Web-Tones

Marketing is not evil (revisited):

Link: Doc Searls Weblog � Go from hell. I am a big fan of the "good doctor" and "the cluetrain manifesto" was a major part of the inspiration behind "Silicon Stories" but I do not understand Doc's obsession with the "evil that is marketing."

Sure, I don't necessarily want to be marketed to 24/7 on each and every connected device that I own and over the telephone at dinner, or most other times, but that does not lead me to the conclusion that "marketing is evil." Doc may not be going this far, but his rants are pretty damn close.

Our (as in "us Americans") ability to market has led to one of the greatest standards of living the world has ever known. Yeah, there are no perfect economic systems, but this one has managed to work quite well, thank you very much, despite the fact it often abuses the least of those among us and over compensates the rest.

Even the non-marketing "buy side movement" will require marketing if it is to succeed!

The Changing World of Copyright

Link: Fair Use Means Big Money. This is the kind of empirical data the might sway policymakers and/or the courts. Fair Use (FU) allows for a protected form of cultural dissemination and that, it turns out, is damn good news for the economy.

I have yet to read the study, but I certainly plan to. Look for a more detailed follow-up post.  The FU doctrine (no pun intended) is now codified and has been part of the common law for quite some time, however, it is not as widely used as an affirmative defense in practice due to the fear of litigation costs. Most "little guys" simply cannot afford to assert their rights and fold when threatened. This often allows "Big Copyright Holders" the ability to win through intimidation.

The courts have been reluctant to alter the status quo due in part to the fact that there has been no demonstrable evidence of PAIN. This study may help to shed some light on this issue.

Rough Type: Nicholas Carr's Blog: Adblock Plus: what would Jesus do?

Link: Rough Type: Nicholas Carr's Blog: Adblock Plus: what would Jesus do?. While I agree with most of Nick's analysis I am not necessarily convinced that Jesus would be anti-market or anti-advertising. The hidden premise here being that Jesus was the "original socialist." A more plausible argument is that Jesus might have believed in a "less Darwinian market" but the basic workings of supply and demand and a free and open marketplace are not necessarily, or even probably, inconsistent with the kind of Christianity espoused by Lord himself--including marketing and advertising (i.e. marketing and advertising are NOT evil). Granted I am far from an expert on these matters, so consider the source.

Newton's Law: The Third Wave Center of Gravity

Link: Chuck Newton: From New York City To A Pine Cabin In Vermont. Chuck Newton constantly surprises with thought provoking "stuff." His marketing advice for solo practitioners is so on point that he should consider doing an eBook on the topic. He was recently featured in my law practice management class as a respected guru in this space. Chuck, you are "hitting the big time" and the recognition is well deserved! Simply stated, the man has a gift with language and it is a wonderful thing that these enabling technologies (Web 2.0) have given him a platform for his voice to be heard.

At a certain deep level of abstraction, Chuck nails it once again. There is not much difference between the "ad man" and "the lawyer." Both work in the realm of ideas (hopefully) and both ultimately get paid based on their quality. Whether these emanate from a cabin in Vermont or the high rise downtown is becoming more and more irrelevant!

That my friends is Newton's law.

The Next Killer App?

Service is the next killer app!

How many "lost hours" have you spent with your phone/cable/utilities company trying to resolve a billing dispute? How often have you cursed those automated voice machines when they repeatedly failed to understand you? How many of us automatically hit "zero" when presented with a confusing, and almost always useless, set of automated menu options? How many of us cringe when we get tech support with a foreign accent, with agents not empowered to do much of anything except follow the damn script?

We are not "seats or eyeballs or consumers BUT human beings! Deal with it."

That is one of the famous quotes from the "cluetrain manifesto" and becomes more and more on point as time passes. We are so obsessed with automation and efficiency that we woefully neglect the human experience. I can assure you that "vendors" (including attorneys) that crack the "service code" are going to acquire a significant competitive advantage.

Here are some stats on why clients leave attorneys:

• 1% die
• 3% move
• 5% dislike the product
• 24% have some dispute that does not get adjusted
• 67% leave because they feel they were treated discourteously, indifferently, or simply were not provided good service

I rest my case.

Caveat Emptor!!

Link: Futurelawyer: The Unkindest Cut of All - Apple cuts prices on IPhone. I rarely disagree with the The Future Lawyer, primarily because most of the time he is right (and quick to tell you so) BUT this time I beg to differ. If you were crazy enough to spend $600 for a "fashion item" then you should just STOP WHINING about it.

How long have we known about "Moore's Law?" Everyone knew that this toy would be coming down in price and still the geek masses rushed to buy! Jobs may, or may not, be throwing consumers a bone with the rebate (i.e. since it is a store credit) but he need not apologize for capitalizing on fashion. It is simply the way that the fashion business works.

It's Called Marketing Stupid

Link: Download This: YouTube Phenom Has a Big Secret - WSJ.com. Clearly the music business is starting to "get it" regarding viral marketing, but what about the legal industry? Coming from a background in the tech industry, where marketing is like breathing, the legal industry appears to me to be a "strange bird" indeed. Lawyers seem to think that there is something untoward about marketing and self promotion. Why is that? Well I don't know but I suspect that some incumbents have a vested interested in propagating this myth.

Sure there are the professional responsibility rules that prohibit certain activities, but I can assure you that I have read them carefully and there is lots of room for creativity, either despite the rules or perhaps because of them. Law school certainly does not prepare anyone for the "business of the law" and in some ways helps propagate the "we are too dignified" to market mentality.

Marketing is not evil. It is the American way. If done correctly it can be both honorable and profitable! The Internet is providing a kind of "leveling effect" and opening up niches right and left, the key of course is "how to get the word out?"  The answer is to use the medium as intended (i.e. swim with the sharks) and become literate regarding how Google works, especially its page rank algorithm.

Stay tuned...

That's It?

Link: 10 Future Web Trends. I like the "guys" at R/W Web but this post just goes to show you that the "future prediction business is hard work." I mean come on, the Semantic Web and Artificial Intelligence, haven't these ideas already died 1000 deaths?

The really interesting thing about the future is that we have NO idea, NONE, where the next major breakthrough is likely to come from, and if by some chance we happen to hit on it, we would be shouted down as crazy and given a million and one reasons why our guess won't work.

Return of the Boyz From Redmond

Link: Software via the Internet: Microsoft in ‘Cloud’ Computing - New York Times. If anyone thought that Microsoft (MS) would sit idly by and watch its franchise destroyed they have not been awake for the last twenty years. The truth is that MS has always been more of a "fast follower" than an innovator. Does anyone remember "embrace and extend?" The strategy described in the link above resonates with those of us that have seen this movie before.

You can be sure that MS will "bet the farm" once again. Why? Because it has no choice. At the end of the day this will ultimately benefit consumers, because everyone else (read Google) will be forced to "call or up the ante." The major difference this time is that the competition is well armed with serious weapons (and talent) at its disposal.

Should be a fun ride!

When the Levee Breaks

Link: Tech GC Reflections on Big Law. I was led to this post by Chuck Newton  (a rider of the third wave) and it suggests what many of us have been writing about for quite some time now: "The Times They are A Changin." There is no way that the legal industry (read Big Law) is going to escape the drive for efficiencies that "globalization" and enabling technologies are mandating.

Cisco's General Counsel sounds a similar note here. The message is quite clear, especially if you hope to do business with tech firms, improve both your efficiency and your effectiveness or you will not be doing business with us. Given who they work for, these GC's are likely to be influential in organizations such as the ACC.

The alarms are being sounded and the word will spread, when the levee breaks there will be no place to run. Having said all that, Big Law will NOT disappear anytime soon, it is more like to be a "death of 1000 cuts" unless of course "they" manage to turn the ship around at sea--a difficult proposition but not impossible.

Law Firm: The Three Evils

OK, I shamelessly borrow great "stuff" wherever I find it, and here again I am borrowing from my good friend Chris Saah, CIO and all-around tech visionary (often known to "channel Steve Jobs").

There may be more than "three evils" with respect to law firm technologies (high probability) but I want to focus only on three today (you can call these "Chris' three" although he used them in reference to an entirely different industry).

1. Paper. Paper is surely evil. Expensive to manage and store. More and more firms need to figure out how to get by with as little as possible, recognizing that it may never go away entirely is no excuse for killing more trees and continuing to run a less efficient practice.
2. Email. People are beginning to wake up to just how evil email can be. Firms lagged in their implementation and now are addicted to this stuff. But in many circumstances there are better ways to communicate--start to wean yourself off of this addiction--think collaborative communications platforms.
3. PCs. Yes you heard that right, the personal computer is evil. How can that possibly be? Well, because you can't get to it (most can't) in an "anywhere/anytime" basis and it doesn't get backed up as often as it should, and finally, it is subject to all kinds of man-made and natural disasters (think fires and Katrina). Virtual PCs are already available at a theater near you.

Yes, as Yogi Berra once said, "the future ain't what it use to be." Deal with it. Can I get a witness?

DMCA Shifting Winds

Link: Science Fiction Writers of America abuses the DMCA - Boing Boing. As this post illustrates, you can shoot yourself in the head by the indiscriminate use of DMCA "takedown notices." Not only can it be bad PR, that is when the purported use clearly falls under the "Fair Use" doctrine and the bogus "takedown" simply gives more "legs" to "bad press," BUT it can expose the sender to potential legal liability as in this case. The courts are starting to take notice and someone is "fixin" to get whacked!

Of course, there are legitimate uses for the DMCA "takedown" provision, and to give them "teeth" the courts are likely to respond by sanctioning abuses. Stay tuned, things are starting to move quite fast here...