Much, much more…

Let’s put it out there: SOPA is design to regulate the internet. Period. And, not just the U.S.  internet but, the whole internet; giving the U.S. Justice Department the power to sue companies in other countries and shut down their web sites. You can dance around the subject all you want. But, the fact still remains that the law puts in place a set of rules (e.g., regulations) with concrete consequences (e.g., punishments like fines and jail). Sure, those that support the law claim that it helps protect those who work is illegally obtained. But, there are also many who claim it wouldn’t do anything of the sort. Those intent on pirating software would simply move to places where U.S. laws can’t reach. It’s very simple and it’s been done many times before.

Unfortunately, as of this writing, there is more support for SOPA than there is opposition. Many of those opposed to the law – Google, Yahoo and Wikipedia among them – have tried to negotiate less ambiguous terms. Like me, they believe that a well written law can mitigate potential problems – and this isn’t one of them. The Digital Millennium Copyright Act was just such a law. One of the many things it does is afford those in violation of copyright laws the opportunity to make it right by removing the offending material. SOPA makes no such provisions. Indeed, it does just the opposite. Under SOPA, a business that is merely accused of violating copyright laws can have it’s web site shut down and all sites linking to it must remove their links. The “offending” business has very little recourse. It also is forced to accept punishment without due process.

A Solution named “DRIT”

Whether SOPA becomes law remains to be seen. However, there are plenty of ways to skin a cat. And, as unpopular as it may be to the plutocrats of our society, I have one. Enact legislation to reduce the statute of limitations for the time copy-written material enters the public domain. We can call it the “DRIT” – or, the Digital Rights and Information Treaty. (I call it a “treaty” because it seems there has been an ongoing digital war regarding intellectual property between producers and consumers for a while now. We all need to bury the hatchets. I called it “DRIT” because I just like the juxtaposition with SOPA and soap.)

Currently, U.S. law dictates that a work may be copy-written for a period lasting the life of the author of the work plus 70 years. The law and its arbitrary timeline was written 34 years ago and well before broadband transmission of movies and music was a household reality. It never took into account that in 2012 and unlike 1978, the vast majority of people who are going to pay for the privilege to view or hear copy-written material are probably going to do so with the first decade after its release. I say “probably” because, though the New York Times graph shows the largest percentage of box office revenue for the greatest number of movies since 1986 came within the first two months after it’s release, I was unable to find hard statistics on the revenue generated by copy-written works over the life of a copyright. I would love if someone could find such a statistic. However, I think it’s fair to say that the same trend – to a lesser degree – happens when movies are released to DVD and Netflix.

Now, will this plan stop pirates? No. It won’t. If someone is intent on seeing a movie or hearing a song the day that it was release and without paying for it – they will. It will likely have the same short-term results as SOPA – which is not much. However, in the long term, how would affect things? Would people be willing to wait ten years – instead of a ridiculous seventy years or more – to watch a movie they’d rather not pay for and aren’t sure they’ll even like?

Anecdotally, I can tell you they will wait to see a movie. Popular when my cohorts it was first released in 1992, it was more than ten years after its release that I was staying in a motel with free cable that I finally saw Bram Stoker’s “Dracula” starring Gary Oldman and Winona Ryder. I know, technically it was “paid” by the motel people. But, the theory still stands. I didn’t want to pay to see the movie when it was released (I was a so-called “goth” at the time and thought the movie exploited and commercialized a “lifestyle” – oy vey. How did my parents ever put up with me?)

The point is, I was willing to wait to see it while the vast majority of my friends paid for the privilege of seeing it when it was released. Isn’t that kinda the business model we have now? We pay $15 for a movie ticket and get to see it the day of or shortly after its initial release. If we don’t see it at the movies, we can pay a discounted rate (i.e., a dollar a day at Redbox, two bucks a Blockbuster, a cable subscription, etc.) to see it a month or two later. After that, we can pay a few cents per movie and see it on Netflix. Lastly, if we’re lucky, the movie is really good and have a decent air wave broadcast network at our disposal, we can see it for free but commercially sponsored on network TV using nothing more than a pair of old-fashioned rabbit ears a few years after its release (They’re circular hi-def Micky Mouse ears, now. But, you get my point.).

A New Year…

So, why not get rid of that arbitrary lifetime+70 year limit? Well, for one, there is still a small but substantial amount of money to be made at the 99 cent bin of movie producing – 70+ years’ worth. It would require studio execs to give up that potential revenue and take a loss – as opposed to our giving up our freedoms and going to… yanno… jail. They would probably have to recoup that lost revenue by raising prices on movie tickets and Netflix streams. But, at $15, movie tickets are already expensive. On the plus side, Netflix (even with its DVD subscription) is still pretty damn cheap. What’s an extra dollar or three in the name of freedom?

We’ll all need to compromise on this issue. There will be some choosing between lesser evils. But, the alternative – that is, SOPA – is far and away the worst and greatest evil there is. The internet should be free. Those that abuse that freedom should be held accountable. But, there’s no reason why we can’t redefine an outdated law to fit with the present day instead of making felons out of preschool Christmas carolers on YouTube.

Happy Holidays, All!

-David Kaplan

My Recent Disastrous Experience

I was recently called “unflappably positive” by a friend and I largely think that’s true. I tend to look at the positive in most things – even when things don’t initially seem to go that way.

I’ve been interviewing and pitching myself and my ideas for 15 years now. Though most of the jobs I get are long term (sometimes indefinite) contracts, the interview process is virtually identical when seeking a full-time, permanent position. Potential employers and clients want to know one’s background, skills, personality and compatibility with the position. There’s also that “x-factor” – that “click” between a potential employer and employee. It’s the thing that makes a great relationship (whether it be personal or professional) and is much larger than the sum of the relationship’s parts.

A recent and initially negative interview experience was just such a case. I was working through a recruiter for a long term contract-to-hire position and had scheduled the interview for the early afternoon. Believing I would have plenty of time in the morning, I also scheduled a routine doctors appointment first thing in the morning. Unfortunately, the doctor was running an hour late and I was left waiting. I managed to see the doctor but because of the extra time spent waiting and the need to change, shower and drive over an hour to the interview site, I was running exceedingly late. I had to call the recruiter and ask to have the interview time pushed back one hour. The recruiter was initially unable to reach the interviewer – who also happened to be the president and COO of the company – but we agreed that I would make my way to the company as soon as possible and hope they could reach the president in transit to explain the situation.

On my way and despite having Google maps and GPS, I got lost twice. I neglected to bring a copy of my resume (a big no-no according to most career advice columns) as well as a pen for taking notes. In my mind, things were not looking very good and I had thoughts of calling to reschedule for another day or cancel the interview altogether. But, being the unflappable positive person that I was, I figured – at the very least – even if there was little chance of making a good impression and getting the job the experience would serve to keep my interview skills sharp.

From Lemons…

While in transit, the recruiter managed to get a hold of the president, explain the situation and inform them I would be between half an hour and one hour late. It turned out, because of getting lost and unexpected traffic, I was an hour and fifteen minutes late. Another seeming nail in the coffin.

Eventually, I arrived. I briefly looked in my rear-view mirror to check my hair, sighed and rolled my eyes at myself because I was sure I wouldn’t get the job. As an IT and design person, I have little experience in PR damage control. Even if I did have that experience, I was certain the best Madison Avenue PR firm couldn’t manage the mistakes and mishaps that began this interview process.

I introduced myself to the receptionist who then escorted me to the nearby conference room and asked me to wait. An unnamed shadow walked by the conference room and my heart sank. But, it wasn’t yet time to meet that giant of a person, the one would admonish me for my imperfections, who would scold me for my lack of professionalism and who would seal my fate this day. Though I’ve been doing this for years, I always seem to carry inside with me this younger, greener version of me just out of college who is intimidated by anyone resembling a powerful corporate suit. I think most of us are like that when we meet a potential employer for the first time and regardless of our time on this earth. Bottom line, I was nervous. And, rightfully so. I had fouled up this interview beyond repair, hadn’t I? In the aftermath of the biggest economic recession since the Great Depression, employers were inundated with resumes from available – and punctual – web developers, weren’t they?

What happened next (and what you probably won’t hear in advice columns and from the hiring managers) surprised me. He entered and apologized for keeping me waiting. I instantly thought to myself, “It’s only fair, right? I more than deserve it. He has no reason to apologize!”

Making no excuses, I immediately apologized for my own lateness, he accepted my apology and we sat down to the interview. We talked. Though successful and powerful within the organization, he wasn’t eight feet tall nor did he come with a flogging whip and guillotine in tow. He turned out to be an exceedingly nice guy. What had I forgot – in my self-serving, perfectionist mind – is that no one is perfect. Everyone screws up. And, most sane employers realize that people have personal lives that sometimes overflow into their professional lives. In a nutshell, most people realize that sometimes… shit happens.

… To Sweet, Sweet Lemonade.

After a few minutes going back and forth about experiences both professional and personal, I was introduced to the person who would be my immediate supervisor. We talked for a bit. They were looking to create web applications. I have a ton of experience making web applications. He was looking for someone who could work in a .Net-based back end. I can work in a .Net-based back end. He was looking for someone with HTML, CSS and JavaScript experience with a good eye for design and who could create an intuitive, eye-catching user interface. I can do that and more. He and his staff love Star Wars. I watch obscure YouTube videos featuring audio from James Earl Jones’ older movie characters dubbed over Darth Vader Star Wars scenes (WARNING: Funny, but uses bad language).

Next up, I met with the VP of HR. She explained the company’s benefits policy then both she and the CFO explained their “safe harbor” 401(k) policy (I had no idea what that was. Basically, it’s a guaranteed raise after three months permanent employment with company). They asked me if I felt my skills fit the job and then we all talked about family, friends and apple dumplings.

After an hour and a half, I felt the interview went well. It had that “x-factor”. During the entire process I felt welcomed, confident and – the initial gaffs not-withstanding – competent. After leaving the interview, I thought to myself, “If they actually offer me this position, that would show real flexibility, compassion and human understanding on their part. And, that’s a company I REALLY want to work with.” I got a call the next day. I got the job.

Postmortem: Being Myself Because Others have to Live with Me.

There’s no question that things could have gone better. If I could do it over again, I would have left more time to commute to the interview and made sure I had all the things I needed  like resumes (which they came prepared with) and a pen (which the interview didn’t require).  But, looking deeper into the experience, there’s something more. I’m now employed by a compassionate company more interested in an overall fit than focusing on human imperfections. The company’s culture is one of flexibility and seeking the right person for the job rather than a rigid punching of the clock. Sure, like every company and as a rule, they expect one to be prompt and show up on time. And, they have deadlines that will need to be met. But, people don’t work in a vacuum and it’s nice to know they realize that.

And, I wouldn’t have known that if I had acted on the thought to cancel the interview instead of accepting that I’m a flawed person.

As I said in the beginning of this article, I hate when people give me one-size-fits-all career advice. My resume is four pages long – not one or two like some “career coaches” proselytize. I don’t focus or plan out each and every word opting, instead, for a little spontaneity and living life on life’s terms. And, I try (although, sometimes unsuccessfully) to remember that what may seem like a career-ending/Apocalypse-inducing mistake to me may be nothing more than a minor blip to someone else.  Either way, one will learn about themselves and their employer not through resting on the laurels of one’s successes but through the failures one overcomes.

-David Kaplan

Separating Fad from Fact

So, I’ve spent the better part of the last few years improving my skills in front and back end development and learning new ways to enhance UI and UX designs. My reluctance to enter the mobile app market has concerned me, however. In college, I once had someone claim that the internet was just a “fad”. Obviously, I didn’t agree with that assessment and I’m glad I didn’t. But, in respect to my resistance to developing mobile apps I’ve been asking myself, “Am I now the close minded one? Am I relating mobile apps to ‘fad’ status because of some intellectual laziness? Am I just getting old?” Well, while I am getting old and while I’m occasionally prone to laziness, it appears that my instincts are correct to some degree.

The world’s largest software company – Microsoft – has officially endorsed cloud storage and computing as the next wave in software and application development. Apple previously moved in that direction with iCloud. But, Apple only holds a 5% market share on applications. Microsoft hold significantly more than that. And, with the release of Windows 8, cloud based mobile application usage is about to get a big boost.

Let me be clear, I don’t think that mobile devices are a fad. Quite the contrary. I feel that mobile devices free people to do more while on the go and all this in lightweight multi-function packages. Even laptops need a place to sit to be useful. But, the applications themselves need not exist. They present a fundamental problem. In order to properly create a mobile app, one needs to learn two languages to be minimally effective – Objective-C for iOS and/or Java for Android and Blackberry. Learning a new language is within the domain of most programmers, however, so is choosing wisely which languages to learn. Often we are left with the notion that we must learn whatever our clients are demanding right now. However, not every client is sophisticated enough to understand the evolution of technology and, in either case, spending time learning what will help someone’s career in the short term rather than investing time in learning for the long term is folly, at best. Anyone remember VRML? I do. I learned it. That knowledge doesn’t much help me or my clients now.

The Big 360

It appears that the IT world is doing a giant 360 degree turn when it comes to applications. In the good ol’ days of computing, mini and mainframe computers were all the rage. Applications resided on a large computer warehoused somewhere remotely and the applications were accessed via a dummy terminal. Sound familiar? There are plenty of advantages to cloud based applications. As a developer, the main advantage to me is simple – it’s platform agnostic. Cloud apps use server languages that are already ubiquitous like .Net and PHP. And for the front-end, one can implement a robust app using nothing more than HTML and JavaScript. Any developer worth his salt already knows at least three of these four languages. And, it doesn’t matter which language you choose. Anything you develop will still work regardless of the platform.

Another important advantage of cloud based applications is security. Yes, security. Downloaded applications can be directly hacked and reverse compiled. The server side programming of a web page cannot. Web pages also can’t transmit viruses without some human interaction. Mobile apps containing viruses simply need to be installed.

The Bottom Line

There’s also the business profit side of the equation. Mobile apps can be easily copied and distributed by any software pirate with a modicum of knowledge. It would take a lot more effort to pirate the functional back end of a web application and, even if you did, you would still need to bypass the secure account servers in which the applications reside in order to make the code useful.

There are significant disadvantages to consumers, as well. But, as I was writing this I came across an article just published by Frog creative director Scott Jensen in .net Magazine called “Mobile apps must die!”. I covers the consumer concerns of mobiles apps and why they pose a large problem. I highly recommend.

As with all things, technology continues to evolve. If you are a mobile application developer right now, kudos to you. But, going forward, I recommend investing some time in learning cloud based application development and developing a method to efficiently create software usable across a spectrum of devices. Your clients (and their budget) will thank you.

-David Kaplan

For as long as there’s been large groups of people there have been riots and mobs. In some case, large groups of people with a common goal assembling to protest an injustice or oppressive government can result in positive change. Indeed, the United States Constitution guarantees our rights to peaceably petition the government and assemble.

However, in many cases peaceful protest turns to violent rioting. Sometimes, the only goal of assembly is to violently rampage. This is the case, recently, with the growing phenomenon of “flash mobs”. Here, in the city of Philadelphia, it is just such a phenomenon that has brought unwanted world-wide press coverage, condemnation from city leaders, destruction, looting and personal injury. This isn’t a Philly-only phenomenon. Copycat events have recently been reported in Ohio, Maryland, Minneapolis, Chicago, Cleveland, New York, Washington and California. Citing the fact that mobs and rioting have been part of the human experience for thousands of years, some have asked, “What’s so different about this?”

The difference is that, today, these mobs can be organized and executed in a “flash” – hence the term, “flash mob”. In the past, one could see the proverbial pitchforks and torches in the air from a distance thus giving a potential victim the chance to run, set up a defense or get out of the way. Flash mobs come without such a warning. Recently, there have been numerous cases where social media services like Facebook, Twitter and others have played a significant part in the clandestine organization of these flash mobs. According to a recent CNN report, “Authorities said they believe at least some of these incidents were triggered by calls on social-networking sites to meet up and wreak havoc, although they cannot say for certain.”

Despite this uncertainty, there is clear evidence that social media is involved. In August, a Los Angeles rapper used Twitter to entice his 500,000+ follower to simultaneously call L.A.’s 911 call center massively jamming the phone lines, putting lives at risk and costing the city a lot of time and money. After denying he had any involvement (he said it was a “mistake” and his Twitter account was “hacked”) and under threat of criminal investigation, the rapper eventually capitulated and apologized. During the London riots, Blackberry Messenger was cited as one of the main organizing tools the rioters used to cause havoc in and around the city.

As a new media professional (and the brother of a cop), I see these events as something that impacts the lives and livelihoods of direct and indirect victims of flash mobs orchestrated by social media. After speaking with numerous colleagues who are part of the Philadelphia Area New Media Association (PANMA), the overwhelming response was  that helping the City of Philadelphia combat this problem using our skills and knowledge of new media is a worthwhile endeavor.

In the coming weeks, I’ll be gathering a group of like-minded new media professionals to discuss and brainstorm ideas and ways we can help law enforcement professionals combat this growing problem. If you wish to participate in helping and have experience and ideas to share, feel free to contact me via the contact form on this web site.

-David Kaplan

This was an intro sequence for the Ameriflex, LLC “Employee Training Video Library”. It was completed using After Effects, Photoshop, Sound Booth and Premiere.