While it seems that tablet-mania has us all in its grip, the more I thought of a slate running webOS the more excited I got about it. The graphical touch interface is already outstanding, but imagine it on a 7-inch display. The multitasking of webOS would enter new ground on such a screen. It would not only be a productive environment to use, it would actually be fun. If you ask me, Palm could use a little fun these days.

I am picturing a thin slate with a 7-inch screen even a tad bigger would be OK. The great PIM apps on webOS would be stellar if optimized for the larger display. Palm wouldn't have to add functionality, or even change the way they utilized touch, just optimize the display. The webOS browser is already quite good; It would only be better on a larger screen.

I believe Palm could produce this slate, given its history with device design and production. It should follow the Apple model and make sure all existing webOS apps work on the tablet, and provide incentives to developers who optimize existing apps for the bigger screen. Maybe even make a deal with Amazon to get a solid app to work with Amazon MP3. There are many ways for Palm to go with this slate, almost all of them good.

Palm could produce a Wi-Fi model of the slate, but also a Sprint 3G/4G model. This would compete with the iPad, and with the Sprint data network make a bold statement. I can see Palm making a tremendous splash with such a device, no matter what happens with its phone line. Having given this a lot of thought, I can only see an upside for beleaguered Palm with this. Given the tight integration webOS already has with Google services, this tablet would give Android tablets serious competition.

The only question I have about this tablet venture for Palm is what to call the product. There's the obvious Palm Pad, but I think they need something clever to make a splash. How about the Palm Pilot? Raise the original product name that made the company famous, and get people talking.

Related research on GigaOM Pro (sub req'd):

How To Clean Up the Mobile OS Mess

(photo: Evil Erin)

Matt Yglesias analyzes the failure of the progressive block strategy, and chalks it up to progressives not picking issues that centrists care about.

He doesn't note his own role in that failure, vilifying the leader of the progressive block Raul Grijalva as the world's greatest monster unless he backs down. (Our own whip effort started to back Grijalva's efforts, which were already underway in the House when we started in June of 2009.)

I've said many times that it's impossible to expect progressive members of Congress to hold together if they don't have the backing of their natural fiscal constituencies the liberal interest groups and the unions. Without that support, they're left to raise money from PACS and other corporate sources to sufficiently fund their campaigns. That's why they take turns championing progressive bills that ultimately fail so they can pretend they do something, and then vote for bad bills that ultimately pass so someone else can be the failed hero. When Tammy Baldwin votes for one PhRMA-friendly bill after another, progressives can say hey, but she's so good on LGBT issues! Which never actually pass either, but the kabuki keeps activists sufficiently docile and donating to large organizations who fundraise off amping up outrage.

But it's also worthy to note that it's hard for them to withstand the assault of liberal pundits who sneeringly derided their efforts as naive, futile and purist. They should be proudly taking credit for their role in delegitimizing progressive opposition to the bill in liberal intellectual circles, much the same role that the same people played during the Iraq war. After all, it's TNR's stock in trade.

I'll leave it to others to analyze how corporate cash was laundered through foundations to underwrite the efforts of various opinion leaders in the health care debate, but it definitely deserves more scrutiny. . .

Monday, June 1, 2009

Kaiser Family Foundation Launches New Non-Profit Health Policy News Service

Menlo Park, CA In the midst of a major federal health reform debate and the ongoing financial turmoil in the media industry, the Kaiser Family Foundation officially launched Kaiser Health News (KHN) today to provide a new source of in-depth reporting on major health issues. KHN is staffed by experienced health policy journalists and editors, and will feature contributions from a wide array of leading health policy commentators and independent journalists.

[]

At the heart of KHN will be in-depth, explanatory stories about complex health policy issues and major developments in Washington, D.C., and around the country in the health care marketplace and health care delivery system. The news service will cover policy stories like health care reform, developments in major public health coverage programs like Medicare and Medicaid, and complicated ongoing policy challenges like the financing of long-term care, and it will examine the nation's health care system from a consumer perspective. KHN will also provide a synthesis of health policy news coverage through a daily health policy report, original programming from Kaiser's broadcast studio, and regular columns from contributing writers and experts. Jonathan Cohn, senior editor of The New Republic, and Howard Gleckman, senior research associate at the Urban Institute and former senior correspondent at Business Week, will be writing bi-weekly columns. Among others who will contribute occasional columns are: Michael Cannon of the Cato Institute, Jim Capretta of the Ethics and Public Policy Center, Judy Feder of the Center for American Progress, and Mark Pauly of the Wharton School at the University of Pennsylvania.

The development of Jonathan Gruber's much-vaunted model, which formed the justification for econo-wonks and politicians alike to support the Senate bill's voodoo claims about the excise tax, was originally paid for by the Kaiser Family Foundation in 1999 according to Gruber. It was given a facelift this year courtesy of the Small Business Majority, whose money comes from foundations including the Blue Cross Blue Shield Foundation. (h/t spanishinquisition)

And recall that Kaiser Permanente was the original sponsor of the Washington Post pay-to-play salons.

You have to wonder if any of that Kaiser cash underwrote other efforts at the Post after the parties fell through.

HCAN's efforts were funded by Atlantic Philanthropies, the Robert Wood Johnson Foundation and George Soros foundations, among others.

So, come on, pundits. Don't let the lameness of progressives in Congress get all the credit for shooting down the public option, rolling back choice, and teeing up constitutional amendments to overturn the health care bill around the country.

Stand proud.

Tags: Blogosphere, Jonathan Gruber, Kaiser Family Foundation, Matt Yglesias, Media, new media, Raul Grijalva, Robert Wood Johnson, The New Republic, TNR, veal pen

Haul is a great modern bike design from Globe Bicycles.

[via Stilsucht]

The insanity of the South by Southwest crowds and popularity of location-based services (LBSs) such as Foursquare and Gowalla have me thinking about the future of popular conferences and unconferences.

Do we still need the confines of a massive convention center?

SXSW has already outgrown the Austin Convention Center, spilling sessions into neighboring hotels. When the conference takes over the town, why doesn't the town take over the conference?

We were all glued to our mobile devices and the aforementioned services to track where the parties and people were, why not do the same with the sessions?

When so much value is in the hallway conversations, why not make the streets the hallway?

I realize this may be too insane to imagine for SXSW, but what about your local unconferences?

PodCamp and BarCamp Nashville have just about outgrown the Cadillac Ranch due to attendee numbers.

Why not reserve several neighboring bars, restaurants and cafes? Depending on weather, a city park would also suffice.

Then LBSs could be used to let you know where the people are using awesome services like vicarious.ly and SitBy.Us.

Thoughts?

Photo from Flickr by: Visualist Images

Related posts:

1. 10 signs SXSW Interactive is over And so ends another South by Southwest Interactive. SXSW...
2. Location, location, location I've been using three location-based services recently on my...
3. 5 tips for SXSW I am very excited to be attending SXSW Interactive!...

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Universal Music Group will drop the prices on the majority of its new CD releases to between six and 10 dollars. This plan dubbed the Velocity program will go into effect in the second quarter of this year.

UMG hopes this plan will at least slow the serious decline in CD sales that has been going on since MP3s and other digital music downloads came on the scene.

While UMG has its hands in music downloads and streaming, too, the profit margins are usually better with CDs. UMG claims that its cheaper CD plan will maintain a 25% profit margin.

Up until now, most new CDs have actually been more expensive than their download counterparts. If the price comes down, consumers will be more likely to purchase the goods. It's a simple economic principle. But to try to incentivize music fans even further, UMG plans to load the jewel cases with deluxe content that you won't usually get with online purchases.

We're not going to complain about lower prices. We welcome anything that reduces consumers' expenses. But do you think this will actually make a difference? A couple of us in the Mashable office haven't bought a CD in years if you're the same, will UMG's plan turn you around?

[img credit: lrargarich]

Tags: CD, CDs, digital downloads, music, umg, universal music group

Rumors of Apple's supposed ban started Wednesday when iLounge reported that several companies had been informed that, starting in May, Apple would no longer carry screen protectors in their retail stores. According to iLounge's sources, stand-alone solutions as well as those bundled with cases will eventually be removed.

There were so many pundit theories about what could have sparked the decision that iLounge wrote a follow-up article to address them. The conspiracy theorists came up with all kinds of reasons: Apple is making room for iPad accessories, Apple wants you to ruin your phone so you have to buy another, the iPhone is too classy for a flimsy piece of plastic, etc. Our personal favorite theory was that Apple might be planning a new product or technology that doesn't work properly with the film applied. iLounge even got an e-mail from an Apple Store employee, suggesting that the ban might be due to the difficulty in applying the protective layer. Apparently, this employee's store barred employees from doing this for customers some time ago.

In our experiences here at Ars, the iPhone screen is extremely hard to scratch, though some of us have admittedly had much better luck than others. It seems much more likely that an iPhone screen will crack due to a fall than it will develop noticeable scratch. In that case, no amount of thin, flimsy, plastic is going to save your device from that.

What Apple is up to is really anyone's guess. We would like to think that Apple is coming out with its own line of overpriced iPhone screen protectors, but it's more likely they are just more trouble than they're worth for Apple. Screen protectors may still be available at Apple Stores, but probably not for long. Don't worryyou can get the exact same thing for your iPhone from places like Best Buy, Fry's, and almost any other outlet that sells iPhone accessories.

Read the comments on this post

(NASHVILLE, IN) - A Brown County man discovered hiding from police in a cornfield Tuesday night after violating a protective order.

By Tom Foremski - March 16, 2010

Most journalists I know can barely type, they certainly can't spell but they can tell a great story.

Most professions have to continually upgrade their skills yet I know lots of journalists that are very reticent about adding new skills. They hate to shoot photos, or video, or edit the video. I know a journalist that does not know how to upload a photo!

Carrying a pencil and a notepad is not enough, journalists need to know how to produce media content in a variety of ways.

Here are ten basic skills journalists, heck, anyone should know:

1 - How to shoot a photo with a digital camera and transfer it to a computer for a quick edit.

2 - How to upload an image to a web site in the right format and size.

3 - How to add a hyperlink to a word or part of a sentence by hand. (i.e. hyperlink)

4 - How to quickly shoot digital video and do a quick edit and upload it to a hosting service such as YouTube, in the right format.

5 - How to embed the code for a video in a web page and resize it to fit the page width.

6 - How to capture audio for a video, or just an audio-only podcast, so that the audio is clear and background noise is minimal.

7 - Know some basic HTML and what it does so that common problems with a web page can be quickly fixed.

8 - Know some basic CSS (Cascading Style Sheets) and what it does, and be able to quickly fix any problems with a web page.

9 - Know how to promote your content on the Internet without alienating contacts and family.

10 - Know how to get used to an always-on work day that often extends beyond 9-to-5, and produce three times as much digital media content as you think you can, while maintaining high standards of quality and accuracy.

• notebook paperBe optimistic: bring lots.


• a clipboard or other hard surface if you like to work on the bed instead of a desk like I do.


• different colored pensI found it useful to write all the changes I wasn't sure I wanted to make in a different color pen. That way, if I changed my mind, I could easily find those particular changes and remove them.


• Post-It notesGood to bookmark pages when you flip back and forth between sections.


• different colored highlightersI learned a terrific exercise by attending a conference by Darcy Pattison. You shrink your manuscript to a font small enough to fit your entire manuscript onto 32 pages (play with the margins and single space). You then use different colored highlighters to highlight whatever you want to examine for flow in your novel. You then lay out your novel on the floor and can see the entire thing in one look.


• laptop computer (Note: ask ahead of time whether the hotel AND YOUR SPECIFIC ROOM have wireless. My room must have been just on the cusp of wireless coverage. I got a good 30 min. of online time and that's it. (It ended up being a good thing, as I didn't have access to time-sucking Facebook).


• keyboard, mouse, etc.It was worth it to me to have a mouse instead of using the touchpad of the laptop. I was fine with the mini-keyboard of the laptop, but if you're not, keep that in mind. Nothing's worse than having time to type and being uncomfortable.


• printerYes, you heard me correctly. I purchased a small HP printer from Walmart for $35 (color and black ink included). It was SO WORTH having with me. Sometimes I redo a page so extensively, I need to edit it a couple of times. It was helpful to be able to print it and write on a clean copy.


• printer paper


• flash driveIf you don't bring a printer, you still may want to print. By bringing a flash drive, you can print in the hotel's business center (or, you can always email yourself your manuscript and open it that way).


• scissorsin case you want to cut your story apart to lay out


• stapler or hole punchI keep my novel in a binder. After I printed some new pages, I wished I was able to stick them in my binder.


• synopsisIf you change your novel, you may want to update this as well


• other drafts of the novelI know I ended up referring to old copies of my novel for parts I had deleted from the most current version.
  

Non-writing Related

• snacksLots. Now's not the time to worry about calories. Okay, I'm rationalizing the fact that I brought a jumbo bag of M & Ms, Red Vines, and Sun Chips, but let's just refer to these foods as fuel for creativity.


• meal-ish FoodsI regret that I didn't pack anything that could count as a meal. Because my hotel had a HUGE children's chess tournament going on, the parking lot was packed. In an effort to not lose my great parking space, I refused to leave the hotel. That meant I had to eat at the restaurants at the hotel. Saturday morning, I spent $4 on a cup of Dannon yogurt and a microscopic box of Cheerios. I should have brought a couple granola bars, an apple, a box of raisins, etc.


• coolerAgain, for bringing your own food. My room didn't have a refrigerator. If it had, I could have packed my own yogurt for under a dollar (can you tell I'm still bummed my yogurt cost $2.50?)


• water


• hand soapAm I the only one that can't stand how hotels still provide a bar soap instead of having a pump by the sink? I bring my own instead of using the slimy bar. A tip for any hotel stay.


• ipod and headphones, workout clothes, etc.It was nice to take a break on the treadmill for a bit to clear my head. It also helped to work off about 4 M & Ms.


• swimsuitA hotel with a pool was a must for me. I forced myself to make it to a certain page before I could take a swim break though.

Briefly, Section 230(c)(1) provides immunity from liability for providers and users of an interactive computer service who publish information provided by others:
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

In order to use this provision, there are three elements:

1. The defendant must be a provider or user of an interactive computer service.
2. The cause of action asserted by the plaintiff must treat the defendant as the publisher or speaker of the published information at issue.
3. The information must be provided by another information content provider, i.e., the defendant must not be the information content provider of the published information at issue.

Section 230 does not protect providers or users from all harms, for example it would not protect the provider or user from criminal copyright infringement, or from violating fair housing laws, etc. Still, the fact that it works as it does provides us with the modern internet we know today.

Why I'm thankful for Section 230 is a post from: Cyberlaw Central

Make sure you turn on the audio for the commentary.

Doctor's Associates, Inc. v. QIP Holders LLC, 2010 WL 669870 (D. Conn. Feb. 19, 2010). My prior post on this case.

As a long-time vegetarian (over a quarter-century), I find America's obsession with "more meat" competitions simultaneously amusing and repulsive. On my personal blog, I have routinely chronicled the "burger wars" between heartland restaurants trying to outdo each other by offering bigger and bigger burgers. As far as I know, the current high-water mark is the Beer Barrel Main Event Charity Burger, a 123 pound burger that includes 80 pounds of meat. See the photo. If you're one of those people who thinks a burger can never have too much meat, good luck working on that bad boy.

Today's post involves subway sandwiches instead of burgers, but it turns out that subway sandwich restaurants' competition over claims of having more meat is no less stiff. Quiznos kicked off the war in 2006 by launching a "double meat" line of sandwiches. Quiznos ran two TV ads comparing the meat in its sandwiches to Subway's and set up a website soliciting individuals to make and submit their own comparative digital video ads. Subway was not amused and ultimately filed a seventh amended complaint (!) over Quiznos' ad campaigns. (What a patient judge).

The parties hotly contested every aspect of the litigation, and Rebecca does a thorough recap of the lengthy ruling. I'm going to focus on the court's discussion of the crowdsourced video ads published on Quiznos' ad campaign website, which Quiznos defended on 47 USC 230 grounds.

Citing the MCW v. Badbusinessbureau case from 2004, the court says "the critical inquiry with respect to CDA immunity in this case is whether the Defendants merely published information provided by third parties or instead were actively responsible for the creation and development of disparaging representations about Subway contained in the contestant videos."

The MCW decision was questionable even at its time, but it's bizarre to see the court reach into history for this obscure, archaic, unpublished and geographically distant (it was a TX precedent being cited in a CT court) district court precedent. To do this, the court bypasses dozens of more recentand more thoughtfulcases, including the multiple Ripoff Report cases that have expressly and implicitly rejected the MCW case. A more natural citation would have been the Roommates.com case, which also referenced legal distinctions between active/passive websites similar to the legal standard quoted above. However, if the court had followed Roommates.com, it almost certainly would have ruled for the defense, as Quiznos didn't require illegality or even channel users towards illegality. (Rebecca makes the same point). Therefore, I'm baffled how the court got to this legal standard citing this legal precedent.

Using this odd legal standard, the court says it's up to the jury to decide if Quiznos just exercised traditional editorial control or impermissibly "actively participated in creating or developing the third-party content submitted to the Contest website."

Unquestionably, sending this case to a jury is a 230 loss, but how bad is unclear. We'll never find out what the jury would do with the case because the parties promptly settled the case after this ruling. However, a plaintiff's ability to hold a case open through trial, rather than having it disposed of earlier in the proceedings, would itself represent a significant win for plaintiffs--it would mean plaintiffs can get discovery to fish for embarrassing facts, force the defense to incur lots of litigation costs, and get a chance to tell their sob story before a jury. (FWIW, I am not aware of any 230 case that has ever reached a juryam I forgetting something?) Nevertheless, I think very few courts will follow this precedent given the plethora of more persuasive precedents and the fact that Quiznos' crowdsourced ads were just one part of Quiznos' larger allegedly false ad campaign. Therefore, I don't expect this 230 loss to spread to many other cases.

I also don't think this case shines much light on the legitimacy of crowdsourcing ads. There's no reason to believe that crowdsourced ads are per se problematic. At the same time, if the advertiser uses the ads offline, clearly the advertiser "adopts" the ad and takes full responsibility for its contents. If the advertiser only publishes the ad online, 230 might be available but the advertiser still might tread cautiously due to the FTC Endorsement and Testimonial Guidelines, which basically ignores 230 and holds advertisers liable for certain types of third party advertisements anyway. I think 230 may nullify this part of the FTC guidelines, but most advertisers would rather not tangle with the FTC to establish the deficiencies in the FTC's thinking. As a result, I expect most advertisers will vet most crowdsourced ads, even if they only publish them only, as if the advertiser is legally responsible for the ads and not protected by 230.

BTW, the Subway v. Quiznos lawsuit isn't the only litigation over subway restaurants' claims of double meat. In an apparently unrelated lawsuit, last month a class action suit was filed over Blimpie's "Super Stacked" sandwich for overclaiming that it had double meat.

I confess some schadenfreude when I see lawsuits against meat pushers for overhyping meat quantities. I would not shed a tear if the meat pushers lock up each other in litigation death struggles and sue each other to oblivion. Of course, consumers can facilitate that outcome by refusing to patronize vendors who "compete" with each other by encouraging us to overconsume the Earth's resources.

Definitions

Today, Rescuecom issued a press release declaring victory in its litigation against Google. But it's an odd definition of "victory" given that Rescuecom has apparently voluntarily abandoned its 6 year litigation effort without any new concessions from Google. The dismissal notice.

This development reminds me a lot of the American Blinds v. Google denouement, where American Blinds also simply gave up and dropped its multi-year lawsuit without any concessions from Google. Note to future plaintiffs: if you're going to threaten Google's $20B/year cash cow, chances are pretty good that they have the resources to outlast you.

Why did Rescuecom give up? According to Rescuecom's press release, "Google has recently confirmed to Rescuecom that it has removed Rescuecom's trademark from its Keyword Suggestion Tool." That, plus the fact that Google blocks trademark references in ad copy, means that Rescuecom feels it has "obtained two of the three things we initially sought in our complaint against Google." And if two out of three is good enough for Meat Loaf, apparently it's good enough for Rescuecom. At minimum, having low standards makes it a lot easier to declare victory when you give up.

However, this explanation is pretty hollow. Although the press release treats Google's removal of Rescuecom from the keyword suggestion tool as a new development, it appears that Google made this change IN 2005. Wendy Davis reports:

[Rescuecom CEO] Milman says he only learned last week that Google had stopped suggesting Rescuecom as a keyword. "Who knows what would have happened if they had told us back in 2005 that they had taken our name out of their keyword tool?" he said.

Hmm...I think I know the answer to that question! Then again, if getting out of the keyword suggestion tool really was one of Rescuecom's Big Three objectives all along, maybe they might have asked Google about it in 2005...or 2006...or 2007...or, well, you get the point. Spin it however they want, it's hard for Rescuecom to look good while dropping a lawsuit based on a 5 year old fact.

Nevertheless, I'm interested in knowing more about this removal. Does Google have a way for trademark owners to "opt out" of having their trademarks in its keyword suggestion tool? I would expect that option to become very popular if it were well-known. If anyone has information about how trademark owners can make an election with Google, please share it.

Given the completely disingenuous nature of declaring victory based on getting out of the keyword suggestion tool, there may be a better--and more self-interested reason--for Rescuecom to give up. Rescuecom is defending a trademark lawsuit brought by Best Buy over Rescuecom's competitive AdWords purchases of the "geek squad" trademark. Rescuecom was caught in the duplicitous position of making plaintiff-side arguments against Google while making highly contradictory defense-side arguments against Best Buy. As a result, every positive step in its Google case had the potential to degrade its position in the Best Buy case. By abandoning the Google fight, Rescuecom avoids this difficult dilemma.

As an odd byproduct of this development, Google and Rescuecom are now aligned in advancing the arguments that competitive keyword advertising in AdWords is legitimate. Isn't there a passage in the Bible about the lion and the lamb lying down together?

The roster of pending AdWords cases (I most recently double-checked the status of these cases on February 20, 2010):

* Ezzo v. Google
* Rescuecom v. Google
* FPX v. Google
* John Beck Amazing Profits v. Google and the companion Google v. John Beck Amazing Profits
* Stratton Faxon v. Google (not initially a trademark case). Check the status.
* Soaring Helmet v. Bill Me
* Ascentive v. Google
* Jurin v. Google 1.0 (voluntarily dismissed), succeeded by Jurin v. Google 2.0
* Rosetta Stone v. Google
* Flowbee v. Google
* Parts Geek v. US Auto Parts
* Dazzlesmile v. Epic

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First, if you have any questions for the Windows Phone 7 Series team, I'd be more than happy to ask on your behalf (as I do live around the corner from Redmond's campus and will be meeting with the team again at some point in the future). Post a comment and/or video response.

I was invited to a behind the scenes look at elements of the Windows Phone 7 Series developer platform. At Mobile World Congress (covered earlier in this channel), Microsoft provided a first look at Windows Phone 7 Series and I'm pleased to offer you the opportunity to see a live demonstration up close.

Yes, I got to play with the phone, too. It works as advertised even as a prototype. Unfortunately, we could not adjust the brightness settings in this particular device. The Metro interface is a bucket of win in my book.

Charlie Kindel partner group program manager, Windows Phone App Platform & Developer Experience was hosting an intimate reception this evening in San Francisco. I wasn't able to make it, but Microsoft arranged a somewhat more private meeting with Greg Sullivan from the Windows Phone team a little closer to home.

I met Greg a few years ago through the Longhorn Labs project (back when Microsoft Windows team leads worked actively with their most vocal community supporters). I'm not sure if I can reveal any more device details at this point, but suffice it to say

I want one.

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As of a month ago Trader's title had been downgraded to VP of Partnerships and Studio Services, although no top sales or business development replacement executive has yet been named.

Why is he gone? No one is saying. CEO Mark Pincus says only AT [Andrew Trader] and zynga have parted ways. He made an awesome contribution. We need to continue scaling the company. Trader hasn't yet returned a phone call asking for his comment.

Zynga's revenue growth has been nothing short of astronomical over the last 18 months, so it would be hard to blame him for not bringing in the dollars. Perhaps he took the fall for the Scamville saga although that has largely blown over now.

Trader was with Zynga nearly three years, so he's vested on a lot of his stock. Given how much money is at stake, the whole story about why the first cofounder of Zynga has left the building may never come out. Zynga raised $180 million in December 2009, at a rumored valuation of above $2 billion.

And no, I have no idea why he's holding a banana in the picture.

For that big screen device ... there's no diversity. You get exactly the Xboxes that we build for you. We may have more form factors in the future that are designed for various price points and options, but we think it's going to [be] important.

Steve Ballmer teases new Xbox 360 form factors, price points and options originally appeared on Engadget on Sat, 06 Mar 2010 05:21:00 EST. Please see our terms for use of feeds.

It's precisely the wrong way to succeed.

Lots of journalists take significant detours in their careers and their writing in order to win a Pulitzer. Maybe not to actually win one, but to be in that class, to have peers that have won one. Mystery novelists stick to the center of the road, because that's where the road is. Movies are written and released in order to win an Oscar. Once there's a category, a ranking, a place to battle for supremacy, we run for it.

Do you go to trade shows or enter markets or submit RFPs or push for a GPA or even gross ratings points because there's a list of winners or because it's what you actually want to do? Most bestseller lists and prizes measure popularity, not effectiveness.

I wonder if real art comes when you build the thing that they don't have a prize for yet.

In Hung Tan Phan v. Lang Van Pham, the President of a group of Vietnamese Navy and Merchant Marine veterans sent an email to fellow veterans. In the email, he wrote that another veteran, Hung Tan Phan, had been disciplined by the Vietnamese Navy for abusive behavior in the final days of the Vietnam War.

Lang Van Pham received the email and forwarded it to at least one fellow veteran. He included the following introductory paragraph: Dear Kmap: Everything will come out to the daylight, I invite you and our classmates to read the following comments of [the] President of the Federation of Associations of the Republic of Vietnam Navy and Merchant Marine.

Hung sued Lang. Hung alleged that Lang, as the forwarder of an allegedly defamatory message, was himself liable as the publisher of a libelous statement. Lang moved to dismiss, citing CDA section 230 immunity. The trial court dismissed the case and Hung appealed.

The appeals court noted the general rule that CDA section 230 provides immunity from liability for all content providers for publishing information received from third parties. Subsection (c)(1) states that [n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. The court then framed the question as whether by including an introduction to the allegedly defamatory email the forwarder had materially contributed to the illegality of the Internet message. In other words, whether Lang's cover note constituted active involvement in the creation of a defamatory Internet posting such as to to expose Lang to defamation liability as an original source.

The appeals court ruled for defendant Lang. The court held that, on these facts, Lang made no material contribution to the alleged defamatory message he forwarded.

The defendant here, like others, was able to successfully deploy the CDA to escape liability. Still, republishing defamatory (or potentially defamatory) matter is always a risky proposition. If you're intent on republishing potentially defamatory matter, speak with your attorney first to assess your risks and defenses [Hung Tan Phan v. Lang Van Pham, 2010 WL 658244 (Cal. App. 4th Dist., Feb. 25, 2010)].

It's now three minutes later and I could totally creep her out I know her kids' names and where they go to school, her home address, her hobbies, spouse's name and place of employment. I also know the names of all her Facebook friends. Oh and don't forget it wouldn't have been all that hard for me to just snap a picture of her and share it with you here.

Moral of story? STFU when you're on your cell phone in public.

The matter was remanded by the Federal Circuit to the District Court, and, as we blogged in December, several additional pre-trial rulings again favored the JMRI project, including a ruling on the eligibility of software code that is distributed for free for copyright infringement damages. The settlement was reached with a trial date on the not-too-distant horizon.

With the settlement, the Federal Circuit and District Court rulings will not be subject to direct appeal. Given the rarity of litigation over open source software, it seems unlikely that the reasoning of these two rulings will be questioned judicially in any other open source litigation for some time.

The settlement agreement is here, and the permanent injunction is here.

The explanation of the settlement on the JMRI site indicates that the proprietary software company has agreed, among other things, not to misuse the JMRI software at issue, or to register any domain names incorporating certain terms attributable to the JMRI project, and will make a payment of $100,000. Future disputes will be settled by mediation or arbitration.

Yahoo has replaced Google as the default search provider throughout the phone. It's crazy: the home screen widget, the browser, everything's been programmed to use Yahoo.

It is not unusual for carriers to work deals for specific software on its handsets. They take money wherever they can get it. But this deal is sure to confuse the customer, as Android phones are commonly called Google phones by many. Let's face it, Google makes Android, and one of its strengths is the tight integration with the company's online services. And search is certainly one of Google's big services, but not on the AT&T Backflip.

This is the equivalent of a Windows PC hitting the market that has Internet Explorer removed and Safari as the only browser. Some customers might be happy by that but most would be confused. Then to make matter worse, imagine that Internet Explorer couldn't be installed by the user to get around this major change. That seems to be the case with the AT&T Backflip, as early testers are reporting the inability to get Google search working in any of the Android programs.

There has been enough complaining about fragmentation in the Android space, so I won't rehash that topic. But there is something so fundamentally wrong when an Android phone has Google search removed. And replaced by Yahoo search? I guess this makes the Backflip the Yahoo Phone.

Related research on GigaOM Pro (sub req'd):

As Windows Mobile Stumbles, Which Smartphone OS Will Seize the Lead?

Yahoo has replaced Google as the default search provider throughout the phone. It's crazy: the home screen widget, the browser, everything's been programmed to use Yahoo.

It is not unusual for carriers to work deals for specific software on its handsets. They take money wherever they can get it. But this deal is sure to confuse the customer, as Android phones are commonly called Google phones by many. Let's face it, Google makes Android, and one of its strengths is the tight integration with the company's online services. And search is certainly one of Google's big services, but not on the AT&T Backflip.

This is the equivalent of a Windows PC hitting the market that has Internet Explorer removed and Safari as the only browser. Some customers might be happy by that but most would be confused. Then to make matter worse, imagine that Internet Explorer couldn't be installed by the user to get around this major change. That seems to be the case with the AT&T Backflip, as early testers are reporting the inability to get Google search working in any of the Android programs.

There has been enough complaining about fragmentation in the Android space, so I won't rehash that topic. But there is something so fundamentally wrong when an Android phone has Google search removed. And replaced by Yahoo search? I guess this makes the Backflip the Yahoo Phone.

Related research on GigaOM Pro (sub req'd):

As Windows Mobile Stumbles, Which Smartphone OS Will Seize the Lead?

It's been well over a year since Asus first showed off its Eee Keyboard concept, which packs a complete Windows computer into a keyboard that you can connect to a TV over a wireless HDMI connection. The idea is that you can surf the web, stream video over a home network, or do just about anything you can do with a PC on your TV. The keyboard also has a built in touchscreen panel for interacting with certain elements of the computer while you're watching a video or doing something else with the TV display.

Now, after a major redesign and a lot of waiting, Asus says it will finally get around to launching the Eee Keyboard in April. The question is more than a year later, are you still at all interested in this device?

Asus has also officially introduced the DR-900 eBook reader. It has a 9 inch display, WiFi, and optional 3G. Its battery is supposed to be good for up to 10,000 page turns.

While Asus hasn't made all the specs official yet, earlier this year specs were released for a mighty similar looking machine called the DR-950, which has a 1024 x 768 pixel display., 4GB of storage, headphone jack, and support for MP3, ePUB, PDF and TXT formats.

No word on a launch date or price yet.

Post from: Liliputing

Asus Eee Keyboard due out in April, eBook Reader coming soon

Scientists have created a flat surface patterned after the body hair of spiders that refuses to get wet.

The surface also has the added benefit of being self-cleaning, since water does a pretty good job of picking up and carrying off dirt as it is being repelled.

This makes the material ideal for some food packaging, windows, or solar cellsthat must stay clean to gather sunlight, scientists say. Boat designers might someday coat hulls with it, making boats faster and more efficient.

But what makes the new surface really unique is that unlike other similar products out there, such as shoe wax and car windshield treatments, the new material doesn't rely on chemicals with water-repellent properties to stay dry. Instead, its surface blocks out water by mimicking the shape and patterns of a spider's body hair. In other words, physics, not chemistry, is what keeps it dry.

Spiders "have short hairs and longer hairs, and they vary a lot. And that is what we mimic, said Wolfgang Sigmund, a professor of materials science and engineering at the University of Florida.

It's been long known that spiders use their water-repelling hairs to stay dry or avoid drowning. Water spiders use their hairs to capture air bubbles and tote them underwater to breathe. But it was only five years ago that Sigmund began experimenting with microscopic fibers, turning to spiders for inspiration.

At first, Sigmund's natural tendency was to make all his fibers the same size and distance apart. But he later learned that the pattern of hairs on a spider's body consists of both long and short hairs that are both curved and straight. So he decided to mimic Nature and replicate this random pattern using plastic hairs varying in size but averaging about 600 microns, or millionths of a meter.

Most people that publish in this field always go for these perfect structures, and we are the first to show that the bad ones are the better ones, Sigmund said.

The technique, detailed in the science journal Langmuir, can be applied to keep even absorbent materials like sponges from getting wet. It may also be safer than other forms of water-proofing since the method doesn't involve the use of chemicals.

Sigmund says that he has even developed a variation of the surface that repels oil. However, he noted that the process is not reliable enough to continually create good working surfaces, and different techniques need to be developed to produce such surfaces in commercially available quantities and size.

We are at the very beginning, Sigmund said. But there is a lot of interest from industry, because our surface is the first one that relies only on surface features and can repel hot water, cold water, and if we change the chemistry both oil and water.

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140proof, which is based in San Francisco and backed by a $2-million investment raised last summer from Blue Run Ventures and Founders Fund, said that its algorithm aims ads at users based on their profiles and other public data. Other Twitter advertising services include Ad.ly, which has gotten some press attention for paying celebrities such as Kim Kardashian thousands of dollars to endorse products to their followers, as well as Magpie, Assetize and IZEA.

The question all of these services will inevitably confront including Twitter itself, once it launches its own platform is how users will react to a wave of advertising in what was once an ad-free social network (in the case of 140proof, of course, you can simply not use HootSuite's mobile apps and you won't see them). Many of these services are only just ramping up in what will undoubtedly become a much bigger campaign to bring ads to the Twittersphere. So what will you do when ads start appearing in your Twitter stream?

Related content from GigaOm Pro (sub req'd):

How Human Users Are Holding Twitter Back

Although Open Home is an $3.99 app, I'd really call it a platform. With it, you can skin or customize your Android interface, add Live Folders, shortcuts and such. And there's tons of custom skins, fonts, icon packs for sale in the Android Market to enhance it. There's even an experimental 3D cube interface in the latest version as you swipe to other home screens, the screen rotates like a cube. I haven't dropped the $3.99 just yet, but I did install Open Home Lite, which is free. It wasn't until after installation that I realized the software adds two extra home screens to the Nexus One. I don't have enough apps and shortcuts to fill up seven screens just yet, but I'm heading in that direction, so the extra space will come in handy. Each of the screens can hold a custom descriptive title as well check this old but relevant video to see how one user categorized the screens on his HTC Magic.

Aside from the extra home screens, Open Home adds dedicated search on the left and an interesting little slideout drawer on the right side of the screen. Simply tap and swipe the star to pull out the drawer. I'm thinking of placing the most used apps in the little drawer so that they're available from any of the seven screens. And I don't even have to give up my Live Wallpapers since Open Home supports them on my handset. Perhaps one of the best features of all Open Home allows for home screen rotation to landscape mode, something I wish Android would support natively.

I'll be playing some more with the free, lite version of Open Home, but I'm already inclined to drop the $3.99 it's a small price to pay for two extra home screens and customization features.

Images courtesy of Better Android Apps

Related research on GigaOM Pro (sub req'd):

Google's Mobile Strategy: Understanding the Nexus One

First, let me inventory the raw materials that got me thinking this way. Recently JC Hutchins posted that he had been dropped as an author by St. Martins Press and that they would not be publishing the 7th Son sequels. The post lives between a gut-check and a crisis of faith from one of the pioneering new media creator/ novelist hybrid guys. He also posted about monetary realities of writers pubishing via ebooks. Not that long before this, I had listened to JC's Hey Everybody interview with Pablo Defendini and Ami Greko from The New Sleekness blog. It's a really interesting discussion about the future of book publishing by industry professionals young enough in their careers to be less invested in the status quo and more willing to help a new future emerge. (Side note 1: I met Pablo and Ami at last year's Dragon*Con in the classic SF con fashion I wanted to meet them, saw them in a hotel bar, asked if I could sit with them, introduced myself and hung out for an hour. Try it, it works! ) Much in my thinking was informed over the last month by the Amazon/Macmillan ebook pricing wars of far too large a trail to link to anything. In that debate I did first run across Joe Konrath, his fiction and some of his posts with amazingly open and detailed statistics of what he sells and what he makes from digital publishing. (Side note 2: I bought, read and enjoyed his book Whiskey Sour as fallout from the debate).

There are many other bits of thought in the mix, such as my feelings about beginning my own novel during NaNoWriMo and thinking about hiring my friends at Sterling Editing to work on it and what I might choose to do with such a book when)it is finished. That's enough of a prelude, though. Time to hit it.

JC Hutchins struck a nerve when he basically waved the white flag on his current way of working.

Creating podcast fiction does does not generate direct revenue for me. Based on anecdotal and statistical data, very few people are willing to pay for general podcast content, much less podcast fiction. Since my goal is to make a living wage with my words, the current monetization models including in-show advertisements will not deliver this. Dedicating time and effort to my non-fiction podcast projects will deliver equally underwhelming monetary results.

It is also apparent to me that using the Free model to promote a tangible product, such as I did with 7th Son: Descent and Personal Effects: Dark Art, does not deliver sustainable sales results. I have friends some of whom are my best friends, the most talented people I've had the privilege to know and work with who have absolute faith in this model. I treasure their trailblazing efforts and enthusiasm. My faith, however, has been fundamentally rattled.

Put simply: The new media model viably supports only the most blessed and talented of authors. The time, effort and money I invest in entertaining you for free pulls my attention and talent away from projects that can generate revenue. While podcasting, podcast fiction, and most importantly your support and evangelism has positively impacted my life and career in ways I'll never be able to fully express, I cannot continue to release free audiofiction if I wish to make a living wage with my words.

This is pretty big stuff in the world of podcast fiction. Hutch was one of the pioneers of the form and his getting picked up by St. Martins was considered a watershed and a validation for the medium. So if he can't make it in this world, what does that say about all the other podcast novelists who are less engaged, have less of a fan base, less sheer horsepower? Does it mean this medium is screwed?

I am positing that Hutch had a terrible misfortune of timing, that he arose as a viable author at exactly the wrong moment in publishing history. As he started down his path it seemed like the end game was to get a book deal with a major publisher. For writers of the last 100 years, this was the reasonable career success path for authors, and practically the only one. In the last few years though a sea change has happened so rapidly and thoroughly to flip that Hutch got his boat capsized in the process and he will be far from the only one. As crazy as it may sound, for a certain kind of author at this point I think a major publishing contract may seem like winning the game but is in fact losing it.

The red flags I got from the JC Hutchins post started here:

Examining the lead up to, and release of, the novel, I cannot see how I could have promoted it any better than I did. I literally went broke promoting this book and Personal Effects: Dark Art (another novel that will not have a sequel; it also underperformed). I conceived numerous brand-new online marketing campaigns that dazzled you and others. I asked you to purchase the novel, and many of you did.

If JC is literally going broke promoting 7th Son and Personal Effects book, I think a reasonable question to ask is What is St. Martins Press' role in this? If JC is willing and able to put so much of his own time and money into the promotion of the books, what value is he getting from the big publisher that is worth giving away 90% of the sale of the book to them? 50 years ago, and 20 years ago and 2 years ago, this made sense. It was pretty much impossible to get a book published and into the hands of the world in any significant way especially in a way that a writer could make a full-time living without a major publisher contract, especially one paying advances at a level to be a livable wage. Nowadays, especially due to the markeplace enabled by the Kindle, Nook, Sony Reader et al, that's a different equation.

Joe Konrath's post about the money he makes from the Kindle store shows a really clear pattern that he summarizes with:

My five Hyperion ebooks (the sixth one came out in July so no royalties yet) each earn an average of $803 per year on Kindle.

My four self-pubbed Kindle novels each earn an average of $3430 per year.

If I had the rights to all six of my Hyperion books, and sold them on Kindle for $1.99, I'd be making $20,580 per year off of them, total, rather than $4818 a year off of them, total.

So, in other words, because Hyperion has my ebook rights, I'm losing $15,762 per year.

For a writer with an engaged audience, like JA Konrath has and like JC Hutchins has, there may well be more money in their books self-published primarily through the Kindle and other ebook stores. An interesting bit from the Konrath numbers above, that's from making 35% of the sales price for his direct books. When it changes to 70%, he'll be making twice as much per book as he posted above for the self-published ones.

Let me say it again: for a writer who is engaged with their audience and reasonably prolific (because you need new books to keep this engine turning), we may be at the turning point where a better living is available through self-publishing than a big New York publisher book deal.

There are certainly authors that this model will not work for. During my preparation for last year's Podcasting for Working Writers panel at Dragon*Con I talked to both James Patrick Kelly and Kelley Eskridge on this topic and they both raised the point that for a number of old school writers, the idea of engaging at the level of podcasting and doing large parts of their own publicity is anathema. A reasonable chunk of authors don't want to get out in the limelight and picked this career specifically so they don't have to engage. They write their books, maybe do a few conventions a year, do some bookstore events and that's it. Back to the keyboard where the serious work happens. That's fair enough and those writers will always need a publisher to do the parts of this business that would make them unhappy to pursue.

I think of the classic big publisher and big record label model as basically serving the function of the bank or maybe as VC. The manufacturing and distribution of the creative work was too capital intensive for an individual so this company would lend that money to the process, make the books or records show up in the store, do some publicity and keep most of the money. They insulate the creator from the process and from the retailers and fans. What publicity efforts exist, the big media company acts as a semi-permeable membrane to let a little of the public through, but not a lot. Ultimately in this model, the relationship with the fans of the buying public is owned mostly by the retailer and the publisher or label, very little by the writer or musician. For the author that doesn't want to feed and water that relationship, that's perfect.

For the other kind of author, a JC Hutchins or Mur Lafferty or Scott Sigler, going with a major publisher outsources to a third party a relationship with their fans that these writers are really really good at maintaining. When Hutch is paying his own money to publicize his books and his his own direct line into his own fanbase, what can the big publishers do for him? They could give him large enough advances to keep his bills paid while future books are written, but obviously they aren't willing to do that because sales aren't high enough. JC's books earn money, but not enough money to keep him in that system. For me, the real question is Did St. Martins Press do 9 times the work than JC did to get the work promoted? If not, what did they do to deserve a 90/10 split?

Last November for NaNoWriMo I began a novel that I have literally been thinking about since 1991 when I was 23. While I came nowhere near finishing it that month and am nowhere near finished now, I have a goal to finish this novel in 2010. I've already been thinking about what happens when I finish the book. Do I try to find an agent and then try to have them place it with a major publisher? Since I don't have any plans beyond that one book and thus don't necessarily have a writing career in mind, how does that affect my decision making? At the moment I'm leaning towards not bothering to place the book with any publisher at all. I'll pay Nicola and Kelley at Sterling Editing to work with me to get it publishable and hire a book designer and/or artist to hone the final product and then publish it to the Kindle store, Smashwords, the Nook store and whatever else seems reasonable at the time. I'll probably release it via Podiobooks.com at the the same time, do my publicity via that and the other usual online suspects and let it ride. The key point to me is that the energy I could spend in placing my book at a big publisher could be spent selling the book to readers and I'll probably make more money that way in the long run. This isn't the way things worked for the 19th and 20th century and it may not be the way it works in the future, but March 2010 it is the way it looks to me now. The validation of having a major publisher decide I'm their sort of writer doesn't do anything for me. I don't need the book contract to pay my living, I'd end up doing mostly my own publicity anyway so what the hell does the publisher have to offer me anymore? Rather than have them put out a $15 Kindle book that I see a buck or two from and no one buys with a print version that is on and off the shelves in head-swimming time on a death march to the warehouse remainder store, I'd rather put out a $5.99 ebook version that I see $4 from each one and more people buy. I have a whole rant on how the true function of ebook platforms is to enable impulse buys, but this current post is already too long. That must come later.

When I interviewed Cory Doctorow in 2006, one of the things he said is that the generation coming of age now is the first one to arise without a stigma attached to self-publication. Since I've been paying attention to the world of science fiction and writers in general, a giant shift has happened. When I joined GEnie in 1992, the notion of self-publishing your work meant that it was unreadable tripe and the very thought of it was risible to any serious author. Nowadays, it might well be the most rational economic choice available. If you aren't already in the system and earning livable wages from advances on your books, and you are the sort of writer and person with that drive a JC Hutchins, a Scott Sigler, a Tee Morris, a Mur Lafferty, an Alec Longstreth, someone willing to do more than thrown the manuscript over the wall and wait for finished copies to return it might be time to take the reins yourself and just do this. The costs are low which means the cost of failing is low. The traditional publishers aren't paying that much anyway so the opportunity costs are low. Just do it. Lynne Abbey, CJ Cherryh and Jane Fancher did. The writers at Book View Cafe did. I will. Don't pin your hopes on a big publisher with economic drivers that are different than yours. Just do it yourself, work the people yourself and keep as much of the money as you can.

Tags: akismet, amazon, ebooks, jakonrath, jchutchins, kindle, macmillan, publishing, sterlingediting, stmartinspress

Now that AT&T has joined the Android revolution, the first question new Android users will ask is what Android apps should I download? Luckily we've created a simple guide to get you started:

First we'll start with the operating system version of the Motorola Backflip at launch, which is version 1.5 the latest and greatest to date is 2.1 (with majority of users on 1.6). This may affect your ability to download some apps as they are compatible with higher versions of the OS. Why is the OS version so out of date? Motoblur Motorola tricked out the software for social networking ease however they have not released Motoblur on the latest and greatest Android OS. Don't fret an update is coming soon.

Now that we're over the OS hump, we'll recommend some of the best Android apps for your Motorola Backflip many for free!

ASTRO File Manager

Browse and Search files on your SD Card and phone with Astro File Manager.

Advanced Task Killer

Close individual or all apps and background services with Advanced Task Killer.

Meridian Player

Meridian Player for Music & Videos.

Dolphin Browser

Dolphin Browser allows you to browse the web using Tabs and create shortcuts using Gestures.

Handcent SMS

Handcent SMS offers text messaging like on iPhone, get T9 text capabilities and text signatures.

Shazam

Shazam... simply awesome! Get any song by simply letting your phone listen to it!

i Music Tao

i Music & i Music Tao allows you to download free MP3s.

Pandora Radio

Stream music for free with Pandora Internet Radio.

Gmote

Turn your AT&T Backflip into a media remote with Gmote and even control your computer via phone!

ShopSavvy

Scan bar codes of products in stores to find best pricing nearby or online with ShopSavvy.

Google Shopper for Android

Photo scan products to get pricing and details with Google's Shopper

Aloqa Always Be A Local

Aloqa location-based app finds places nearby you versus you searching for it.

Abduction!

Abduction! Is an additive game using your phone's accelerometer.

Robo Defense

Robo Defense is a classic tower defense game for Android phones.

Mystique. Chapter 2: The Child

Check out parts 1, 2, and 3 of the Mystique 3D horror puzzle game series.

Wixel

Like words games? Try Wuzzle for hours of fun!

Jewellust

Kill time with addictive Jewellust game

Solitaire

You can't forget a classic time-killer like Solitaire.

What the Doodle!?

Guess what others are drawing while they guess your drawing all online with What The Doodle!?

BlackJack Pro

Satisfy your Vegas crave with Blackjack Pro!

If you download all these apps you might run out of space on your Backflip! Do check these apps out and tell us what you think in the comments.

I'm heading to Tampa, Florida for a couple of days to take care of some business. I have my second thesis defense at the University of South Florida, and tomorrow I'm scheduled to give a teleseminar with the Poynter Institute about producing news with with smartphones.

My mobile media journey started a couple of years ago when I used Twitter to share news from the field as I covered the 2008 Gulf Coast storm season for the now defunct HDNews. I don't know how many journalists were doing it at the time, but I found Twitter and hashtags (like #Ike and #gustav) to be a great way to share first hand accounts of what I was witnessing from the field during Tropical Storm Fay, Hurricane Gustav, Ike and Tropical Storm Hanna.

I also used my blog to post the stories that we produced from the field and I shared footage that wasn't included in my stories. Oh if only the iPhone 3GS was out back then. The iPhone and other smartphones like the Android and Nokia models make it extremely easy to share video from anywhere. Other applications and sites like TwitPic allow easy photo sharing.

We all know that media can't be every. But people with these devices are everywhere, and it's changing the face of news and information. As an example, check out these pics from the Chile earthquake that were posted via Twitter.

Of course I can't share all of my secrets, but if you check out this Webinar, you should have a greater understanding of now TV news stations, and vloggers like myself are using technology to innovate the gathering of content.

WTTG Fox 5 in Washington DC, and KOB in New Mexico are doing a great job of experimenting with technology to enhance coverage.

I'll probably be posting mostly mobile videos, so keep it tuned to either my Twitter account, or check back here for the latest video updates.

Forgive the typos, I gotta board my flight!