As I’ve covered in previous articles, there has been a growing trend within businesses to dig into a person’s Social Media based existence as part of the process in evaluating someone for employment. Two recent stories indicate that opinion may be coming down on the side of caution with companies shying away from this practice to avoid possible legal risks from potential fair labor violations.

In an editorial blog post from CIO Magazine website in March, Meridith Levinson sets the tone for this new thinking and notes that not only is this violation of a persons private space by a prospective employer possibly “off-putting”. She also goes on to say:

“By basing professional hiring decisions on candidates’ personal lives and beliefs, employers are effectively legislating people’s behavior. They’re subtly dictating what we can and can’t do, post or say on the Web. Consequently, they’re creating an environment online where people can’t express their true beliefs, state their unvarnished opinions, be themselves, and that runs contrary to the free, communal ethos of the Web. Employers need to stop judging candidates’ personal lives and beliefs and focus on professional criteria.“

In a more direct article. Law.com’s In-House Counsel publication ran article on April 13th this year about one bank’s thinking on using Social Network sites in their hiring practices and their legal reason for opting out of the activity.

Here is an excerpt from that article:

Could these seemingly harmless social networking Web sites create potential liability for a company in a hiring context? Solomon’s short answer: Yes.

The problem lies in the type of information posted there, Solomon explains. Certainly the sites can be a treasure trove of information, including things an employer might not be able to find out anywhere else that could influence the decision of whether to hire a job applicant, she says. For example, someone might use a Web site posting to brag about how he or she took a previous employer’s confidential client list and is now earning a million dollars, she explains, or an applicant might post sexually suggestive photos and comments on his or her site.

In both cases, Solomon says, an employer legally can use the information as the basis for a decision not to hire the applicant. “We live in an age where everyone wants information, and the employers really like it because they can get information that they wouldn’t think about asking in an interview or the candidate would lie about,” she says.

Unfortunately, it’s impossible to filter the type of information that’s visible on an individual’s social networking Web site, she says, which means employers can also get information from those Web sites that they’re not legally entitled to ask about or to know, “and you could be called to task to prove that you did not use the information in the hiring decision.”

Here’s how that can play out in real life, using a mock scenario suggested by Solomon: Jane applies for a teller position at a bank. A company representative punches Jane’s name into a popular social networking Web site and easily brings up her personal page, where Jane and her friends have posted a discussion about her upcoming baby shower. Based on this information, the representative makes the illegal decision not to hire Jane — illegal in that refusing to hire on the basis of pregnancy is prohibited by the Pregnancy Discrimination Act, which is part of Title VII of the Civil Rights Act of 1964.

It is certainly a good topic for discussion. Although, in the long run it’s still really hard to say how this may resolve itself in common business practice.

All in all though I still think the rule applies. Mind your manors when you’re in public and remember that the Internet is public.

I haven’t been able to quite put my finger on it yet. Part of me suspects this might be them finally realining the company to move towards the Software as a Service they have been building for several years. Internet infrastructure is about there and customer acceptance is nearly there as well. Not sure if it will make it to Windows 7 though… but I do suspect whatever is going on will be across all product lines.

So… some of what I’ve been noticing.

Microsoft shutdown and laid off the entire staff of the ESP platform group. This was the team developing the new architecture for the Flight Sim engine as well as building a next gen Simulator environment. A number of companies building virtual world and other commercial simulator projects were just hung out to dry and there is no indication that there will be any on going support. This caught people off guard because it looked like a very promising technology direction for Microsoft to be going.

Related to that mother of all Microsoft games, Flight Sim is being shut down as well. While this news came as a shock to alot of people, given that ESP was killed it probably isn’t as big of a surprise. Apparently Microsoft has decided that this whole segment is worthless as they didn’t just simply cancel a release. They have terminated the product line all of the staff and really any way for them to be able to support the product and there are no signs that it is being spun off either.

They cut loose David Edery who appeared to be doing an excellent job of running Xbox Live Arcade… although it may be related to the next item…

Reconfigured Xbox Live Arcade so anyone and their uncle can shovleware crap into the service through the Community Games area. Unfortunately this could mean that real underdog 3rd party publishers may end up getting delegated over to the Community Games instead. I’m guessing this since I believe David was involved in screening these kinds of titles for higher-profile full Arcade release and with him gone with no replacement… well….

News today is that they are closing down everything to do with Encarta. This isn’t really a surprise though, who the heck ever used it?

Exchange Server 2008 apparently ships with four default web themes. One of them is Xbox 360.

Microsoft has streamlined their Data Center in a shipping container stacked in the middle of a field with dozens of other shipping containers now to a point of reasonable efficiency from what I’ve heard.

The roll-out of the new NXE interface for the Xbox 360.

Better support for Xbox Live Silver level membership (Free) across Xbox live so that you’re encouraged to put your profile on Live rather than just keep it local, even if you’re not buying anything, or allowing some purchases without having to have a subscription. (This is the kind of stuff that equates to software as a service).

Anyways… I’m just prattling…

Cheers!

I have a rather extensive music collection that I’ve built up over the years. In the 80’s I was one of those guys out scouring the stores looking for obscure 12″ remix’s from the Art of Noise or buying German imports of Tangerine Dream on CDs since they hadn’t been released in the U.S. yet. I was always willing to buy new music sight unseen based anything from trivial things like album cover art to information on who contributed to the release (I checked out a number of albums solely because Jeff Lynn or Trevor Horn produced them) or even the consistancy/quality of other releases distributed by the label (ZTT, Mute, etc…)

In short, I’m a fan of just about every kind of music except most Pop-Country (singing about the dead dog, cheating wife, broken pick-up truck, ugh!) and some elements of Jazz Fusion (songs that make me tense?!? That’s a whole article in and of itself).

So anyways, every decade or so it seems various forms of music bubble up into the mainstream consciousness. In the 60’s you had lounge acts and what we now consider classic rock bands, 70’s folk music disco and punk, 80’s metal and dance, 90’s techno, grunge and rap… and all through this good old rock and roll and R&B. I’m not saying these various styles started in the decades listed above, but they clearly had popularity peaks and visible evolutions of their forms during their peaks. This is from a U.S. perspective of course.

One of the things that added to the mix in my opinion was commercial marketing and limitations on exposure due to the cost barrier to both consume and create in the medium. Let me explain. Up until the late 80’s only place you could hear new music was through the local radio station. This limited you’re exposure to diverse music forms (both old and new) to pretty much what the local radio station was promoting or had a preference to play (the station format). In fact, even up through the 80’s your best bet to hear something new and innovative was to hunt down a college radio station where DJs were mingling the music from their hometowns and had rare restrictions on experimenting (short of not violating local obscenity laws… and even then…). This dynamic also caused these stations to get lots of music submissions from artists trying to break into the industry since there was a greater chance of airplay there.

The first big hit to this dynamic came through cable television and ultimately channels like MTV which suddenly allowed someone to hear music that they would have never heard outside the local college circuit. For instance in the early 80’s the USA network would run a show overnight called Night Flight that would feature music videos from bands like Cabaret Voltaire, Bauhaus, etc… In my opinion that this and other programming like it helped drive awareness of the early generations of electronic artists that, in part, helped seed the Techno/Industrial scene of the 90’s. In fact one of the most culturally significant bands for both Rap and Electronic forms music might have never been heard if not for MTV. That would be The Art of Noise.

The next big evolution came in the 90’s with new distribution methods. Instead of trading tapes, you used the Internet to trade. This not only changed the scale of things by giving the average user an easier way to share and consume but also eliminated the last big boundary of physical geography. One of the interesting things that was observed during the peak of Napster in the 90’s was that when people suddenly had the world of music to explore not only were sales increasing (contrary to the music execs yelling “fire”), but people were buying music outside of the typical genres they would normally have lived within because experimentation had no tangible cost aside from the time involved in downloading and listening to the song. Ease of use and no financial penalty encouraged experimentation.

Now, coming into the end of the first decade accessibility has now created a level space where any given listener can be exposed to any style or genre of music from any era. Games like Guitar Hero and Rock Band have introduced teenagers to both 30 year old dinosaur bands and underground fringe groups alike and it’s all new. In fact the only true new revolutionary sounds that I’ve been hearing have been out of the mashup communities who are re-purposing a century of music into a new art form. You can see examples of this from early pioneers of the style such as  the Evolution Control Committee, to the Bootie sessions or most recently the Kutiman’s ThruYOU mini video series that I mentioned in my last post. Granted these are natural extensions of the DJ remix scene from the last 20 years.

Of course you would have to say that the very dynamic nature of the mashup scene which relies on unlicensed music is a train wreck waiting to happen and I suppose my own gut feeling that a commercialized mashup scene would be the death of it only reinforces my notion that this may be the next evolution point of music. As with any music form that faces a potential break out there is always the concern that constraints introduced by the marketing side of the house will limit creativity, but the reality is that frequently, limitations are what drive true creativity (look at British censorship via the BBC in the 70’s).

This is all very cool, but is this the next big thing? If not what?

Anyways, it’s called ThruYOU Kutiman mixes YouTube and it’s a great example video mashups in action.

My favorite so far: http://www.youtube.com/watch?v=EsBfj6khrG4

…the project homepage is here.

http://thru-you.com

=D

I’ve been swamped with work. I’ve actually got about a half-dozen drafts in the works, so hopefully I’ll have one of them ready in the next week.