Paul Kedrosky has a great followup to my last piece where he poignantly observes:
The more people that figure out that it's not about proprietary
applications, but about proprietary data, then we merely move from one
walled garden to another. Because a walled garden of data, however
pretty, still has walls, just like old algorithmic garden of
shrink-wrapped software. All that we are doing by over-focusing on data
being the Intel inside is ensuring that data becomes the
Intel inside in every sense -- another proprietary layer for
litigation, instead of something that can be readily extracted and
combined to create better apps & services.
That's exactly it. Replacing the OS with the browser as the main site of interaction with one's data, merely moves the problem of lock-in up the stack. Rather than trying to figure out how to export your data from one desktop app to another, the problem has simply been transmuted to how do you move your data out of web site A over to B. In cases of lock-in in the latter case, not only can you not get your data in a format you want it, but you can't even get access to the binaries since they no longer live on your hard drive.
What I really wonder is of all the users currently being locked in to some service out there, how many users realize they are being locked in. I bet it is surprisingly few. Luckily, for some of the big apps where it's absolutely clear that it is your data, e.g. email, most people aren't locked in because if they were, there would be an outcry. But there are many services where it may be a little less unclear that the data you copied or manually entered into some site, for example, is yours and that you should be able to export it to say an xml or plain text file but you currently can't.
This raises a lot of interesting legal issues. For example, if I enter data into a site after accepting a license that requires handing ownership of the data over to the company, then legally it would seem I don't have any right to claim access to the raw data. But what about instances where the license says nothing about who owns the data placed on the site by the user? It's like I walk into a store and staple the only copy of a poem, that I happen to own and have all legal rights to, to the bulletin board and leave. Does the store now own the poem merely because I left it there regardless of what my intentions were? It would probably depend on whether I made an effort to reclaim it. Now imagine a situation where millions of people are posting millions, if not billions, of poems to the bulletin boards of stores all over the world. Most of these people don't try and reclaim the poems, although some of them do. But if you explained to these people that if they didn't try and reclaim what was originally theirs, they would lose ownership, and possibly all intellectual property rights if that was the only copy and no evidence had been recorded to the contrary, it is likely most people would try and reclaim them and might regret they had put it there in the first place. Similarly, if you explained to them that that there was a really small sign on the wall saying anything left in the store is no longer theirs, it is likely, in many instances, they would stop leaving their poems there. The example of poem as data, of course, is meant to be illustrative chosen in part to reflect on the owners since most poets aren't known to be particularly savvy when it comes to real-world legal issues.
So this is the problem that I see we're currently facing. There's a huge lack of awareness on the part of the users about the legal implications of putting their data on someone else's servers. Companies don't mind that there's this huge lack of awareness because it works to their benefit. Most people aren't demanding that the company allow them to export to their data out should and when they decide to stop using the company's services. And so many companies, perhaps without realizing it at the outset, are reaping huge additional benefits, which is fine, except for the fact that it disempowers the user, stifles innovation by preventing the user from leveraging the data in other ways, and makes it harder for the companies that didn't get a head start on this data monopolization strategy to compete.
What I would love to see happen is for companies to be clearer about their data ownership policies. For example, a sentence in large, bold font reading "By placing data on our site, you are (or are not) legally giving up your rights of ownership to this data" would be helpful. In cases where data is owned by the user, companies should allow them to freely export the data to a standard format, either in xml or plain text. More awareness on the part of the users would go a long way to forcing companies to be clearer about their policies. The solution I proposed in my previous post was meant to help address this problem.