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Revisiting IT Policy #2: Campus DMCA Notices

Under certain provisions from the Digital Millennium Copyright Act, copyright holders send a “notification of claimed infringement” (sometimes called a “DMCA” or “takedown” notice) to Internet service providers, such as college or university networks, when they find infringing material available from the provider’s network. I analyzed counts of infringement notices from the four principal senders to colleges and universities over three time periods (Nov 2011-Oct 2012, Feb/Mar 2013, and Feb/Mar 2014).

In all three periods, most campuses received no notices, even campuses with dormitories. Among campuses receiving notices, the distribution is highly skewed: a few campuses account for a disproportionately large fraction of the notices. Five campuses consistently top the distribution in each year, but beyond these there is substantial fluctuation from year to year.

The volume of notices sent to campuses varies somewhat positively with their size, although some important and interesting exceptions keep the correlation small. The incidence of detected infringement varies strongly with how residential campuses are. It varies less predictably with proxy measures of student-body affluence.

I elaborate on these points below.

Patterns

The estimated total number of notices for the twelve months ending October 2012 was 243,436. The actual number of notices in February/March 2013 was 39,753, and the corresponding number a year later was 20,278.

The general pattern was the same in each time period.

  • According to the federal Integrated Postsecondary Education Data Service (IPEDS), from which I obtained campus attributes, there are 4,904 degree-granting campuses in the United States. Of these, over 80% received no infringement notices in any of the three time periods.
  • 90% of infringement notices went to campuses with dormitories.
  • Of the 801 institutions that received at least one notice in one period, 607 received at least one notice in two periods, and 437 did so in all three. The distribution was highly skewed among the campuses that received at least one infringement notice. The top two recipients in each period were the same: they alone accounted for 12% of all notices in 2012, and 10% in 2013 and 2014.
  • In 2012, 10 institutions accounted for a third of all notices, and 41 accounted for two thirds. In 2013, the distribution was only a little less skewed: 22 institutions accounted for a third of all notices, and 94 accounted for two thirds. In 2014, 22 institutions also accounted for a third of all notices, and 99 accounted for two thirds.

Campus Type

In 2014, just 590 of the 4,904 campuses received infringement notices in 2014. Here is a breakdown by institutional control and type:

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Here are the same data, this time broken down by campus size and residential character (using dormitory beds per enrolled student to measure the latter; the categories are quintiles):

Capture2

About a third of all notices went to very large campuses in the middle residential quintile. In keeping with the classic Pareto ratio, the largest 20% of campuses account for 80% of all notices (and enroll ¾ of all students). Although about half of the largest group is nonresidential (mostly community colleges, plus some state colleges), only a few of them received notices.

Campus Distributions

The top two among the 100 campuses that received the most notices in Feb/Mar 2014 received over 1,000 notices each in the two months. The next highest campus received 615. As the graph below shows, the top 100 campuses accounted for two thirds of the notices; the next 600 campuses accounted for the remaining third (click on this graph, or the others below, to see it full size):

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Below is a more detailed distribution for the top 30 recipient campuses, with comparisons to 2012 and 2013 data. To enable valid comparison, this chart shows the fraction of notices received by each campus in each year, rather than the total. The solid red bars are the campus’s 2014 share, and the lighter blue and green bars are the 2012 and 2013 shares. The hollow bar for each campus is the incidence of detected infringement, defined as the number of 2014 notices per thousand headcount students.

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As in earlier analyses, there is an important distinction between campuses whose high volume of notices stems largely from their size, and those where it stems from a combination of size and incidence—that is, the ratio of notices received to enrollment.

In the graph, Carbon and Nitrogen are examples of the former: they are both very large public urban universities enrolling over 50,000 students, but with relatively low incidence of around 7 notices per thousand students. They stand in marked contrast to incidences of 20-60 notices per thousand students at Lithium, Boron, Neon, Magnesium, Aluminum, and Silicon, each of which enrolls 10-25,000 students—all private except Aluminum.

Changes over Time

The overall volume of infringement notices varies from time to time depending on how much effort copyright holders devote to searching for infringement (effort costs money), and to a lesser extent based on which titles they use to seed searches. The volume of notices sent to campuses varies accordingly. However, the distribution of notices across campuses should not be affected by the total volume. To analyze trends, therefore, it is important to use a metric independent of total volume.

As in the preceding section, I used the fraction of all campus notices each campus received for each period. The top two campuses were the same in all three years: Hydrogen was highest in 2012 and 2014, and Helium was highest in 2013.

Only five campuses received at least 1.5% of all notices in more than one year:

image005

These campuses consistently stand at the top of the list, account for a substantial fraction of all infringement notices, and except for Beryllium have incidence over 20. As I argue below, it makes sense for copyright holders to engage them directly, to help them understand how different they are from their peers, and perhaps to persuade them to better “effectively combat” infringement from their networks by adopting policies and practices from their low-incidence peers.

Aside from these five campuses, there is great year-to-year variation in how many notices campuses receive. Below, for example, is a similar graph for the approximately 50 campuses receiving 0.5%-1.5% of all notices in at least one of the three years. Such year-to-year variation makes engagement much more difficult to target efficiently and much less likely to have discernible effects.

image007

Relationships

Size

All else equal, if infringement is the same across campuses and campuses take equally effective measures to prevent it from reaching the Internet, then the volume of detected infringement should generally vary with campus size. That this is only moderately the case implies that student behavior varies from campus to campus and/or that campuses’ “effectively combat” measures are different and have different effects.

Here are data for the 100 campuses receiving the most infringement notices in 2014:

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It appears visually that the overall correlation between campus size and notice volume is modest (and indeed r=0.29) because such a large volume of notices went to Hydrogen and Helium, which are not the largest campuses.

However, the correlation is slightly lower if those two campuses are omitted. This is because Lithium has the next highest volume, yet is of average size, and Manganese, the largest campus in the group, with over 70,000 students, had very low incidence of 2 notices per thousand students. (I’ve spoken at length with the CIO and network-security head at Manganese, and learned that its anti-infringement measures comprise a full array of policies and practices: blocking of peer-to-peer protocols at the campus border, with well-established exception procedures; active followthrough on infringement notices received; and direct outreach to students on the issue.)

Residence

If students live on campus, then typically their network connection is through the campus network, their detectable infringement is attributed to the campus, and that’s where the infringement notice goes. If students live off campus, then they do not use the campus network, and infringement notices go to their ISP. This is why most infringement notices go to campuses with dorms, even though the behavior of their students probably resembles that of their nonresidential peers.

For the same reason, we might expect that residentially intensive campuses (measured by the ratio of dormitory beds to total enrollment) would have a higher incidence of detectable infringement, all else equal, than less residential campuses. Here are data for the 100 campuses receiving the most infringement notices:

image011

The relationship is positive, as expected, and relatively strong (r=.58). It’s important, though, to remember that this relationship between campus attributes (residential intensity and the incidence of detected infringement) does not necessarily imply a relationship between student attributes such as living in dorms and distributing infringing material. Drawing inferences about individuals from data about groups is the “ecological fallacy.”

Affluence

One hears arguments that infringement varies with affluence, that is, that students with less money are more likely to infringe. There’s no way to assess that directly with these data, since they do not identify individuals. However, IPEDS campus data include the fraction of students receiving Federal grant aid, which varies inversely with income. The higher this fraction, the less affluent, on average, the student body should be. So it’s interesting to see how infringement (measured by incidence rather than volume) varies with this metric:

image013

The relationship is slightly negative (r=-.12), in large part because of Polonium, a small private college with few financial-aid recipients that received 83 notices per 1000 students in 2014. (Its incidence was similar in 2012, but much lower in 2013.) Even without Polonium, however, the relationship is small.

For the same reason, we might expect a greater incidence of detected infringement on less expensive campuses. The data:

image015

Once again the relationship is the opposite (r=.54), largely because most campuses have both low tuition and low incidence.

Campus Interactions

Following the 2012 and 2013 studies, I communicated directly with IT leaders at several campuses with especially high volumes of infringement notices. All save one (Hydrogen) of these interactions were informative, and several appear to have influenced campus policies and practices for the better.

  • Helium. Almost all of Helium’s notices are associated with a small, consecutive group of IP addresses, presumably the external addresses for a NAT-mediated campus wireless network. I learned from discussions with Helium’s CIO that the university does not retain NAT logs long enough to identify wireless users when infringement notices are received; as a result, few infringement notices reach offenders, and so they have little impact directly or indirectly. Helium apparently understands and recognizes the problem, but replacing its wireless logging systems is not a high priority project.
  • Hydrogen. Despite diverse direct, indirect, and political efforts to engage IT leaders at Hydrogen, I was never able to open discussions with them. I do not understand why the university receives so many notices (unlike Helium’s, they are not concentrated), and was therefore unable to provide advice to the campus. It is also unclear whether the notices sent to Hydrogen are associated with its small-city main campus or with its more urban branch campus.
  • Krypton. Krypton used to provide guests up to 14 days of totally unrestricted and anonymous use of its wired and wireless networks. I believe that this led to its high rate of detected infringement. More recently, Krypton implemented a separate guest wireless network, which is still anonymous but apparently is either more restricted or is routed to an external ISP. I believe that this change is why Krypton is no longer in the top 20 group in 2014. (Krypton still offers unrestricted 14-day access to its wired network.)
  • Lithium. The network-security staff at Lithium told me that there are plans to implement better filtering and blocking on their network, but that implementation has been delayed.
  • Nitrogen. Nitrogen enrolls over 50,000 students, more than almost any other campus. As I pointed out above, although Nitrogen’s infringement notice counts are substantial, they are actually relatively low when adjusted for enrollment.
  • Gallium. I discussed Gallium’s high infringement volume with its CIO in early 2013. She appeared to be surprised that the counts were so high, and that they were not all associated with Gallium affiliate campuses, as the university had previously believed. Although the CIO was noncommittal about next steps, it appears that something changed for the better.
  • Palladium. The Palladium CIO attended a Symposium I hosted in March 2013, and while there he committed to implementing better controls at the University. The CIO appears to have followed through on this commitment.
  • No Alias. Although it doesn’t appear in the graph, No Alias is an interesting story. It ranked very high in the 2012 study. NA, it turns out, provides exit connections for the Tor network, which means that some traffic that appears to originate at NA in fact originates from anonymous users elsewhere. Most of NA’s 2012 notices were associated with the Tor connections, and I suggested to NA’s security officer that perhaps No Alias might impose some modest filters on those. It appears that this may have happened, and may be why NA dropped out of the top group.

I also interacted with several other campuses that ranked high in 2013. In many of these conversations I was able to point IT staff to specific problems or opportunities, such as better configuring firewalls. Most of these campuses moved out of the top group.

And So…

The 2014 DMCA notice data reinforce earlier implications (from both data and direct interactions) for campus/industry interactions. Copyright holders should interact directly with the few institutions that rank consistently high, and with large residential institutions that rank consistently low. In addition, copyright holders should seek opportunities to better understand how best to influence student behavior, both during and after college.

Conversely, campuses that receive disproportionately many notices, and so give higher education a bad reputation with regard to copyright infringement, should consult peers at the other end of the distribution, and identify reasonable ways to improve their policies and practices.

9|4|14 gj-c

 

Revisiting IT Policy #1: Network Neutrality

The last time I wrote about network neutrality, higher education was deeply involved in the debate, especially through the Association of Research Libraries and EDUCAUSE, whose policy group I then headed. We supported a proposal by the then Federal Communications Commission (FCC) chairman, Julius Genachowski, to require public non-managed last-mile networks to transmit end-user Internet traffic neutrally.

We worried that otherwise those networks might favor commercial over intellectual content, and so make it difficult for off-campus students to access course, library, and other campus content, and for campus entities such as libraries to access content on other campuses or in central shared repositories. (The American Library Association had similar worries on behalf of public libraries and their patrons.) Almost as a footnote, we opposed so-called “paid prioritization”, an ill-defined concept, rarely implemented, but now reborn as “Internet fast lanes”.

Although courts overturned the FCC on neutrality, for the most part its key principle has held: traffic should flow across the Internet without regard for its source, its destination, or its content.

But the paid-prioritization footnote is pushing its way back into the main text. It’s doing so in a particularly arcane way, but one that may have serious implications for higher education. Understanding this requires some definitions. After addressing those (as Steve Worona points out, an excellent Wired article has even more on how the Internet, peering, and content delivery networks work), I’ll  turn to current issues and higher education’s interests.

What Is Network Neutrality?

To be “neutral”, in the FCC’s earlier formulation, a network must transmit public Internet traffic equivalently without regard for its source, its destination, or its content. Public Internet traffic means traffic that involves externally accessible IP addresses. A network can discriminate on the basis of type–for example, treat streaming video differently from email. But a neutral network cannot discriminate on source, destination, or content within a given type of traffic. A network can  treat special traffic such as cable TV programming or cable-based telephony–“managed services”, in the jargon–differently than regular public Internet traffic, although this is controversial since the border is murky. More controversial still, given current trends, is the exclusion of cellular wireless Internet traffic (but not WiFi) from neutrality requirements.

Pipes

The word “transmit” is important, because it’s different from “send” and “receive”. Users connect computers, servers, phones, television sets, and other devices to networks. They choose and pay for the capacity of their connection (the “pipe”, in the usual but imperfect plumbing analogy) to send and receive network traffic. Not all pipes are the same, and it’s perfectly acceptable for a network to provide lower-quality pipes–slower, for example–to end users who pay less, and to charge customers differently depending on where they are located. But a neutral network must provide the same quality of service to those who pay for the same size, quality, and location of “pipe”.

A user who is mostly going to send and receive small amounts of text (such as email) can get by with very modest and inexpensive capacity. One who is going to view video needs more capacity, one who is going to use two-way videoconferencing needs even more, and a commercial entity that is going to transmit multiple video streams to many customers needs lots. Sometimes the capacity of connections is fixed–one pays for a given capacity regardless of whether one uses it all–and sometimes their capacity and cost adjust dynamically with use. But in all cases one is merely paying for a connection to the network, not for how quickly traffic will get to or arrive from elsewhere. That last depends on how much someone is paying at the other end, and on how well the intervening networks interconnect. Whether one can pay for service quality other than the quality of one’s own connection is central to the current debate.

Users

It’s also important to consider two different (although sometimes overlapping) kinds of users: “end users” and “providers”. In general, providers deliver services to end users, sometimes content (for example, Netflix, the New York Times, or Google Search), sometimes storage (OneDrive, Dropbox), sometimes communications (Gmail, Xfinity Connect), and sometimes combinations of these and other functionality (Office Online, Google Apps).

The key distinctions between providers and end users are scale and revenue flow. The typical provider serves thousands if not millions of end users; the typical end user uses more than a few but rarely more than a few hundred providers. End users provide revenue to providers, either directly or by being counted; providers receive revenue (or sometimes other value such as fame) from end users or advertisers, and use it to fund the services they provide.

Roles

Networks (and therefore network operators) can play different roles in transmission: “first mile”, “last mile”, “backbone”, and “peering”. Providers connect to first-mile networks. End users do the same to last-mile networks. (First-mile and last-mile networks are mirror images of each other, of course, and can swap roles, but there’s always one of each for any traffic.) Sometimes first-mile networks connect directly to last-mile networks, and sometimes they interconnect indirectly using backbones, which in turn can interconnect with other backbones. Peering is how first-mile, last-mile, and backbone networks interconnect.

To use another imperfect analogy, first mile networks are on-ramps to backbone freeways, last-mile networks are off-ramps, and peering is where freeways interconnect. But here’s why the analogy is  imperfect: sometimes providers connect directly to backbones, and sometimes first-mile and last-mile networks have their own direct peering interconnections, bypassing backbones. Sometimes, as the Wired article points out, providers pay last-mile networks to host their servers, and sometimes special content-distribution systems such as Akamai do roughly the same. Those imperfections account for much of the current controversy.

Consider how I connect the Mac on my desk in Comcast‘s downtown office (where a few of us from NBCUniversal also work) to hostmonster.com, where this blog lives. I connect to the office wireless, which gives me a private (10.x.x.x) IP address. That goes to an internal (also private) router in Philadelphia, which then connects to Comcast’s public network. Comcast, as the company’s first-mile network, takes the traffic to Pennsylvania, then to Illinois, then back east to Virginia. There Comcast has a peering connection to Cogent, which is Hostmonster’s first-mile network provider. Cogent carries my traffic from Virginia to Illinois, Missouri, Colorado, and Utah, where Hostmonster is located and connects to Cogent.

If Comcast and Cogent did not have a direct connection, then my traffic would flow through a backbone such as Level3. If Hostmonster placed its servers in Comcast data centers, my traffic would be all-Comcast. As I’ll note repeatedly, this issue–how first-mile, last-mile, and backbones peer, and how content providers deal with this–is driving much of today’s network-neutrality debate. So is the increasing consolidation of the last-mile network business.

Public/Private

“Public” networks are treated differently than “private” ones. Generally speaking, if a network is open to the general public, and charges them fees to use it, then it’s a public network. If access is mostly restricted to a defined, closed community and does not charge use fees, then it’s a private network. The distinction between public and private networks comes mostly from the Communications Assistance to Law Enforcement Act (CALEA), which took effect in 1995. CALEA required “telecommunications carriers” to assist police and other law enforcement, notably by enabling court-approved wiretaps.

Even for traditional telephones, it was not entirely clear which “telecommunications carriers” were covered–for example, what about campus-run internal telephone exchanges?–and as CALEA extended to the Internet the distinction became murkier. Eventually “open to the general public, and charges them fees” provided a practical distinction, useful beyond CALEA.

Most campus networks are private by this definition. So are my home network, the network here in the DC Comcast office, and the one in my local Starbucks. To take the roadway analogy a step further, home driveways, the extensive network of roads within gated residential communities (even a large one such as Kiawah Island), and roadways within large industrial facilities (such as US Steel’s Gary plant) are private. City streets, state highways, and Interstates are public. (Note that the meaning of “public network” in Windows, MacOS, or other security settings is different.)

Neutrality

In practice, and in most of the public debate until recently, the term “network neutrality” has meant this: except in certain narrow cases (such as illegal uses), a neutral-network operator does not prioritize traffic over the last mile to or from an end user according to the source of the traffic, who the end user is, or the content of the traffic. Note the important qualification: “over the last mile”.

An end user with a smaller, cheaper connection will receive traffic more slowly than one who pays for a faster connection, and the same is true for providers sending traffic. The difference may be more pronounced for some types of traffic (such as video) than for others (email). Other than this, however, a neutral network treats all traffic the same. In particular, the network operator does not manipulate the traffic for its own purposes (such as degrading a competitor’s service), and does not treat end users or providers differently except to the extent they pay for the speed or other qualities of their own network connections.

“Public” networks often claim to be neutral, at least to some degree; “private” ones rarely do. Most legislative and regulatory efforts to promote network neutrality focus on public networks.

Enough definition. What does this all mean for higher education, and in particular how is that meaning different from what I wrote about back in 2011?

The Rebirth of Paid Prioritization

Where once the debate centered on last-mile neutrality for Internet traffic to and from end users, which is relatively straightforward and largely accepted, it has now expanded to include both Internet and “managed services” over the full path from provider to end user, which is much more complicated and ambiguous.

An early indicator was AT&T’s proposal to let providers subsidize the delivery of their traffic to AT&T cellular-network end users, specifically by allowing providers to pay the data costs associated with their services to end users. That is, providers would pay for how traffic was delivered and charged to end users. This differs fundamentally from the principle that the service end users receive depends only on what end users themselves pay for. Since cellular networks are not required to be neutral, AT&T’s proposal violated no law or regulation, but it nevertheless triggered opposition: It implied that AT&T’s customers would receive traffic (ads, downloads, or whatever) from some providers more advantageously–that is, more cheaply–than equivalent traffic from other providers. End user would have no say in this, other than to change carriers. Thus far AT&T’s proposal has attracted few providers, but this may be changing.

Then came the running battles between Netflix, a major provider, and last-mile providers such as Comcast and Verizon. Netfllix argued that end users were receiving its traffic less expeditiously than other providers’ traffic, that this violated neutrality principles, and that last-mile providers were responsible for remedying this. The last-mile providers rejected this argument: in their view the problem arose because Netfllix’s first-mile network (as it happens, Cogent, the same one Hostmonster uses) was unwilling to pay for peering connections capable of handling Netflix’s traffic (which can amount to more than a quarter of all Internet traffic some evenings). In the last-mile networks’ view, Netflix’s first-mile provider was responsible for fixing the problem at its (and therefore presumably Netflix’s) expense. The issue is, who pays to ensure sufficient peering capacity? Returning to the highway metaphor, who pays for sufficient interchange ramps between toll roads, especially when most truck traffic is in one direction?

In the event Netflix gave in, and arranged (and paid for) direct first-mile connections to Comcast, Verizon, and other last-mile providers. But Netflix continues to press its case, and its position has relevance for higher education.

Colleges and Universities

Colleges and universities have traditionally taken two positions on network neutrality. Representing end users, including their campus community and distant students served over the Internet, higher education has taken a strong position in support of the FCC’s network-neutrality proposals, and even urged that they be extended to cover cellular networks. As operators of networks funded and designed to support campuses’ instructional, research, and administrative functions, however, higher education also has taken the position that campus networks, like home, company, and other private networks, should continue to be exempted from network-neutrality provisions.

These remain valid positions for higher education to take in the current debate, and indeed the principles recently posted by EDUCAUSE and various other organizations do precisely that. But the emergence of concrete paid-prioritization services may require more nuanced positions and advocacy.  This is partly because the FCC’s positions have shifted, and partly because the technology and the debate have evolved.

Why should colleges and universities care about this new network-neutrality battleground? Because in addition to representing end users and operating private networks, campuses are increasingly providing instruction to distant students over the Internet. Massively open online courses (MOOCs) and other distance-education services often involve streamed or two-way video. They therefore require high-quality end-to-end network connections.

In most cases, campus network traffic to distant student flows over the commercial Internet, rather than over Internet2 or regional research and education (R&E) networks. Whether it reaches students expeditiously depends not only on the campus’s first-mile connection (“first mile” rather than “last mile” because the campus is now a provider rather than simply representing end users), but also on how the campus’s Internet service provider connects to backbones and/or to students’ last-mile networks–and of course on whether distant students have paid for good enough connections. This is similar to Netflix’s situation.

Unlike Netflix, however, individual campuses probably cannot afford to pay for direct connections to all of their students’ last-mile networks, or to place servers in distant data centers. They thus depend on their first-mile networks’ willingness to peer effectively with backbone and last-mile networks. Yet campuses are rarely major customers of their ISPs, and therefore have little leverage to influence ISPs’ backbone and peering choices. Alternatively, campuses can in theory use their existing connections to R&E networks to deliver instruction. But this is only possible if those R&E networks peer directly and capably with key backbone and last-mile providers. R&E networks generally have not done this.

Here’s what this all means: Higher education needs to continue supporting its historical positions promoting last-mile neutrality and seeking private-network exemptions for campus networks. But colleges and universities also need to work together to make sure their instructional traffic will continue to reach distant students. One way to achieve this is by opposing paid prioritization, of course. But FCC and other regulations may permit limited paid prioritization, or technology may as usual stay one step ahead of regulation. Higher education must figure out the best ways to deal with that, and collaborate to make them so.

 

 

 

 

The evil that men do lives after them. The good is oft interred with their bones.

- Exterior  GeneralLunch with an old friend, beautiful day in Washington, seated outdoors enjoying surprisingly excellent hamburgers. We’re going to talk about our kids, and what we’re doing this summer, and maybe even about working together on a project some day (as we did decades ago).

But as is so often the case for those of us who work in IT, first there’s a technical question about calendars on his iPhone. He’s not clear on the distinction between the iCloud calendar and the one installed by his campus IT group.

I clarify that one is personal and the other enterprise. That segues into a discussion of calendar/email/contacts services (somewhat inexplicably, his campus still uses Notes), and then into IT services and help desks.

My friend observes that his campus provides an excellent array of IT equipment, software (Notes excepted),  and services. But it also has one of those “your call will be handled by the next available representative” queuing systems on its IT help desk.

Cobbe_portrait_of_Shakespeare“I really hate that,” my friend says, as I swipe some of his sweet-potato fries. Because he so dislikes the queuing system, he says, he can’t think positively about his campus’s IT, no matter how good the rest of it is. The evil that men do lives after them; the good is oft interred with their bones. (Why is the Bard on my mind? Because at home we’ve been watching the excellent BBC/PBS Shakespeare Uncovered series on Netflix.)

It’s a familiar refrain. I’ve just been rereading a 1999 article with advice for new CIOs, where I had this to say:

Information technology most often succeeds when it is invisible–when people do not realize they are using it and focus on larger goals. When you and your staff do things right, even spectacularly, no one will notice. This is immensely frustrating. The only comments you are ever going to hear–from the big bosses, from faculty, from staff, from the student newspaper–will be negative, sometimes vitriolically so. This will drive you crazy. No one outside IT at the institution will sympathize.

We like to think this is peculiar to IT. It isn’t.

sct logoCase in point: Registrars. During my tenure at the University of Chicago, we replaced an old terminal-based student system for staff only with a highly flexible, modern web-based system directly accessible by students, faculty, and staff. Students used to wait in line to give their class choices to Registrar clerks, who would then set class lists and enter data in the system manually. Grading, transcripts, and other processes were similar. No one was happy except the Registrar, whose staff and budget necessarily remained large.

The new system (now-defunct SCT‘s now-defunct Matrix product) changed everything: no more waiting in line, simpler scheduling, later deadlines for grades, online transcript requests, you name it. Asked about specifics, almost everyone described almost everything as better.

But no one seemed to feel any better about the University than they had before.

Irving_Frederick_Herzberg_y_sus_teorias_de_motivacion_en_el_trabajoIrving_Frederick_Herzberg_y_sus_teorias_de_motivacion_en_el_trabajoIrving_Frederick_Herzberg_y_sus_teorias_de_motivacion_en_el_trabajo herzAt lunch, my friend pointed to this apparent conundrum as an interesting parallel to “two-factor theory,” the suggestion by Frederick Herzberg that job satisfaction and job dissatisfaction are independent of each other. The Registrar’s customers were less dissatisfied, but that did not mean they were more satisfied.

Messier case in point: Business travel. Time was, one made business-travel arrangements by calling (or having one’s assistant call) a travel agency or travel office to make reservations and get a travel advance, and one accounted for the advance and/or got reimbursed for out-of-pocket expense by filling out (or having one’s assistant fill out) a form, attaching paper receipts to it, mailing it somewhere, and eventually receiving a check.

Concur_Logo_VT_Color_500px--1-Today it’s much more typical to make one’s own reservations through an employer-provided website, to pay expenses with a credit card that charges the employer directly, to account for expenses through the same dedicated website, and to have any reimbursement deposited directly. This all goes much faster, and is much more cost-effective for the employer.

For those of us who like rolling our own, it’s also much more appealing. But for those who don’t, and who don’t have assistants, it’s more awkward and burdensome.

We implemented a modern travel system (Concur) while I was at UChicago. I know anecdotally that most users liked its speed and convenience, but the public reaction consisted largely of complaints (most of which really weren’t about the travel system, but rather about the loss of departmental secretaries as the University did away with them in favor of centralized clerical support).

Coincidentally, my current employer switched to Concur from a paper-based system shortly before I arrived, and I observe the same pattern: widespread private appreciation completely overwhelmed by isolated objection (much of which is actually about changes in policy, such as having to justify non-preferred hotels, rather than the system itself).

marlon-brando-antonyWhat to do? For the most part we can’t use Mark Antony’s technique: through sarcasm (“Brutus is an honourable man“–imagine the air quotes), he discredits assertions of Caesar’s evil. However, it’s unwise for us to treat our customers’ complaints sarcastically.

Rather, a principal strategy for those of us in domains where dissatisfaction automatically overwhelms satisfaction must be to minimize the former. For example, I wrote,

One way to gain unproductive visibility is by unnecessarily constraining choice. To avoid this, wherever possible use carrots rather than sticks to encourage standardization, so that homogeneity is the product of aggregated free choice rather than central mandate… Try to keep institutional options open. Avoid strategies, vendors, architectures, and technologies that constrain choice. Seek interoperability. Wherever possible, have spillover vendors… Think carefully ahead about likely small disasters, many of which are caused by backhoes doing minor excavation, contractors oblivious to wiring closets, incompetent hacking, vandalism, or broken pipes.

But although minimizing unproductive visibility is important, it’s not enough. Mark Antony didn’t rely entirely on discrediting Brutus; he also cited Caesar’s good:

He was my friend, faithful and just to me… He hath brought many captives home to Rome, whose ransoms did the general coffers fill… When that the poor have cried, Caesar hath wept…

Mark Antony understood that discrediting Brutus and extolling Caesar aren’t the same thing. But it was necessary for him to do the former in order to succeed at the latter.

So let it be with IT. We need to recognize more explicitly that maximizing the good things we in IT do to satisfy our customers and campuses (or other organizations) is important, but those good things are different from and do not counterbalance the unproductively visible ways we dissatisfy them.

Notes From (or is it To?) the Dark Side

“Why are you at NBC?,” people ask. “What are you doing over there?,” too, and “Is it different on the dark side?” A year into the gig seems a good time to think about those. Especially that “dark side” metaphor.  For example, which side is “dark”?

This is a longer-than-usual post. I’ll take up the questions in order: first Why, then What, then Different; use the links to skip ahead if you prefer.

Why are you at NBC?

5675955This is the first time I’ve worked at a for-profit company since, let’s see, the summer of 1967: an MIT alumnus arranged an undergraduate summer job at Honeywell‘s Mexico City facility. Part of that summer I learned a great deal about the configuration and construction of custom control panels, especially for big production lines. I think of this every time I see photos of big control panels, such as those at older nuclear plants—I recognize the switch types, those square toggle buttons that light up. (Another part of the summer, after the guy who hired me left and no one could figure out what I should do, I made a 43½-foot paper-clip chain.)

One nice Honeywell perk was an employee discount on a Pentax 35mm SLR with a 40mm and 135mm lenses, which I still have in a box somewhere, and which still works when I replace the camera’s light-meter battery. (The Pentax brand belonged to Honeywell back then, not Ricoh.) Excellent camera, served me well for years, through two darkrooms and a lot of Tri-X film. I haven’t used it since I began taking digital photos, though.

5499942818_d3d9e9929b_nI digress. Except, it strikes me, not really. One interesting thing about digital photos, especially if you store them online and make most of them publicly visible (like this one, taken on the rim of spectacular Bryce Canyon, from my Backdrops collection), is that sometimes the people who find your pictures download them and use them for their own purposes. My photos carry a Creative Commons license specifying that although they are my intellectual property, they can be used for nonprofit purposes so long as they are attributed to me (an option not available, apparently, if I post them on Facebook instead).

So long as those who use my photos comply with the CC license requirement, I don’t require that they tell me, although now and then they do. But if people want to use one of my photos commercially, they’re supposed to ask my permission, and I can ask for a use fee. No one has done that for me—I’m keeping the day job—but it’s happened for our son.

dmcaI hadn’t thought much about copyright, permissions, and licensing for personal photos (as opposed to archival, commercial, or institutional ones) back when I first began dealing with “takedown notices” sent to the University of Chicago under the Digital Millennium Copyright Act (DMCA). There didn’t seem to be much of a parallel between commercialized intellectual property, like the music tracks that accounted for most early DMCA notices, and my photos, which I was putting online mostly because it was fun to share them.

Neither did I think about either photos or music while serving on a faculty committee rewriting the University’s Statute 18, the provision governing patents in the University’s founding documents.

sealThe issues for the committee were fundamentally two, both driven somewhat by the evolution of “textbooks”.

First, where is the line between faculty inventions, which belong to the University (or did at the time), and creations, which belong to creators—between patentable inventions and copyrightable creations, in other words? This was an issue because textbooks had always been treated as creations, but many textbooks had come to include software (back then, CDs tucked into the back cover), and software had always been treated as an invention.

Second, who owns intellectual property that grows out of the instructional process? Traditionally, the rights and revenues associated with textbooks, even textbooks based on University classes, belonged entirely to faculty members. But some faculty members were extrapolating this tradition to cover other class-based material, such as videos of lectures. They were personally selling those materials and the associated rights to outside entities, some of which were in effect competitors (in some cases, they were other universities!).

fathomAs you can see by reading the current Statute 18, the faculty committee really didn’t resolve any of this. Gradually, though, it came to be understood  that textbooks, even textbooks including software, were still faculty intellectual property, whereas instructional material other than that explicitly included in traditional textbooks was the University’s to exploit, sell, or license.

With the latter well established, the University joined Fathom, one of the early efforts to commercialize online instructional material, and put together some excellent online materials. Unfortunately, Fathom, like its first-generation peers, failed to generate revenues exceeding its costs. Once it blew through its venture capital, which had mostly come from Columbia University, Fathom folded. (Poetic justice: so did one of the profit-making institutions whose use of University teaching materials prompted the Statute 18 review.)

Gradually this all got me interested in the thicket of issues surrounding campus online distribution and use of copyrighted materials and other intellectual property, and especially the messy question how campuses should think about copyright infringement occurring within and distributed from their networks. The DMCA had established the dual principles that (a) network operators, including campuses, could be held liable for infringement by their network users, but (b) they could escape this liability (find “safe harbor”) by responding appropriately to complaints from copyright holders. Several of us research-university CIOs worked together to develop efficient mechanisms for handling and responding to DMCA notices, and to help the industry understand those and the limits on what they might expect campuses to do.

heoaAs one byproduct of that, I found myself testifying before a Congressional committee. As another, I found myself negotiating with the entertainment industry, under US Education Department auspices, to develop regulations implementing the so-called “peer to peer” provisions of the Higher Education Opportunity Act of 2008.

That was one of several threads that led to my joining EDUCAUSE in 2009. One of several initiatives in the Policy group was to build better, more open communications between higher education and the entertainment industry with regard to copyright infringement, DMCA, and the HEOA requirements.

hero-logo-edxI didn’t think at the time about how this might interact with EDUCAUSE’s then-parallel efforts to illuminate policy issues around online and nontraditional education, but there are important relevancies. Through massively open online courses (MOOCs) and other mechanisms, colleges and universities are using the Internet to reach distant students, first to build awareness (in which case it’s okay for what they provide to be freely available) but eventually to find new revenues, that is, to monetize their intellectual property (in which case it isn’t).

music-industryIf online campus content is to be sold rather than given away, then campuses face the same issues as the entertainment industry: They must protect their content from those who would use it without permission, and take appropriate action to deter or address infringement.

Campuses are generally happy to make their research freely available (except perhaps for inventions), as UChicago’s Statute 18 makes clear, provided that researchers are properly credited. (I also served on UChicago’s faculty Intellectual Property Committee, which among other things adjudicated who-gets-credit conflicts among faculty and other researchers.) But instruction is another matter altogether. If campuses don’t take this seriously, I’m afraid, then as goes music, so goes online higher education.

Much as campus tumult and changes in the late Sixties led me to abandon engineering for policy analysis, and quantitative policy analysis led me into large-scale data analysis, and large-scale data analysis led me into IT, and IT led me back into policy analysis, intellectual-property issues led me to NBCUniversal.

Peacock_CleanupI’d liked the people I met during the HEOA negotiations, and the company seemed seriously committed to rethinking its relationships with higher education. I thought it would be interesting, at this stage in my career, to do something very different in a different kind of place. Plus, less travel (see screwup #3 in my 2007 EDUCAUSE award address).

So here I am, with an office amidst lobbyists and others who focus on legislation and regulation, with a Peacock ID card that gets me into the Universal lot, WRC-TV, and 30 Rock (but not SNL), and with a 401k instead of a 403b.

What are you doing over there?

NBCUniversal’s goals for higher education are relatively simple. First, it would like students to use legitimate sources to get online content more, and illegitimate “pirate” sources less. Second, it would like campuses to reduce the volume of infringing material made available from their networks to illegal downloaders worldwide.

477px-CopyrightpiratesMy roles are also two. First, there’s eagerness among my colleagues (and their counterparts in other studios) to better understand higher education, and how campuses might think about issues and initiatives. Second, the company clearly wants to change its approach to higher education, but doesn’t know what approaches might make sense. Apparently I can help with both.

To lay foundation for specific projects—five so far, which I’ll describe briefly below—I looked at data from DMCA takedown notices.

Curiously, it turned out, no one had done much to analyze detected infringement from campus networks (as measured by DMCA notices sent to them), or to delve into the ethical puzzle: Why do students behave one way with regard to misappropriating music, movies, and TV shows, and very different ways with regard to arguably similar options such as shoplifting or plagiarism? I’ve written about some of the underlying policy issues in Story of S, but here I decided to focus first on detected infringement.

riaa-logoIt turns out that virtually all takedown notices for music are sent by the Recording Industry Association of America, RIAA (the Zappa Trust and various other entities send some, but they’re a drop in the bucket).

MPAAMost takedown notices for movies and some for TV are sent by the Motion Picture Association of America, MPAA, on behalf of major studios (again, with some smaller entities such as Lucasfilm wading in separately). NBCUniversal and Fox send out notices involving their movies and TV shows.

sources chartI’ve now analyzed data from the major senders for both a twelve-month period (Nov 2011-Oct 2012) and a more recent two-month period (Feb-Mar 2013). For the more recent period, I obtained very detailed data on each of 40,000 or so notices sent to campuses. Here are some observations from the data:

  • Almost all the notices went to 4-year campuses that have at least 100 dormitory beds (according to IPEDS). To a modest extent, the bigger the campus the more notices, but the correlation isn’t especially large.
  • Over half of all campuses—even of campuses with dorms—didn’t get any notices. To some extent this is because there are lots and lots of very small campuses, and they fly under the infringement-detection radar. But I’ve learned from talking to a fair number of campuses that, much to my surprise, many heavily filter or even block peer-to-peer traffic at their commodity Internet border firewall—usually because the commodity bandwidth p2p uses is expensive, especially for movies, rather than to deal with infringement per se. Outsourced dorm networks also have an effect, but I don’t think they’re sufficiently widespread yet to explain the data.
  • Several campuses have out-of-date or incorrect “DMCA agent” addresses registered at the Library of Congress. Compounding that, it turns out some notice senders use “abuse” or other standard DNS addresses rather than the registered agent addresses.
  • Among campuses that received notices, a few campuses stand out for receiving the lion’s share, even adjusting for their enrollment. For example, the top 100 or so recipient campuses got about three quarters of the total, and a handful of campuses stand out sharply even within that group: the top three campuses (the leftmost blue bars in the graph below) accounted for well over 10% of the notices. (I found the same skewness in the 2012 study.) With a few interesting exceptions (interesting because I know or suspect what changed), the high-notice groups have been the same for the two periods.

utorrent-facebook-mark-850-transparentThe detection process, in general, is that copyright holders choose a list of music, movie, or TV titles they believe likely to be infringed. Their contractors then use BitTorrent tracker sites and other user tools to find illicit sources for those titles.

For the most part the studios and associations simply look for titles that are currently popular in theaters or from legitimate sources. It’s hard to see that process introducing a bias that would affect some campuses so much differently than others. I’ve also spent considerable time looking at how a couple of contractors verify that titles being offered illicitly (that is, listed for download on a BitTorrent tracker site such as The Pirate Bay) are actually the titles being supplied (rather than, say, malware, advertising, or porn), and at how they figure out where to send the resulting takedown notices. That process too seems pretty straightforward and unbiased.

argo-15355-1920x1200Sender choices clearly can influence how notice counts vary from time to time: for example, adding a newly popular title to the search list can lead to a jump in detections and hence notices. But it’s hard to see how the choice of titles would influence how notice counts vary from institution to institution.

This all leads me to believe that takedown notices tell us something incomplete but useful about campus policies and practices, especially at the extremes. The analysis led directly to two projects focused on specific groups of campuses, and indirectly to three others.

Role Model Campuses

Based on the results of the data analysis, I communicated individually with CIOs at 22 campuses that received some but relatively few notices: specifically, campuses that (a) received at least one notice (and so are on the radar) but (b) fewer than 300 and fewer than 20 per thousand student headcount, (c) have at least 7,500 headcount students, and (d) have at least 10,000 dorm beds (per IPEDS) or sufficient dorm beds to house half your headcount. (These are Group 4, the purple bars in the graph below. The solid bars represent total notices sent, and the hollow bars represent incidence, or notices per thousand headcount students. Click on the graph to see it larger.)

I’ve asked each of those campuses whether they’d be willing to document their practices in an open “role models” database developed jointly by the campuses and hosted by a third party such as groups charta higher-education association (as EDUCAUSE did after the HEOA regulations took effect). The idea is to make a collection of diverse effective practices available to other campuses that might want to enhance their practices.

High Volume Campuses

Separately, I communicated privately with CIOs at 13 campuses that received exceptionally many notices, even adjusting for their enrollment (Group 1, the blue bars in the graph). I’ve looked in some detail at the data for those campuses, some large and some small, and in some cases that’s led to suggestions.

For example, in a few cases I discovered that virtually all of a high-volume campus’s notices were split evenly among a small number of consecutive IP addresses. In those cases, I’ve suggested that those IP addresses might be the front-end to something like a campus wireless network. Filtering or blocking p2p (or just BitTorrent) traffic on those few IP addresses (or the associated network devices) might well shrink the campus’s role as a distributor without affecting legitimate p2p or BitTorrent users (who tend to be managing servers with static addresses).

Symposia

Back when I was at EDUCAUSE, we worked with NBCUniversal to host a DC meeting between senior campus staff from a score of campuses nationwide and some industry staff closely involved with the detection and notification for online infringement. The meeting was energetic and frank, and participants from both sides went away with a better sense of the other’s bona fides and seriousness. This was the first time campus staff had gotten a close look at the takedown-notice process since a Common Solutions Group meeting in Ann Arbor some years earlier; back then the industry’s practices were much less refined.

university-st-thomas-logo-white croppedBased on the NBCUniversal/EDUCAUSE experience, we’re organizing a series of regional “Symposia” along these lines on campuses in various cities across the US. The objectives are to open new lines of communication and to build trust. The invitees are IT and student-affairs staff from local campuses, plus several representatives from industry, especially the groups that actually search for infringement on the Internet. The first was in New York, the second in Minneapolis, the third will be in Philadelphia, and others will follow in the West, the South, and elsewhere in the Midwest.

Research

We’re funding a study within a major state university system to gather two kinds of data. Initially the researchers are asking each campus to describe the measures it takes to “effectively combat” copyright infringement: its communications with students, its policies for dealing with violations, and the technologies it uses. The data from the first phase will help enhance a matrix we’ve drafted outlining the different approaches taken by different campuses, complementing what will emerge from the “role models” project.

Based on the initial data, the researchers and NBCUniversal will choose two campuses to participate in the pilot phase of the Campus Online Education Initiative (which I’ll describe next). In advance of that pilot, the researchers will gather data from a sample of students on each campus, asking about their attitudes toward and use of illicit and legitimate online sources for music, movies, and video. They’ll then repeat that data collection after the pilot term.

Campus Online Entertainment Initiative

Last but least in neither ambition nor complexity, we’re crafting a program that will attempt to address both goals I listed earlier: encouraging campuses to take effective steps to reduce distribution of infringing material from their networks, and helping students to appreciate (and eventually prefer) legitimate sources for online entertainment.

maxresdefaultWorking with Universal Studios and some of its peers, we’ll encourage students on participating campuses to use legitimate sources by making a wealth of material available coherently and attractively—through a single source that works across diverse devices, and at a substantial discount or with similar incentives.

Participating campuses, in turn, will maintain or implement policies and practices likely to shrink the volume of infringing material available from their networks. In some cases the participating campuses will already be like those in the “role models” group; in others they’ll be “high volume” or other campuses willing to  adopt more effective practices.

I’m managing these projects from NBCUniversal’s Washington offices, but with substantial collaboration from company colleagues here, in Los Angeles, and in New York; from Comcast colleagues in Philadelphia; and from people in other companies. Interestingly, and to my surprise, pulling this all together has been much like managing projects at a research university. That’s a good segue to the next question.

Is it different on the dark side?

IMG_1224Newly hired, I go out to WRC, the local NBC affiliate in Washington, to get my NBCUniversal ID and to go through HR orientation. Initially it’s all familiar: the same ID photo technology, the same RFID keycard, the same ugly tile and paint on the hallways, the same tax forms to be completed by hand.

But wait: Employee Relations is next door to the (now defunct) Chris Matthews Show. And the benefits part of orientation is a video hosted by Jimmy Fallon and Brian Williams. And there’s the possibility of something called a “bonus”, whatever that is.

Around my new office, in a spiffy modern building at 300 New Jersey Avenue, everyone seems to have two screens. That’s just as it was in higher-education IT. But wait: here one of them is a TV. People watch TV all day as they work.

Toto, we’re not in higher education any more.

IMG_1274It’s different over here, and not just because there’s a beautiful view of the Capitol from our conference rooms. Certain organizational functions seem to work better, perhaps because they should and in the corporate environment can be implemented by decree: HR processes, a good unified travel arrangement and expense system, catering, office management. Others don’t: there’s something slightly out of date about the office IT, especially the central/individual balance and security, and there’s an awful lot of paper.

Some things are just different, rather than better or not: the culture is heavily oriented to face-to-face and telephone interaction, even though it’s a widely distributed organization where most people are at their desks most of the time. There’s remarkably little email, and surprisingly little use of workstation-based videoconferencing. People dress a bit differently (a maitre d’ told me, “that’s not a Washington tie”).

But differences notwithstanding, mostly things feel much the same as they did at EDUCAUSE, UChicago, and MIT.

tiny NBCUniversal_violet_1030Where I work is generally happy, people talk to one another, gossip a bit, have pizza on Thursdays, complain about the quality of coffee, and are in and out a lot. It’s not an operational group, and so there’s not the bustle that comes with that, but it’s definitely busy (especially with everyone around me working on the Comcast/Time Warner merger). The place is teamly, in that people work with one another based on what’s right substantively, and rarely appeal to authority to reach decisions. Who trusts whom seems at least as important as who outranks whom, or whose boss is more powerful. Conversely, it’s often hard to figure out exactly how to get something done, and lots of effort goes into following interpersonal networks. That’s all very familiar.

MIT_Building_10_and_the_Great_Dome,_Cambridge_MAI’d never realized how much like a research university a modern corporation can be. Where I work is NBCUniversal, which is the overarching corporate umbrella (“Old Main”, “Mass Hall”, “Building 10”, “California Hall”, “Boulder”) for 18 other companies including news, entertainment, Universal Studios, theme parks, the Golf Channel, Telemundo (which are remarkably like schools and departments in their varied autonomy).

Meanwhile NBCUniversal is owned by Comcast—think “System Central Office”. Sure, these are all corporate entities, and they have concrete metrics by which to measure success: revenue, profit, subscribers, viewership, market share. But the relationships among organizations, activities, and outcomes aren’t as coherent and unitary as I’d expected.

Dark or Green?

So, am I on the dark side, or have I left it behind for greener pastures? Curiously, I hear both from my friends and colleagues in higher education: Some of them think my move is interesting and logical, some think it odd and disappointing. Curioser still, I hear both from my new colleagues in the industry: Some think I was lucky to have worked all those decades in higher education, while others think I’m lucky to have escaped. None of those views seems quite right, and none seems quite wrong.

The point, I suppose, is that simple judgments like “dark” and “greener” underrepresent the complexity of organizational and individual value, effectiveness, and life. Broad-brush characterizations, especially characterizations embodying the ecological fallacy, “…the impulse to apply group or societal level characteristics onto individuals within that group,” do none of us any good.

It’s so easy to fall into the ecological-fallacy trap; so important, if we’re to make collective progress, not to.

Comments or questions? Write me: greg@gjackson.us

(The quote is from Charles Ess & Fay Sudweeks, Culture, technology, communication: towards an intercultural global village, SUNY Press 2001, p 90. Everything in this post, and for that matter all my posts, represents my own views, not those of my current or past employers, or of anyone else.)

3|5|2014 11:44a est

Streaming TV: New Tricks and Old Problems

I like to read mysteries. No surprise, I also watch lots of TV cop shows and mysteries.

poirotSome good reads turn out to be not-so-good TV, and vice versa. Ian Rankin‘s Rebus mysteries and various of Peter Lovesey‘s are an example of the former, and, in my view at least, David Suchet’s Poirot is a lot more interesting and entertaining that Agatha Christie‘s (for that matter, so is Albert Finney‘s). The same is generally true of Leo McKern’s Rumpole of the Bailey compared to John Mortimer‘s.

Of course there are lots of good-good examples (the adaptations of P.D. James and Dorothy Sayers, which both read and play well, in part because the adaptations are just that, rather than renditions), and plenty of not-not (for example, again in my view, the MidSomer Murders series based on Caroline Graham‘s books—not, mind, that this stopped me from watching all 70+ episodes of the British series—and the VI Warshawski series based on Sara Paretsky‘s work, which somehow never drew me in despite the Chicago location).

1Then there are TV shows that don’t have book counterparts, and for that matter aren’t exactly cop shows or mysteries. Barney Miller comes to mind, as does Hill Street Blues.

The trigger for today’s rumination, New Tricks, is one of those not-exactlys. The BBC describes New Tricks as a “drama series about an eccentric group of veteran police detectives reopening cold cases.” Which it is, but as is the case with much detective fiction, the plot is simply a maguffin to draw us into the characters and their relationships.

The backstory is this: a disgraced Detective Superintendent has shot a dog, and is working her way out the doghouse (sorry, couldn’t resist that) by leading a squad comprising three retired detectives—one who converses regularly with his dead wife, another a womanizing rule-bender who maintains cordial relationships with several ex-wives and their daughters, and an ex-alcoholic third who lives on the medication-honed mental edge between paranoid delusion and photographic memory.

HouseOfCardsIt’s interesting how little TV watching these days is based on broadcast or cable schedules. We routinely time-shift using the Xfinity (ne Comcast) On Demand services, and we also do considerable binge watching. The first time we binged was back in the red-envelope days, the entirety of Jewel in the Crown over four intense evenings. The most recent efforts were re-watching the British House of Cards in preparation for the Netflix House of Cards. (Both series are superb.)

Usually, though, we don’t exactly binge; rather, we get into a particular show, and then watch one or two episodes per evening until we’ve used it up. That’s how we did MidSomer Murders a while back (despite its endless village fetes), then the excellent George Gently and Vera, and more recently the outstanding and very French Spiral (L’Engrenage).

Some shows we delve into for a while, and then put on hiatus when they become overwhelming or repetitive—the Danish series The Eagle and the inimitable Larry Sanders Show are in that category. That’s probably what would happen with The Phil Silvers Show, which my father loved, and recordings of which supposedly were destroyed in a fire. Your Show of Shows. Rowan and Martin’s Laugh-In.

But I digress. Friends told us about New Tricks, and so we went looking for it. A local PBS station supposedly is planning to air some of it, but we figured this was a show we should watch from the beginning, and so we wanted the earlier episodes.

Which finally brings me to the actual topic for today: What it took to find and watch New Tricks says a great deal about what needs to improve if the online-viewing marketplace is to succeed. Here’s how the quest went:

  1. xfinity-LogoXfinity On Demand. Searching isn’t easy through the TV: you need to move a cursor around letter by letter using the remote. Using the Xfinity app on a phone or tablet is much easier, since one can just type in a search term to find a show’s schedule. (The app can even tell the cable box to change channels!) Anyway, no luck—Comcast doesn’t have New Tricks.
  2. Netflix. Of course the Comcast cable box doesn’t do Netflix (the fact that I said “of course” is telling—imagescompetition most definitely trumps consolidated customer convenience), so I had to switch to one of our two Netflix-enabled devices (the Sony BluRay player or the AppleTV, both connected to our home network), after first telling the TV to use the appropriate HDMI input. Search using the BluRay or AppleTV remote isn’t any easier than with the Comcast box, but at least the Netflix app has good search tools. However, it tells me that “New Tricks is unavailable to stream” (and then suggests George Gently or MidSomer Murders). So, no luck again.
  3. imagesAmazon Instant Video. That only works on the BluRay player, not the AppleTV, and its app is a bit awkward, so tired of moving the cursor around I go right to the Amazon website on a computer. No luck on Prime Instant Video, the flat-rate subscription service I get by being a Prime customer—but at least Amazon offers an alternative, albeit for streaming purchase (not rental) at $4 per episode or $20 per season. The 8 seasons available for streaming would cost me $160 that way, still cheaper than the $240 I’d pay for DVDs (except there’s a DVD lagniappe: Season 9 is available!).
  4. Hulu (which I don’t subscribe to, so searched only for completeness): No luck.
  5. mpaaI’d heard about a new site sponsored by MPAA, wheretowatch.org, and so figured it was worth a try. Unfortunately, there’s no search tool on that website; instead, it points me to six other search sites. Among those, Flixster and Movies.com return no results. Jinni tells me I can rent the DVD from Netflix. TV Guide tries to take me to a www.tvshowsondvd.com website, presumably so I will buy the DVD, but NBCUniversal’s network malware filter blocks the site with a scary popup message, and being a good network citizen I accept my colleagues’ judgment and don’t bypass the block. Zap2it points me to the $4/episode Amazon offering. Finally, TV.com tells me that I could have watched the show in October 2012 (but only on the BBC, in the UK). None of that is helpful.
  6. Google_logoFinally I do what I’d usually do first: use Google. The search term “new tricks tv streaming” brings up several links, many of them to copyright-infringing, pirate sites. However, the first link, the legitimate ovguide.com, takes me back to Amazon’s $4 offering. And the second is the mother lode: Idaho Public TV has several seasons of New Tricks available for public, free streaming.

Of course, I want to watch on the TV, not on my iPad. A little more technology solves this problem: I switch our TV’s input to the AppleTV box, start up a New Tricks episode on the iPad, and AirPlay almost automatically redirects the video and sound to our TV. Very cool. (Trying this on an Amazon-hosted show, however, I discover that in some cases, apparently for licensing reasons, Airplay weirdly plays the audio track on the TV set but the video on the iPad—why, I wonder, do that rather than Just Say No, or play everything on the iPad?)

Two observations.

  • 51rnWCEckKL._SX500_First, it can be really hard and confusing to find video material online. There’s no overall search engine that covers all sources, so far as I can tell—at least, no legitimate overall search engine. (Although Google found what I was looking for, even its results were incomplete, since it didn’t point me to the fee-per-episode Amazon offering, and unfortunately it also suggested several sites offering presumably illegal copies.) Even when one finds material, further searching is sometimes necessary; for example, the excellent cop show Vera has one season available on Netflix, but two on Amazon Prime Instant Video, which you’d never know if you stopped once you found it at Netflix.
  • Second, technology remains as much an obstacle as an enabler. For routine TV viewing at home, we use six devices: Sony and Panasonic TVs, two Comcast/Xfinity Motorola cable boxes, a Sony BluRay player, and an AppleTV. (I supposed our iPads and iPhones should be on this list too. We have two each of those.) Three of the devices are plugged into separate HDMI ports on the TV, and two of them (plus the iOS devices) require connections to our home network, which is connected to Comcast. (As a fringe benefit—I suppose—the landline that’s also provided by Comcast displays caller ID on the TV set, at least when we’re using the cable box; that way we can ignore fundraising calls without looking at our phones. hdmi2Even better, we get caller ID and voicemail for our landline on a smartphone app. Even when it’s being frustrating, technology can be cool. But I digress again.) Each TV-related device has a remote, with only partially overlapping functionality—for example, the BluRay’s remote can change the TV’s inputs and adjust volume (the Comcast remote can also change the TV’s inputs, albeit awkwardly) but the BluRay remote can’t change cable channels. The AppleTV remote can only control that device, so watching TV through the AppleTV almost always requires using two remotes, one to choose materials and pause the video on the AppleTV, and the other to adjust
    TV volume. When the technology all works, it’s very nice. When it doesn’t, debugging is a nightmare: pressing buttons on different remotes, jiggling cables, checking Internet connections, and so forth. We tried a universal remote for a while, with the same result: great when it worked, nightmare when it didn’t.

Complexity like this is unfortunate, frustrating, and counterproductive, but perhaps, barring change in the economy of entertainment, unavoidable. Sadly, it deters consumption, especially legitimate consumption. The usual ways out of this—common standards, competition on quality and price, such as returned somewhat to the music world—have so far proven elusive for online TV watching. That’s in part because providers and distributors are quite rationally trying to monetize the material they control, and making it easy for people to find other material, or to change sources, doesn’t achieve that. A true conundrum.

Meanwhile, New Tricks is great fun. We’ve just started Season 4…

Perceived Truths as Policy Paradoxes

imagesThe quote I was going to use to introduce this topic — “You’re entitled to your own opinion, but not to your own facts” — itself illustrates my theme for today: that truths are often less than well founded, and so can turn policy discussions weird.

I’d always heard the quote attributed to Pat Moynihan, an influential sociologist who co-wrote Beyond the Melting Pot with Nathan Glazer, directed the MIT-Harvard Joint Center for Urban Studies shortly before I worked there (and left behind a closet full of Scotch, which stemmed from his perhaps apocryphal rule that no meeting extend beyond 4pm without a bottle on the table), and later served as a widely respected Senator from New York. The collective viziers of Wikipedia have found other attributions for the quote, however. (This has me once again looking for the source of “There go my people, I must go join them, for I am their leader,” supposedly Mahatma Gandhi but apparently some French general — but I digress.). The quote will need to stand on its own.

a0157b7d-9976-410d-bba8-6ccf1dbf4c48-The-ACT-Here’s the Scott Jaschik item from Inside Higher Education that triggered today’s Rumination:

A new survey from ACT shows the continued gap between those who teach in high school and those who teach in college when it comes to their perceptions of the college preparation of today’s students. Nearly 90 percent of high school teachers told ACT that their students are either “well” or “very well” prepared for college-level work in their subject area after leaving their courses. But only 26 percent of college instructors reported that their incoming students are either “well” or “very well” prepared for first-year credit-bearing courses in their subject area. The percentages are virtually unchanged from a similar survey in 2009.

This is precisely what Moynihan (or whoever) had in mind: two parties to an important discussion each bearing their own data, and therefore unable to agree on the problem or how to address it. The teachers presumably think the professors have unreasonable expectations, or don’t work very hard to bring their students along; the professors presumably think the teachers aren’t doing their job. Each side therefore believes the problem lies on the other, and has data to prove that. Collaboration is unlikely, progress ditto. This is what Moynihan had observed about the federal social policy process.

5-financial-aid-tips-1The ACT survey reminded me of a similar finding that emerged back when I was doing college-choice research. I can’t locate a citation, but I recall hearing about a study that surveyed students who had been admitted to several different colleges.

The clever wrinkle in the study was that the students received several different survey queries, each purporting to be from one of the colleges to which he or she had been admitted, and each asking the student about the reasons for accepting or declining the admission offer. Here’s what they found: students told the institution they’d accepted that the reason was excellent academic quality, but they told the institutions they’d declined that the reason was better financial aid from the one they’d accepted.

131More recently, I was talking to a colleague in a another media company who was concerned about the volume of copyright infringement on a local campus. According to the company, the campus was hosting a great deal of copyright infringementl, as measured by the volume of requests for infringing material being sent out by BitTorrent. But according to the campus, a scan of the campus network identified very few hosts running the peer-to-peer applications. The colleague thought the campus was blowing smoke, the campus thought the company’s statistics were wrong.

Although these three examples seem similar — parties disagreeing about facts — in fact they’re a bit different.

  • In the teacher/professor example, the different conclusions presumably stem from different (and unshared) definitions of “”prepared for college-level work”.
  • In the accepted/decline example, the different explanations possibly stem from students’ not wanting to offend the declined institution by questioning its quality, or wanting think of their actual choice as good rather than cheap.
  • In the infringement/application case, the different explanations stem from divergent metrics.

compass-badgeWe’ve seen similar issues arise around institutional attributes in higher education. Do ratings like those from US News & World Report gather their own data, for example, or rely on presumably neutral sources such as the National Center for Educational Statistics? This is critical where results have major reputational effects — consider George Washington University’s inflation of class-rank admissions data, and similar earlier issues with Claremont McKenna, Emory, Villanova, and others.

I’d been thinking about this because in my current job it’s quite important to understand patterns of copyright infringement on campuses. It would be good to figure out which campuses seem to have relatively low infringement rates, and to explore and document their policies and practices lest other campuses might benefit. For somewhat different reasons, it would be good to figure out which campuses seem to have relatively high infringement rates, so that they could be encouraged adopt different policies and practices.

But here we run into the accept/decline problem. If the point to data collection is to identify and celebrate effective practice, there are lots of incentives for campuses to participate. But if the point is to identify and pressure less effective campuses, the incentives are otherwise.

Compounding the problem, there are different ways to measure the problem:

  • One can rely on externally generated complaints, whose volume can vary for reasons having nothing to do with the volume of infringement,
  • one can rely on internal assessments of network traffic, which can be inadvertently selective, and/or
  • one can rely on external measures such as the volume of queries to known sources of infringement;

I’m sure there are others — and that’s without getting into the religious wars about copyright, middlemen, and so forth I addressed in an earlier post).

There’s no full solution to this problem. But there are two things that help: collaboration and openness.

  • By “collaboration,” I mean that parties to questions of policy or practice should work together to define and ideally collect data; that way, arguments can focus on substance.
  • By “openness,” I mean that wherever possible raw data, perhaps anonymized, should accompany analysis and advocacy based on those data.

As an example what this means, here are some thoughts for one of my upcoming challenges — figuring out how to identify campuses that might be models for others to follow, and also campuses that should probably follow them. Achieving this is important, but improperly done it can easily come to resemble the “top 25” lists from RIAA and MPAA that became so controversial and counterproductive a few years ago. The “top 25” lists became controversial partly because their methodology was suspect, partly because the underlying data were never available, and partly because they ignored the other end of the continuum, that is, institutions that had somehow managed to elicit very few Digital Millennium Copyright Act (DMCA) notices.

PirateBay_1_NETT_26916dIt’s clear there are various sources of data, even without internal access to campus network data:

  • counts of DMCA notices sent by various copyright holders (some of which send notices methodically, following reasonably robust and consistent procedures, and some of which don’t),
  • counts of queries involving major infringing sites, and/or
  • network volume measures for major infringing protocols.

Those last two yield voluminous data, and so usually require sampling or data reduction of some kind. And not all queries or protocols they follow involve infringement. It’s also clear, from earlier studies, that there’s substantial variation in these counts over time and even across similar campuses.

This means it will be important for my database, if I can create one, to include several different measures, especially counts from different sources for different materials, and to do that over a reasonable period of time. Integrating all this into a single dataset will require lots of collaboration among the providers. Moreover, the raw data necessarily will identify individual institutions, and releasing them that way would probably cause more opposition than support. Clumping them all together would bypass that problem, but also cover up important variation. So it makes much more sense to disguise rather than clump — that is, to identify institutions by a code name and enough attributes to describe them but not to identify them.

It’ll then be important to be transparent: to lay out the detailed methodology used to “rank” campuses (as, for example, US News now does), and to share the disguised data so others can try different methodologies.

big_dataAt a more general level, what I draw from the various examples is this: If organizations are to set policy and frame practice based on data — to become “data-driven organizations,” in the current parlance — then they must put serious effort into the source, quality, and accessibility of data. That’s especially true for “big data,” even though many current “big data” advocates wrongly believe that volume somehow compensates for quality.

If we’re going to have productive debates about policy and practice in connection with copyright infringment or anything else, we need to listen to Moynihan: To have our own opinions, but to share our data.

Story of S, and the Mythology of the Lost Generation

argo_ver7_xlgDinner talk turned from Argo and Zero Dark Thirty to movies more generally. A 21-year-old college senior—I’ll call her “S”—recognized most of the films we were discussing. She had seen several, but others she hadn’t, which was a bit surprising, since S was an arts major, wanted to be a screenwriter, and was enthusiastic about her first choice for graduate school: the screenwriting program at a major California institution focused on the movie industry.

S had older brothers in the movie business, and she already had begun writing. What she needed, S said, was broader and deeper exposure to what made good screenplays. Graduate school would provide “deeper.” Her plan for “broader” was to watch as many well-regarded classics as possible, and apparently we were helping her map out that strategy.

But many of the films she wanted to see weren’t available on cable in her dormitory, even as pay-per-view. “Buying” or “renting” them online she found too expensive and awkward, especially given the number of films she wanted to see. So S was doing what unfortunately many students (and others) do: looking for movies on the Internet, and then streaming or downloading the least expensive version she could find. Since S’s college dormitory provided good Internet connectivity, S used that to download or stream her movies. Bluebeard_PirateUsually, she said, the least expensive version was an unauthorized copy, a so-called “pirate” version.

Some of us challenged her: Didn’t S realize that downloading or streaming “pirated” copies was against the law? Was she not concerned about the possible consequences? As a budding screenwriter, would she want others to do as she was doing, and deprive her of royalties? Didn’t it just seem wrong to take something without the owner’s permission?

S listened carefully—she was pretty sharp—but she didn’t seem convinced. Indeed, she seemed to feel that her choice to use unauthorized copies was reasonable, given the limited and unsatisfactory alternatives provided by the movie industry.

cary-shermanIn so believing, S was echoing the persistent mythology of the lost generation. I first heard Cary Sherman, the President of the Recording Industry Association of America (RIAA), use “the lost generation” to describe the approximately 25 million students who became digital consumers between two milestones: Napster‘s debut in 1999, which made sharing of MP3s ripped from CDs easy, and Apple’s discontinuing digital rights management (DRM) for most iTunes music in 2009, which made buying tracks legally almost as easy and convenient.

Even without the illusion that infringing materials were “free,” there were ample incentives to infringe during that period: illegal mechanisms were comprehensive and easy to use, for the most part, whereas legal mechanisms did not exist, were inflexible and awkward, and/or did not include many widely-desired items.

Age_of_Mythology_LinerBecause of this, many members of the lost generation adopted a mythology comprising some subset of

  • digital materials are priced too high, since it costs money to manufacture CDs and DVDs but the Internet is free,
  • profits flow to middlemen rather than artists, and so artists aren’t hurt by infringement,
  • DRM is just the industry’s mechanism for controlling users and rationing information,
  • people who stream or download unauthorized copies wouldn’t have bought legal copies anyway, and so copyright holders don’t lose any revenue because of unauthorized copying,
  • there’s no way to sample material before buying it, and so unauthorized sources are the only easy way to explore new or arcane stuff,
  • the entertainment  industry has no interest in serving customers, as evidenced by its keeping so much material unavailable,
  • copyright is wrong, since information should be free and users should just pay what they think it’s worth, and
  • (the illegitimate moral leap S and others make) therefore it’s “okay” to copy and share digital materials without permission.

Unfortunately, the lost generation’s beliefs, most of which have always been exaggerated or invalid, have been passed down to successor generations, a process accelerated rather than slowed by the current industry emphasis on monitoring and penalizing network users.

cool-hand-luke-martinWhy does the mythology persist?

There are the obvious technical and financial arguments: if illegal technology is more convenient that legal, and illegal content costs less than legal, then it’s not surprising that illegal stuff remains prominent.

But in addition, as the Captain might observe, what we have here is failure to communicate:

  • There’s lots of evidence that convenient, comprehensive services like Netflix, Amazon Prime Instant Video, Hulu, Pandora, and Spotify draw users to them even when there are illegal “free” alternatives. But for this to happen, users must know about those services. S clearly didn’t—we asked her specifically—and that’s a marketing failure.
  • Shoplifting and plagiarism are relatively rare, at least among individuals like S. Yet they have the same appealing features as “pirate” music and video. Somehow S and her peers have come to understand that shoplifting, plagiarism, and various similar choices are unethical, immoral, or socially counterproductive. Yet they don’t put copyright infringement in the same category. That’s a social, educational, and parental failure.
  • LSb_120504_345.jpgFor all kinds of arguably irremediable licensing, contractual, competitive, and anti-trust reasons, it remains stubbornly difficult to “give the lady what she wants“: in S’s case, a comprehensive, reasonably priced, convenient service from which she could obtain all the movies she wanted. Whether this is customers not conveying their wants to providers (in part because they can bypass the latter), or whether this is providers stuck on obsolete delivery models, it’s a business failure.
  • Colleges and universities are supposed at least to tell their students about copyright infringement, and to implement technologies and other mechanisms to “effectively combat” it. S had no idea that the consequences of being caught downloading or streaming unauthorized copies were anything beyond being told to stop. So far as she knew, no one, at least no one at her college, had ever gotten in trouble for that. And she’d never heard anything from her college—which was also her Internet service provider—about the issue. That’s a policy failure.

To be fair, S’s dinner comments endorsed only a small subset of the lost generation’s tenets, she seemed generally interested in the streaming services we told her about, and she was now thinking about the consequences of being caught downloading or streaming unauthorized copies—and about how lots of people doing that might affect her future earnings. So there was progress.

But ganging up on 21-year-olds at dinner parties is a very inefficient way to counteract the mythology of the lost generation. We—and by this I mean everyone: users, parents, schools, artists, producers, network providers—need  to find much better ways to communicate about copyright infringement, to help potential infringers understand the choices they are making, and to provide and use better legal services.

Especially until we do that last, this will be hard, and progress will be slow. But it’s progress we need if the intellectual-property economy is to endure.

The Importance of Being Enterprise

…as Oscar Wilde well might have titled an essay about campus-wide IT, had there been such a thing back then.

Enterprise IT it accounts for the lion’s share of campus IT staffing, expenditure, and risk. Yet it receives curiously little attention in national discussion of IT’s strategic higher-education role. Perhaps that should change. Two questions arise:

  • What does “Enterprise” mean within higher-education IT?
  • Why might the importance of Enterprise IT evolve?

What does “Enterprise IT” mean?

Here are some higher-education spending data from the federal Integrated Postsecondary Education Data Service (IPEDS), omitting hospitals, auxiliaries, and the like:

Broadly speaking, colleges and universities deploy resources with goals and purposes that relate to their substantive mission or the underlying instrumental infrastructure and administration.

  • Substantive purposes and goals comprise some combination of education, research, and community service. These correspond to the bottom three categories in the IPEDS graph above. Few institutions focus predominantly on research—Rockefeller University, for example. Most research universities pursue all three missions, most community colleges emphasize the first and third, and most liberal-arts colleges focus on the first.
  • Instrumental activities are those that equip, organize, and administer colleges and universities for optimal progress toward their mission—the top two categories in the IPEDS graph. In some cases, core activities advance institutional mission by providing a common infrastructure for the latter. In other cases, they do it by providing campus-wide or departmental staffing, management, and processes to expedite mission-oriented work. In still other cases, they do it through collaboration with other institutions or by contracting for outside services.

Education, research, and community service all use IT substantively to some extent. This includes technologies that directly or indirectly serve teaching and learning, technologies that directly enable research, and technologies that provide information and services to outside communities—for examples of all three, classroom technologies, learning management systems, technologies tailored to specific research data collection or analysis, research data repositories, library systems, and so forth.

Instrumental functions rely much more heavily on IT. Administrative processes rely increasingly on IT-based automation, standardization, and outsourcing. Mission-oriented IT applications share core infrastructure, services, and support. Core IT includes infrastructure such as networks and data centers, storage and computational clouds, and desktop and mobile devices; administrative systems ranging from financial, HR, student-record, and other back office systems to learning-management and library systems; and communications, messaging, collaboration, and social-media systems.

In a sense, then, there are six technology domains within college and university IT:

  • the three substantive domains (education, research, and community service), and
  • the three instrumental domains (infrastructure, administration, and communications).

Especially in the instrumental domains, “IT” includes not only technology, but also the services, support, and staffing associated with it. Each domain therefore has technology, service, support, and strategic components.

Based on this, here is a working definition: in in higher education,

“Enterprise” IT comprises the IT-related infrastructure, applications, services, and staff
whose primary institutional role is instrumental rather than substantive.

Exploring Enterprise IT, framed thus, entails focusing on technology, services, and support as they relate to campus IT infrastructure, administrative systems, and communications mechanisms, plus their strategic, management, and policy contexts.

Why Might the Importance of Enterprise IT Evolve?

Three reasons: magnitude, change, and overlap.

Magnitude

According data from EDUCAUSE’s Core Data Service (CDS) and the federal Integrated Postsecondary Data System (IPEDS), the typical college or university spends just shy of 5% of its operating budget on IT. This varies a bit across institutional types:

We lack good data breaking down IT expenditures further. However, we do have CDS data on how IT staff distribute across different IT functions. Here is a summary graph, combining education and research into “academic” (community service accounts for very little dedicated IT effort):

Thus my assertion above that Enterprise IT accounts for the lion’s share of IT staffing. Even if we omit the “Management” component, Enterprise IT comprises 60-70% of staffing including IT support, almost half without. The distribution is even more skewed for expenditure, since hardware, applications, services, and maintenance are disproportionately greater in Administration and Infrastructure.

Why, given the magnitude of Enterprise relative to other college and university IT, has it not been more prominent in strategic discussion? There are at least two explanations:

  • relatively slow change in Enterprise IT, at least compared to other IT domains (rapidly-changing domains rightly receive more attention that stable ones), and
  • overlap—if not competition—between higher-education and vendor initiatives in the Enterprise space.

Change

Enterprise IT is changing thematically, driven by mobility, cloud, and other fundamental changes in information technology. It also is changing specifically, as concrete challenges arise.

Consider, as one way to approach the former, these five thematic metamorphoses:

  • In systems and applications, maintenance is giving way to renewal. At one time colleges and universities developed their own administrative systems, equipped their own data centers, and deployed their own networks. In-house development has given way to outside products and services installed and managed on campus, and more recently to the same products and services delivered in or from the cloud.
  • In procurement and deployment, direct administration and operations are giving way to negotiation with outside providers and oversight of the resulting services. Whereas once IT staff needed to have intricate knowledge of how systems worked, today that can be less useful that effective negotiation, monitoring, and mediation.
  • In data stewardship and archiving, segregated data and systems are giving way to integrated warehouses and tools. Historical data used to remain within administrative systems. The cost of keeping them “live” became too high, and so they moved to cheaper, less flexible, and even more compartmentalized media. The plunging price of storage and the emergence of sophisticated data warehouses and business-intelligence systems reversed this. Over time, storage-based barriers to data integration have gradually fallen.
  • In management support, unidimensional reporting is giving way to multivariate analytics. Where once summary statistics emerged separately from different business domains, and drawing inferences about their interconnections required administrative experience and intuition, today connections can be made at the record level deep within integrated data warehouses. Speculating about relationships between trends is giving way to exploring the implications of documented correlations.
  • In user support, authority is giving way to persuasion. Where once users had to accept institutional choices if they wanted IT support, today they choose their own devices, expect campus IT organizations to support them, and bypass central systems if support is not forthcoming. To maintain the security and integrity of core systems, IT staff can no longer simply require that users behave appropriately; rather, they must persuade users to do so. This means that IT staff increasingly become advocates rather than controllers. The required skillsets, processes, and administrative structures have been changing accordingly.

Beyond these broad thematic changes, a fourfold confluence is about to accelerate change in Enterprise IT: major systems approaching end-of-life, the growing importance of analytics, extensive mobility supported by third parties, and the availability of affordable, capable cloud-based infrastructure, services, and applications.

Systems Approaching End-of-Life

In the mid-1990s, many colleges and universities invested heavily in administrative-systems suites, often (if inaccurately) called “Enterprise Reporting and Planning” systems or “ERP.” Here, again drawing on CDS, are implementation data on Student, Finance, and HR/Payroll systems for non-specialized colleges and universities:

The pattern of implementation varies slightly across institution types. Here, for example, are implementation dates for Finance systems across four broad college and university groups:

Although these systems have generally been updated regularly since they were implemented, they are approaching the end of their functional life. That is, although they technically can operate into the future, the functionality of turn-of-the-century administrative systems likely falls short of what institutions currently require. Such functional obsolescence typically happens after about 20 years.

The general point holds across higher education: A great many administrative systems will reach their 20-year anniversaries over the next several years.

Moreover, many commercial administrative-systems providers end support for older products, even if those products have been maintained and updated. This typically happens as new products with different functionality and/or architecture establish themselves in the market.

These two milestones—functional obsolescence and loss of vendor support—mean that many institutions will be considering restructuring or replacement of their core administrative systems over the next few years. This, in turn, means that administrative-systems stability will give way to 1990s-style uncertainty and change.

Growing Importance of Analytics

Partly as a result of mid-1990s systems replacements, institutions have accumulated extensive historical data from their operations. They have complemented and integrated these by implementing flexible data-warehousing and business-intelligence systems.

Over the past decade, the increasing availability of sophisticated data-mining tools has given new purpose to data warehouses and business-intelligence systems that have until now have largely provided simple reports. This has laid foundation for the explosive growth of analytic management approaches (if, for the present, more rhetorical than real) in colleges and universities, and in the state and federal agencies that fund and/or regulate them.

As analytics become prominent in areas ranging from administrative planning to student feedback, administrative systems need to become better integrated across organizational units and data sources. The resulting datasets need to become much more widely accessible while complying with privacy requirements. Neither of these is easy to achieve. Achieving them together is more difficult still.

Mobility Supported by Third Parties

Until about five years ago campus communications—infrastructure and services both—were largely provided and controlled by institutions. This is no longer the case.

Much networking has moved from campus-provided wired and WiFi facilities to cellular and other connectivity provided by third parties, largely because those third parties also provide the mobile end-user devices students, faculty, and staff favor.

Separately, campus-provided email and collaboration systems have given way to “free” third-party email, productivity, and social-media services funded by advertising rather than institutional revenue. That mobile devices and their networking are largely outside campus control is triggering fundamental rethinking of instruction, assessment, identity, access, and security processes. This rethinking, in turn, is triggering re-engineering of core systems.

Affordable, Capable Cloud

Colleges and universities have long owned and managed IT themselves, based on two assumptions: that campus infrastructure needs are so idiosyncratic that they can only be satisfied internally, and that campuses are more sophisticated technologically than other organizations.

Both assumptions held well into the 1990s. That has changed. “Outside” technology has caught up to and surpassed campus technology, and campuses have gradually recognized and begun to avoid the costs of idiosyncrasy.

As a result, outside services ranging from commercially hosted applications to cloud infrastructure are rapidly supplanting campus-hosted services. This has profound implications for IT staffing—both levels and skillsets.

The upshot is that Enterprise, already the largest component of higher-education IT, is entering a period of dramatic change.

Beyond change in IT, the academy itself is evolving dramatically. For example, online enrollment is becoming increasingly common. As the Sloan Foundation reports, the fraction of students taking some or all of their coursework online is increasing steadily:

This has implications not only for pedagogy and learning environments, but also for the infrastructure and applications necessary to serve remote and mobile students.

Changes in the IT and academic enterprises are one reason Enterprise IT needs more attention. A second is the panoply of entities that try to influence Enterprise IT.

Overlap

One might expect colleges and universities to have relatively consistent requirements for administrative systems, and therefore that the market for those would consist largely of a few major widely-used products. The facts are otherwise. Here are data from the recent EDUCAUSE Center for Applied Research (ECAR) research report The 2011 Enterprise Application Market in Higher Education:

The closest we come to a compact market is for learning management systems, where 94% of installed systems come from the top 5 vendors. Even in this area, however, there are 24 vendors and open-source groups. At the other extreme is web content management, where 89 active companies and groups compete and the top providers account for just over a third of the market.

One way major vendors compete under circumstances like these is by seeking entrée into the informal networks through which institutions share information and experiences. They do this, in many cases, by inviting campus CIOs or administrative-systems heads to join advisory groups or participate in vendor-sponsored conferences.

That these groups are usually more about promoting product than seeking strategic or technical advice is clear. They are typically hosted and managed by corporate marketing groups, not technical groups. In some cases the advisory groups comprise only a few members, in some cases they are quite large, and in a few cases there are various advisory tiers. CIOs from large colleges and universities are often invited to various such groups. For the most part these groups have very little effect on vendor marketing, and even less on technical architecture and direction.

So why do CIOs attend corporate advisory board meetings? The value to CIOs, aside from getting to know marketing heads, is that these groups’ meetings provide a venue for engaging enterprise issues with peers. The problem is that the number of meetings and their oddly overlapping memberships lead to scattershot conversations inevitably colored by the hosts’ marketing goals and technical choices. It is neither efficient nor effective for higher education to let vendors control discussions of Enterprise IT.

Before corporate advisory bodies became so prevalent, there were groups within higher-education IT that focused on Enterprise IT and especially on administrative systems and network infrastructure. Starting with 1950s workshops on the use of punch cards in higher education, CUMREC hosted meetings and publications focused on the business use of information technology. CAUSE emerged from CUMREC in the late 1960s, and remained focused on administrative systems. EDUCOM came into existence in the mid-1960s, and its focus evolved to complement those of CAUSE and CUMREC by addressing joint procurement, networking, academic technologies, copyright, and in general taking a broad, inclusive approach to IT. Within EDUCOM, the Net@EDU initiative focused on networking much the way CUMREC focused on business systems.

As these various groups melded into a few larger entities, especially EDUCAUSE, Enterprise IT remained a focus, but it was only one of many. Especially as the y2k challenge prompted increased attention to administrative systems and intensive communications demands prompted major investments in networking, the prominence of Enterprise IT issues in collective work diffused further. Internet2 became the focal point for networking engagements, and corporate advisory groups became the focal point for administrative-systems engagements. More recently, entities such as Gartner, the Chronicle of Higher Education, and edu1world have tried to become influential in the Enterprise IT space.

The results of the overlap among vendor groups and associations, unfortunately, are scattershot attention and dissipated energy in the higher-education Enterprise IT space. Neither serves higher education well. Overlap thus joins accelerated change as a major argument for refocusing and reenergizing Enterprise IT.

The Importance of Enterprise IT

Enterprise IT, through its emphasis on core institutional activities, is central to the success of higher education. Yet the community’s work in the domain has yet to coalesce into an effective whole. Perhaps this is because we have been extremely respectful of divergent traditions, communities, and past achievements.

We must not be disrespectful, but it is time to change this: to focus explicitly on what Enterprise IT needs in order to continue advancing higher education, to recognize its strategic importance, and to restore its prominence.

9/25/12 gj-a  

The Rock, and The Hard Place

Looking into the near-term future—say, between now and 2020—we in higher education have to address two big challenges, both involving IT. Neither admits easy progress. But if we don’t address them, we’ll find ourselves caught between a rock and a hard place.

  • The first challenge, the rock, is to deliver high-quality, effective e-learning and curriculum at scale. We know how to do part of that, but key pieces are missing, and it’s not clear how will find them.
  • The second challenge, the hard place, is to recognize that enterprise cloud services and personal devices will make campus-based IT operations the last rather than the first resort. This means everything about our IT base, from infrastructure through support, will be changing just as we need to rely on it.

“But wait,” I can hear my generation of IT leaders (and maybe the next) say, “aren’t we already meeting those challenges?”

If we compare today’s e-learning and enterprise IT with that of the recent past, those leaders might rightly suggest, immense change is evident:

  • Learning management systems, electronic reserves, video jukeboxes, collaboration environments, streamed and recorded video lectures, online tutors—none were common even in 2000, and they’re commonplace today.
  • Commercial administrative systems, virtualized servers, corporate-style email, web front ends—ditto.

That’s progress and achievement we all recognize, applaud, and celebrate. But that progress and achievement overcame past challenges. We can’t rest on our laurels.

We’re not yet meeting the two broad future challenges, I believe, because in each case fundamental and hard-to-predict change lies ahead. The progress we’ve made so far, however progressive and effective, won’t steer us between the rock of e-learning and the hard place of enterprise IT.

The fundamental change that lies ahead for e-learning
is the the transition from campus-based to distance education

Back in the 1990s, Cliff Adelman, then at the US Department of Education, did a pioneering study of student “swirl,” that is, students moving through several institutions, perhaps with work intervals along the way,before earning degrees.

“The proportion of undergraduate students attending more than one institution,” he wrote, “swelled from 40 percent to 54 percent … during the 1970s and 1980s, with even more dramatic increases in the proportion of students attending more than two institutions.” Adelman predicted that “…we will easily surpass a 60 percent multi-institutional attendance rate by the year 2000.”

Moving from campus to campus for classes is one step; taking classes at home is the next. And so distance education, long constrained by the slow pace and awkward pedagogy of correspondence courses, has come into its own. At first it was relegated to “nontraditional” or “experimental” institutions—Empire State College, Western Governors University, UNext/Cardean (a cautionary tale for another day), Kaplan. Then it went mainstream.

At first this didn’t work: fathom.com, for example, a collaboration among several first-tier research universities led by Columbia, found no market for its high-quality online offerings. (Its Executive Director has just written a thoughtful essay on MOOCs, drawing on her fathom.com experience.)

Today, though, a great many traditional colleges and universities successfully bring instruction and degree programs to distant students. Within the recent past these traditional institutions have expanded into non-degree efforts like OpenCourseWare and to broadcast efforts like the MOOC-based Coursera and edX. In 2008, 3.7% of students took all their coursework through distance education, and 20.4% took at least one class that way.

Learning management systems, electronic reserves, video jukeboxes, collaboration environments, streamed and recorded video lectures, online tutors, the innovations that helped us overcome past challenges—little of that progress was designed for swirling students who do not set foot on campus.

We know how to deliver effective instruction to motivated students at a distance. Among policy issues we have yet to resolve, we don’t yet know how to

  • confirm their identity,
  • assess their readiness,
  • guide their progress,
  • measure their achievement,
  • standardize course content,
  • construct and validate curriculum across diverse campuses, or
  • certify degree attainment

in this imminent world. Those aren’t just IT problems, of course. But solving them will almost certainly challenge IT.

The fundamental change that lies ahead for enterprise technologies
is the transition from campus IT to cloud and personal IT

The locus of control over all three principal elements of campus IT—servers and services, networks, and end-user devices and applications—is shifting rapidly from the institution to customers and third parties.

As recently as ten years ago, most campus IT services, everything from administrative systems through messaging and telephone systems to research technologies, were provided by campus entities using campus-based facilities, sometimes centralized and sometimes not. The same was true for the wired and then wireless networks that provided access to services, and for the desktop and laptop computers faculty, students, and staff used.

Today shared services are migrating rapidly to servers and systems that reside physically and organizationally elsewhere—the “cloud”—and the same is happening for dedicated services such as research computing. It’s also happening for networks, as carrier-provided cellular technologies compete with campus-provided wired and WiFi networking, and for end-user devices, as highly mobile personal tablets and phones supplant desktop and laptop computers.

As I wrote in an earlier post about “Enterprise IT,” the scale of enterprise infrastructure and services within IT and the shift in their locus of control have major implications for and the organizations that have provided it. Campus IT organizations grew up around locally-designed services running on campus-owned equipment managed by internal staff. Organization, staffing, and even funding models ensued accordingly. Even in academic computing and user support, “heavy metal” experience was valued highly. The shifting locus of control makes other skills at least as valuable: the ability to negotiate with suppliers, to engage effectively with customers (indeed, to think of them as “customers” rather than “users”), to manage spending and investments under constraint, to explain.

To be sure, IT organizations still require highly skilled technical staff, for example to fine-tune high-performance computing and networking, to ensure that information is kept secure, to integrate systems efficiently, and to identify and authenticate individuals remotely. But these technologies differ greatly from traditional heavy metal, and so must enterprise IT.

The rock, IT, and the hard place

In the long run, it seems to me that the campus IT organization must evolve rapidly to center on seven core activities.

Two of those are substantive:

  • making sure that researchers have the technologies they need, and
  • making sure that teaching and learning benefit from the best thinking about IT applications and effectiveness.

Four others are more general:

  • negotiating and overseeing relationships with outside providers;
  • specifying or doing what is necessary for robust integration among outside and internal services;
  • striking the right personal/institutional balance between security and privacy for networks, systems, and data; and last but not least
  • providing support to customers (both individuals and partner entities).

The seventh core activity, which should diminish over time, is

  • operating and supporting legacy systems.

Creative, energetic, competent staff are sine qua non for achieving that kind of forward-looking organization. It’s very hard to do good IT without good, dedicated people, and those are increasingly difficult to find and keep. Not least, this is because colleges and universities compete poorly with the stock options, pay, glitz, and technology the private sector can offer. Therein lies another challenge: promoting loyalty and high morale among staff who know they could be making more elsewhere.

To the extent the rock of e-learning and the hard place of enterprise IT frame our future, we not only need to rethink our organizations and what they do; we also need to rethink how we prepare, promote, and choose leaders for higher-education leaders on campus and elsewhere—the topic, fortuitously, of a recent ECAR report, and of widespread rethinking within EDUCAUSE.

We’ve been through this before, and risen to the challenge.

  • Starting around 1980, minicomputers and then personal computers brought IT out of the data center and into every corner of higher education, changing data center, IT organization, and campus in ways we could not even imagine.
  • Then in the 1990s campus, regional, and national networks connected everything, with similarly widespread consequences.

We can rise to the challenges again, too, but only if we understand their timing and the transformative implications.

The Ghost is Ready, but the Meat is Raw

Old joke. Someone writes a computer program (creates an app?) that translates from English into Russian (say) and vice versa. Works fine on simple stuff, so the next test is a a bit harder: “the spirit is willing, but the flesh is weak.”  The program/app translates the phrase into Russian, then the tester takes the result, feeds it back into the program/app, and translates it back into English. Result: “The ghost is ready, but the meat is raw.”

(The starting phrase is from Matthew 26:41 — the King James version has “indeed” before “willing”, ASV doesn’t, and weirdly enough, if you try this in Google Translate, the joke falls flat, because you get an accurate translation to Russian and back, except for some reason you end up with an extra “indeed” in the final version. It’s almost as though Google Translate has figured out where the quotation came from, and then substituted the King James version for the ASV one, but not quite correctly. Spooky. But I digress.)

Old joke, yes. Tired, even. But, as usual, it’s a metaphor, in this case for a problem that will only become larger as higher education outsources or contracts for ever more of its activity: we think we’ve doing the right thing when we contract with outside providers, but the actual effect of the contract, once it takes effect, isn’t quite what we expected. If we’re lucky, we figure this out before we’re irrevocably committed. If we’re unlucky, we box ourselves in.

Two examples.

1. Microsoft Site Licensing

About a decade ago, several of us were at an Internet2 meeting. A senior Microsoft manager spoke about relations with higher education (although looking back, I can’t see why Microsoft would present at I2. Maybe it wasn’t an I2 meeting, but let’s just say it was — never let truth get in the way of a good story). At the time, instead of buying a copy of Office for each computer, as Microsoft licenses required, many students, staff, and faculty simply installed Microsoft Office on multiple machines from one purchased copy — or even copied the installation disks and passed them around. That may save money, but it’s copyright infringement, and illegal.

Microsoft’s response to this problem had been threefold:

  • it began incorporating copy protection and other digital-rights-management (DRM) mechanisms into its installation media so that they couldn’t be copied,
  • it began berating campuses for tolerating the illegal copying (and in some cases attempted to audit compliance with licenses by searching campus computers for illegally obtained software), and
  • it sought to centralize campus procurement of Microsoft software by tailoring and refining its so-called “Select” volume-discount program to encourage campuses to license software campus-wide.

Problem was, the “Select” agreement required campuses to count how many copies of software they licensed, and to maintain records that would enable Microsoft to determine whether each installed copy on campus was properly licensed. This entailed elaborate bookkeeping and tracking mechanisms, exposed campuses to audit risk, and its costs into the future were unpredictable. The volume-discount “Select” program was clearly a step forward, but it fell far short of actually appealing to campuses.

So the several of us in the Internet2 session (or wherever it was) took the Microsoft manager aside afterwards, told him Microsoft needed a more attractive licensing model for campuses, and suggested what that might be.

To our surprise, Microsoft followed up, and the rump-group discussions evolved into the initial version of the Microsoft Campus Agreement. The Campus Agreement (since replaced by Enrollment for Education Solutions, EES) was a true site license: glossing over some complexities and details, its general terms were that campuses would pay Microsoft based on their size and the number of different products they wished to license, and in return would be permitted to use as many copies of those products as they liked.

Most important from the campus perspective, the Campus Agreement included no requirement to track or count individual copies of the licensed products, thereby making all copies legal; in fact, campuses could make their own copies of installation media. Most important from the Microsoft perspective, Campus Agreement pricing was set so that the typical campus would still pay Microsoft about as much as Microsoft had been receiving from that campus’s central or departmental users for Select or individual copies; that is, Micorsoft’s revenue from campuses would not decline.

The Campus Agreement did entail a fundamental change that was less appealing. In effect, campuses were paying to rent software, with Microsoft agreeing to provide updates at no additional cost, rather than campuses buying copies and then periodically paying to update them. Although it included a few other lines, for the most part the Campus Agreement covered Microsoft’s operating-system and Office products.

Win-win, right? Lots of campuses signed up for the Campus Agreement. It largely eliminated talk about “piracy” of MS-Office products in higher education (enhanced DRM played an important role in this too), and it stabilized costs for most Microsoft client software. It was very popular with students, faculty, and staff, especially since the Campus Agreement allowed institutionally-provided software to be installed on home computers.

But at least one campus, which I’ll call Pi University, balked. The Campus Agreement, PiU’s golf-loving CIO pointed out, had a provision no one had read carefully: if PiU withdrew from the Campus Agreement, he said, it might be required to list and pay for all the software copies that PiU or its students, faculty, and staff had acquired under the Campus Agreement — that is, to buy what it had been renting. The PiU CIO said that he had no way to comply with such a provision, and that therefore PiU could not in good faith sign an agreement that included it.

Some of us thought the PiU CIO’s point was valid but inconsequential. First, some of us didn’t believe that Microsoft would ever enforce the buy-what-you’d-rented clause, so that it presented little actual risk. Second, some of us pointed out that since there was no requirement that campuses document how many copies they distributed, and in general the distribution would be independent of Microsoft, a campus leaving the Campus Agreement could simply cite any arbitrary number of copies as the basis for its exit payment. Therefore, even if Microsoft enforced the clause, estimating the associated payment was entirely under the campus’s control. Those of who believed these arguments went forward with the Campus Agreement; Pi University didn’t.

So the ghost was ready (higher education had gotten most of what it wanted), but the meat was raw (what we wanted turned out problematic in ways no one had really thought through).

Now let’s turn to a more current case.

2. Outsourcing Campus Bookstores

In February 2012 EDUCAUSE agreed to work with Internet2 on an electronic textbooks pilot. This was to be the third in a series of pilots: Indiana University had undertaken one for the fall of 2011, it and a few other campuses had worked with Internet2 on second proof-of-concept pilot for the spring of 2012, and the third pilot was to include a broader array of  institutions.

Driving these efforts were the observations that textbook prices figured prominently in spiraling out-of-pocket college-attendance costs, that electronic textbooks might help attenuate those prices, and that electronic textbooks also might enable campuses to move from individual student purchases to more efficient site licenses, perhaps bypassing unnecessary intermediaries.

A small team planned the pilot, and began soliciting participation in mid-March. By April 7, the initial deadline, 70 institutions had expressed interest. Over 100 people joined an informational webinar two days later, and it looks as though about 25 institutions will manage to participate and help higher education, publishers, and e-reader providers understand their joint future better.

The ghost/meat example here isn’t the etext pilot itself. Rather, it’s something that caused many interested institutions to withdraw from the pilot: campus bookstore outsourcing.

According to the National Association of College Stores (NACS), there are about 4500 bookstores serving US higher education (probably coincidentally, that’s about the number of degree-granting institutions in the US, of which about two thirds are nonspecialized institutions enrolling more than just a few students). Many stores counted by NACS are simply stores near campuses rather than located on or formally associated with them.

Of the campus-located, campus-associated stores, over 820 are operated under outsourcing contracts by Follett Higher Education Group and about 600 are operated by Barnes & Noble College Booksellers. Another 140 stores are members of the Independent College Bookstore Association (ICBA), and the remainder — I can’t find a good count — are either independent, campus-operated, or operated by some other entity.

The arrangements for outsourced bookstores vary from campus to campus, but they have some features in common. The most prominent of those is the overall deal, which is generally that in return for some degree of exclusivity or special access granted by the campus, the store pays the campus a fee of some kind. The exclusivity or special access may be confined to textbook adoptions, or it may extend to clothing and other items with the campus logo or to computer hardware and software. The payment to the campus may be negotiated explicitly, or it may be a percentage of sales or profit. Some outsourced stores are in campus-owned buildings and pay rent, some own a building part of which is rented to campus offices or activities, and some are freestanding; the associated space payments further complicate the relationship between outsourced stores and campuses but do not change its fundamental dependence on the exchange of exclusivity for fees.

For the most part outsourcing bookstores seems to serve campuses well. Managing orders, inventories, sales, and returns for textbooks and insignia items requires skill and experience with high-volume, low-margin retail, which campus administrators rarely have. Moreover, until recently bookstore operations generally had little impact on campus operations and vice versa.

Because bookstore operations generally stood apart from academic and programmatic activities on campus, negotiating contracts with bookstores generally emphasized “business” issues. Since these for the most part involved money and space, negotiations and contract approvals often remained on the “business” side of campus administration, along with apparently similar issues like dining halls, fleet maintenance, janitorial service, lab supply, and so forth. Again, this served campuses well: the campus administrators most attuned to operations and finance (chief finance officers, chief administrative officers, heads of auxiliary services) were the right ones to address bookstore issues.

Over the past few years this changed, first gradually and then more abruptly.

  • First, having bookstores handle hardware and software sales to students (and in some cases departments) came into conflict with campus desires to guide individual choices and maximize support efficiency through standardization and incentives, none of which aligned well with bookstores’ need to maximize profit from IT sales — an important goal, with campus bookstore sales essentially flat since 2005-2006 despite 10%+ enrollment growth.
  • Second, the high price of textbooks drew attention as a major component of growing college costs, and campuses sought to regain some control over it — NACS reports that the average student spends $483 on texts and related materials, that the average textbook price rose from $56 in 2006-2007 to $62 in 2009-2010, and that the typical margin on textbooks is about 22% for new texts and 35% for used ones.
  • Third, as textbooks have begun to migrate from static paper volumes to interactive electronic form, they have come to resemble software more than sweatshirts in that individual student purchases through bookstores may not be the optimal way to distribute or procure them.

That last point — that bookstores may not be the right medium for selling and buying textbooks — potentially threatens the traditional bookstore model, and therefore the outsourcing industry based on it. Not surprisingly, bookstores have responded aggressively to this threat, both offensively and defensively. On the offensive front (I mean this in the sense “trying to advance”, rather than “trying to offend”), the major bookstore chains have invested in e-reader technology, and have begun experimenting extensively with alternative pricing and delivery models. On the defensive front, they have tried to extend past exclusivity clauses to include electronic texts and other new materials.

Many campuses expressed interest in the EDUCAUSE/Internet2 EText Pilot, going so far as to add themselves to a list, make preliminary commitments, and attend the webinar. Filled with enthusiasm, many webinar attendees began talking up the pilot on their campuses, and many of them then ran into a wall: they learned, often only when they double-checked with their counsel in the final stages of applying, that their bookstore contracts — Barnes & Noble and Follett both — precluded their participation in even a pilot exploration of alternative etext approaches, since the right to distribute electronic textbooks was reserved exclusively for the outsourced bookstore.

The CIO from one campus — I’ll call it Omega University — discovered that a recent renewal of the bookstore contract provided that during the 15-year term of the contract, “the Bookstore shall be the University’s  …exclusive seller of all required, recommended or suggested course materials, course packs and tools, as well as materials published or distributed electronically, or sold over the Internet.”  The OmegaU CIO was outraged: “In my mind,” he wrote, “the terms exclusive and over the Internet can’t even be in the same sentence!  And to restrict faculty use of technology for next 15 years is just insane.”

If the last decade has taught us anything, it is that the evolutionary cycle for electronic products is very short, requiring near-constant reappraisal of business models, pricing, and partnerships. That someone on campus signed a contract fixing electronic distribution mechanisms for 15 years may be an extreme case, but we’ve learned even from less pernicious cases  that exclusivity arrangements bound to old business models will drastically constrain progress.

And so the ghost’s readiness again yielded raw meat: technological progress translated well-intentioned, longstanding bookstore contracts that had served campuses well into obstacles impeding even the consideration of important changes.

3. So What Do We Do?

It’s important to draw the right inference from all this.

The problem isn’t simply Microsoft trying to lock customers into the Campus Agreement or bookstore operators being avaricious; rather, they’re acting in self-interest, albeit self-interest that in each case is a bit short-sighted.

The compounding problem is that we in higher education often make decisions too narrowly. In the case of the Campus Agreement, we were so focused on the important move from per-copy to site licensing, a major win, that we didn’t pay sufficient negotiating time or effort to the so-called exit clauses — which, in retrospect, could certainly have been written in much less problematic ways still acceptable to Microsoft. In the case of bookstore contracts, we failed to recognize that what had been a distinct, narrow set of activities readily handled within business and finance was being driven by technology into new domains requiring foresight and expertise generally found elsewhere on campus.

Sadly, there’s no simple solution to this problem. It’s hard to take everything into account or involve every possible constituency in a decision and still get it done, and decisions must get done. Perhaps the best solution we can hope for is better, more transparent discussion of both past decisions and future opportunities, so that we learn collectively and openly from our mistakes, take joint responsibility for our shared technological future, and translate accurately back and forth between what we want and what we get.