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WIPF2022: A different mindset for emerging technologies and intellectual property.

October 16, 2022 Leave a comment

As promised, this is a summary post with my top 5 takeaways from the recent World IP Forum 2022 conference I attended in Bangkok, Thailand. 

WIPF2022

What a pleasure it was to meet, mingle and exchange ideas with a global cast of IP professionals across three days of wall-to-wall conversations, panels and presentations by experts in the legal profession, international business and government agencies. Kudos to the organisers, especially Navi Agarwal and Jeet Agarwal for a fantastic show with a truly international worldview.

Top five learnings and takeaways from WIPF2022 Bangkok:

  1. Patents are huge – the level of interest and discourse around patents reflect, in my opinion, their powerful potential to play a major role in redefining the IP landscape for a fast emerging world of tomorrow.
  2. DABUS (AI owned patents) – this is really doing the rounds as a bell weather case that shows up constraints and limitations of current legal frameworks, expert understanding and jurisdictional perspectives on emerging technologies and IP. 
  3. AI and Personhood – exhaustive discussions on why AI can’t be recognised as author / owner of IP. This is mainly down to AI not being considered a natural person – a key requirement for IP ownership in many places. I wonder if and when that is likely to change with more DABUS-like cases sure to come along.
  4. Rise of the techno-lawyers – By the way, it seems I’m encountering more and more legal professionals with a technical background – this is a most interesting trend, and has left me thinking perhaps I ought to study IP law too – hmmm!
  5. Still early days – And still lots of room to explore, understand and adapt emerging technologies and impact. Call to Action: read up and research AI, Blockchain and other emerging technologies because in 5 years or less they’ll impact your practice. 

My conclusion – It’ll require a different mindset to harness opportunities and/or tackle challenges presented by emerging technologies and intellectual property. For example, one of the most insightful questions I heard on the Metaverse panel was: …why use web2 rules for web3 worlds – i.e. how and why are we trying to figure out the rules of metaverse using only real world legal systems and lawyers? …Duh!

My panel presentation on emerging technologies and the future of content & IP is centred on this last point, as I introduced a three-point framework for looking at future state systems and how they might apply to IP considerations.  More to come on this topic so watch this space!

Intellectual Property and Emerging Technologies

October 9, 2022 Leave a comment

A new course certificate – Yes, another one. There’s a theme here…

MIT Sloan – Short course on blockckchain for business innovation

I must say this one was particularly challenging, but even more rewarding, as it helped reshape and validate my notion that no single one of these ’game changer’ technologies can match over-hyped expectations all by themselves. Instead, and perhaps obviously, it’ll take certain combinations and mashups of two or more of these technologies to create the right value propositions for robust, real-world applications that can finally meet and / or exceed current expectations.

As a result, I remain steadfast in my conviction, and even doubling down my commitment to stay at the sharp end of emerging technology and the impact on society, businesses and individuals.

For example, I’m excited to be on a panel discussing Emerging Technology and Intellectual Property at the World IP Forum 2022 event taking place on 10th-12th October, in Bangkok Thailand. I will be talking about the role of emerging technologies and the next phase of digital content and rights management. Intellectual Property, such as Copyright, must evolve to keep pace with new technologies and novel uses of the works they’re designed to protect, (in both physical and digital realms, as well as in the spaces between them).

From past experience, events such as these offer great opportunities to share and learn from others, as well as networking with speakers, moderators and attendees. It’s great to be back on the circuit, and and I may do a summary post following the event, or perhaps even a podcast as Gen Z folks supposedly demand.

Are NFTs the future of digital IP and the creative world, or just a remix of DRM and all its woes? (Part 5)

February 14, 2022 4 comments

This is last in a series of posts to share some observations, opinions and conclusions on this intriguing technology which sits squarely at the intersection of digital, creativity and intellectual property. The topic is broken down into the following parts:

  1. What are NFTs (and the non-fungibility superpower)?
  2. What has this got to do with Intellectual Property (and content protection)?
  3. Does it mean that NFTs are like DRM remixed?
  4. How does it affect the creative industry today and in the future?
  5. Summary observations and conclusions.
Read more…

Are NFTs the future of digital IP and the creative world, or just a remix of DRM and all its woes? (Part 4)

February 6, 2022 4 comments

This is fourth in a series of posts to share some observations, opinions and conclusions from playing with this intriguing technology that sits squarely at the intersection of: digital technology, creative content and intellectual property. The topic is broken down into the following parts:

  1. What are NFTs (and the non-fungibility superpower)?
  2. What has this got to do with Intellectual Property (and content protection)?
  3. Does it mean that NFTs are like DRM remixed?
  4. How does it affect the creative industry today and in the future?
  5. Summary observations and conclusions.
Read more…

Are NFTs the future of digital IP and the creative world, or just a remix of DRM and all its woes? (Part 3)

February 5, 2022 4 comments

This is third in a series of posts to share some observations, opinions and conclusions from playing with this intriguing technology that sits squarely at the intersection of digital technology, creative content and intellectual property. The topic is broken down into the following parts:

  1. What are NFTs (and the non-fungibility superpower)?
  2. What has this got to do with Intellectual Property (and content protection)?
  3. Does it mean that NFTs are like DRM remixed?
  4. How does it affect the creative industry today and in the future?
  5. Summary observations and conclusions.
Read more…

Are NFTs the future of digital IP and the creative world, or just a remix of DRM and all its woes? (Part 2)

January 23, 2022 4 comments

This is second in a series of posts I drafted to share some observations, opinions and conclusions from playing with this intriguing technology that sits squarely at the intersection of: creative content, digital tech and intellectual property. The topic is broken down into the following parts:

  1. What are NFTs (and the non-fungibility superpower)?
  2. What has this got to do with Intellectual Property (and content protection)?
  3. Does it mean that NFTs are like DRM remixed?
  4. How does it affect the creative industry today and in the future?
  5. Summary observations and conclusions.
Read more…

Are NFTs the future of digital IP and the creative world, or just a remix of DRM and all its woes? (Part 1)

January 15, 2022 4 comments

To be perfectly frank, I consider it an evolution of the same thing, TLAs not withstanding (pls. see glossary at the end). Intellectual Property (or IP), that most artificial and enforceable economic right, is becoming somewhat sexified by Web3 technologies and new opportunities for decentralisation. So what does that mean for the future of creative industries?

Read more…

The World Beyond Blockchain – Part 3/3: After the Storm

March 18, 2018 Leave a comment

My 2 previous posts on this topic described: the perfect storm that has brought things to this point (part 1/3), and explored current and emerging trends (part 2/3). This final post reflects on what will most likely play out after all the dust has settled.

After the storm – What’s next for the Blockchain
Given the current frothy state of most Blockchain based cybercurrencies, many people foresee a disastrous crash, or massive correction at least, and one may be forgiven for taking a skeptical view of the future of Bitcoin and it’s ilk. However, in light of the previously discussed factors, it is certain that the Blockchain is only starting its ascendence into every facet of human interaction with machines and with each other. When the dust finally settles, it is almost certain that the Blockchain will assume its rightful place as a key enabler of the fourth industrial revolution. A couple of indicators that clearly point the way towards this eventuality are:

1 – Moving from fission to fusion:
We are currently witnessing what can only be described as a period of explosive innovation based on / fueled by several disruptive and/or emerging technologies, including: AI, IoT, nanotech, biotech, robotics, 3-D printing, autonomous systems and vehicles, materials & energy tech, quantum computing and the Blockchain. This rapid outward acceleration of disruptive innovation is somewhat akin to nuclear fission, where each disruptive tech development sparks a chain reaction with other disruptive technologies and applications. However, even that pales in comparison with the potential disruptive power of emerging tech mashups which may be more likened to nuclear fusion. For example, a Blockchain powered Artificial General Intelligence (AGI) system running an IoT platform reeks of potential disruption overdrive. The recent 60 second $36M ICO of Singularity.Net’s Blockchain powered AI platform clearly shows that it’s just a matter of when, not if such an eventuality will manifest.

2 – Demographic expansion
Time and again it has been observed that teams with a higher diversity of people tend to produce more and better innovation, and this is something which can be seen with Blockchain and its myriad applications. For example, at an event I attended about Blockchain in developing countries, it was refreshing to see 50% of the panel were women in CxO roles, leading their organisations in navigating and deploying innovative Blockchain applications and disruptive use cases. Outside of a seemingly diversity challenged Silicon Valley, the Blockchain appears to be a magnet for diversity, with pools of entrepreneurs, users and disruptive use cases that cuts across traditional stereotypes and geo-political, socio-economic, demographic or even academic boundaries. It appears to be agnostic of age, gender, race or religious backgrounds, which is perhaps unsurprising given the multi-disciplinary influences and inputs required to create useful, successful Blockchain applications. Disciplines involved include: mathematics, psychology, philosophy, cryptography, computing, politics, economics and sociology. However, a lot still needs to be done in other areas because increased inequality represents one of the greatest concerns associated with the 4th Industrial Revolution.

Weathering the Storm: How to avoid the deluge and ride the wave
Below are my top tips for surviving and thriving through the period of disruptive cultural evolution that is bound to accompany the advent of this fourth industrial revolution and one of its key enablers:

1. Education – Get up to speed with Blockchain, and other emerging technologies, read simple introduction guides and watch videos from reputable sources, but please beware the excessive noise and froth of F.U.D out there, as not everyone is an expert.

2. Analyse your own situation – What does Blockchain mean for you as an individual, and for your organization or communities? Try to define your own use cases according to your area of expertise, and perhaps help your organization or community define or contribute to their Blockchain strategy.

3. People come first – Always put humanity first. A good dash of human compassion and grace will go a long way in future, because all emerging technology will ultimately become part of the plumbing enabling humanity, but even super humans need the right values too.

Finally, I’m no investment expert and the following does not in any way constitute investment advice, but for specific instruments, such as cryptocurrency and ICOs, it may be prudent to adopt a risk averse strategy and avoid any speculation, due to their relative immaturity. Otherwise some common sense approach will be required to even consider dabbling. For example, never gamble what you cannot afford to lose, or invest in something you do not understand, and always keep an eye on the regulatory landscape!

In conclusion, I believe the Blockchain will continue to be a fascinating topic for a while yet, but as more and more use cases become reality, it will ultimately go the way of other great enabling technologies (e.g. the Internet and Worldwide Web) and become part of the background infrastructure upon which yet more life changing innovation will emerge. You can bet on that!

The World Beyond Blockchain – Part 2/3: The Eye of the Storm

February 15, 2018 1 comment
Even as early as 2013, it was already clear the immense impact that Blockchain could have on: industries, individuals and society at large. Even as Bitcoin futures markets were launched in late 2017 (complete with cryptocurrency primer), and as the Bank of England considers introducing a UK cryptocurrrency, it is instructive to observe the speed at which things develop and evolve, almost on a daily basis. For example, the intense volatility of a major cryptocurrencies such as Bitcoin, with over 50% drop from a peak of almost $20,000 (in Dec 2017) to less than $8000 (in Feb 2018) is actually considered by some to be business as usual. Blockchain expert, Haydn Jones, at BlockchainHub, suggests that such highs and lows are actually indicative of active trading by buyers and sellers in a robust market. Besides, several other factors may also have exacerbated the huge price movement, e.g.: price manipulation (see allegations against Bitfinex / Tether), opportunistic short selling, tougher regulatory landscape, and even the Chinese / Lunar New Year!

 

 

Regardless of ongoing cryptocurrency price fluctuations, the above diagram depicts several key industries and activities which are currently or imminently undergoing, significant disruption by the Blockchain.

 

According to Blockchain researcher, Bettina Warburg, the Blockchain “provides a shared reality across non-trusting entities” which helps to: reduce uncertainty (via transparency), assure identity (via trust authentication), enforce asset tracking (via auditing) and guarantee execution / delivery (via smart contracts), all powered by mutual mistrust. Therefore, any industry or institution that relies on trusted 3rd party mediation is open to disruption by solutions that remove the need to know or trust the other party in a transaction. The Blockchain’s distributed, decentralised ledger of immutable transaction blocks is the trust platform upon which such transactions can occur. The successes of Bitcoin, and other cybercurrencies, attest the fact that the Blockchain is indeed the protocol that drives the so called Internet of value. It truly brings to life Professor Niall Ferguson’s assertion that “Money is trust inscribed”, even in the digital realm.

 

So many examples abound of new and pre-existing use cases for cryptocurrencies, smart contracts and DAOs (aka Decentralised Autonomous Organisations). They encompass diverse areas and players too numerous to mention and a recent CBInsights Webinar presentationoutlines the use of Blockchain in the enterprise.

 

The rising star du jour is the use of ICOs (or Initial Coin Offerings) for fund raising, which enables teams to raise sometimes eye watering amounts of money over a short space of time in exchange for coins or utility tokens at the launch of their solution. One recent ICO raised $36 Million in 1 minute! In comparison, you can probably see why the dot com bubble could be considered a sedate walk in the park.

 

Another emerging trend are faster, more scaleable, and fee-less cryptocurrencies which can be used to facilitate the low value and high velocity / volume transactions needed for the Internet of Things (IoT). These are next generation networks designed to get even faster through-put as the size of the network increases – in true to life network effect. Key players include IOTA, RAIBlocks and the proprietary Hashgraph. However they are all very much bleeding edge propositions, with many questions as yet to be answered.

 

Several concerns or potential roadblocks exist on the runaway expansion of the Blockchain, such as:

 

  • Increased regulation – There’s a looming threat or promise of tighter intervention by regulatory bodies and governments, especially for ICOs due to their conceptual proximity to the highly regulated securities industry. Other drivers include: reducing tax evasion, fraud, money laundering, anti-terrorism, as well as impact on PII (Personally Identifiable Information) data vs. the right to be forgotten and GDPR.
  • Security – Also, many security concerns persist, particularly in light of regular headlines about hacking, outright theft and other malfeasance. Increased Cryptojacking, i.e. the practice of stealing other people’s device processing power to mine cryptocurrency, is also a concern.
  • Scalability and fragmentation – it takes significant computing effort to mine Bitcoins, or to verify transactions, which has long raised concerns over its long term performance and scalability. The resulting splits or ‘ forks’ in that cryptocurrency have provided a vast array of competing coins (e.g.: Bitcoin! / Bitcoin XT / Bitcoin Unlimited / Bitcoin Cash / Segwit / Bitcoin Gold). Furthermore, there are myriad cryptocurrency wallets and exchanges to chose from, which can be rather daunting. Also the aforementioned next generation networks which use: Directed Acyclic Graphs (DAG) / voting algorithms / gossip protocols to deliver more flexibility, scale and performance.
  • Energy Consumption – Furthermore, the high cost of energy required to mine proof-of-work cryptocurrencies is another growing area of concern as it contributes to the spectre of global warming.
  • Privacy – Finally, the early association of Bitcoin with illicit and subversive activities on darknet sites (such as the defunct Silk Road and Alphabay) hasn’t really gone away, especially with the rise of privacy focused cryptocurrencies such as: Monero, Dash, zCash, Verge and DeepOnion. Contrary to popular belief, Bitcoin itself does not guarantee privacy because transactions can be linked to individuals (albeit with some effort), and all Bitcoin transactions are recorded for posterity on a very public Blockchain.

 

In light of the above opportunities and challenges, it is plain to see that the Blockchain technology is just at the starting line on a lengthy course of disruption and upheavals as yet unimagined. However, in the third and final part of this blogpost series, we’ll take a look at key scenarios and likely outcomes and conclusions after the storm has passed and dust settled.

 

The World Beyond the Blockchain – Part 1/3: The Perfect Storm

January 28, 2018 1 comment
In 2016, when my last article about the Blockchain and Bitcoin was published, the cryptocurrency was valued at about $400, which at the time seemed the result of fever pitch speculation and media hype. Fast forward to December 2017 and the order of magnitude increase, with over 1300% ROI in 2017alone, appears decidedly hallucinatory, but even that is nothing compared to the estimated $200,000+ peak valuation predicted by the time the last of 21 million possible Bitcoin has been mined. According to the maths, even if you were to invest in Bitcoin at $10,000 or $20,000 you’ll still stand to make an order of magnitude return on your investment well before that last bitcoin is mined! Such irrational exuberance, fools gold and / or mega bubble surely challenges previous examples, (e.g.: the infamous Dutch tulips, South Sea bubble or dot com bubble), for supremacy in foolhardiness, or does it?

Anyway, instead of all that hand wringing speculation, this three part post (from a forthcoming article for ITNow magazine) will focus on the perfect storm that has brought things to this point (in Part 1); it will explore current and emerging trends (in Part 2), and discuss possible scenarios that will likely play out after the dust settles (in Part 3), before concluding with a few recommendations on the way forward to the world beyond the Blockchain.

The winds of change – key Ingredients for the perfect storm:
We can acknowledge that Bitcoin is the first and perhaps most disruptive application of the Blockchain, at least for now. The following factors have combined to drive its emergence as a jaw dropping speculative investment opportunity, and the underlying blockchain technology as a revolutionary engine for hyper-charged innovation:
1 – Technology drivers:
  • According to CBIsights Research, Bitcoin is the first decentralized, censor-proof, portable, secure, durable, and scarce digital asset.
  • The underlying Blockchain is built on a solid foundation of proven technologies including public key cryptography, hashing and TCP/IP (aka the Internet protocols).
  • The Blockchain is one of several disruptive technologies that will enable and drive the so-called fourth industrial revolution.
2 – Global socio-economic, political and demographic drivers
  • Following 2008’s financial meltdown, with subsequent financial reforms and various other aftershocks, many institutions, including banks and governments, are suffering a major ‘crises of legitimacy‘ which is eroding their traditional role as trusted middlemen for many transactions
  • Global unemployment, hunger, terrorism, wars, natural disasters and mass migration all highlight and exacerbate inequality, xenophobia, mistrust and dissatisfaction with the status quo.
3 – Geometric scale disruption
  • The speed and scale of disruption and adoption of Blockchain applications is phenomenal, and it challenges existing systems of production, managment and governance
These key ingredients combine and contribute to the current frenzied interest in cryptocurrencies as well as the development of new, disruptive applications, business models and emergent behaviours powered by the Blockchain. In the second part of this blogpost series, we’ll take a look at the emerging opportunities and challenges to be found in the eye of the storm.