It's Like This...Or Maybe Like That... (Part 1.1) - Port 25: The Open Source Community at Microsoft
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It's Like This...Or Maybe Like That... (Part 1.1) by MichaelF on September 28, 2006 06:31PM

In my last blog I started talking about the power of analogy and metaphor, and dove into a discussion of the first analogy of my collection, asking what if the practice of law, rather than being like a domain suffering the consequences of a “failure of openness,”  was more like an example of a domain with a great deal of openness.  I promised to offer some ideas for analogies that helped make sense of the situation in my next blog.

I was subsequently intrigued by where some of the comments to the post (unexpectedly) led me; thus, I postpone those (original) ideas in order to share some of where those comments led me on the path toward new ones.  In this post, I will address the first of two substantive issues: the analogy made by CDarklock between the legal profession and  open source software development (--in his view, to the disadvantage of OSSD).

Comparing “do-it-yourself lawyering” with “do-it-yourself usability,”  he  implies a lack of sensitivity among developers to the risks of the latter relative to the legal profession’s  diligence with respect to the former.   

Surely enough, when pointed to Groklaw by stats for all, front and center is a warning of the risks of the former:

IANAL. I am a journalist with a paralegal background, so if you have a legal problem and want advice, please hire an attorney.

This prompted me to think about some quick phenomenological test to determine if  similar evidence for this type of  distinction made by journalists commenting on law (Groklaw) might in fact be recognized with equal alacrity by open source developers commenting on usability: in fact, in defense of OSS developers, there are indeed cases of IANAUE (“I Am Not A Usability Engineer”)—although AFAIK it has not made Wikipedia yet, in contrast to variants of the apparently fecund IANAL which has spawned  IANYL, TINLA, and IAAL. (WTF?)

At this point you’re probably wondering why I was so engaged on this topic—the first reason is that, IMHO, challenges with consistent and effective usability practices are endemic and impactful. (I will never forget my introduction to the usability disipline: I was helping usability engineers build a stochastic model on top of their user observational testing of  a web experience which (thankfully) has since been improved.  The model was pretty cool as a quantification of how much customer time and effort things like ambiguous terms and redundant links actually wasted—but nothing seared the importance of usability into my brain like watching a test subject (a middle-aged, tech-savvy woman with, as I recall, a PhD—kind of hard to blame the user) actually start to cry in frustration as she tried to complete a task.)

The second reason is that  I had never considered the possibility of an analogy between “ legal self-representation” and  “developer self-usability” as conceptually similar problems to be solved. This analogy offers a different (and interesting) way to think about why it occurs and what to do about it in OSSD, in contrast to traditional corporate development where the origins of usability challenges nor their resolution seem to me to be fairly straightforward: does a company (or development group) recognize the value of good practices, resource for it, make it a priority, test against user interaction metrics etc.

In fact that there is a paper (Nichols & Twidale, online at First Monday) which provides a comprehensive assessment of usability in OSSD, with suggestions for remediation that come awfully close to echoing ideas for what folks in the legal profession would call increasing access to justice (--like academic volunteerism and corporate involvement).

It’s an interesting line of thinking both because it is just in time for CSCW  2006 (Computer Supported Cooperative Work—anybody going?) and because folks in the OSS community (just like in the legal community) are doing some “out of the box thinking.”  I’ve been trading mails with a PhD candidate at Penn State who has outlined a very thoughtful research agenda on OSS and Usability—I’m pleased to say we’ll be bringing her to Port25 for an interview near the end of October.

With that said, the next point release on our path to part 2 will address an issue raised by ssjdrn who surfaces (in my words) a tension between two principles  I have always taken for granted: efficient signaling and disciplinary control through normalization that is keeping me up at night (literally—when Spence and Foucault, respectively, aren’t jibing for  me, I can’t sleep.  You can ask my wife.)

And yes, it all does come back to an even richer –than-anticipated analogy between law and  open around making successful software.

Comments RSS
  1. CDarklock said:

    One minor point I want to raise:

    I'm not speaking exclusively about usability. There is an equivocation in the open source community which introduces a major usability/adoption issue, specifically the idea that because you enjoy the *right* to provide your own technical support, you must also accept a *responsibility* to provide your own technical support - even to the point of editing and recompiling your software.

    In the legal realm, this would be like entering a lawyer's office for a consultation, only to be ridiculed for not identifying the exact statute in question and constructing a potentially valid defense scenario before arriving. After all, how can you expect someone to help you if they don't know what the problem is and what you want them to do about it?

    This doesn't happen with lawyers because the legal profession *understands* that their clients are not lawyers, do not want to be lawyers, and generally view the practice of law as a variety of black magic. But when you examine the open source community, they seem honestly mystified at the idea that a user might not want to be a developer himself. They actually appear to view it as a variety of madness.

    posted at 08:17PM 09/28/2006
  2. The first step in "usability" is the ability to write a coherent sentence.  I requote below your quasi-sentence below. This is a stylistic disaster. I will not embarass you further, but you may want to review simple English usage.

    Please do not confuse the use of terms like "phenomenological" and airy references to Foucault with concrete thought.  Usability derives from clarity, strive for clarity and usability will follow.

    "With that said, the next point release on our path to part 2 will address an issue raised by ssjdrn who surfaces (in my words) a tension between two principles  I have always taken for granted: efficient signaling and disciplinary control through normalization that is keeping me up at night (literally—when Spence and Foucault, respectively, aren’t jibing for  me, I can’t sleep.  You can ask my wife.)"

    posted at 10:50AM 09/29/2006
  3. ssjdrn said:

    To CDarklock: The difference is, the user is not paying that open source developer upwards of $200 an hour for his time and effort.

    posted at 07:55PM 09/29/2006
  4. CDarklock said:

    However, the user *is* paying the open source developer what that developer has asked to be paid - exactly as he has done with the lawyer. The lawyer has simply asked to be paid more, because he accepts a responsibility to the client.

    In both cases, I would argue, the user has been presented with a fee that matches the value received. The developer's generosity in providing and supporting the software extends exactly as far as he wants it to extend, and no farther. Since he does not provide anything he does not want to provide, he is NOT in fact rendering a service to the user: he renders service only to himself, and the user only realises a benefit as an accidental side effect.

    Because the developer does not have, and the user cannot enforce, any responsibility... there is really no commitment here, and payment is simply not warranted. The open source system only really works with a foundation of trust, which we had in spades during the heyday of NSFNET and the AUP, but which has been demolished by the "anyone and everyone" internet of today. It now functions excellently within a few small subcommunities, but hideously in the general population.

    posted at 11:05PM 10/18/2006
  5. Port 25 said:

    Bryan has previously blogged about the project partnership between the Penn State University (PSU) College of Information Sciences and Technology (IST) and the Open Source Software Lab (OSSL). I am at the OSSL here at Microsoft this summer and next as

    posted at 12:39PM 06/13/2007
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