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GraceChanFirstPaper 9 - 28 Mar 2010 - Main.EbenMoglen
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META TOPICPARENT | name="FirstPaper" |
| | -- GraceChan - 26 March 2010 | |
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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" on the next line:
# * Set ALLOWTOPICVIEW = TWikiAdminGroup, GraceChan
Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list | > > | Everyone involved,
including Lexis and Westlaw, understands that they are inevitably
going to be affected by Internet-caused disintermediation. They are
classic information intermediaries, and their businesses are not only
vulnerable, they are doomed. The question is how long it takes, and
how much money they can extract from everyone in the meantime.
Your analysis is
accurate, but accuracy does not necessarily produce insight.
Inequality of access is a shrinking problem, in the first place,
though a problem, precisely because the complementary access
mechanisms are reducing the exclusivity enjoyed by the duopoly for
most of the last twenty years. Non-profit pricing, while hardly
generous, does shift the access curve, as do the government
acquisitions agreements. Less well-heeled private parties may now be
the primary losers, and I'm not sure that's precisely a tragic
outcome most of the time.
What will change, and
that should have immediately attracted your attention, is the
approach at the upper-levels of the profession. Once the biggest
enterprises' legal services are transacted for at fixed prices (the
transformation now going on that wipes out the jobs for first-year
large-firm associates) the desire inside those practices to reduce
research overhead becomes serious. Information cost was always next
to labor cost for firms—when they ran big libraries and
publishing operations, requiring all the costs of library management,
immense printing and copying expenses, they put what they could on
the disbursements account, and charged off the rest as overhead in
the hours billed. What the research services did was to consolidate
increasing proportions of those research costs in their bill: West
used to get paid for many reporter subscriptions in the paper
library, but it didn't capture the rent or the salaries, or all the
other books and services, etc. Big practices reduced cost even when
they paid the services plenty, by getting out of more inefficient
information management operations. Which made the duopoly immense
money.
Now the two companies
will face off against one another to hold those dollars, as their
biggest customers bargain for reduced prices that they can no longer
pass along fully to their clients, as they also try wildly to
deleverage their immensely-expensive workforce that is inefficient
for fixed-price production. At the same time, existing complementary
services that don't charge, along with the coming
government-information revolution, ensure that the disintermediation
meltdown will begin soon. It's not springtime for these little
you-know-whats, I promise you.
In that environment, the
best play the services have to increase their longevity is to hook
more young people. The law schools can't start officially teaching
you to do without them, or they'll have to go cold turkey from an
addiction on which their library budgets also now depend. And the
services keep handing out free heroin to students so that you never
learn about the non-addictive substitutes, or contribute to them,
which would be their immediate death.
What you see, you saw
correctly. But what you missed is where the story
is. |
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