(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.

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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.

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(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.

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

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.

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)].

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.

• 10 Profound Innovations Ahead
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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

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!

RockOn is a music player with cool album-art navigation UI, auto art dl and concert info. You can download the full version from the website (free) but if you do like the concept and wish to support further development please consider buying it from the Market (1.33 ).

Price: Free

AndroidTapp.com Android App Review:

Pros & Cons:

Pros

• Unique twist in the interface and navigation
• Find and download album artwork automatically
• Save and share playlists
• Multi-task. Play music in the background and launch other Android apps

Cons

• Often glitchy
• Although the UI is cool, there could be more finesse regards to smoothing out the edges versus jagged edges on albums
• Automatic album art discovery needs manual tweaking to get the best results
• Processor intense, better use on Android phones with higher processing capabilities or more internal memory storage

Features:

RockOn Music Player is an Android music player with a unique twist in the interface and navigation it displays music 2D perspective. On the left pane is the current track playing with music controls, on the right is a list of albums on your SD card. Swipe the right pane to bring albums only to front view. Amongst playing MP3s you can save and share playlists.

Usefulness:

RockOn Music Player allows you to find and download album artwork automatically, even if it is not saved with albums on your SD card (a cool resource to have). However some manual intervention is needed for some album covers.

Ease of Use:

Its nifty UI brings everything all on one screen, so operation could be any easier.

Frequently Used:

Dependant on how often you listen to music on your Android phone.

Interface:

The user interface has a different twist, though it's no TAT Home experience it has room for improvements!

AdMob, the hotly contested mobile advertising company that was eventually acquired by Google in November 2009, published its monthly mobile metrics report. In addition to the report, they included survey results of existing iPhone users about their fondness for the iPad.

One in six iPhone owners intend to purchase an iPad much lower than Palm owners (one in nine) and even lower still for owners of Android phones (one in seventeen). Does this mean that Stevie J. is right that there is a need for a device in between a laptop and a smarthphone or are we iPhone owners just a bunch of fanboys/girls?

Probably a little of both.

Regardless, it does indicate that there is a preliminary market for the iPad that numbers in the millions of units.

Are you going to buy an iPad? What kind of phone do you own?

[Press Release] [AdMob Blog]

Disclosure: http://dsclzr.us/0

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One in Six iPhone Owners Intend to Buy an iPad is a post from: The Magical Tablet

Scherillo v. Dun & Bradstreet, Inc., 2010 WL 537805 (E.D.N.Y. Feb. 17, 2010)

I teach my Cyberspace Law students that the most effective online contract formation process is a "mandatory non-leaky clickthrough agreement":

* mandatory = the user cannot proceed to the destination without going through a screen soliciting their consent to the user agreement.
* non-leaky = there are no alternative ways the user can reach the destination. I realize this is redundant with "mandatory," but I remind students that a seemingly mandatory process can have leaks. For example, if customer support representatives will manually set up user accounts occasionally, the mandatory online process has become leaky because now a few users reached the destination without consenting to the agreement.
* clickthrough = the user manifests assent to the contract by clicking, and the user is told that the click signifies assent.

There are other ways to form online contracts (e.g., email exchanges), but if executed properly, the mandatory non-leaky clickthrough process should do very well against contract formation challenges. But even this description leaves open a number of user interaction judgments. Does likelihood of contract formation vary if:

* the agreement terms are presented on the clickthrough page itself or are only available for review by hyperlink?
* the agreement terms are presented in a scrollbox? If a scrollbox is used, must the user be forced to scroll through the scrollbox?
* the user is asked to check an additional box, such as a certification that the user has read the agreement?

In all of these cases, I believe the contract should be properly formed whether the answer to these questions is yes or no. However, I'm now a fan of adding a bonus mandatory checkbox as part of the formation process after reading today's opinion. A user mounts a sophisticated challenge to a mandatory non-leaky clickthrough process, and the bonus mandatory checkbox helps squelch the challenge. I think the court would have enforced it without the checkbox, but it sure put the user in an awkward/untenable position.

Scherillo bought a financial report about a company from Dun & Bradstreet's Small Business Solutions website. Scherillo alleges that the report painted an overly rosy picture of the company, leading him to make bad investment decisions that cost him money when the company tanked. Scherillo wants D&B to cover his investment losses.

Scherillo is almost certain to lose on the merits. Indeed, this case brought to mind one of the earliest cyberlaw cases, Daniel v. Dow Jones, 520 N.Y.S. 2d 334 (N.Y.C. Civ. Ct. Spec. Term 1987). (This case is a fun read--see how the court discusses electronic networked communications almost a quarter-century ago). That case involved Dow Jones' publication of an ambiguous report via a dial-up online service that led the plaintiff to make a bad investment decision. The court said that any tort claim for publishing inaccurate information required the plaintiff to show that it had a "special relationship" (analogous to a fiduciary relationship) with the information vendor, and an ordinary customer-vendor relationship did not qualify as a special relationship.

Interestingly, D&B would rather hear the case in NJ rather than keep it in NY and hope to benefit from substantive NY law that surely would doom Scherillo's case. (Perhaps NJ has a similar law). To move the case to NJ, D&B invoked the venue selection clause in its user agreement. Let's look at the online contract formation process. The court says:

"since 2007, the SBS website has included a page that requires users to register before purchasing a Dun and Bradstreet product ("the registration page"). On the registration page, users input information, including their e-mail address and name. The bottom quarter to third of the page contains a scrollable text box with the title "Terms and Conditions" [which contained a mandatory venue selection clause designating NJ]. Directly below this text box there is more text that reads: "I have read and AGREE to the terms and conditions shown above." Immediately adjacent to this text is a much smaller, empty box ("the terms and conditions check box"). Also at the bottom of the page is another box containing the phrase "Complete Registration" ("the Complete Registration box"). Clicking on this box completes the user's registration. McDonald testified that if a user clicks on the Complete Registration box without checking the terms and conditions check box, the user is unable to complete registration and is returned to the registration page."

Check out the page yourself as I saw it in Google Chrome on Feb. 18 (with cropping). The formation process looks pretty standard to me.

Scherillo attacked the formation process by saying he never consented to the agreement because "it was possible for him to unknowingly and involuntarily 'check' the terms and conditions check box." Not only that, he lined up Sean Chumura, "a cyberwarfare and computer forensics expert" who is also [LINK NSFW] helping Perfect 10 in its lawsuit against Google, to testify that "it was possible for plaintiff, while 'tabbing' through the registration page, to inadvertently hit the space bar and thereby 'check' the terms and conditions box."

[Snarky paragraph alert] First, this may prove the adage that you can find an expert to testify about ANYTHING. Second, Scherillo alleged $75k of investment losses. For a low-value lawsuit like that, he needs a cyberwarfare expert??? Third, I believe Chumura has a MySpace page. Really...? I wonder if he uses an AOL.com email address too. The MySpace page also reveals that its author appeared to attend the Dan Quayle school of spelling.

OK, back to the case. The judge was no more tolerant of this nonsense than I am. He resolves the factual dispute by saying:

even under plaintiff's theory--that, while "tabbing" through the fields on the registration page, he accidentally hit the space bar key and thereby "checked" the terms and conditions box--plaintiff would have seen the check mark appear in the box and then still would have had to hit the "return" key (or clicked the "complete registration" box with the mouse) to complete the registration and advance to the next screen. Plaintiff would have had an opportunity to see that he checked the box inadvertently before he then hit the return key on the "complete registration" box. Thus, to accept plaintiff's theory, the Court would have to find that plaintiff hit two keys accidentally-the space bar and the return key-and that he was then involuntarily and unexpectedly sent to the next screen where he nonetheless proceeded to enter his credit card information and complete the purchase of the report. This alleged chain of events is simply not credible.

Therefore, Scherillo's click on the "Complete Registration" box manifested Scherillo's assent to the terms, even if Scherillo chose not to review them. The court says that the fact that the terms were in a scrollbox is immaterial, and the fact that some sites require the user to scroll through the scrollbox before proceeding doesn't affect the effectiveness of D&B's implementation.

I believe this court would have upheld the formation process even without the bonus checkbox, but you can see how the checkbox defused the withering assault of a cyberwarfare expert. Thus, you might consider implementing the bonus checkbox to discourage similar silly attacks against your contract formation process in the future.

[The "Wolf vs Sheep" print. One of my favorites...]

I'm working on a new series of cartoons; earlier today I made a list of the desired adjectives to describe it:

Smart. Bright. Explosive. Witty. Acerbic. Colorful. Aspirational. Inspirational. Spiritual. Entrepreneurial. Fun.

i.e. Not too unlike the Wolf vs Sheep print. Or We Need To Talk.

I think spending all this time in the sunny West Texas desert has had an effect on me. I'm not sure all this dark, Northern doom & gloom I spent articulating rather well in my early London and New York days, is as interesting to me as it once was. Things change.

Expect to see a new direction happening over the next few months. I can already feel it growing inside me.

No going back

[N.B. As of January, 2010, I am no longer publishing new cartoons on gapingvoid. From now on, "Hugh's Daily Frickin' Cartoon" is the place to see them, Thanks!]

With its reinforced skull and a chiseled bill the woodpecker is a true New Yorker. Join us as we go in search of these fascinating creatures.

Start time: 2:00 pm

End time:

Contact phone: (718) 967-3542

Location: Wolfe's Pond Park (Comfort Station west of Cornelia Avenue)

Last week I ran into Brad Murphy, the Chief Revenue Officer (CRO) / Vice President of Sales for Revision3, the television network for the Internet generation at a Placement Scout product placement event at Tesla Motors in Santa Monica. Well, OK I didn't really run into Brad, I told him and a few other web video producers about the event because I thought it would be a good chance for us to get our shows in front of brands that might benefit from the special engaged audiences that web videos have.

Brad told me that he was glad to come and interact with brands and that it was an opportunity for him ( and for me for that matter) to get a one on one conversation going as to how we could get some of the brands that attended the event to integrate their products and services into web series.

Now it's hard for realyl big brands to get their heads around the value of web video series right now but several mid-size companies are starting to see how they can benefit from getting their product or service in front of their targeted demographic while making it part of the conversation.

In my video interview with Brad he talks about how the Revision3 audience is made up of what he calls, Digital Natives people who don't watch regular television, are looking for content on-demand whether it's text based content, video content or communicating through social media to find that content. It's an audience that hyper-connected.

Brad also goes on to talk about the live events that Revision3 does with their shows. (Something I'm hoping to do more of with my shows.)

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Continue reading Nokia N900 gets new firmware, new games coming too (video)

Nokia N900 gets new firmware, new games coming too (video) originally appeared on Engadget on Tue, 16 Feb 2010 07:59:00 EST. Please see our terms for use of feeds.

While the saga between TechCrunch and Fusion Garage continues, the latter company is moving forward with the launch of the controversial web tablet, now called JooJoo. While it's not the magical tablet that inspired this blog (In African, the word joujou' means magical device.') Fusion Garage thinks they've got a winner on their hands.

For the same $499 that Apple intends to charge for an entry-level iPad with 140,000 available apps, Fusion Garage will provide you with a browser-based tablet without any capability to run and install local applications. It also lacks a 3G wireless option of any kind, relying solely on WiFi.

But what does the JooJoo have that iPad doesn't?

For starters, a 12.1 inch LCD touch screen in a widescreen aspect ration that we're more accustomed to seeing these days. And you can use all of that screen to render full HD quality video but only from your favorite video sites since the device has only 4 GB of SSD storage not nearly enough to store HD content of any real duration. It has the front-facing camera for videoconferencing that so many people feel is lacking in iPad as well as a USB port, though what one might do with that port is still unknown. As for the software, it's a Linux variant running a Webkit browser that will support both Adobe Flash 10.1 and Java.

So, do they have a winning device?

They may have had one before the iPad announcement, but not now not at that price point and limited functionality, anyway.

You can pre-order the JooJoo now which is expected to ship in 8 to 10 weeks though the site has indicated that time horizon for some time. If you're considering a JooJoo you may want to contact them for an update on a ship date, though the latest word from company executives is late Februrary.

Will you JooJoo?

[JooJoo]

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• Fusion Garage says JooJoo tablet is on track for Feb. launch (seattlepi.com)
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Will You JooJoo? is a post from: The Magical Tablet

Did you really think book publishing would go the way of the music industry and publish eBooks without DRM? Amazon already wraps their eBooks in DRM for the Kindle and now, Apple will do the same for publishers in its iBookstore.

According to the Los Angeles Times, sources in the book publishing industry have indicated that Apple's FairPlay DRM the same DRM used for its apps and its audio and video content will be made available to any book publisher who'd like to use it.

While there hasn't been an official announcement on its use, it's unlikely that many publishers will decline to use it except for maybe O'Reilly who is outspokenly against DRM.

Has DRM stopped you from buying eBooks?

Disclosure of Material Connection: http://dsclzr.us/0

[Los Angeles Times]

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Apple iBooks To Be Wrapped in FairPlay DRM is a post from: The Magical Tablet

In other words, Ford is presenting New Yorkers with a choice of voting against him as a tax cheat or as the guy with the worst press operation in human history.

It's all about empowering the voters.

With each new milestone in technological evolution we've seen a company emerge as the clear leader. In the current landscape, we observe this happening in several key parts of the marketplace including networking, search and operating systems.

Cloud computing is a new disruptive force that makes us ask the question whether we'll see the future of the cloud dominated by a single company. In this multi-part series, we'll take a look at a handful companies and envision what the world might look like, if, in fact, they win it all. We'll also analyze what it will take for a new company to rise up and claim the leadership role in this chapter of computing.

Sponsor

Dominance Happens: A Bit of Recent History

There has been a love/hate relationship with companies that dominate markets. On one hand, it's us consumers that make it happen. But when they become giants we cheer as governement regulators and competitors knock them down.

Microsoft has faced this issue perhaps more than any company in the past few decades. When the browser battles were in full swing in the late 1990s, Microsoft was taken to court by the Department of Justice for antitrust violations.

In this note released in 2000 - Technology, Market Changes, and Antitrust Enforcement -Microsoft evaluated the idea of whether it was consistent with public welfare for a company to "win" a technology market, and what it means to have a network effect in technology.

Microsoft makes the point that no technology company will hold a dominant position for long if it doesn't innovate and expand the market definition. Additionally, if a company doesn't find the right balance of trust and pricing between its customers new technologies will find a way into the market and cause customers to defect.

Point: A Dominant Vendor Will Emerge in the Cloud

Taking these factors into consideration, we believe there are several points that can support the argument that a dominant player in cloud computing in the future. Due to the nature of market forces a single vendor will emerge as the clear leader in offering cloud solutions.

• First mover advantage: We're already seeing amazing things happen at first-movers like Amazon that are defining product and pricing. This gives them an advantage in fueling further growth and by learning and iterating the solutions in the market. Being first in an infrastructure-driven business will help them reach scale that others just can not reach easily - and potentially price it where others can't match.
• Vendor lock: Once you get started with an infrastructure provider it becomes interwoven into business operations. By the current nature of the cloud (e.g. little standards, a lot of innovation) being first with leading solutions adds more momentum to the first-mover that wins strategic customers.
• Strategic synergies: When we look at the combination of cloud computing and collaboration, we see a natural fit in services that meet more needs and take more market share. It may just work out that bundling works also in the cloud and creates the network effect that Microsoft is famous for. Cisco is also partnering across the landscape, with a focus on preparing the network for the cloud. By making it easier to manage your cloud with Cisco gear, it will provide IT leaders a reason to expand their relationships today, and stay tomorrow.
• Acquisitions and Partnerships: Companies that buy their way into the market will be a big factor in putting momentum behind their offerings. Companies to watch: VMware, Cisco, Oracle. These companies are already showing that the race is on to win the cloud through aggregation of capabilities. Cisco has a blog dedicated to Cloud Computing, Oracle is going on tour sharing its ambitions for the cloud

Counterpoint: A Dominant Company Will Not Emerge in the Cloud

Perhaps no single organization will have the ability to create a dominant foundation in cloud computing. Instead, we'll see many types of solutions as equal peers in the market.

In a way, this runs against the grain of existing technology landscape and our history with successful innovations. Maybe that is why we love the idea of the cloud itself?

• It's too big to own: One big reason to doubt a single dominant force in the cloud is that it feels like owning the Internet. Even Cisco with its strengths can't make such a claim. Perhaps the cloud is the perfect market, where the barriers of entry are low enough that continual evolution will occur.
• It's a movement, not a layer: Another argument against the cloud having a dominant player is its fuzzy definition. There are many parts and pieces to it, and it's not clear today what it would mean to "win" the cloud computing market.
• Portability will keep vendors in check: If customers demand solutions where they can move from vendor to vendor freely, it will impact the landscape. Companies with cloud solutions in the marketplace could be required by these customers to remove barriers to moving data and services between different entities. Additionally, standards and best practices may emerge that allow companies and individuals to move freely between providers. In this world, it will become a fluid market that prevents vendor lock and promotes pricing and trust as brand differentiators.

A Glimpse at Potential Futures

We've compiled a list of companies worth reviewing as candidates as possible dominant players in cloud computing. We'll be looking at their brand and the available assets that could be leveraged to achieve this position. Finally, we'll take a fresh look at what it might feel like if they succeed and shape the brave new world of cloud computing.

The list of candidates we're analyzing includes: Google, Microsoft, Apple, VMware, IBM, HP, Cisco, Amazon, Salesforce, Facebook, and our favorite, Insert new startup to our list by adding a comment below.

Please let us know what you hopes and fears are with the cloud computing marketplace. Any companies we should we add to our list (or remove)? What's your take: Is there one company today that is best positioned to win the cloud?

Photo credit: reddodo & savingfutures

Here's the official synopsis for Matthew Gordon Long's new film:

On a sun-dappled summer day a science expedition propels two children towards an enigmatic encounter at the edge of the their known world. Arriving on an isolated beach, they discover the wreck of a robotic squid submarine. The secret it holds within changes their lives forever.

Set in the nineteenth century, the film follows the two children as they pilot the squid sub all over Canada's West Coast, which is slowly turning into a hotbed for science-fictional weirdness. We love the look of the squid, the kid's "explorer" attire and the overall steampunk-lite feel.

Visit the The Anachornism website for more information, and we'll keep riding this mechanical squid for future details.

• Windows Phone 7: First Videos
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• Apple to wrap digital books in FairPlay copy protection [Clarified]
  Remember FairPlay, the DRM scheme Apple mostly dropped after years of locking users into a crappy DRM scheme? Well it's staging a comeback in e-books. [LA Times]
• Malware Peddlers Look to Exploit Olympic Luge Tragedy
  Same old trick. Find what users are searching for, then fake 'em out! [Mashable]
• My 2009 Annual Report
  Math teacher Dan Meyer puts a year's worth of personal metrics into the incredible video below. [dy/dan]
• 
  
• The Smarter You Are, The Less You Click
  But then you probably already knew that, didn't you smartypants. [RWW]
• Sciencefeed
  It's like Friendfeed for Science! [via TechCrunch]
• Wi-Fi Turns Rowdy Bus Into Rolling Study Hall
  Internet on a school bus means students stop all that noisy horseplay! [NYT]
• Adobe AIR for Smartphones Wants to Be One Platform to Rule Them All
  Adobe's cross-platform desktop runtime AIR is on its way to mobile devices, starting with Android. [Gizmodo]
• Apple drops the ban hammer on iPhone hackers
  If you develop for the iPhone and App Store proper, Apple's not going to reward your spare-time hacking. [Boy Genius Report]

About twice a week I think, "Why don't I try this crazy idea and see if it works?" about some element of my career. With no label, no manager, and no inner voice of reason slow me down, I get to experiment all I want. 90% of my crazy ideas have to do with social networking -- which I spend half a lifetime doing, despite the crap I take from my family and Real Life friends. (Hey, some of us actually do bond over web comics, starship replicas, the fail whale, and photos of stuff on cats.) Mostly my nutty ideas work just a little bit. Some are epic failures. But my experimental flopping and floundering inches me closer to the day when I'll be totally financially independent as a full-time musician. Plus it's more fun than having a real job.

But every now and then a crazy idea works really really really good. Bam!

I planned to sell 20-40 of my little bootleg CD's. Silly me. I sold well over 200. My little stack of jewel cases looked so pathetic.

WholeWheatRadio.org broke every record for online listenership, CD sales, tips -- everything. The more listeners tuned in, the more tuned in, and the more money they gave, the more money they gave. The crowd online was thrilled to be breaking WWR records. I drove away from Talkeetna having earned about $4,000 in one night, with a new CD to produce in just a couple of days and an avalanche of e-mail and publicity requests to deal with. Seldom have I been so happy and so panicked.

SFWeekly Web Editor Alexia Tsotsis (not pictured left) spent some time early this morning trying out Chatroulette, a website that connects random strangers for a video chat. The results are unlikely to surprise you. Unless you are new to this whole Internet thing. Screen shots of some of her more entertaining chats are below the post.

Harkening back to the days of A/S/L, the random vidchat service Chatroulette is one of those online arenas where not being a white male looking to get off puts you in a definite minority. Founded by a 17 year-old Russian high school student named Andrew Ternovskiy, the service is a more successful Omegle, combining elements of the MTV show Next with vidchat capabilities.

Aspiring chatees click to play and as an escape latch you or your partner can hit Next anytime if you get bored, scared, or have to get back to work. The Report video as inappropriate button also seems to provide some comfort, but by judging by the nsfw fare served to me last night, doesn't provide much of a threat.

I pressed play last night at around 3:00 am PST and after about 45 clicks on Next encountered 5 straight up penis shots, a lot of camera disabled chats, two women who automatically clicked Next once they figured out that I too was a female, and a lot of very grateful looking guys, including a Chinese fan of Google and a French guy in indoor sunglasses, who asked me whether I was a more dominate lady or submissive woman in the hope that I would be the former.

Out of the 10,920 of my fellow Chatroulette participants, my Roulettees were a good cross section of Internet humanity. And while I did not encounter the suicide hanging videos alluded to in many of the chats, things like did you hear the one about the guy who shot himself in the bath tub, were brought up in conversation quite a few times, as examples of just how crazy Chatroulette can get.

Anywhere you get a mass of people communicating uncensored (and yes much like 4chan.org, China has not yet blocked Chatroulette) will be subject to typical groupthink behavior like urban myths and requests for interaction better left to the casual encounters section of Craigslist. Nonetheless, the service's potential for more substantial acts of communication is formidable.

Chatroulette is what you'd expect it to be, micro-interactive reality TV with a large heaping of cybersex. While most people are (whether they admit it or not) voyeurs the fact that Chatroulette lets the both participants see each other limits the site's potential user base to the weirdos and despite piquing VC Fred Wilson's interest it doesn't seem like there's currently enough weirdos to turn the humble startup into something mainstream.

One Roulettee, when asked what he thought the service was most useful for, responded, connecting with people around the world. Yeah, and asking them to show you their boobs.

In accordance with Southwest's "customers of size" policy, Smith had purchased two tickets but then stood by for an earlier flight, which had one seat remaining. That is when the airline forced him off the plane.

But more common metals used in the tech industry could fare better, even if their prices rise due to worldwide demand. For example, lithium-ion batteries for hybrid cars and smart phones won't run out anytime soon because there is an overabundance of lithium, Jack Lifton, an independent consultant for U.S. rare earths, told the Gold Report during a December interview.

Other important elements tracked by the U.S. Geological Survey (USGS):

Iron and steel make up about 95 percent of all the metal produced in the United States and worldwide, and find uses in thousands of products. These are the least expensive of the world's metals.

Aluminum is the second most abundant metallic element in the Earth's crust, just behind silicon. Its light weight, durability, corrosion resistance and malleability make it the most widely used metal after iron.

Copper has one of the oldest lineages of any metal, and has served as the foundation for many ancient civilizations. It still represents the third most-used industrial metal because of its thermal and electrical conductivity characteristics that make it highly useful in power transmission, telecommunication, and many electronic products.

Gold is still coveted for its monetary value and for jewelry, but it is also an excellent electrical conductor. As an industrial metal, its applications include computers, communications equipment, spacecraft and jet aircraft engines.

Silver has been used for thousands of years to make ornaments, utensils, and coins. Of all the metals, pure silver has the highest reflectivity, and the highest thermal and electrical conductivity. As a result, silver has many industrial applications including mirrors, electrical and electronic products, and photography.

Niobium and Tantalum find uses in a variety of high-tech applications. Niobium (also known as columbium) shows up in jet engine components and rocket subassemblies, while tantalum is used to make parts for cell phones, pagers, personal computers and automotive electronics. The U.S. currently imports both resources from countries such as Brazil, Canada and Australia.

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Facebook users in the American West appear to move around a lot, and often have friends throughout the country, while users from Minnesota to Manhattan have connections much closer to home.

And in areas in and around Texas, on the edge of what's generally thought of as the Bible Belt, the Dallas Cowboys rank higher overall on users' fan pages than God.

These are just some of the interesting findings about Facebook users recently discovered by Pete Warden, a Colorado-based, British-born ex-Apple engineer who has spent the last six months gathering and analyzing data from more than 215 million public Facebook profile pages.

What he's discovered just might shed more light on the culture of connected America than the 2010 census.

"If you actually look at [Facebook user data] in the aggregate, it's like a painting," Warden told TechNewsDaily. "Each individual data point isn't interesting, but when you step back and look at the trends in millions of profiles, you start to see some pretty interesting pictures emerging."

Warden says he's been overwhelmed by the response he's gotten from this project, after working on similar projects in obscurity for years.

Among Warden's less surprising findings: Fox News host Glen Beck gets the number one spot on Facebook fan pages from users in Eastern Idaho. And the "Twilight" books, penned by Mormon author Stephenie Meyer, rank high in the heavily Mormon communities in and around Utah.

Facebook mining

These and other observations that Warden mined from the massive amount of Facebook data were posted on his blog last week, along with maps that break down the U.S. into seven regions based on Facebook user trends.

Now, after gathering the data from Facebook's site using software he designed and honed in the process, and making a first round of enticing observations, he wants to turn the raw data he's culled over to academia for further analysis. But he also hopes to steer investors and customers to his own software and services for further data gathering and aggregation.

"I'm much better at building the pipeline for processing the data than I am at doing really rigorous stuff with the results that come out at the end," Warden said in a telephone interview. "The patterns that I've blogged about in the U.S. data are very qualitative."

Indeed, much of the conclusions that Warden has drawn are open to interpretation, and his given names for America's regional social connection groups "Stayathomia" (the Northeast), "Socalistan" (Souther California), and "Mormonia" (the predominantly Mormon towns in Utah and Eastern Idaho) among them are playfully clever, but not very scientific.

Serious about privacy

But Warden is serious when it comes to people's privacy concerns, even though all the data being gathered is publicly available on Facebook's site, and can be found via Google. He says he wants to make the data useful for large-scale data analysis, but not for tracking down individuals.

"We want to make sure we don't help scammers, we don't help spammers, and we respect people's privacy," Warden said, "but also allow some sort of new insight to come out of this."

To that end, Warden has delayed releasing the data for the time being (he initially intended to release it yesterday, Feb. 9), after someone from Facebook contacted him, asking for some time to check the privacy implications.

Once Facebook clears the data for release to the academic world, Warden says he's ready to pass the task of interpreting all this data on to others and feature their conclusions on his blog more often than his own.

Meanwhile, Warden has some problems to patch in his data pipe, problems that have been helpfully pointed out by readers of his blog.

"One of the great things about getting this out there is having thousands of pairs of eyes to look over this stuff, like the fact that [the data shows] the top name in Alexandria, Louisiana is Mohamed," Warden said.

"When somebody pointed out that some of the profiles seemed to be coming from Alexandria, Egypt, that was a head-slapping moment."

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We Americans like to think of ourselves as trendsetters for the rest of the globe, but when it comes to cell phones, we're still playing catch-up with countries such as Japan and Korea.

In general, Asians use their cell phones in more robust ways than the typical U.S. resident as TVs, wallets, GPS devices, and music players. Japanese cell phones can double as a house key, a credit card, and an ID. Users can even use their cell phones to send their vital signs straight to their doctors.

In recent years, U.S. companies have made baby steps toward incorporating more advanced cell phone features, particularly in the areas of mobile banking and video broadcast. Meantime, the Asian cell phone market continues to be a good predictor of features that could soon be included in American cell phones. For example, Japan had cameraenabled cell phones two years before Americans ever went gaga for them.

Curtis Schenck, a manager of corporate relations at NTT DoCoMo USA, gave TechNewsDaily the scoop on the hottest features in the Japanese market right now. Try not to be too jealous.

1. Personal Butler

Customers don't have to Google for information, since i-Concierge acts as their butlers or personal assistants and caters to their every need. Users can input their food preferences, neighborhoods they like, and entertainments that they enjoy. When new information is downloaded into the system, they get push notifications that are based on their preferences. For example, if they like Thai food and a new Thai restaurant that is opening nearby, their cell phones will notify them.

2. Investigative Visits

This takes the Verizon commercials to a whole new level. If a users' five-bar reception signal drops to three bars or if they have a dropped call, they can call customer service and a team will be sent out to investigate the problem.

3. Barcode Reader

Japanese phones can read QR marks, which are sophisticated barcodes for businesses. If an Asian cell phone user is walking down a Tokyo street and walks past a restaurant that isn't open, they can point their camera to the QR mark and their phone's browser will automatically be routed to the restaurant's Web site.

4. Free TV on the Phone

Subscribers can surf 13 free TV channels on their phones. DoCoMo has also launched their own channel called BTV to air programs that are filmed specifically for the mobile phone.

5. Phones as Payment Systems

Osaifu Keitai, also known as the mobile phone wallet, lets users load up credit card information onto their phones. If stores have a reader, users can swipe their phones over it to pay for their purchases. Cell phones can also be used to pay for subway and train tickets.

6. Send Money to Other Subscribers

Some Asian countries allow users to send money using their cell phones. Users simply input another person's phone number and the amount they owe them and like magic, the money is transferred.

7. Internal Wi-Fi Spot

Japanese cell phone users can download a movie onto their mobile phones and show it on their TVs. This is another way to get entertainment on demand. A femtocell base transceiver station (BTS) in the home hooks up mobile phones to the DoCoMo network through a broadband line such as an optical fiber. The femtocell BTS lets a person with a cell phone download videos and music files. Through femtocell BTS, a person can set up a private wireless network for their home appliances, entertainment systems, and other devices.

8. Home Security Service

Japanese cell phone users can lock their doors and manage their home security systems remotely using their mobile devices. They can also adjust appliances and set environmental controls, so their lights and heat can be switched on before they get home.

9. Environmental Awareness

DoCoMo has deployed environmental sensors throughout Japan and people are now able to monitor air quality, temperature, and UV rays around them using their cell phones.

10. Reads Vital Signs

In the same way that we might plug headphones into our iPhones, Japanese cell phone users can plug in equipment such as a blood pressure monitor to their phones and send vital signs directly to their doctors. This helps save some people a trip to the doctor.

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In a post on the declining revenues of the record business, progressive blogger Matt Yglesias wrote last week, "It is, of course, possible that at some point the digital music situation will start imperiling the ability of consumers to enjoy music. The purpose of intellectual property law is to prevent that from happening, and if it does come to pass we'll need to think seriously about rejiggering things."

Is that the purpose of copyright law? Sonny Bunch at America's Future Foundation didn't think so, but his debate with Yglesias turned out to be much more than one of the numerous daily spats that make up life in the blogosphere. Instead, it went to very nature of a crucial institution like copyrightand it asks whether that institution exists to help the creators or society at large.

It's worth thinking about the answers.

Now picture our perspective leaving our own experiences, zooming out and up until we can see how all the different groups are interacting on a worldwide social network. That bird's-eye view could be both beautiful and horrible if the resolution was clear enough. That's what a Ramen-eating, ex-Apple engineer named Pete Warden is about to release to the public this week.

Sponsor

This Wednesday, Warden will make Friend, Fan page and name data from hundreds of millions of Facebook users available to the academic research community. It's a move that Facebook has to have seen coming, a move that many in the data-centric community have been calling on the company itself to do for years, and an event that's been complicated by Facebook's recent privacy policy changes, which have muddied the waters of right and wrong but rendered even more data available for outside analysis.

If what people call Web 2.0 was all about creating new technologies that made it easy for everyday people to publish their thoughts, social connections and activities, then the next stage of innovation online may be services like recommendations, self and group awareness, and other features made possible by software developers building on top of the huge mass of data that Web 2.0 made public. It's a very exciting future, and Warden is about to fire one of the earliest big shots in that direction.

Nerds in Space: Social Graph Analysis For Solving Large-Group Problems

Warden studied Computer Vision in college in the U.K., then got into game development. After moving to L.A., he spent six years building graphics drivers for the original Playstation and the XBox. Then he started his own independent business, where, thankfully, he open-sourced much of his work (something he's still doing today).

When he found out that starting his own business wasn't going to work with his immigration status, he was very fortunate to have also caught Apple's eye with the software he had been releasing to the public. Apple bought his company in order to bring him on board. The proceeds of that small sale are now sustaining his next project after going independent again.

After spending five years at Apple struggling to navigate the maze of people and connections and types of expertise in order to get the information he needed, Warden decided to go independent and build a company that solved exactly that kind of problem. "I can't think of a better big company to work for, but it was still a big company," he says. "It was hard to find the right people to talk to, whether for particular expertise or for contacts at external companies." And so Warden left Apple to build a company that would use social graph analysis to solve problems like that. He called the company Mailana, a play on "mail analysis" since he was initially focused on email social graph analysis.

We've written here a number of times about Mailana's tool that analyzes the social graph of any Twitter user. Enter the username of someone on Twitter and Mailana will show you which 20 other people the user has exchanged the largest number of reciprocal public @ replies with. Find someone interesting or important? Mailana's Twitter analyzer will tell you who they most regularly interact with. See, for example, The Inner Circles of 10 Geek Rockstars on Twitter.

Pulling Down the Facebook Social Graph

Now Warden is about to unveil a much larger project along the same vein. For the past six months he's been crawling public profile pages on Facebook. He now has more than 215 million of them indexed and updated about once a month. When he began he was using the Web crawling service 80legs, but over time he had to build his own crawling infrastructure.

When I talked to him this afternoon, he had already begun uploading 100 GB of user data onto his server to make it available for academic research starting on Wednesday. Warden says he's removed identifying profile URLs but kept names, locations, Fan page lists and partial Friends lists. All those fields of data are just waiting to be analyzed and cross referenced. That's one very rich resource.

Yesterday Warden posted some of his own initial observations from the data on his personal blog. Those included:

• In almost every state in the Southern U.S., God is number one most popular Fan page among Facebook users. Among people in the L.A., San Francisco and Nevada regions? "God hardly makes an appearance on the fan pages, but sports aren't that popular either," Warden writes. "Michael Jackson is a particular favorite, and San Francisco puts Barack Obama in the top spot." In the Oregon and Idaho region? Starbucks is number one.
• In the Mormon-influenced areas of Utah and Eastern Idaho, the most popular Fan pages are The Book of Mormon, Glen Beck and the vampire book Twilight, which was authored by a Mormon.
• The bulk of Warden's posted analysis yesterday was about location networks. People in the western U.S. tend to have Facebook friends all over the country; people in the southern U.S. tend to mostly be friends with people who have remained in the same area.

Taking a Deeper Look

These observations are interesting, but they are only the beginning of what's possible. Name, location, friends and interests are great data points to analyze. Warden has written a program that will estimate gender as well, based on names. All these data points can be cross-referenced with outside data, too. Members of Facebook's own staff did this kind of analysis when they compared user last names to U.S. Census data, which allowed them to estimate changes in Facebook's racial composition over time based on the likelihood of people with particular last names to report a particular racial backgrounds.

"I'm mostly thinking 'What do I try first?'," Warden says. "There's so many interesting ways to slice the data - especially as I'm starting to get changes over time. I'm also trying to map out political networks in aggregate; how polarized the fans of particular politicians are - so how likely a Sarah Palin fan is to have any friends who are fans of Obama, and how that varies with location too. One of my favorite results is that Texans are more likely to be fans of the Dallas Cowboys than God."

Warden says he hasn't talked to anyone from Facebook since he started crawling the site, but he did get an email from someone on the security team asking him to take down instructions he'd posted that exposed a security hole that made harvesting peoples' email addresses easy. So the company is paying attention. "I'd love to see them put me out of business by putting decent data out there," Warden says. He says his Amazon Web Services bill was over $5,000 last month.

Why is he indexing all this content and why is he going to hand it over to the academic world later this week? "I am fascinated by how we can build tools to understand our world and connect people based on all the data we're just littering the Internet with," Warden says.

"Nobody thinks about how much valuable information they're generating just by friending people and fanning pages. It's like we're constantly voting in a hundred different ways every day. And I'm a starry-eyed believer that we'll be able to change the world for the better using that neglected information. It's like an x-ray for the whole country - we can see all sorts of hidden details of who we're friends with, where we live, what we like."

For a great example of the kind of social impact that data analysis can make, Warden points to some of the fascinating ways that GIS data is illuminating the intersection of race and public services. Data has shed light on social injustices for decades, and measurable information about the interactions of hundreds of millions of people every day on Facebook offers opportunities to discover both good and bad news about the contemporary human condition.

Warden says he's not yet been able to interest any investors in his ideas for businesses based on this data, so his girlfriend Liz Baumann, a former insurance actuary, stepped in to help and is now running much of the crawling. He says he's now focused on "working on ways of presenting all this information in a form that answers questions for people willing to pay." His first experiment along those lines is the very interesting FanPageAnalytics.com.

What does Pete Warden hope for from this week's public release of all this Facebook data? "Hopefully I'll get to see a bunch of interesting [academic research] papers come out of it, worst case. And I'd like to be the guy people turn to when they need stuff like this."

Already well-respected among a fringe group of bleeding-edge geeks, we hope that Warden's work on social graph analysis will end up impacting a far larger number of people than may ever know his name.