The Tech Start-Up’s IP Dilemma

September 4, 2016 Leave a comment
When it comes to tech entrepreneurship, a good Intellectual Property (IP) strategy will often play a critical role in the difference between unbridled success versus failure-inducing infringement lawsuits. How should technology entrepreneurs and start-ups approach the difficult task of balancing IP protection vs. commercialization considerations in the dynamic, financial and geo-political landscape of today?

In the face of recent global financial meltdowns, migrant refugee crises, global terrorism and regional upheavals (e.g. BREXIT), things may become exponentially more complicated. In terms of IP, the key question for many high-growth start-ups is how to negotiate the daunting landscape of protocol, jurisdiction and regulatory compliance requirements for each new market that they penetrate.

3 key factors, in my opinion, need to be taken into consideration when attempting to address these particular challenges as follows:

Pay to play – The digital world has ushered in a shift from transactions to a more interaction based economy. According to Constellation Research Principal, Andy Mulholland, three distinct types of time-zone based interactions can be recognized in this new environment. They comprise of: reflex interactions (e.g. autonomous machine to machine interactions); service based interactions (i.e. multiple, coordinated services interacting to deliver value to customers / subscribers / end-users); and finally, cognitive interactions (delivering enhanced value as part of a ‘smart’ system and ecosystem).

Changing of the Guard – IP is a moveable feast, and sooner or later any proponent of “free-to-use” IP soon become vigorous advocates of IP protection once they start producing their own. Nations that were once net consumers of IP, with scant regard for anti-piracy measures, will often become rabid defenders of international IP laws when they start producing more IP than they consume. The same applies to start-ups who initially think nothing of appropriating other people’s IP in other to create or enhance their own products / services, but then go on to spend oodles of funding money with top IP lawyers to protect or defend their IP as they mature.

Caring, sharing, gig economy – The last point is very much about the real cost of freedom and flexibility. The so called “Gig economy”, which offers short term roles for hordes of contingent workers (aka ‘micro entrepreneurs’), has been popularised by the likes of Uber, Airbnb and Deliveroo, because they promise a greater degree of freedom and flexibility than traditional employer / employees models. The new gig economy players typically provide a platform for exchanging goods and services, but sometimes this can verge on the traditional ’employee’  domain, (e.g. wearing uniforms with the platform providers logo), instead of an independent provider. This blurring of lines could be interpreted by many as an attempt by platform operators to have their cake and eat it, and this has contributed to the recent spate of high profile law suites and demonstrations by irate contingent workers. Such disruptive business practices bring to mind the threat posed to traditional content industries by file sharing platforms such as: Naptster, Grokster, Pirate Bay and Megaupload, who all got sued to smithereens. The sad thing is that such repercussions, if unchecked, can serve to dampen the innovative vigour of said ‘gig economy’ platform operators. A middle ground must be found where it will be possible to explore the frontiers of the new gig economy without trampling over the rights of its participants. The promise of freedom and flexibility alone may not be worth the pixels through which it is displayed.

In conclusion, when it comes to startup entrepreneurship in today’s world, it takes a certain level of awareness to negotiate the myriad challenges facing new innovative / disruptive entrants to most markets. One of the key criteria for success, (in addition to having the right ideas, resources, team and opportunity / timing), is the presence of a good strategy for intellectual property and how it can be employed to the benefit of the organisation. It is no accident that California USA, with its high concentration of IP based industries, is the 6th largest economy in the world, therefore it goes without saying how important it is for startups to identify and protect any IP assets, right from the start.

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Disclosure: The above post is derived from a soon-to-be-published article in the next edition of BCS Digital Leaders newsletter. Also the topic of start ups and IP will be the focus of the next BCS Entrepreneurs speed mentoring event which I’ll be chairing in the next few weeks.

And while I was away…

September 1, 2016 Leave a comment
My last post, about Blockchain, Bitcoins and Trust Machines, must have pulled a Rip Van Winkle stunt on me because I just blinked and here I am, almost 5 months later and what’s more, the world seems to have gone a little bonkers.
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The BREXIT vote happened (yes it did), and The Donald may well be on his way to the Whitehouse (heaven help us all). On the tech front, AI is making a strong play for headlines post “big data” and IoT trends of last year, and Apple got hit by a hefty 13BN tax bill by the EU, while Mark Zuckerberg got downright local in Lagos, Nigeria. However, it was not all bad news because the Rio Olympics seemingly surpassed all expectations (at least for the Brits), and apparently went very well – Zika or no.
In any case, sporadic flashes of hazy memory seem to indicate I may have been extremely busy, especially judging by my last Salesforce blog post (something about turning experts into trusted advisors). If so, that may well account for the memory lapse – I’ll just have to be more careful next time.
That said, it’s nice to post again on this blog and I look forward to sharing more thoughts on key topics of interest, such as my next post which will be about IP and tech startups, so watch this space…

Block Bits and Chain Coins: The Trust Machine Jigsaw

April 1, 2016 1 comment

The topic of Bitcoin, and other cyber currencies, as well as the underlying Blockchain technology is still top of mind for various industries, with frequent: events, blog posts, articles and sundry news items firmly focused on them.  I have also contributed to the deluge with a recently published article in the BCS ITNow magazine, as well as a forthcoming event on the “darker side of Internet technology”, but more on that later.

Last week I attended a BCS London Central event about Bitcoin technology “that could change the world”, featuring Simon Taylor, VP Entrepreneurial Partnerships at Barclays bank. As you might imagine, banks and other financial institutions are at the cross-hairs of any impending / potential disruption by Bitcoin and its Blockchain technology. Given the history of other similar disruptions in other industries, many financial institutions have been quick jump into the ring in order to figure out the best way to take advantage of the new challenge / opportunity rather than just sit back or ignore it.

To this end, Simon did a great job shedding some light on key initiatives by members of the financial services, (including banks and Barclays in particular), on the topic of Bitcoin and other crypto-currencies. My top take-aways from the event include:

  1. Building Blocks – Bitcoin is great, but platforms like Ethereum have really made Blockchain relevant for organisations to build their own applications – i.e. by providing the Lego building blocks for creating useful applications for the banks of tomorrow.
  2. FUD still rules – Opinions differ and people argue as to just what is Blockchain. Is it just the underlying technology used for Bitcoin, or does it include other incarnations and applications of similar mechanisms? A lot of confusion is being caused by misconceptions around Blockchain – e.g. “people keep coming up with Blockchain ‘solutions’ for just about anything”. However, if you do use Bitcoin based solutions, you must beware of implications for data protection, Safe Harbour and industry regulations.
  3. Using a hammer to crack a nut – Simon questioned whether it was really necessary to put up with the immense overhead required for permission-less ‘proof of work’ systems such as Bitcoin, when the faster permissioned versions could be just as effective, albeit with a certain degree less end-to-end security, integrity and non-repudiation capability in comparison to Bitcoin.
  4. Bitcoin keys can also be lost or stolen – Blockchain does not provide a solution for key management, so How can this be mitigated. This could be a potential role for trusted intermediaries, such as banks.
  5. Q&A: How can other organisations (e.g. NHS) successfully leverage such tech? – Simon’s advice to the NHS Director in the audience was to get educated on the topic and then experiment like mad. Barclays does this by first creating an experiment script or hypothesis then outsourcing the work to local / friendly start-ups for rapid turnaround. The resulting outcome is then studied and pulled apart by multi-disciplinary experts from Barclays (e.g. compliance / risk / security teams) before a recommendation is made. Most other industries can follow this model.

Overall, I thought this was a good event which was well attended by a very engaged 100 strong audience. The chosen topic and focus also made a perfect setup for the aforementioned BCS “Darkside” event which is scheduled to take place on 26th April, and features some excellent speakers and their perspectives on the seamier sides and uses of Bitcoin and Blockchain technology. Don’t miss it!

 

Becoming Salesforce: Beyond Cloud Services

March 9, 2016 Leave a comment

I’ve always maintained (here and here) that a tradition for innovation trumps mere culture of innovation hands down. This was clearly demonstrated at a recent boot camp for new joiners to Salesforce, in San Francisco. Judging by the frenetic pace of a week long immersion in all things Salesforce, the work involved in introducing and maintaining the  Salesforce ‘Ohana’ culture of innovation is a relentless and never-ending pursuit that is worthy of any tradition.

SF Boot Camp

By all accounts this was a ‘mega’ boot camp event, comprising over 250 new hires from many different countries and regions. Below are my top three takeaways from the event:

1: Ohana and Value Alignment
Salesforce believes passionately in giving back to the local community and included a day one agenda item for attendees to undertake pro bono work for some of the local charities. After a couple of hours physical labour, one starts to realise just how serious Salesforce takes the 1-1-1 pledge (i.e. to contribute one percent of employee time / resources / products to help local communities via charity, education and other worthy causes). As if that wasn’t enough, Chief Adoption Officer, Polly Sumner later bought  the point home with a passionate talk about how each employee must make it a mission to define their purpose and actively pursue it by aligning with company values and recording as individual annual objectives. The result: a committed workforce that is empowered to make meaningful and positive contributions, as part of their day job and career aspirations. Given such a culture, it is not surprising why and how customer success is the ultimate raison d’etre for Salesforce

2 – Change is rapid and constant
Several speakers, over the course of the event, took pains to emphasize the need to adapt and adopt a fast paced mentality in order to survive and thrive in Salesforce. With three major (as in all the bells and whistles) releases each year, the Salesforce platform and clouds are constantly evolving to become ever faster, smarter and more personalised with each new release. The latest offerings in Analytics (Wave), user experience (Lightning) and Internet of Things (IoT Cloud) is merely a foretaste of what is likely to manifest on such a dynamic platform. If you are inclined to wonder how or why I can say this things, then look no further than the amazing level of talent gathered at the event. Every background was represented, from ex-marines to rocket scientists, or ex McKinsey, Deloitte, IBM and Capgemini consultants, plus key talent from competitors such as Oracle, Microsoft and SAP. The Force is strong in the Ohana.

3 – Awesome is more than just a word
I must have counted over one hundred separate utterances of the word ‘awesome’ (including two completely unforced instances by yours truly), but suffice it to say I have yet to come across any organisation where employees seem to be in such awe of their own, er  ‘awesomeness’, for lack of a better word. As part of the boot camp, we were also introduced to all the Salesforce clouds i.e.: Sales, Service, Marketing, Apps, Community, Analytics and  IoT Clouds. What is truly impressive is how they all integrate and work together or separately as per customer requirements. A typical customer pitch kicks of with the inevitable Safe Harbour statement and a thank you to the customer, followed by a description of the new technology, new business and new philanthropic models espoused by Salesforce and how that could be made to work better for the customer. It is indeed a brave new world for cloud services.

Overall, the boot camp delivered an unabashed experience of the Salesforce Ohana culture and, given the number of attendees at this event, there definitely is a strong demand for more talented people with the right experience and mindset to join such a fast growing organisation. Finally, and by all indications, Salesforce is certainly showing the hall marks of a company with a clear tradition for innovation that is deeply rooted in its values. Long may it continue, and I can’t wait to see what’s next on the ever changing horizon. Mahalo!

More Perils of Reusing Digital Content

February 7, 2016 Leave a comment
Some time ago I wrote an article and blog post entitled “the perils of reusing digital content” looking at the key challenges facing users of digital content which thanks to the power of computing and the Internet has become more easily available, transferable and modifiable. It says a lot about the age in which we live that this is still not universally perceived to be a good thing. It also explored the Creative Commons model as a complementary alternative to a woefully inadequate and somewhat anachronistic copyright system in the digital age. Since then the situation has got even more complex and challenging thanks to the introduction of newer technologies (e.g. IoT), more content (data, devices and channels), and novel trust / sharing mechanisms such as blockchain. 


I’ve written a soon-to-be-published article about blockchain, from which the following excerpt is taken:  “Blockchains essentially provide a digital trust mechanism for transactions by linking them sequentially into a cryptographically secure ledger. Blockchain applications that execute and store transactions of monetary value are known as cryptocurrencies, (e.g. Bitcoin), and they have the potential to cause significant disruption of most major industries, including finance and the creative arts. For example, in the music industry, blockchain cryptocurrencies can make it economically feasible to execute true micro-transactions, (i.e. to the nth degree of granularity in cost and content). There are already several initiatives using blockchain to demonstrate full transparency for music payments – e.g. British artiste Imogen Heap’s collaboration with UJO Music features a prototype of her song and shows how income from any aspect of the song and music is shared transparently between the various contributors.”


The above scenario makes it glaringly obvious that IP protection in digital environments should be focused more on content usage transparency rather than merely providing evidence or enforcing copying and distribution restrictions. The latter copy and distribute restriction model worked well in a historically analog world, with traditionally higher barriers-to-entry, whereas the former transparent usage capability plays directly to the a strength of digital – i.e. the ability to track and record usage and remuneration transactions to any degree of granularity, (e.g. by using blockchain).


Although it may sound revolutionary and possibly contrary to the goals of today’s content publishing models, in the longer term, this provides a key advantage to any publisher brave enough to consider digitising and automating their publishing business model. Make no mistake, we are drawing ever closer to the dawn of fully autonomous business models and services where a usage / transparency based IP system will better serve the needs of content owners and publishers.


In a recent post, I described a multi-publishing framework which can be used to enable easier setup and automation of the mechanisms for tracking and recording all usage transactions as well as delivering transparent remuneration for creator(s) and publisher(s). This framework could be combined with Creative Commons and blockchains to provide the right level of IP automation needed for more fluid content usage in a future that is filled with autonomous systems, services and business models.


Introducing a Framework for Multi-Publishing

January 16, 2016 1 comment

I believe that in a highly connected digital world, the future of content publishing lies with creating interlinked manifestations of a core concept or theme. I like to think of this as “multi(n) publishing”, (where ‘n’ stands for any number of things, e.g.: aspect / channel / facet / format / genre / sided / variant / etc.), or multi-publishing for short. To this end, I’ve created a framework which could prove very useful for conceptualizing and executing multi-publishing projects. Read on to find out more.

  1. Why Multi-Publishing?

There is increasing evidence of an evolution in the way people consume digitally enabled content, e.g.: watching a TV show whilst surfing the web, talking on the phone to a friend and posting comments on social media – all of which may or may not relate to each other or a single topic. This has put enormous pressure on content creators and publishers to find new ways to engage their audience and deliver compelling content to people that live in a world surfeit with competing content, channels, devices and distractions. In the above scenario, broadcasters have tried, with varying degrees of success, to engage viewers with second or multi-screen, content (e.g.: show on TV, cast info on website / mobile site, plus real time interaction on Social Media – all related to the show). Furthermore, the average attention span of most users appears to have shrunk and many prefer to ‘snack’ on content across devices and formats. This doesn’t bode well for the more traditional long-form content upon which many creative industries were established. As a result, many in the content production, publishing and marketing industries are seeking new ways to engage audiences across multiple devices and channels with even more compelling content and user experiences.

  1. What is Multi-publishing?

In this context, the term “multi(n) publishing” (or multi-publishing) describes the manifestation of a core concept / theme as distinct but inter-linked works across multiple media formats, channels and genres. This is somewhat different from other similar related terms such as: multi-format (or cross-media), multi-channel, single source, or even multi-platform publishing. The last one being mainly used by marketers to describe the practice of taking one thing and turning it into several products across a spectrum of online, offline and even ‘live’ experiential forms. The key difference between these terms and multi-publishing is that the latter encompasses them all, and more. In fact, the multi-publishing framework is closer to the information science idea of conceptualisation. Also, and perhaps more importantly, the various manifestations of multi-published content are not necessarily brand identical to the originating (aka ‘native’) core concept, or to each other. However, each and every manifestation is intended to be unique and distinct, yet able to enhance each other and provide a fuller and more fulfilling experience of the overall core concept.

  1. How does it work?

In order to achieve the desired outcome of the whole being more than a sum of its parts, it makes sense for creators and publishers to bear in mind, right from the outset, that their works will likely be: used, reused, decomposed, remixed and recomposed in so many different ways, (including new and novel expressions of which they couldn’t possibly imagine at the time of creation). Therefore, they must recognize where and how each of their output content fits within the context of a multi-publishing content framework or architecture. The diagram below is just such a framework (in mindmap form) and demonstrates the narrative-like progression of a single core concept / theme across various stages and interlinked manifestations.

The Multi-Publish Concept

This is only an example of what content creators and their publishers must consider and prepare as part of their creative (inspiration) and publishing (exploitation) process. It requires the creation and/or identification of a core concept which is manifest in the expression of the art (e.g. in the: story, song, prose, images, video, game, conversations or presentations etc), and which can be used to link each and every format, channel or media in which the concept is expressed.

Finally, the use of multi-publishing frameworks can also enable easier setup and automation of tracking and recording of all usage transactions, and potentially any subsequent remuneration for creator(s) and publisher(s), in a transparent manner, (perhaps using a trust mechanism such as blockchain). I will explore this particular topic in a subsequent post on this blog. In any case, there remains one key question to be answered, i.e.: how can or should we consider protecting core concepts or algorithms at the heart of multi-publishing frameworks, and if so what form should such protection take?

2015 in review

December 30, 2015 Leave a comment

The WordPress.com stats helper monkeys prepared a 2015 annual report for this blog.

Here’s an excerpt:

A San Francisco cable car holds 60 people. This blog was viewed about 1,100 times in 2015. If it were a cable car, it would take about 18 trips to carry that many people.

Click here to see the complete report.

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