Just another sweltering Saturday morning in August. Not much to do but think about how to get under some cool water somewhere.
Unless, that is, you happened to glance at the front page of the
New York Times and noticed two articles about seemingly different realms of human endeavor, but placed curiously close to each other below the fold.
One of them reported that the judge in the case charging that Silicon Valley firms had conspired not to poach one another's engineers, in effect depressing their compensation potential, had rejected a proposed settlement as inadequate given the evidence - and the financial damage to the employees. The other article reported that judges had similarly rejected National Collegiate Athletic Association (NCAA) claims that amateur student athletes had no right to compensation for the use of their images, names and likenesses.
What the two have in common is a growing consensus - now effectively codified (despite whatever appeals may be filed) that the era of free information is over. Gone. Dead. History.
The Big Data era is predicated on the assumption that there is a substantial return available on all that personal information just waiting to be analyzed interpreted and deployed to reduce uncertainty and increase the likelihood that whoever it targets will pony up for whatever's being sold. The size of that return, however, fluctuates with the cost of the underlying data being acquired. And the reality is that, by and large, the return is so large because for much of that info,
there is virtually no cost.
The cost is minimized because its sourcing is based on the assumption that consumers will often provide useful information without demanding compensation. They behave this way because they believe they are obligated to do so or because they perceive some advantage in providing, however imprecise the terms of the exchange. By extension, the enterprises interested in using this data have operated on a model that suggests - or has suggested until now - that their rights supersede those of their customers, employees and suppliers.
What the rulings described in the articles below infer is that that model may no longer be valid or, at the very least, no longer as profitable. Because the notion of ownership and the rights that accrue to such ownership are catching up with the economic value inherent in the uses of that data. So, however seemingly subordinate a person's power may be in relation to the forces guiding his or her life, the right to basic protections governing compensation for activities, freedom of movement and ownership of ideas, likenesses, names and images - assets once considered so 'intangible' as to be incapable, even unworthy, of any accounting treatment - now have value that can be defined, analyzed, protected - and monetized. JL
David Streitfeld, Ben Straus and Marc Tracy report in two New York Times articles:
1)Silicon Valley was engaged in an "overarching conspiracy" against its own employees that accused leading tech companies of agreeing not to poach one another's engineers.
2)"the NCAA does not provide credible evidence that demand for the product would decrease if student-athletes were permitted to receive a share of the revenue
generated from the use of their own names, images, and likenesses,”