I just received a headline from the Wall Street Journal alerting me that Thomas Rubin, Microsoft's associate general counsel for copyright, trademark and trade secrets, made a speech today to the American Association of Publishers in which he has accused
Google of a "cavalier approach to copyright." Specifically, he cites Google's book project and YouTube as instantiations of this "cavalier" approach. Indeed.
I consider myself a soldier on the front lines of intellectual property, especially as that real estate in the digital realm. It is a complex and important topic. My professional opinion swings somewhere between a tribal belief that the photographer is trying to still my soul to the other extreme, one who believes that Marcel Duchamp is brilliant.
Not for one instant do I believe Google is the root cause of the problem. I think that, in the spirit of Carnegie and Bechtel they are skating out to the far edges of this icy lake and will at some point find themselves on top of an unsupportable position. Be that as it may, for anyone with any memory, Microsoft is climbing up the flagpole of hypocrisy. Specifically, can we remember what a tremendous "innovation" of Windows 3.0? Or Apple's Mac OS? Or, better still, Xerox StarOffice? And we've all heard the story about the monkey and the flagpole.
Puh-lease. We know that Microsoft is suddenly facing some competition from Google. Frankly, I can't figure out why I should be using any local apps anymore when I can use gmail + gdocuments + everything from 37signals etc. and so forth. And, as I recounted below, I recently installed a Linux for the first time and am looking forward to doing it again. There's no doubt that the public at large and the Dark Forces setting Public Valuation are absolutely over the moon about Google and, therefore, Microsoft feels Google must be killed. Now. With Extreme Prejudice. Netscape was just the warm up, a distraction. Google is shipping Shipping Something Important.
But it is hard for me to believe that Microsoft wants to insert the then edge of the wedge (or stiletto) between the opposing forces debating how to apply copyright in the digital realm. It's such old ground for them. Instead, just speaking as a consumer, I would rather Microsoft expend its energy and intellectual capital on the creation of Real Innovations that Attract My Business rather than levy a toll on my participation. Microsoft has had plenty of chances to ship something amazing and in return they bring us Vista and Flight Simulator. And if they want to do something constructive about digital copyright, then I propose they engage with Creative Commons and the Electronic Frontiers Foundation.
--And stop throwing rocks, please.

