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Posts from 1 June 2008 - 7 June 2008

Saturday, 07 June 2008

"Facebook murder" story ridiculous

Today's front page of Brisbane's The Courier Mail screamed FACEBOOK MURDER.  This was the part of the story that made the rest of the front page:

WHAT started as a Facebook message from a former boyfriend has ended in the gruesome murder of Sarah Elston, a talented young Brisbane artist.

'West End artist Sarah, 22, was looking forward to catching up with her former flame who contacted her on the popular social networking website. But in a crime that shocked her family and friends the free-spirited artist was found dead in her unit on Tuesday night with multiple injuries.

Neighbours heard screams during the night but did not investigate because of frequent disturbances in the street.

Friends revealed how Sarah, 22, was "happy and excited" about seeing her former boyfriend again after he got in touch with her on the internet.

"She hadn't seen him in a long time but then he contacted her via Facebook," friend Danae Walker said.

Ms Walker, who last saw Sarah only hours before her death, described her as the sort of person who would always give someone a second chance. 

"She could always find something positive in everyone," she said.

You can read the rest of the report here.  What I find appalling about this headline - and to a lesser degree the article - is that it makes Facebook out to be in some culpable in Sarah Elston's death.  When in fact the former boyfriend could have contacted her in any number of ways.  If it was by phone, would the headline be "Telephone Murder"?  Or if it was by email, would it be "Email Murder"?  Fax, letter, postcard?  Well, you get my point.  It sends the wrong message about Facebook entirely as it demonises it as it suggests Facebook was somehow responsible for this tragedy.  The only thing this really says about Facebook is that it is a new way of communicating between friends.  That hardly makes Facebook a murderer.

Friday, 06 June 2008

Four videos

Seeing this has been a long, tiring week (well, for me at least), I thought rather than a series of tech or law posts this evening, I'd embed four videos that I find funny.  The first two come from one of my favourite blogs TVNewser and show that newsreaders and their stories can be funny.  The last two are promotions for upcoming movies.  If you have the time or inclination to watch one skip right to the end, as I saved the best for last.

First up is NBC newsreader Brian Williams telling a very strange story that will never be seen on the Nightly News:

Next is a Fox & Friends segment that resulted in a lawsuit.  Here is the background:

A judge ruled yesterday the slander lawsuit brought by Lewiston Middle School superintendent Leon Levesque against Fox News will not go to trial.

The full story goes back to April 2007, when Lewiston Middle School made news because of students leaving a ham sandwich on the table of Somali students to insult their religion. Then, a fake news story came out about the incident, with fake quotes from Levesque, and Fox & Friends picked up on it as if it were real. Brother blog FishbowlNY detailed the whole incident last year.

"So many people are typing in saying, 'you're making this story up,'" said co-anchor Steve Doocy. "No we're not making this up."

Co-anchor Brian Kilmeade responded: "You know I hope we're not being duped."

They were. But as the judge ruled, failure to fully investigate the story, "even when a reasonably prudent person would have done so, is not sufficient to establish reckless disregard."

And here is the clip:

Now here a clip promoting the movie Heckler, featuring comedians recounting experiences with heckler:

And finally here is Ben Stiller directing Robert Downey, Jr. to torture Jack Black for the sake of promoting their upcoming film, Tropic Thunder:

 

Thursday, 05 June 2008

What is popular to pirates?

TorrentFreak looks at the ten most popular pirated TV shows:

Nearly 50% of all the people who use BitTorrent at any given point in time do so to download a TV show, with popular series such as “Lost” getting close to 10 million downloads per episode. These figures are getting awfully close to the viewer count on TV as reported by Nielsen, and they are still rising.

People are getting used to on-demand content. They simply want to watch their favorite shows whenever they want, wherever they want. To give some more insight into this growing phenomenon, and because Nielsen is not counting BitTorrent downloads, we decided to start a weekly report of the most downloaded TV shows on BitTorrent.

The data is collected by TorrentFreak from a representative sample of BitTorrent sites. The timing is a bit unfortunate, since popular shows like Desperate Housewives, House and Greys Anatomy just had their season finale last week, but we are aiming to publish an updated list every week from now on.

Top Downloads May 25 - June 01


Ranking TV-show
1 (1) Lost
2 (5) Battlestar Galactica
3 (new) The Daily Show
4 (new) The Colbert Report
5 (new) So You Think You Can Dance
6 (new) Top Chef
7 (new) The Tudors
8 (new) Men in Trees
9 (new) The Ultimate Fighter
10 (new) Greek

To give an impression of how many downloads these shows can get, here is the list of the most downloaded TV episodes in 2007. The number of downloads reported here is for Mininova only, so these could easily quadruple if all large BitTorrent sites were taken into account.

Top Downloads 2007

Ranking TV-Shows (downloads most popular episode)
1 Heroes (2.439.154)
2 Top Gear (1.217.923)
3 Battlestar Galactica (706.209)
4 Lost (705.724)
5 Prison Break (608.487)
6 Desperate Housewives (457.805)
7 24 (524.303)
8 Family Guy (522.839)
9 Dexter (435.670)
10 Scrubs (427.420)

The increasing popularity of these series on BitTorrent and other filesharing networks is a signal that customers want something that they can’t get somewhere else. It is all about availability. This is not a threat to TV studios, but rather an opportunity.

Read more here.

Some upcoming events (in Brisbane for a change)

There are two upcoming events arranged by the ARC Centre of Excellence for Creative Industries and Innovation (CCI) that would be of interest to anyone who reads this blog:

There is also a speech by Mark Pesce being held at QUT next Thursday that should be outstanding.

Information Cocoons

At Bloggingheads.tv there is an interesting discussion between Cass Sunstein and Eugene Volokh on a range of topics:

Or view the whole thing here:

Wednesday, 04 June 2008

The future of social media

ReadWriteWeb has a good piece on the future of social media:

Social networking is at a major fork in the road. Down one road is adding more features to a walled garden and opening up just enough, so that users seldom need to leave. Most sites are going down this yellow brick road and the prize is clearly a big one. But they may end up back in Kansas. Down the other road, lies a future of being the primary repository for your connections (aka the social graph), but with this data available via open APIs to anybody who needs it. That is a utility type model, and as with any utility, it can be hugely valuable at scale.

Deciding which path to take is a real decision. A botched choice will likely end in failure, albeit via a long, slow decline.

The problem with the first road is that it relies upon a revenue model that is native to social media. What revenue model works for social media? The assumption is advertising, but CPM comes from traditional mass media and CPC is ideally suited to search. Where is the ad model that is native to social media? At the moment we are force-fitting CPM and CPC into social media for want of anything better.

Some might argue that there is no ad model for social media. We don't have an ad model for telephones, afterall, and that's a two-way communication medium like social media. Ominously, we didn't have an effective ad model for email, which is the earliest form of social media, until Google treated email as just more search fodder for CPC.

If social media is not funded by advertising, it must be funded by subscriptions or transactions. Neither is easy.

Read more here.  Against this backdrop there have been a couple of developments in the social media world over the past few days.  First, the Google-Facebook arrangement has collapsed:

Google Inc.'s announcement of a service to "make the Web more social" was decidedly casual, or staged to seem that way.

Standing beside a campfire, the company's engineering director, David Glazer, explained how, through an agreement with Facebook and similar sites, the effort would serve a primal human need.

"We all like huddling around fires, and huddling around food and talking to each other -- people are social," Glazer, dressed in a red-checked shirt and sneakers, told about 100 people gathered outside the company's headquarters in Mountain View, Calif., last month. "With Friend Connect we are trying to make that happen everywhere on the Web."

Within three days of the campfire, a dispute erupted between Google and Facebook, its largest partner in the new service, that reflected the fact that for Web companies there is nothing casual about the business of Internet socializing.

There's too much money, maybe billions, at stake.

Facebook, the burgeoning social network, abruptly withdrew its support for Google's Friend Connect, meaning that none of Facebook's tens of millions of members could sign on to websites using Google's new service.

Coming so soon after the highly publicized launch, it was an embarrassing rift.

Read more here (from the Los Angeles Times).  Second, a report suggests that the web will be dominated by two players - Google and Amazon:

An Internet analyst for a major Wall Street firm argues in a new report that Google Inc and Amazon.com Inc will be long-term winners, while Yahoo and IAC InterActiveCorp fall by the wayside and eBay Inc becomes a merger target.    

Sanford C. Bernstein analyst Jeffrey Lindsay argues in a 310-page report entitled "U.S. Internet: The End of the Beginning" to be published on Tuesday that Google and Amazon are best placed to withstand the current economic downturn.

"We expect two players to continue to perform strongly, Google and Amazon," Lindsay writes. "Both Google and Amazon.com are still racking up annual growth rates in the 30-40 percent range, with only a relatively modest slowdown in sight."

Lindsay reiterates his previous positions that Yahoo eventually will be sold to Microsoft Corp and that Barry Diller's IAC e-commerce conglomerate will go ahead in August with its five-way split-up, as planned.

"Arguably the weakest players have strayed furthest from their original competences and have been operating largely as conglomerates," the Bernstein analyst says of Yahoo and IAC.

Read more here (from Reuters).  And finally Microsoft is wanting the a piece of the web action:

Lloyd Braun–the former Hollywood super-programmer turned Yahoo entertainment czar turned Hollywood and online programmer–has signed a multimillion-dollar deal to make an original destination site for Microsoft’s MSN portal, aimed at aggregating celebrity, entertainment and pop culture news, according to several sources.

With the still-unnamed site, MSN plants its own Paris Hilton flag in a very crowded field, which has numerous competitors such as People.com, PerezHilton.com, AOL’s TMZ.com, PopSugar.com and Yahoo’s OMG.

It is also interesting that Microsoft (MSFT), which has focused its efforts of late on its technology, especially related to online advertising and search, is making another foray into the content arena via MSN, where it has had mixed results in the past.

Read more here (from All Things Digital).  But returning to ReadWriteWeb, Bernard Lunn offers a way for the future:

Here is my take on which road the big social networking sites could take:

  1. MySpace could potentially get away with the walled garden approach for a pretty large mainstream market, using music as the fundamental draw and later leading into other arts and entertainment. This makes MySpace less age-dependent than Facebook. Everybody loves music, art and entertainment, from pre-schoolers on up to grandparents. News Corp. is a media company through and through, so this route is in their DNA.
  2. Facebook will have to become a utility for the world or a niche walled garden for college kids. Their DNA is too young to predict which way they will go. Both are viable, but neither will justify a $15 billion valuation, so they won't make this decision until new management steps in following a crisis. They cannot become a walled garden for the world, because their core community - college kids - will move into the world of work where they have to communicate in the wider world of the Internet. Once they have left college, their only connection to each other is as alumni and that ends up being a relatively weak connection as we grow older (despite what every generation believes when they are at college).
  3. LinkedIn has a shot at becoming a mainstream, but work-centric, walled garden since the working world is constrained enough and follows well-defined conventions. LinkedIn is the network I use regularly and I have written about it before many times. They have now reached the stage where if they offered webmail that was as good as Gmail (and obviously as open as any standard webmail), it could become the default hangout for biz types. "Suits" could gradually stop talking about "living in Outlook" and talk about "living in LinkedIn." Add in some simple RSS-based startpage-like functionality and LinkedIn would be the place to start and end the workday. Biz people will pay a reasonable subscription fee - say less than $100 a year - for a package like that without any advertising. That is a bit of a stretch from where LinkedIn is today, but fundamentally viable in my opinion.

Clearly, any venture that succeeds in building a mainstream walled garden will become hugely valuable. They will effectively become the Internet for millions, which might even justify a $15 billion type valuation. The problem is that it is a very, very hard road to navigate successfully.

The mass-market utility model could also be hugely valuable at scale. My simplest description of this would be "social graph + communication tools." The communication tools could be email, SMS, VOIP, poking, walls, vampires, whatever turns people on. The social graph is the spam controller and way to make connections. The obvious players here are the vendors with big email networks - Google, Yahoo!, and Microsoft (GYM). This is the background story to all the M&A "sturm und drang."

The one company that most needs to make this strategic decision - Facebook - is the one that is most constrained by that paper valuation of $15 billion. Neither route - niche walled garden for college kids or mass-market utility going up against GYM - will justify $15 billion. So they have to pretend that mass-market walled garden is viable, even though nobody believes that anymore. That is one nasty dilemma. Do you think Microsoft knew that they were giving Facebook that nasty dilemma when they agreed to a $15 billion valuation? Gates and Ballmer are smart enough, in my humble opinion.

The mass-market utility model will win out in the end for 3 reasons:

  1. The social graph is so closely linked to communications, which has always been a utility model.
  2. The ownership issues around the social graph are murky. A utility skates past that problem, saying "you own, we manage." AT&T does not own your Rolodex, or insert ads when you are calling Mom because they own your connection to Mom.
  3. The social graph has to be monetized in creative ways and the best way to make that happen is make it available to all the entrepreneurs and established businesses, on clear and simple terms.

The mass-market utility model will work through an API. That sounds similar to what is already out there, but with one big difference. The current APIs are all about getting your apps INTO a walled garden, or two or three walled gardens. The utility API will be about accessing the social graph, getting the social graph OUT of the utility and into your application, for some pre-defined cost. What you do after that is entirely up to you.

Read more here.

Granada Tavern v Smith

Check out the amusing catchwords from the Federal Court of Australia decision in Granada Tavern v Smith, especially the catchwords under Evidence:

INDUSTRIAL LAW – appeal from Federal Magistrates Court – whether error in finding employer applied duress to employee in connection with an Australian Workplace Agreement

EVIDENCE – proper application of Briginshaw principle – isn’t there something in the Evidence Act about this?

PRACTICE AND PROCEDURE – adequate reasons for judgment

(Hat tip: Kate.)

But That's Not My Point...

The Daily Tube highlighted this very funny video by written, directed and starring Auggie Smith and Patrick Sauer:

Prince really covets his privacy

From What Would Tyler Durden Do:

I’ve been trying for like 20 hours to find a decent copy of Prince at Coachella doing a cover of "Creep" by Radiohead, but it's impossible because Prince is a temperamental fairy and he told his record label to remove every copy they find, even though he didn’t shoot the video and he very obviously doesn’t own the song. The Huff Post says… 

After word spread that Prince covered Radiohead's "Creep" at Coachella, the tens of thousands who couldn't be there ran to YouTube for a peek. Everyone was quickly denied - even Radiohead. In a recent interview, Thom Yorke said he heard about Prince's performance from a text message and thought it was "hilarious." Yorke laughed when his bandmate, guitarist Ed O'Brien, said the blocking had prevented him from seeing Prince's version of their song. "Really? He's blocked it?" asked Yorke, who figured it was their song to block or not. "Surely we should block it. Hang on a moment." Yorke added: "Well, tell him to unblock it. It's our song."

This whole thing does bring up some interesting questions about copyright and digital ownership. The other day a reporter asked me what I thought about new media and whether old copyright laws can still apply. So I asked him about new media and whether old copyright laws can still apply. Two can play this little game.

Read it here.

Breakfast Media Wrap

Crikey's Richard Farmer has started posting a daily wrap of what the national and regional Australian newspaper.  It offers an excellent wrap of the days news stories.  Check it out here.

Vin Cerf on leveraging social media

Vin Cerf discussed how brands can leverage social media:

(Hat tip: Trevor Cook's Corporate Engagement.)

Section 230 immunity and the Roommates.com case

Larry Downes looks at the section 230 immunity and the Roommates.com case:

I write in this month’s CIO Insight about the 9th Circuit’s en banc decision in the Roommates.com case. This important decision tested the limits of immunity for information service providers (in this case, the operator of a website that allows users to post roommate-matching ads) under Section 230 of the 1996 Communications Act. At issue was whether Roommates.com could be sued under fair housing laws for asking users about their age, sex, sexual orientation, whether they have children and their preferences for these characteristics in a roommate. Eric Goldman has an excellent post on the case at his website: http://blog.ericgoldman.org/archives/2008/04/roommatescom_de_1.htm

Writing for the majority, Chief Judge Kozinski held that the service was not entitled to immunity (the merits are yet to be decided) because the site was a “developer” of the potentially-illegal content. In short, Kozinski distinguished free-form text boxes (immunity intact) from drop down menus that offered only limited choices. The drop down menus, the court held, are not immune, because they cross the line between hosting and assisting in the development of the content, and Section 230 applies only to the former.

I’m troubled, as many people are, by the decision and some of its dicta. In particular, Footnote 15 signals increasing judicial resistance to the Section 230 safe harbor. It also falls into the trap of judges assuming they know more about the information economy than they do:

“The dissent stresses the importance of the Internet to modern life and commerce, Dissent at 3476, and we, of course, agree: The Internet is no longer a fragile new means of communication that could easily be smothered in the cradle by overzealous enforcement of laws and regulations applicable to brick-and-mortar businesses. Rather, it has become a dominant—perhaps the preeminent—means through which commerce is conducted. And its vast reach into the lives of millions is exactly why we must be careful not to exceed the scope of the immunity provided by Congres and thus give online businesses an unfair advantage over their realworld counterparts, which must comply with laws of general applicability.”

Kozinski cites nothing to support these comments. But what does it even mean to say that the Internet has become “a dominant…means [can there be more than one dominant mean?] through which commerce is conducted”? Despite double-digit growth for over ten years, e-commerce still only accounts for well under 10% of retail activity. And I can’t even find a measurement for services revenue, which Roommates.com represents. Which is to say, as far as I can determine, “the Internet” is still a fragile new means of communication.

Read more here.

Search 4.0

The Future of Search blog writes about wanting to put humans back in search:

Previously I’ve covered what I dubbed Search 3.0, how search engines have evolved toward blending vertical or specialized results into “regular” web listings. Today, the step beyond that: Search 4.0, how personal, social and human-edited data can be used to refine search results.

The Search Evolution So Far

Before going ahead, let me summarize what I covered in my past article, in  terms of how search engines have changed over time to create and rank the  results you get when doing a search:

  • Search 1.0 (1996): Pages ranked using “on-the-page” criteria
  • Search 2.0 (1998): Pages ranked using “off-the-page” criteria
  • Search 3.0 (2007): Vertical search results blended into regular search    results

The evolution above is not perfect. For one thing, some “Search 3.0″ blending started to happen years before 2007. It’s just that in 2007, I felt all the major search engines made the leap into Search 3.0 in a significant way.

...

Search 4.0: The Human Factor

Onward to Search 4.0! As I said in my opening, to me this is the move for search engines to make use of human data as part of their ranking systems. In particular, it means human data generated by you, by those you know or by human editors.

Search engines already make use of some human data. All the major search engines, for example, monitor what we click on within the search results. This helps them determine if a particular listing is drawing more or less clicks than would be expected for the position it holds. For example, if the number two listing for a particular query is getting less clicks than “normal” for a listing in that spot, perhaps it’s a bad quality listing that should be replaced with another.

Another example: all the major search engines make heavy use of link data — and that link data is largely human data, humans both “voting” with their links and “tagging” pages by the words they use in the links. Google Now Reporting  Anchor Text Phrases and Google Kills Bush’s  Miserable Failure Search & Other Google Bombs provide more about how links  are used in this fashion.

When I talk about putting human data into search results as part of Search 4.0, I mean things that are more aggressive or active than what I’ve covered above. I’ll start off with the most refined Search 4.0 implementation out there, Google’s personalized results.

Google: Search 4.0 Gets Personal

With Google Personalized Search, the web pages you visit, bookmark and things you click on within search results at Google are used to custom-tailor search results for you. The personalization is not as dramatic as with a place like Amazon, where if you purchase a book once, Amazon seems to continually push similar books like that at you forever. Shifts are far more subtle, mainly to help elevate results from sites you

Read more here.

The law of Facebook

Law students at the University of Ottawa have filed a complaint with the Canadian federal privacy commissioner against Facebook:

The students, including several dedicated Facebook users, allege the popular social networking website has committed 22 violations of Canadian privacy law.

They allege Facebook fails to inform members about how their personal information is disclosed to third parties for advertising and other profit-making activities, and also that it doesn't get permission from users to do so.

The students drew up the complaint after analyzing the company's policies and practices as part of a clinic course during the winter term.

Clinic director Philippa Lawson said the group focused on Facebook — which boasts more than seven million Canadian members — because it appeals to young teens who may not realize the risks of exposing personal information online.

Under law, the privacy commissioner has up to one year to investigate the complaint and present findings.

Read more here (from CBC News).  Although I wouldn't know the first thing about Canadian privacy law, my feeling Facebook's terms of service would not violate Australian law, but it did remind me of part an internet class I taught with John Swinson on the law of Google. Given that experience the more interesting point from my perspective is that this lawsuit was driven by a clinic at the University of Ottawa.  And although the merits may ultimately fail it highlights what an effective teaching tool it is to use clinics.  Although common in the US and Canada, there a very few clinics in Australia's law schools, which I think is a pity.  QUT has recently introduced a work integrated learning program, which includes plans for a legal clinic and I hope that this a form of learning that becomes more dominant in Australian law schools. 

Assessing your phorm

Media Post's Daily Online Examiner looks at how ISPs are responding to the phorm threat:

Behavioral targeting company Phorm hasn’t launched yet, but is already facing more pushback than even the staunchest privacy advocates likely anticipated. The latest news is that Phorm opponent Alex Hanff is calling for people to picket the annual meeting of BT — one of the Internet service providers that’s working with Phorm.

“The purpose of the protest is to make BT shareholders aware of the past and planned use of allegedly illegal interception technologies to sell behavioral profiles to an ex-spyware company,” he
said
, according to a report today in the U.K. paper The Register.

At the same time, an anti-Phorm petition in the U.K. has drawn more than 13,000 signatories to date. The petition, stating that Phorm’s plan “would result in the browsing habits of the majority of the UK population being sold to a third party for advertising purposes,” warns that “the opt out system for this technology is vague and unproven.”

“Surely this must be a breach of privacy laws, if not then the privacy laws need to be changed to cover such invasive technology,” the petition states.

These same arguments are increasingly surfacing here. Advocates say marketers shouldn’t snoop on people’s Web-surfing activity to send them ads without first obtaining users’ consent.

If behavioral targeting in general has raised advocates’ ire, platforms that rely on data from Internet service providers especially trouble privacy rights groups. That’s because ISPs know every site users’ visit and every search query they make. Online ad companies argue that the targeting is all done anonymously, so that companies only know which sites particular users have visited, but not their names or e-mail addresses.

But the prospect of ISP-based targeting is so troubling that lawmakers have asked to meet with the Internet service provider Charter Communications before it follows through on a plan to share data with behavioral targeting company NebuAd.

Phorm is poised to launch soon in the U.K., following which it intends to launch in the U.S. as well. If increasing public pressure in the U.K. results in Phorm deciding to seek users’ consent before targeting them, it seems likely that the company will ask U.S. users for their agreement as well. If nothing else, declining to do so would put the company in a very awkward position of explaining why European Web users have more privacy rights than U.S. consumers.

Read more here.

Blogging returns

Every now and again I just need to give up blogging, and this week was on the times I needed a virtual break or a secular sabbath.  Anyway, blogging will resume tonight.