the exclusive right to enforce copyrights against anyone copying, republishing, distributing or preparing derivative works without its consent.

In his blog post, Jonathan Berger writes:

I don’t remember seeing this before at the bottom of the Craigslist posting form. I’m guessing this is the result of the Padmapper debacle?

Claiming an exclusive license over user content is, until yesterday, unheard of and, in this case,  it is just dumb.    Moreover, sneaking in terms, after the fact, is plain wrong.  By doing this, Craigslist made it clear that they have officially moved to the dark side.

From a legal perspective claiming ownership (exclusive license) of the content copyright would make sense if there was a copyright to claim.   You can’t copyright facts so in a classified ad perhaps the only ‘copyrightable’ content is the descriptive wording of the ad .  The  ‘substance’ such as price, rooms, location (in the case of rental listings) is not subject to copyright.  Put simply, dumb move all the way around!  Timothy Lee of Ars Technica wrote an excellent analysis which concludes with the following insight:

“Craigslist fails to recognize that its users gain value by having their advertisements widely distributed and searchable. Instead of working to benefit its users by developing new, innovative features itself or encouraging third-party developers to do the same, Craigslist believes it can retain its strength in the market simply by clinging to its user’s content in a Gollum-like fashion.” 

By standing with the interests of their community, Craigslist could benefit on the business side, too.   As it stands, they are giving up a tremendous opportunity for additional revenue.  As a user of Craiglists’ free service I would gladly pay a small fee to have my listing distributed more widely on other networks. Craigslist could have additional revenue from it’s users and additional revenue from partnering agreements with other networks by becoming a data broker on behalf of their listing users.

I know that this situation will likely be discussed at business schools and maybe it will even be written up as a business case study, in the future.   Depending on the outcome of the litigation, the litigation claims may be discussed in law schools.  It is unlikely that the discussion at the business school will be anything like the one at the law school.   Unfortunately, both will miss the point, that in their zeal to win they are really losing.

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A question of intent

The concepts behind Facebook’s rumored “WANT” button are rooted in the idea of the “intention economy” and are generalizable beyond the Facebook ecosystem. Both customers and enterprises, using today’s existing infrastructure and conventions, can create and listen for intention signals using open, lightweight mechanisms, with customers creating those signals and enterprises listening for them. The approach described here outlines one such mechanism.

The Facebook “WANT” button is the canary in the coal mine for the “intention economy”

On June 27, 2012, blogger Tom Waddington discovered that Facebook had included the ability to create a “WANT” button in its software development kit (SDK). According to reports from Waddington, as well as others including Inside FacebookGizmodoVentureBeat and Mashable, the button will be a way for individuals to indicate their desire to purchase a product.

Inside Facebook had the following to say:

“Just as the Like button allowed Facebook to collect massive amounts of data about users’ interests, the Want button could be a key way for the social network to collect desire-based data. A Want button plugin will make it easy for e-commerce and other sites to implement this type of Facebook functionality without having to build their own apps.”

The fact that Facebook may be testing the “WANT” button is the clearest indication to date that we are on the path to the “intention economy.” Doc Searls has described the intention economy as “an economy driven by consumer intent, where vendors must respond to the actual intentions of customers.” Others, such as John Hagel, have stated that this thinking around the intention economy “is a graphic demonstration of the shift from push to pull that is disrupting our business world.

The “WANT” button, however, is hobbled by the fact that it only works in the Facebook ecosystem and, more importantly, appears as if it’s going to require a non-trivial bit of work to implement. Additionally, the “WANT” button is 100% driven by vendors who are selling items – if the vendor hasn’t indicated through a bit of arcane code that the “WANT” button is available for an item, the button will not appear. There is no way for an individual to initiate the conversation around desire for an arbitrary product or service.

Although definitely a step in the right direction, indicating interest through the proprietary “WANT” button within Facebook is a relatively coarse-grained way for a customer to signal intent.

Internet culture has already created conventions for signaling

That said, there are other pieces of the intention puzzle already in place that can be used. The expression of intention is, at its core, a signal. For the past few decades in particular, however, most of the “signaling” between vendors and customers has come from the vendor in the form of advertising, PR and the like. (In fact, one could argue that the whole discipline around creating “messaging platforms” for large enterprises is, at its core, an attempt to create clear, differentiated signals from the vendor side.) However, as more customer-driven publishing and communication methods have been created, first with blogs and more recently with customer-created conventions on top of proprietary platforms such as Twitter, Facebook, Instagram and Pinterest, individuals have started to introduce their own signaling mechanisms into the fray. Here are two examples:

The hashtag (#) is a signal of topic, organization or keyword. For instance, including a hashtag of #bacon in a post or tweet makes it easy to search for posts that are about bacon.

In the example above, the #bacon hashtag makes it easy to find this post.

The interesting thing about the hashtag construct is that is was created organically. It wasn’t created by a committee, it wasn’t designed by an organization, it wasn’t created as part of a marketing campaign. The hashtag was simply proposed by Chris Messina (@chrismessina) in a single tweet in 2007 as a way to easily find related conversations about BarCamp that were happening online at that time.

You can learn more about the history of the hashtag here.

Since then, the humble hashtag has become the de facto signal that the text that follows it is related to a topic or is a concept of importance to the author of that post. In contrast to the “WANT” button, which needs to be supported by Facebook and explicitly supported by the vendors of products or services that a customer might “want,” it’s important to note that there is no central organization that creates or approves hashtags. Hashtags follow the “NEA” protocol of the open internet:

 

  • Nobody owns them
  • Everybody can use them, and
  • Anybody can improve them

The NEA concept is important. If something conforms to NEA, it can scale, grow, evolve and morph as a market evolves, without constraint. This enables the possibility of a very fast, very efficient process of innovation and improvement.

If the hashtag is a signal of topic and organization, then the at-reply (@reply) is the de facto signal of social connection. The at-reply convention has evolved to signal that the message contains information that is of particular interest to a particular individual or entity.

Lou really, really loves Zappos and wants to make sure that Zappos knows it.

Like the hashtag, the concept of an “at-reply” evolved organically, though a conversation of individuals on Twitter. You can learn more about the history of the at-reply here.

Sometimes these conventions get combined. For example, Micah Baldwin (@micahproposed the concept of a “Follow Friday” online event, when he sent a tweet and named a number of individuals with the at-reply notation. In doing so, he started a ritual that many people invoke every week on Friday. Now, every week tens or hundreds of thousands of people recommend others in their networks as individuals who are worthwhile to follow on the Twitter service using the #followfriday and #ff hashtags coupled with those individuals’ Twitter handles.

Although both the hashtag and at-reply conventions were initially invoked on Twitter, they are concepts that are platform agnostic at their core. Since then, both concepts have jumped to other platforms including Facebook, Pinterest, Instagram and Google+, underlining the fact that useful, simple solutions to individuals’ needs are not constrained to any one technology silo.

A question of intent

In the same way that the hashtag is a signal of organization and the at-reply is a signal of connection, the question mark (?) could be a signal of intent. For example, including ?rentalcar in a post could indicate that the poster has intent to procure a rental car, the inclusion of ?flight could indicate that the poster is looking for airfares for an upcoming trip, and so forth.

The first example of this I’ve seen in the wild occurred earlier this week.

For vendors, this approach triggers a number of things, the first of which is that it turns on a lead-generation mechanism with extremely high fidelity. If an individual has explicitly stated intent via this mechanism, that individual is the hottest possible prospect. This mechanism is beacon to vendors: “Here is a customer who wants to buy what you’re selling.”

Organizations are already using tools such as Radian6, Sysomos, Attensity, and even free tools such as Tweetdeck and basic Twitter search to seek out individuals who are mentioning their brands. The extension of those listening efforts to additionally listen for intent signals of this type are nominal. (Listening tools like NeedTagger are already starting to move in this direction.) From the customer’s side, there is a similarly minimal learning curve required. Anyone can state intent in this manner using existing tools in a matter of moments.

We saw that explicit technical support for concepts such as the hashtag and at-reply did, after a period of time, eventually become a part of the systems upon which they were built. It is a similarly straightforward effort for platforms such as Twitter, Facebook and Pinterest to support this question mark based notation for intent. In doing so, those platforms would be also able to generate highly valuable trend information on the types of intention signals that are “trending” across various geographies and demographics, in the same way that Twitter and Google+ today highlight trending topics within their services based on the frequency of use of particular hashtags.

A statement of permission

There’s a flip side to this idea of unambiguously indicating intent with a statement such as ?flight. By explicitly indicating intent, an individual is indicating interest and is also explicitly giving permission for vendors to contact them. This is the grail for marketers. In the current state of affairs, there is still a huge differential between what vendors, advertisers and publishers of information believe that a particular individual is interested in, and the actual reality of the situation. We’ve all received “targeted” ads on social platforms that are so off the mark to be laughable. With clear intention signals, however, that guesswork is reduced to near-zero; the interaction is all signal and no noise. (Huge kudos to @lisastone for this insight on how the flip side of intention is permission.)

So…what do folks think about using the ? as an indicator of intent, in the same way that we’ve used other signaling mechanisms as noted above?

This post originally appeared at http://socialcustomer.com

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Free vs. Followed

grasped hand The fight between the free market and the followed market is about to begin. And the way to bet is on the free market, because it’s what we know works best. Also because the followed market is nuts.  It only persists because it’s normative at the moment, and an enormous sum of investment is going into improving what’s most nuts about it: following people around and constantly guessing at what they might want (or trying to make them want something some algorithm thinks it might be able to make them want).

Let’s look at those norms a bit more closely. In the followed market, we —

  • Maintain separate logins and passwords for every site and service with which we do business, which might number in the hundreds
  • “Agree” to terms of service and privacy policies that we don’t bother to read because we have no choice but to accept them if we want to use the offered services
  • Acquiesce to stalking by sites and their third parties, even as we travel out of those sites and around the Web

In the physical world where the free market remains defaulted, you are free to be who you say you are (or to remain anonymous — that is, nameless in the literal sense), and to arrive at whatever terms are agreeable to you and the sellers you engage, with minimal coercion. This is what we enjoy when we walk through a bazaar, down Main Steet, or through a shopping mall. We don’t have to become a member of Nordstrom, or Trader Joe’s, The Container Store, or the corner grocer, to shop there, or to buy anything from them. And, when we do, we usually assume that we are not being tracked by the store after we leave.

In the followed market, we are free to choose between captors who make all the rules. Our personal identity is the separate one we have with each of them, and which they administrate. Our relationship with each of them is fully contained within their separate silo’d systems. Worst of all, we are stalked after we leave, as a matter of course. “Social” sites such as Facebook aid in surveillance by making it easy for us to spill all kinds of personal data — about ourselves and our contacts — when we “login with Facebook” elsewhere.

And its getting worse.

On July 30, 2010, The Wall Street Jounal inaugurated its What They Know series (http://wsj.com/wtk) with The Web’s New Gold Mine: Your Secrets, by Julia Angwin. Here were the key findings she reported:

• The study found that the nation’s 50 top websites on average installed 64 pieces of tracking technology onto the computers of visitors, usually with no warning. A dozen sites each installed more than a hundred. The nonprofit Wikipedia installed none.

• Tracking technology is getting smarter and more intrusive. Monitoring used to be limited mainly to “cookie” files that record websites people visit. But the Journal found new tools that scan in real time what people are doing on a Web page, then instantly assess location, income, shopping interests and even medical conditions. Some tools surreptitiously re-spawn themselves even after users try to delete them.

• These profiles of individuals, constantly refreshed, are bought and sold on stock-market-like exchanges that have sprung up in the past 18 months.

The new technologies are transforming the Internet economy. Advertisers once primarily bought ads on specific Web pages—a car ad on a car site. Now, advertisers are paying a premium to follow people around the Internet, wherever they go, with highly specific marketing messages.

On the 17th of this month, in Online Tracking Ramps Up, Julia begins,

Online tracking on 50 of the most-visited websites has risen sharply since 2010, driven in part by the rise of online-advertising auctions, according to a new study by data-management company Krux Digital Inc.

The average visit to a Web page triggered 56 instances of data collection, up from just 10 instances when Krux conducted its initial study, in November 2010. The latest study was conducted last December.”The main reason for the difference is live online auctions of data about you:

Krux estimated that such auctions, known as real-time bidding exchanges, contribute to 40% of online data collection.In real-time bidding, as soon as a user visits a Web page, the visit is auctioned to the highest bidder, based on attributes such as the type of page visited or previous Web browsing by the user. The bidding is done automatically using computer algorithms.

On June 26, the Journal published On Orbitz, Mac Users Steered to Pricier Hotels, by Dana Mattioli, who writes,

The Orbitz effort, which is in its early stages, demonstrates how tracking people’s online activities can use even seemingly innocuous information—in this case, the fact that customers are visiting Orbitz.com from a Mac—to start predicting their tastes and spending habits.

Imagine walking with a friend down 5th Avenue in New York and attempting to have a conversation about the totally different scenes both of you see when you look into the stores you pass or enter together. One of you sees hats in a store window while the other sees shoes. One sees a door where the other sees a wall. One sees a counter of candies while the other sees an aisle of garden tools. When one of you pauses to look at the cosmetics counter, the colors of lipstick suddenly change, because the store — or its third parties — know it’s you and start making guesses about what you might want, or that the companies paying for shelf space in the store hope to make you want. When the other looks at the store directory, she finds that the departments have been re-arranged. Now the shoe department is to her right when it used to be to the left. The dress shoes are now in the back, and all of them are red and black. Athletic shoes are now in front, because she paused to look in the window of a sporting goods store back up the street.

Whether or not this kind of personalization works is beside a more essential point: that in today’s online marketplace we are being followed constantly, with at most only our tacit approval. Without the conscious involvement of fully human customers, operating as free and independent actors possessing full agency, the online environment has gone insane. That is, without coherence, or grounding in reality. It makes sense only to the vendor’s side of the marketplace, and even there it’s not fully together. Writes Julia Angwin in her most recent story,

More than half the time, Krux found that data collectors were piggybacking on each other. For example, when a user visited a website that had code for one tracking technology, the data collection would call out to and trigger other tracking technologies that weren’t embedded on the site. As a result of such piggybacking, websites often don’t know how much data are being collected about their users.

‘It may be the first medium where the buyers have more information about the price, the value and the amount of inventory than the seller,’ said Krux President Gordon McLeod.

In the free market, as it has been understood since our ancestors first traded shells for seeds, certain things are stable and well understood. These include not only the physical nature of locations, but social norms and protocols for interacting with each other, which begin with the assumption that the other party is a free, independent and sovereign being who controls what is public and what is private about themselves. (Which is why, for example, we tend to wear clothes in public and live in enclosed spaces.)

In the free market it would be absurd for a guy from a store to put a hand in your pocket and hold onto your leg while you walked around, saying “Don’t mind me. I’m just here to see what you’re up to. Actually I don’t want to know your name, but just to track what your body is doing so you can get the best advertising and product offerings, based on what some machines think at the moment would be best for you and for us. It’s for your own good.” Or, more literally, to do the same with an invisible robot tick that attaches to your body and sucks out your data. But in the followed market, that stuff is normative in the extreme. And it works well enough, so far, at least for the advertisers and their intermediaries, that it persists in spite of its absurdities.

The followed market will fail not only because it is absurd and offensive to human sensibilities, but because it is not as effective as the kind of simple human interactions we were all built for in the first place. We don’t have those online yet — not in the commercial space comprised of billions of competing silos. But we will. Count on it. The Web we know is just seventeen years old (dating back to the first graphical browsers in 1995).

In a general way, what the free market still lacks online is a build-out of capabilities on the customers’ side to match the build-out of capabilities on the vendors’ side. That’s what ProjectVRM has been working toward for the past six years. The result so far is a growing list of developers, projects and prospects for major breakthroughs in customer capacity to assert independence, establish privacy boundaries, and deal with vendors as self-empowered equals and not as vendor-defined and -controlled dependents.

Customer Commons’ mission is to preserve and improve the free market, both online and off, by helping customers become free and independent participants in that market. So, while ProjectVRM remains focused on development and developers, Customer Commons is focused on putting those developments to work for customers — and for giving customers a way to participate in that development, and to lead it forward.

And we welcome your help with that.

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