If you think NFTs are awful, check out the art market.

The fervor around NFTs has subsided in recent months due to the crypto market crash and the media's short attention span. They were all anyone could talk about earlier this spring. Last semester, when passions were high and field luminaries were discussing "slurp juices," I asked my students and students from over 20 other universities what they thought of NFTs.

According to many, NFTs were either tasteless pyramid schemes or a new way for artists to make money. NFTs contributed to the climate crisis and harmed the environment, but so did air travel, fast fashion, and smartphones. Some students complained that NFTs were cheap, tasteless, algorithmically generated schlock, but others asked how this was different from other art.

I'm not sure what I expected, but the intensity of students' reactions surprised me. They had strong, emotional opinions about a technology I'd always considered administrative. NFTs address ownership and accounting, like most crypto/blockchain projects.

Art markets can be irrational, arbitrary, and subject to the same scams and schemes as any market. And maybe a few shenanigans that are unique to the art world.

The Fairness Question

Fairness, a deflating moral currency, was the general sentiment (the less of it in circulation, the more ardently we clamor for it.) These students, almost all of whom are artists, complained to the mismatch between the quality of the work in some notable NFT collections and the excessive amounts these items were fetching on the market. They can sketch a Bored Ape or Lazy Lion in their sleep. Why should they buy ramen with school loans while certain swindlers get rich?

I understand students. Art markets are unjust. They can be irrational, arbitrary, and governed by chance and circumstance, like any market. And art-world shenanigans.

Almost every mainstream critique leveled against NFTs applies just as easily to art markets

Over 50% of artworks in circulation are fake, say experts. Sincere art collectors and institutions are upset by the prevalence of fake goods on the market. Not everyone. Wealthy people and companies use art as investments. They can use cultural institutions like museums and galleries to increase the value of inherited art collections. People sometimes buy artworks and use family ties or connections to museums or other cultural taste-makers to hype the work in their collection, driving up the price and allowing them to sell for a profit. Money launderers can disguise capital flows by using market whims, hype, and fluctuating asset prices.

Almost every mainstream critique leveled against NFTs applies just as easily to art markets.

Art has always been this way. Edward Kienholz's 1989 print series satirized art markets. He stamped 395 identical pieces of paper from $1 to $395. Each piece was initially priced as indicated. Kienholz was joking about a strange feature of art markets: once the last print in a series sells for $395, all previous works are worth at least that much. The entire series is valued at its highest auction price. I don't know what a Kienholz print sells for today (inquire with the gallery), but it's more than $395.

I love Lee Lozano's 1969 "Real Money Piece." Lozano put cash in various denominations in a jar in her apartment and gave it to visitors. She wrote, "Offer guests coffee, diet pepsi, bourbon, half-and-half, ice water, grass, and money." "Offer real money as candy."

Lee Lozano kept track of who she gave money to, how much they took, if any, and how they reacted to the offer of free money without explanation. Diverse reactions. Some found it funny, others found it strange, and others didn't care. Lozano rarely says:

Apr 17 Keith Sonnier refused, later screws lid very tightly back on. Apr 27 Kaltenbach takes all the money out of the jar when I offer it, examines all the money & puts it all back in jar. Says he doesn’t need money now. Apr 28 David Parson refused, laughing. May 1 Warren C. Ingersoll refused. He got very upset about my “attitude towards money.” May 4 Keith Sonnier refused, but said he would take money if he needed it which he might in the near future. May 7 Dick Anderson barely glances at the money when I stick it under his nose and says “Oh no thanks, I intend to earn it on my own.” May 8 Billy Bryant Copley didn’t take any but then it was sort of spoiled because I had told him about this piece on the phone & he had time to think about it he said.

Smart Contracts (smart as in fair, not smart as in Blockchain)

Cornell University's Cheryl Finley has done a lot of research on secondary art markets. I first learned about her research when I met her at the University of Florida's Harn Museum, where she spoke about smart contracts (smart as in fair, not smart as in Blockchain) and new protocols that could help artists who are often left out of the economic benefits of their own work, including women and women of color.

Her talk included findings from her ArtNet op-ed with Lauren van Haaften-Schick, Christian Reeder, and Amy Whitaker.

NFTs allow us to think about and hack on formal contractual relationships outside a system of laws that is currently not set up to service our community.

The ArtNet article The Recent Sale of Amy Sherald's ‘Welfare Queen' Symbolizes the Urgent Need for Resale Royalties and Economic Equity for Artists discussed Sherald's 2012 portrait of a regal woman in a purple dress wearing a sparkling crown and elegant set of pearls against a vibrant red background.

Amy Sherald sold "Welfare Queen" to Princeton professor Imani Perry. Sherald agreed to a payment plan to accommodate Perry's budget.

Amy Sherald rose to fame for her 2016 portrait of Michelle Obama and her full-length portrait of Breonna Taylor, one of the most famous works of the past decade.

As is common, Sherald's rising star drove up the price of her earlier works. Perry's "Welfare Queen" sold for $3.9 million in 2021.

Imani Perry's early investment paid off big-time. Amy Sherald, whose work directly increased the painting's value and who was on an artist's shoestring budget when she agreed to sell "Welfare Queen" in 2012, did not see any of the 2021 auction money. Perry and the auction house got that money.

Sherald sold her Breonna Taylor portrait to the Smithsonian and Louisville's Speed Art Museum to fund a $1 million scholarship. This is a great example of what an artist can do for the community if they can amass wealth through their work.

NFTs haven't solved all of the art market's problems — fakes, money laundering, market manipulation — but they didn't create them. Blockchain and NFTs are credited with making these issues more transparent. More ideas emerge daily about what a smart contract should do for artists.

NFTs are a copyright solution. They allow us to hack formal contractual relationships outside a law system that doesn't serve our community.

Amy Sherald shows the good smart contracts can do (as in, well-considered, self-determined contracts, not necessarily blockchain contracts.) Giving back to our community, deciding where and how our work can be sold or displayed, and ensuring artists share in the equity of our work and the economy our labor creates.

10 biases in 10 visuals

Cognitive biases are crucial for UX research, design, and daily life. Our biases distort reality.

After learning about biases at my UX Research bootcamp, I studied Erika Hall's Just Enough Research and used the Nielsen Norman Group's wealth of information. 10 images show my findings.

1. Bias in sampling

Misselection of target population members causes sampling bias. For example, you are building an app to help people with food intolerances log their meals and are targeting adult males (years 20-30), adult females (ages 20-30), and teenage males and females (ages 15-19) with food intolerances. However, a sample of only adult males and teenage females is biased and unrepresentative.

2. Sponsor Disparity

Sponsor bias occurs when a study's findings favor an organization's goals. Beware if X organization promises to drive you to their HQ, compensate you for your time, provide food, beverages, discounts, and warmth. Participants may endeavor to be neutral, but incentives and prizes may bias their evaluations and responses in favor of X organization.

In Just Enough Research, Erika Hall suggests describing the company's aims without naming it.

Third, False-Consensus Bias

False-consensus bias is when a person thinks others think and act the same way. For instance, if a start-up designs an app without researching end users' needs, it could fail since end users may have different wants. https://www.nngroup.com/videos/false-consensus-effect/

Working directly with the end user and employing many research methodologies to improve validity helps lessen this prejudice. When analyzing data, triangulation can boost believability.

Bias of the interviewer

I struggled with this bias during my UX research bootcamp interviews. Interviewing neutrally takes practice and patience. Avoid leading questions that structure the story since the interviewee must interpret them. Nodding or smiling throughout the interview may subconsciously influence the interviewee's responses.

The Curse of Knowledge

The curse of knowledge occurs when someone expects others understand a subject as well as they do. UX research interviews and surveys should reduce this bias because technical language might confuse participants and harm the research. Interviewing participants as though you are new to the topic may help them expand on their replies without being influenced by the researcher's knowledge.

Confirmation Bias

Most prevalent bias. People highlight evidence that supports their ideas and ignore data that doesn't. The echo chamber of social media creates polarization by promoting similar perspectives.

A researcher with confirmation bias may dismiss data that contradicts their research goals. Thus, the research or product may not serve end users.

Design biases

UX Research design bias pertains to study construction and execution. Design bias occurs when data is excluded or magnified based on human aims, assumptions, and preferences.

The Hawthorne Impact

Remember when you behaved differently while the teacher wasn't looking? When you behaved differently without your parents watching? A UX research study's Hawthorne Effect occurs when people modify their behavior because you're watching. To escape judgment, participants may act and speak differently.

To avoid this, researchers should blend into the background and urge subjects to act alone.

The bias against social desire

People want to belong to escape rejection and hatred. Research interviewees may mislead or slant their answers to avoid embarrassment. Researchers should encourage honesty and confidentiality in studies to address this. Observational research may reduce bias better than interviews because participants behave more organically.

Relative Time Bias

Humans tend to appreciate recent experiences more. Consider school. Say you failed a recent exam but did well in the previous 7 exams. Instead, you may vividly recall the last terrible exam outcome.

If a UX researcher relies their conclusions on the most recent findings instead of all the data and results, recency bias might occur.

I hope you liked learning about UX design, research, and real-world biases.

Most don't understand the issue until it's too late.

My first startup was what entrepreneurs call the hardest. A two-sided marketplace.

Two-sided marketplaces are the hardest startups because founders must solve the chicken or the egg conundrum.

A two-sided marketplace needs suppliers and buyers. Without suppliers, buyers won't come. Without buyers, suppliers won't come. An empty marketplace and a founder striving to gain momentum result.

My first venture made me a struggling founder seeking to achieve traction for a two-sided marketplace. The company failed, and I vowed never to start another like it.

I didn’t. Unfortunately, my second venture was almost as hard. It failed like the second-hardest startup.

What kind of startup is the second-hardest?

The second-hardest startup, which is almost as hard to develop, is rarely discussed in the startup community. Because of this, I predict more founders fail each year trying to develop the second-toughest startup than the hardest.

Fairly, I have no proof. I see many startups, so I have enough of firsthand experience. From what I've seen, for every entrepreneur developing a two-sided marketplace, I'll meet at least 10 building this other challenging startup.

I'll describe a startup I just met with its two co-founders to explain the second hardest sort of startup and why it's so hard. They created a financial literacy software for parents of high schoolers.

The issue appears plausible. Children struggle with money. Parents must teach financial responsibility. Problems?

It's possible.

Buyers and users are different.

Buyer-user mismatch.

The financial literacy app I described above targets parents. The parent doesn't utilize the app. Child is end-user. That may not seem like much, but it makes customer and user acquisition and onboarding difficult for founders.

The difficulty of a buyer-user imbalance

The company developing a product faces a substantial operational burden when the buyer and end customer are different. Consider classic firms where the buyer is the end user to appreciate that responsibility.

Entrepreneurs selling directly to end users must educate them about the product's benefits and use. Each demands a lot of time, effort, and resources.

Imagine selling a financial literacy app where the buyer and user are different. To make the first sale, the entrepreneur must establish all the items I mentioned above. After selling, the entrepreneur must supply a fresh set of resources to teach, educate, or train end-users.

Thus, a startup with a buyer-user mismatch must market, sell, and train two organizations at once, requiring twice the work with the same resources.

The second hardest startup is hard for reasons other than the chicken-or-the-egg conundrum. It takes a lot of creativity and luck to solve the chicken-or-egg conundrum.

The buyer-user mismatch problem cannot be overcome by innovation or luck. Buyer-user mismatches must be solved by force. Simply said, when a product buyer is different from an end-user, founders have a lot more work. If they can't work extra, their companies fail.

Many developers do it, but I don't approve.

Aren't many programmers part-time? Many work full-time but also freelance. If the job agreement allows it, I see no problem.

Tech businesses' policies vary. I have a friend in Google, Germany. According to his contract, he couldn't do an outside job. Google owns any code he writes while employed.

I was shocked. Later, I found that different Google regions have different policies.

A corporation can normally establish any agreement before hiring you. They're negotiable. When there's no agreement, state law may apply. In court, law isn't so simple.

I won't delve into legal details. Instead, let’s talk about the incident.

How he was discovered

In one month, he missed two deadlines. His boss was frustrated because the assignment wasn't difficult to miss twice. When a team can't finish work on time, they all earn bad grades.

He annoyed the whole team. One team member (anonymous) told the project manager he worked on side projects during office hours. He may have missed deadlines because of this.

The project manager was furious. He needed evidence. The manager caught him within a week. The manager told higher-ups immediately.

The company wanted to set an example

Management could terminate him and settle the problem. But the company wanted to set an example for those developers who breached the regulation.

Because dismissal isn't enough. Every organization invests heavily in developer hiring. If developers depart or are fired after a few months, the company suffers.

The developer spent 10 months there. The employer sacked him and demanded ten months' pay. Or they'd sue him.

It was illegal and unethical. The youngster paid the fine and left the company quietly to protect his career.

Right or wrong?

Is the developer's behavior acceptable? Let's discuss developer malpractice.

During office hours, may developers work on other projects? If they're bored during office hours, they might not. Check the employment contract or state law.

If there's no employment clause, check country/state law. Because you can't justify breaking the law. Always. Most employers own their employees' work hours unless it's a contractual position.

If the company agrees, it's fine.

I also oppose companies that force developers to work overtime without pay.

Most states and countries have laws that help companies and workers. Law supports employers in this case. If any of the following are true, the company/employer owns the IP under California law.

• using the business's resources

• any equipment, including a laptop used for business.

• company's mobile device.

• offices of the company.

• business time as well. This is crucial. Because this occurred in the instance of my junior.

Company resources are dangerous. Because your company may own the product's IP.  If you have seen the TV show Silicon Valley, you have seen a similar situation there, right?

Conclusion

Simple rule. I avoid big side projects. I work on my laptop on weekends for side projects. I'm safe. But I also know that my company might not be happy with that.

As an employee, I suppose I can. I can make side money. I won't promote it, but I'll respect their time, resources, and task. I also sometimes work extra time to finish my company’s deadlines.