• 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.

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.

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.

Talk to Me. Avoid language barriers by using a real-time speech-to-speech translator.

Price: Free

AndroidTapp.com Android App Review:

Pros & Cons:

Pros

• Translate language speech to text and text to speech phrases with many different language options
• Email and SMS text message the translations
• Great for traveling
• More language options in text to speech mode

Cons

• Voice translation only works from English to other languages and not in reverse, however you can toggle text to speech mode to write for example Spanish to Italian
• Not 100% accurate but what automated translation service is?!?

Features:

Talk to Me Android App is a speech language translation app for many languages, which also supports text to speech. Send your translations to friends via SMS text message or email the audio file. The speech detection experience has been much better than Google's voice to text experience.

Voice Languages Supported (there are many more language options in text to speech mode):

• Spanish
• French
• German
• Italian
• English (United Kingdom)
• English (United States)

Usefulness:

Talk to Me Android App is very useful to those trying to learn another language or travel.

Ease of Use:

Simply tap the big green button and speak a short phrase into the phone, a few seconds later it will translate in the language and dialect of the translation language chosen.

Frequently Used:

User dependent, maybe sparingly or casual use.

Interface:

Nothing fancy but very intuitive.

Apple Stacks The Deck Against Amazon's Kindle App

Jay Yarow | Feb. 26, 2010, 11:00 AM | 5,634 | 34

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Tags: Gadgets, Amazon, Kindle, Apple, iPad, eBooks, Big Tech, Media

AAPL Feb 26 2010, 05:20 PM EST

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AMZN Feb 26 2010, 05:20 PM EST

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When Apple's iPad goes on sale in a few weeks, its iBookstore will have a distinct user-experience advantage over e-book competitors like Amazon's Kindle App.

That is, the iBookstore will let you seamlessly buy books from within the iBooks reader app, with the iTunes account it's already aware of.

Meanwhile, rivals like the Kindle app and Barnes & Noble e-reader will require you to boot up their apps, then click a button to boot up the iPad's Web browser, shop for e-books in a Web store, sign in and pay with a non-iTunes account, relaunch the e-reader app, and sync up your new e-book. Not as elegant.

It's not a huge difference, but it's the kind of small simplicity advantage that has helped Apple's iTunes music store maintain a lead over its rivals, including Amazon.

People who use the Kindle app on their iPhones today will know that this isn't a new thing: Since the Kindle iPhone app launched last March, users have had to leave the app to buy e-books.

Amazon didn't built the app this way from the beginning. We have learned that when Amazon first submitted its Kindle application for the iPhone to Apple, Amazon included its own payment system within the app, so customers could just pay for e-books and download them right in the app.

When Apple spotted the payment system, it told Amazon to get rid of it, according to a source familiar with Amazon's operations.

Why? It's a rule Apple smartly instituted at the App Store's beginning, forbidding third-party e-commerce of digital goods within apps.

That is, it's okay to use an iPhone app to buy physical goods -- as you can in Amazon's main iPhone app, or the Fandango app, etc. And developers are welcome to use Apple's in-app purchasing system -- and give a 30% cut of revenue to Apple -- to sell digital goods within apps.

But Amazon, Barnes & Noble, and other vendors are prohibited from using their own e-commerce systems within apps for virtual goods. Thus the trip to the Safari browser to buy books.

It's obviously a rule Apple itself is allowed to break -- it's Apple's iPhone, and it can do whatever it wants, as we've seen recently with Apple's recent raids on thousands of sexy apps. But it does put competitors like Amazon on uneven footing.

Obviously, Amazon is never going to want to give Apple a 30% cut of e-book sales, so it's not going to implement Apple's in-app purchasing system. So it's indefinitely stuck sending its customers into the browser to make purchases. (Meanwhile, on the new BlackBerry Kindle app, you can buy e-books directly within the app.)

Assuming the iBooks app and the iBookstore have similar selection, pricing, and e-reader features, this one simple step could give Apple a substantial advantage over Amazon.

See Also: 10 Burning Questions About Apple's iPad

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

Post by Tim Trefren (Co-founder of Mixpanel, Inc.) guest posted at http://mashable.com/2010/02/02/social-analytics/

When most people think of web analytics, they think about pageview tracking; basically, measuring which pages on a website are being viewed. Pageview tracking is a well-established technology, but it's no longer meeting the needs of many of the most well-known companies in social media. Companies like Facebook, Zynga, Slide, and RockYou are spending tons of resources building their own internal analytics tools.

There's a reason for this: Social media is highly competitive, and the biggest advantage you can have is data. To improve and grow, these companies need to gather as much information as they can, and they need more than simple pageview tracking.

In the following sections I will cover three of the most important things to measure for social applications.

1. Funnel Analysis: Measuring Conversion Rates

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One critical kind of analysis that social apps require is called Funnel Analysis. This is a way of measuring conversion rates, which is the lifeblood of all applications. The term conversion rate refers to the total number of visitors who came to a site, compared to the number of visitors who did a desired action (such as creating an account or purchasing an item).

What Funnel Analysis gives you is a more granular way of analyzing conversion rates. Instead of simply looking at signups divided by total visitors, you figure out the steps that have to be taken to get a user to sign up and measure the individual conversion rates between steps. As you can see from the image above, there's often a pretty steep dropoff between each step, giving you the namesake funnel shape. (Note: the image uses made up stats and is for illustration purposes only.)

This more granular look at conversion rates can have surprising results. Let's take a look at Twitter'ssignup funnel:

1. Hit homepage
2. Go to signup page, fill out registration form
3. Browse suggested topics
4. Add e-mail friends
5. Search for someone

As you can see, the signup process is pretty complicated, and will benefit from detailed analysis. We might find, for example, that there's a huge dropoff rate (a dropoff occurs when many of the people who made it to one step don't make it to the next) at the Add e-mail friends step. Once we've discovered a dropoff rate like this, we have to figure out the root cause. The dropoff rate at the Add e-mail friends step could mean that users are unsure how to continue, causing them to leave, or they might not want to add their e-mail information. We would have to test to make sure.

Ultimately, Funnel Analysis is about finding and improving trouble spots in a website. With continual analysis, changes can be measured and ideas can be tested over time.

2. Engagement Tracking: Measuring What People Do

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As I mentioned earlier, pageview tracking is becoming less and less relevant for many web companies. Instead of the basic unit of measurement being the pageview, they are starting to track more directly relevant things, like the actions people are taking. Twitter, for example, may want to know how many tweets the average person sends and what they are searching for, not how many pages they viewed. Pageviews are just a way of approximating the information we really want, and as the web grows more interactive, they become less and less relevant.

Think about this: Sites exist today on which you never actually change the page. These are highly interactive sites, but they are impossible to track with pageviews, so traditional analytics tools are useless.

This will only become more common as time goes on and more companies develop highly interactive applications and adopt AJAX loading techniques.

3. Visitor Retention: How Many People Come Back?

---

This next technique measures a fairly complex but extremely valuable metric for successful web applications.

You can think of Visitor Retention as a measure of how sticky your site is. What we're really measuring is the percentage of people who come back again and again. The most common way of approaching this is to look at a group of users from a single time period (a week, for example) and track their behavior over time.

Here's an example of a retention table that should help clarify things:

Each row shows the weekly retention rates for a single group of users (sometimes known as a cohort). The first row, for example, is the cohort seen between December 7 and December 13, 2009. We can see that 15.15% of the users in that group came back after 1 week, 13.4% after 2 weeks, and so on.

This is crucial information, particularly for social applications, because most of the value lies in the size of the community. An application with low retention is like an empty shell many installs but few active users and you don't want to build an empty shell. You want a thriving, vibrant community.

Retention is a huge factor in building a strong community for a few reasons: You don't have much of a community if everyone is a newcomer (so more old users is a good thing), and the nature of retention is such that you get disproportionate returns on any increases you make. Without going into too much detail, an example would be that increasing retention by 33% might give you 50% more users in the long run.

Twitter is again a good example for us, as the network has been plagued by low retention rates. Twitter may seem successful now, but their low retention rate is troubling. In the past, companies that seemed to be extremely successful (think early Facebook apps) ultimately lost their edge because they couldn't retain their users.

It's entirely possible that Twitter itself could be a fad. With such low retention, I wouldn't necessarily be surprised but it is still too early to tell.

Conclusion

---

There's a lot to learn about analytics from the frontrunners in social media. The intense competition has resulted in many new and innovative ways to track and analyze visitor data.

We covered three such concepts in detail today: Funnel analysis, which lets you track conversion rates across whole parts of your site, engagement tracking, which is becoming more relevant than pageviews, and visitor retention analysis, which helps you understand and optimize the number of repeat visitors you get.

Permalink | Leave a comment

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.

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.)

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.

I stopped by the 4iThumbs booth to check out their product that would purportedly increase my (admittedly dismal) typing speed on the iPhone/iPod touch. It consists of a plastic overlay that puts small ridges between the letters of the standard iPhone keyboard, available in both portrait and landscape formats. The product comes with some tabs that you affix to the top and bottom of the device, and you can then slip the plastic overlay on and off. You can touch through the overlay and use the phone as usual while it's attached, although the bumps aren't terribly comfortable for swiping. There's a matching set of tabs for the back of the device which can hold the overlay when it's not in use.

I tested it out, and it works. I never texted much on any device other than the iPhone, so I can't make a direct comparison of typing speeds between an iPhone and, say, a Blackberry. I do type a lot on my iPhone, though, and I can readily say that my typing speed and accuracy increased dramatically while using the 4iThumbs overlay.

4iThumbs is $19.95US online for 1 set, which includes portrait and landscape versions and the tabs to attach them to your iPhone/iPod touch. At Macworld, you can pick up 2 for $15US, but you'll have to get there quick to take advantage of the show pricing.

TUAWMacworld 2010: Hands-on with the 4iThumbs keyboard for iPhone originally appeared on The Unofficial Apple Weblog (TUAW) on Sat, 13 Feb 2010 20:00:00 EST. Please see our terms for use of feeds.

Alicia Keys

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Alicia Keys
Keys performing at Pavilho Atlntico in Lisbon, Portugal on March 19, 2008
Background information
Birth name	Alicia Augello Cook
Also known as	Lellow
Born	January 25, 1981 (1981-01-25) (age 29)
Origin	New York City, New York, United States
Genres	R&B, soul
Occupations	Singer-songwriter, multi-instrumentalist, composer, arranger, record producer, actress, music video director, author, poet
Instruments	Vocals, piano, keyboards, cello, synthesizer, vocoder, guitar, bass
Years active	1985present
Labels	Columbia, Arista, J
Website	www.aliciakeys.com

Alicia Augello Cook (born January 25, 1981), better known by her stage name Alicia Keys, is an American recording artist, musician and actress. She was raised by a single mother in the Hell's Kitchen area of Manhattan in New York City. At age seven, Keys began to play classical music on the piano. She attended Professional Performing Arts School and graduated at 16 as valedictorian. She later attended Columbia University before dropping out to pursue her music career. Keys released her debut album with J Records, having had previous record deals first with Columbia and then Arista Records.

Keys' debut album, Songs in A Minor, was a commercial success, selling over 12 million copies worldwide. She became the best-selling new artist and best-selling R&B artist of 2001. The album earned Keys five Grammy Awards in 2002, including Best New Artist and Song of the Year for "Fallin'". Her second studio album, The Diary of Alicia Keys, was released in 2003 and was also another success worldwide, selling eight million copies. The album garnered her an additional four Grammy Awards in 2005. Later that year, she released her first live album, Unplugged, which debuted at number one in the United States. She became the first female to have an MTV Unplugged album to debut at number one and the highest since Nirvana in 1994.

Keys made guest appearances on several television series in the following years, beginning with Charmed. She made her film debut in Smokin' Aces and went on to appear in The Nanny Diaries in 2007. Her third studio album, As I Am, was released in the same year and sold six million copies worldwide, earning Keys an additional three Grammy Awards. The following year, she appeared in The Secret Life of Bees, which earned her a nomination at the NAACP Image Awards. She released her fourth album, The Element of Freedom, on December 15, 2009. Throughout her career, Keys has won numerous awards and has sold over 30 million albums worldwide, establishing herself as one of the best-selling artists of her time. On December 11, 2009 Alicia Key's was ranked as top R&B artist, the fifth top overall artist and the second top female artist (behind only Beyonce) of the 2000-2009 decade by the Billboard Magazine decade end chart. ^[

To be fair, these two developments are really far apart in their delivery dates. The Gmail status update could come as soon as tomorrow, whereas the the speech-to-text-to-speech translation system is still a ways out. You can definitely see just how much work Google needs to do by trying to read your Google Voice voicemail transcriptions. (Voice search works better on Android 2.1 because you're talking slower and enunciating.) But both these features point in the same direction many of the company's other products have been hinting at. Here's a list of Google's major products, in case you forgot, and which sector of communication they want to dominate.

Google Voice: This is a big one, and it'll be the most natural interface for Google to slot in the voice-translation into. If you're using it the way Google wants you to use it, you're already piping all your voice calls and SMS through Google's tubes. And refining speech to text gives them a good idea of your interests and what you're talking about, allowing them to better serve up the relevant ads to you during calls.

Gmail: Having access to at least one end of everyone's email conversations, outside of business emails, gives Google the ability to be a gateway for most of your written communications. But that's not enough for Google, which is why they developed...

Google Wave: It's email, message boards, chat rooms and collaboration software all in one, except every participant needs a Google account. This closes that "openness" loophole that email has, and forces everyone into Google's biosphere. So this, and Gmail, should make sure that every medium-length communique passes through Google's maw for analysis. But what about shorter and longer forms? Update: Thanks commenters, for reminding me that Google made Wave open, so people can create their own Wave servers to talk to each other with the Wave protocol. The point still remains, that if you were going to use a service, wouldn't you rather use the service from the company that created the protocol, for performance and feature reasons?

Google Docs: For longer documents.

Google Talk: For short blasts of instant messaging, video chats and some audio chatting.

Picasa and YouTube: Communication doesn't have to be all text-based, you putting your photos and videos online count too.

Android and Chrome OS: By getting you down at the operating system level, Google can theoretically know every kind of communication you perform. It knows who you talk to, how you do it and when you do it. It can even shape the how by delivering the experience themselves.

Everything else. There's Checkout, Finance, Maps, Reader, News and other apps, which fill in the other forms of communication or expression that aren't quite covered by the major products above. One major missing piece is social networking, where Google basically failed before with its Orkut service (except for Brazil), so this new Twitter/Gmail hybrid might be their next entrance into the space.

But why do they want these things? Why would Google want to be the middleman between you and the world? To sell you ads, of course. And don't think Google is going to stop at just helping you talk over the internet or over the phone, they're going to reach into meatspace as well. How? One step is making that speech-to-speech translation portable, so you can do a sort of near-field communication with someone else with the same device while at the same time being able to look them in the face. Then, blast you two with the appropriate ads on the billboard next to you.

Bloomberg News

Apple intends to stay nimble on pricing of the iPad, possibly lowering prices if the newly unveiled tablet device fails to gain traction among consumers.

That was just one of the items in a note out Sunday night from Credit Suisse recounting meetings with Apple executives. Perhaps unsurprisingly, the Apple officials who met with CS analyst Bill Shope seemed to downplay the potential for some cannibalization of other Apple lines, which analysts have noted.

Apple wants the iPad to be the best device for a few key use cases. For instance, the company believes it could eventually be seen as superior to both handheld and notebook devices for browsing the Internet, using the App Store, and consuming mobile media (video, photos, and e-books). Nevertheless, in other areas, notebooks, the iPhone, or an iPod may be more appropriate. This clear segmentation of capabilities suggests that cannibalization may be less of a concern than most currently believe.

Shope also wrote that despite the seemingly aggressive pricing of the iPad the lower-than-expected price points range from $499 to $829 Apple seemed to indicate it would respond with price cuts if demand for the device wasn't revving up the way it liked. While it remains to be seen how much traction the iPad gets initially, management noted that it will remain nimble (pricing could change if the company is not attracting as many customers as anticipated), Shope wrote.

Apple shares are up about 0.5%. On the year, they're down a bit less than 7%. And since the iPad was introduced on Jan. 27, shares are down about 5.5%.

Kindle dev kit now rolling out in limited beta originally appeared on Engadget on Sat, 06 Feb 2010 23:24:00 EST. Please see our terms for use of feeds.

Engadget posted up some pics of the internals of the ExoPC. From the image above you can see the tinny speakers, the SSD at the right and a free mini PCIe slot, probably for the WiFi. There's also the SIM module at the lower left and a blank space at the upper right. Care to guess what that's for? I also can't seem to see the RAM, maybe it's under the SSD. The fan is a bit hefty for a tablet, and I'm not too keen about something blowing hot air on my hand when I use this.

Not much that can be modified in this device but it is nice that you can swap out the SSD and WiFi if needed. The price is US$599 but you have to wait a bit until it hits the shelves.

source Engadget

A post from the Asus Eee PC blog.

ExoPC bares all and shows what it is made of

iPad - image courtesy of Apple Inc.

The world has waited quite awhile for Apple to finally release its tablet. The world wanted it so much that in a way it worked against Apple. People built up their expectations of the iPad so high that it was going to be tough for Apple to surpass it. Did they? The simple answer is no. The iPad falls short of the world's lofty expectations. Is it Apple's fault? Not totally.

The world wanted Apple to produce a breakthrough device so much that when Jason Calcanis, founder of Engadget fired of tweets saying that he had been a beta tester for Apple and started to rattle off specs that were too good to be true, people believed him (this writer included). Why not? He's been writing about the tech industry and is one of the more recognizable names in the blogosphere that it seemed plausible. I hindsight, the solar panels should have been a dead giveaway.

On to the iPad. At first glance it does indeed just look like a big iPod Touch. Is it revolutionary and magically as Apple said it is? It should be had the world not been exposed to the iPhone and iPod Touch prior to it. On its on it is still revolutionary. Here's why.

1. The size is a big factor Sure it may look like a big iPod Touch but the bigger form factor just opens up a lot more possibilities. I've been a long time user of the iPod Touch and iPhone. I have both the first generation of iPod Touch and iPhone and thus have a little bit of experience with the devices. They both are great mobile devices. For checking important emails, looking up stock and weather quotes, reading a short article on the internet that really can't wait both these devices are top notch. But for reading books, watching movies, etc. It's just ok. After awhile your head starts to spin because of the eye strain and makes you want to put it down. The iPhone and iPod Touch are great mobile devices that can be used for short periods.

On the areas that the iPod Touch and iPhone are lacking, I think this is where the iPad starts to shine. Its size makes for an excellent device to watch videos on. The screen is large enough for personal viewing that it doesn't become such a chore. Reading books should be easier too although I shall reserve judgment on that until I actually get to try it.

2. Keeping it Simple - I've heard about a lot of people saying that the iPad lacks multi-tasking, etc. but I believe that Apple's attitude of keeping the iPad simple is actually is a strength. We've been surrounded by a culture of multitasking that it's gotten to a point that it's become a hindrance rather than helpful. When we work on our computers, we often find ourselves doing email, chatting, reading web pages all at the same time. It's becoming confusing and our concentration is suffering. I'm not saying this is always bad but in some cases keeping focus on things is good.

I also believe that the target users for the iPad are really people who aren't that techie. Let me qualify this. I'm not saying these people don't like technology or are adverse to it. I'm saying these people are the ones that like technology that just works. That's why a lot of people play games on consoles. Sure they can play games on the PC but it takes so much work to do so. Consoles are simple. You place the game, you play. Simple. The iPad is pretty much simple as well. It won't take rocket science to figure it out.

3. Touch me - The touch interface feels natural. It's been around for awhile but Apple's iPhone/iPod Touch interface that has been adapted for the iPad is the most natural touch interface I've seen. It's not a PC interface that has been adapted for touch. It's actually designed with the touch interface in mind. Therefore it just feels natural. People who aren't tech oriented really don't have a hard time figuring it out. Case in point, my tech challenged mother didn't have a hard time learning her iPhone.

4. It's what inside that counts In this case, one of the biggest things about the iPad announcement is actually the processor. Apple now has it's own processor inside one of its devices. It actually looks pretty good. If the impressions of people that have had a chance to play with the iPad. This thing screams and isn't power hungry. If this chip finds it way to the iPhone, we'll have quite the smart phone on our hands.

The iPad was designed to fill a gap between the netbook and a smar tphone. Will it do that? I think to a certain extent it will. I envision people buying this to have them in their homes and have easy access to email, photos, videos. Sometimes you just want to share photos with a friend and not necessarily project it on the TV. The iPad is a good alternative.

I also see it as a good addition to people who have desktops but want something portable to bring around the house to check emails, watch videos from anywhere and yes that includes the bathroom. I don't think it will get hot enough to burn your crotch as a MacBook/MacBook Pro does.

Will it revolutionize the way the iPod has? It has the potential to do so but only time will tell. For a 1.0 product it's good. I'm sure as with the iPod and iPhone the succeeding versions will only be better.

Post from: EveryJoe

Apple iPad: Breakthrough or Breakdown?

I was messing around with the iPad simulator, and I noticed that I could fit 6 icons in the dock. There was no modding involved. Since the iPad has a roomy screen, this could be very plausible. And since I am a jailbreak person, I know how uncommon this kind of thing is. But it goes along pretty well with Apple allowing the modification of the background.

TUAWHow many icons on that iPad dock? originally appeared on The Unofficial Apple Weblog (TUAW) on Sat, 30 Jan 2010 19:30:00 EST. Please see our terms for use of feeds.

Apparently, a company called Groove Systems has been selling an application in the App Store called iPad since sometime back in late 2009. Whoops! Somehow the Apple lawyers didn't catch that one.

While my Japanese isn't very good, our friends at Google translate tell us that iPad is a some sort of note taking application that appears to do handwriting recognition and supports exchange of data over Bluetooth.

There's no word on whether or not the iPad application will work on the actual iPad when it's released, but if you do try it, I think it could cause a rift in the space-time-continuum so try at your own risk.

At least this use of the iPad moniker is a bit more appropriate than this one:

Click to View Embedded Video Clip

I'd like to see you guys try and fit this thing in your pocket. Funny thing is that some iPhone accessory manufacturer out there will probably steal this idea and actually start making these.

[via Sevens Heaven]

The iPad And The World Of Tomorrow

For those who spent yesterday glued to the State of the Union address instead of tech news feeds, Gizmodo has a terrific summary of Apple's new device. To break it down: The iPad looks basically like an iPhone, but with a 9.7 inch screen. It runs the same software as the iPhone, can connect to the internet, and seems to work nicely for reading books, newspapers and magazines, watching video, checking Google maps, reading your email, surfing the web, and casual gaming. Like the iPhone, it has no keyboard - you can touch-type on the screen.

Why is this outsize version of the iPhone so important that the internet basically exploded over it yesterday? Mostly because Apple's last two new mobile devices - the iPod and the iPhone - changed the way people think about computers. They really did change the future, by making it glaringly obvious that computing devices are not all desktop PCs - they can be specialized music players, or telephone/internet toys that put the web in your pocket. They are the beautiful, cool poster gadgets for the mobile computer generation; they are what we imagine when we think of tomorrow's machines.

The Mythical Convergence Device

The iPad promises to be just as revolutionary as its predecessors, for one reason. It embodies, as much as possible, the mythical convergence device that technophiles have been craving for almost two decades. The convergence device, which people began to discuss seriously in the 1990s, would be a unified gadget where you could consume many kinds of media, especially TV and the web, with the same gadget.

This is exactly what the iPad does, helped along by the fact that so much television is available online already. And you can add books to this convergence, too (the iPad even has a Kindle app). The iPad is also the perfect shape for a convergence box. Its screen is about the size of a quality paperback or small television set. There's none of that scrunching your forehead as you peer into the teeny screen of the iPhone to read a book or watch YouTube.

What I'm saying is that the iPad appeals to a very deep and longlived fantasy in the consumer electronics world: A device that does it all. At least, if all you want to do is consume media.

And there's the problem.

Reinventing The Television

Apple is marketing the iPad as a computer, when really it's nothing more than a media-consumption device - a convergence television, if you will. Think of it this way: One of the fundamental attributes of computers is that they are interactive and reconfigurable. You can change the way a computer behaves at a very deep level. Interactivity on the iPad consists of touching icons on the screen to change which application you're using. Hardly more interactive than changing channels on a TV. Sure, you can compose a short email or text message; you can use the Brushes app to draw a sketch. But those activities are not the same thing as programming the device to do something new. Unlike a computer, the iPad is simply not reconfigurable.

The iPad emulates television in another way, too: You can channel surf through the Apps Store, but you can't change what's playing. Every single app that's available for the iPad has to be approved by Apple first, just like apps for iPhones. That means censorship of "offensive" apps, no apps that compete with Apple (i.e., no Google Voice), and no random app you wrote to do whatever obscure shit you want to do. So you've got thousands of channels and nothing on. And because you can't reconfigure the iPad, you can't change that. You can only keep flipping through the channels, hoping in vain to see something other than reruns of Cheaters and Alf.

As futurist Jamais Cascio told io9:

This is Apple's big push of its top-down control over applications into the general-purpose computing world. The only applications that will work with the iPad are those approved by Apple, under very opaque conditions. On a phone, that's borderline acceptable, but it's not for something that is positioned to overlap with regular computers.

The iPad has all the problems of television, with none of the benefits of computers.

Back To The Shopping Mall

So if it's not a computer, what exactly is the iPad? It could be just a really tarted-up ebook reader, which would make sense if you consider that the iPad is competing with Amazon's Kindle. So it's a reinvention of the book, a fairly old technology, but in a gleaming new package. Except that package isn't even very new, as futurist and science fiction author Karl Schroeder pointed out. He told io9 that the iPad isn't about brilliant hardware innovation, and that in fact the device doesn't even use state-of-the-art ebook tech like e-ink.

Speaking to us via email, Schroeder said:

What Apple has done (again) is seize the moment with a combination of a device and a business model . . . even if e-ink provides a better reading experience for books (reading on an iPad will continue to literally mean staring into a lamp, just like reading on a computer screen), it doesn't matter because it's the total package of iTunes, iBookstore, 3G, games, apps etc. that will pull ebook readers along with it. Consider that the iPad is a closed platform that doesn't even multitask; if the technology mattered, those would be major considerations for the buyer. But they won't be, because when you buy an iPad, you buy access to the whole Apple business ecology.

Looked at from this angle, the iPad isn't so much new technology as it is a shiny, pretty doorway to a mall where you can buy everything from books to movies.

The iPad hasn't brought us forward into the future. It's taken us backward to a world of strip malls and televisions.

Another Vision Of The Future

So the iPad takes us back to the 1980s, or maybe even the 1950s. It's likely to be a device that changes our future, but what that means is we're facing a tomorrow where true innovation is sidelined by a device that represents a convergence of old media and shopping.

But as John Connor would say, we can change the future. That might be as simple as pushing Apple to change its App Store policies to make iPads less like TVs and more like computers. As Lifehacker's Adam Pash put it, "The App Store isn't exactly the problem-it's the way Apple runs and limits the App Store." He suggests that Apple could create a special "Restricted section" for its App Store. He continues:

Rather than reject applications that it feels may confuse the user (like they claimed Google Voice or Google Latitude might), or applications that allow users to access naughty pictures, or even applications that it hasn't had time to vet for the App Store proper, [Apple] put those applications in the Restricted section. Before a user is able to install applications from the Restricted section, that user has to agree that the application may confuse their feeble minds, offend their delicate sensibilities, or even slow down their device. Is this such a problem? . . . Even better, [the iPad] could work like the package manager it actually is and allow users to add their own trusted repositories as sources for other applications . . . The point is, users should at least be allowed to flip some switch, somewhere on the machine, that says, "Hey computer, I'm an adult, and I take responsibility over how I use this machine."

A convergence device that can also be reprogrammed the way computers can? Now we're in the twenty-first century.

Another possibility would be for developers and investors to focus on hardware that truly is innovative and futuristic. Schroeder says:

There's really nothing in the iPad that's new; if you want truly new, disruptive tech that would be at a similar price point if commercialized, look at Pranav Mistry's SixthSense and related projects.

SixthSense is a gesture-controlled mobile device with a projector - you can see its telephone app at work above. You project the phone onto your hand and press the buttons. You can also use gestures to take pictures. This is truly the next step in mobile computing, and will likely revolutionize computer networks in ways we can't yet imagine.

What Is To Be Done?

I know a lot of otherwise-savvy consumers and hackers who are already drooling over the iPad and putting in their orders. They hate the idea of a restricted device, but they love the shiny-shiny. I'm not saying that they should deprive themselves of this pretty new toy. What I am saying is that this toy represents a crappy, pathetic future. It is no more revolutionary than those expensive, hot boots I bought at Fluevog, and only slightly more useful.

The only way iPads can truly become futuristic devices is if we hack them so that we can pour whatever operating system we want inside. We need to jailbreak these media boxes so we can install the apps we want, not the ones provided by the Apple shopping mall.

Do not be content with a television when you can have a computer.

Do not be content with yesterday's machines, because the future is before you. Ready to be hacked.

With that in mind, I decided to filter the barrage of iPad coverage through a publishing lens. What follows are intriguing ideas culled from all sorts of sources. Most revolve around content applications the iPad may provide.

There's no way I'll catch all the good stuff -- there's just too much out there -- so please use the comments area to post links and commentary that grab your attention, publishing-related and otherwise.

Ebook pricing could get interesting

The iPad's release portends a price-point battle between Apple and Amazon. That's ebook pricing, not hardware.

The Wall Street Journal says Apple is pushing book publishers to set two ebook price points, $12.99 and $14.99, with Apple taking its customary 30 percent cut from any sales. They key word in all this is "set." The big kahuna of ebooks, Amazon, controls its pricing. Most bestsellers are parked at $9.99, which is below what Amazon pays a publisher for a title. Amazon is subsidizing its low price point.

But that's the present. The future is a different matter. The thought is that Amazon is taking a short-term loss on ebooks so it can solidify its position as the dominant channel. Once it owns the ebook market, Amazon can ditch the subsidy and force publishers to renegotiate pricing.

That's the fear, and Apple appears to be playing to it by giving publishers an option: get a measure of pricing control through Apple, or make more with Amazon but pray they don't rewrite the rules later. (Apple could always rewrite rules, too ...)

What's really interesting about this -- and kind of bizarre -- is that the binary Apple-or-Amazon thinking obscures an important point: mobile devices already offer publishers plenty of pricing options.

What about e-reader applications?

Steve Jobs famously quipped a couple of years ago that "people don't read anymore." Well, I guess Apple changed its stance on that one. The new iBooks app -- and accompanying store -- is a big ol' cannonball in the ebook pool.

Early discussion on a back-channel publishing list I follow has focused on how Apple will treat its new ebook competitors. Will established applications, like Stanza and the Kindle app, be removed? Kirk Biglione, co-founder of Medialoper, thinks competitors will remain in Apple's universe. Just don't count on sharing titles across apps:

Look for books to be added as a new media type in the device media library. The other reading apps may be able to co-exist as long as they don't access books stored in that library. So, for example, you probably won't be able to use Stanza to read iBooks. [Note: Kirk gave me permission to post his comments.]

One thing to consider here: Past inquiries from the Federal Communications Commission may soften Apple's competitive instincts. At least for a while.

Of course, FCC heat doesn't preclude Apple from a little friendly rivalry. Digital Trends picked up on the backhanded compliment Jobs gave Amazon during the iPad presentation:

... [Jobs] basically told the online retailer that we'll take it from here.

The reading/viewing experience

Apple has already shown what it's capable of on the music and video front, so I'm curious to see how it handles the book experience. Early word is positive from folks who've had a chance to demo the iPad. Here's Gizmodo's take:

It's an optical illusion, but just seeing the depth of pages makes the iBook app feel more like a book than a Kindle ever did for me. The text is sharp, and while the screen is bright, it doesn't seem to strains the eyesbut time will tell on that.

The iPad is backwards compatible with existing iPhone applications. That seems useful on first blush, but Joshua Topolsky of Engadget called out a big issue with "old" apps:

It's kind of silly looking. A lone app in the center of a black screen.

More to come

I'll be adding to this post in the coming days as more analysis bubbles up. Again, please use the comments to point out interesting or informative links you come across as well.

So we've got the name now, the iPad, but it looks like investors were either in sell-the-news mode, or weren't overly pleased by the looks of the tablet device. Either way, Apple shares slipped a bit on the actual unveiling of the new gadget.

Apple's iPad keeping Adobe Flash away from your couch originally appeared on Engadget on Wed, 27 Jan 2010 13:44:00 EST. Please see our terms for use of feeds.

Gallery: The Apple iPad

Gallery: The Apple iPad

Gallery: Apple iPad accessories

Continue reading The Apple iPad: starting at $499

The Apple iPad: starting at $499 originally appeared on Engadget on Wed, 27 Jan 2010 14:19:00 EST. Please see our terms for use of feeds.

Gallery: The Apple iPad

Continue reading The Apple iPad

The Apple iPad originally appeared on Engadget on Wed, 27 Jan 2010 13:45:00 EST. Please see our terms for use of feeds.

Apple's iPad keeping Adobe Flash away from your couch? originally appeared on Engadget on Wed, 27 Jan 2010 13:44:00 EST. Please see our terms for use of feeds.

On a conference call with analysts, John Killian, Verizon's finance chief, called the Droid extremely well-received and said that both the Motorola Droid, the HTC Droid Eris and the BlackBerry Storm 2, all of which were introduced during the quarter, were strong sellers.

The telecommunications provider declined to say whether its advertising, which pokes at AT&T's network, made inroads on the rival carrier's subscriber base. Mr. Killian said that porting from other carriers improved overall and that the company was pleased with its performance.

Verizon didn't give any hints as to whether it expects to carry Apple's iPhone something it has indicated interest in even as Droid ads occasionally teased the device's image.

But following a question by Oppenheimer's Tim Horan, who said, The iPhone and high-end smart phones have been taking down networks all over the place and impacting margins how do you avoid that from happening to you? Verizon's chief executive, Ivan Seidenberg, said the company is confident in its infrastructure.

To the extent that usage picks up, I think our guys have done a very good job in making sure that we stay in front of that issue, Mr. Seidenberg said. And I know most investors are worried about that. But over the course of the last 10 years, this is what we pride ourselves on doing. So I'm comfortable that we are in good shape on this.

Dear Pat Robertson,

I know that you know that all press is good press, so I appreciate the shout-out. And you make God look like a big mean bully who kicks people when they are down, so I'm all over that action. But when you say that Haiti has made a pact with me, it is totally humiliating. I may be evil incarnate, but I'm no welcher.

The way you put it, making a deal with me leaves folks desperate and impoverished. Sure, in the afterlife, but when I strike bargains with people, they first get something here on earth -- glamor, beauty, talent, wealth, fame, glory, a golden fiddle. Those Haitians have nothing, and I mean nothing. And that was before the earthquake.

Haven't you seen "Crossroads"? Or "Damn Yankees"? If I had a thing going with Haiti, there'd be lots of banks, skyscrapers, SUVs, exclusive night clubs, Botox -- that kind of thing. An 80 percent poverty rate is so not my style. Nothing against it -- I'm just saying: Not how I roll.

You're doing great work, Pat, and I don't want to clip your wings -- just, come on, you're making me look bad. And not the good kind of bad.

Keep blaming God. That's working. But leave me out of it, please. Or we may need to renegotiate your own contract.

Best, Satan

• Aldiko: outstanding e-book reader (better than Kindle on the iPhone in terms of feature set; obviously the book store is not quite as good, but the integration with free eBook download sites is a plus). Currently reading Makers by Cory Doctorow.
• Amazon: search the full Amazon catalog (can use barcodes or photos in addition to typing or speaking your query), track orders in my account.
• APNDroid: useful if you want to disable your phone's cellular data connection (useful if you're often on WiFi and want to turn off your EDGE or 3G data connection)
• AppReferer: builds a QR code (a 2D barcode) that makes recommending an app to another Android user in person a one-click affair.
• Battery Graph: shows a nice chart (exportable, even) of battery usage, which is helpful if you're trying to isolate when the battery started to drain.
• Coin Flip: silly app that lets me flip a coin. Use it mostly to settle disputes between the kids. :)
• Congress: built by Sunlight Labs, a phenomenal "pocket Congressional directory" that includes contact info, committee memberships, news, and YouTube vids of every Senator and Representative.
• DroidLive Lite: Streaming radio (via Shoutcast) from 1300 radio stations around the world.
• Facebook: news feed, photos and profile info for friends
• Fandango: Order movie tickets from movie theaters so I can bypass lines at the ticket counter.
• Finance: Google Finance app
• Flashlight: turns screen bright white to use in dark rooms
• Foursquare: app for playing Foursquare, also has a nice widget for my home screen
• Gmote: turns my Nexus One into a touchpad remote (when paired with a computer running the Gmote server software). Handy for giving presentations, or just doing something nerdy and cool.
• Google Goggles: search Google by taking pictures.
• Google Sky Map: the one app that consistently blows people away. Load it up, turn your camera toward the night sky and you'll get a real-time view of which stars, constellations and planets are above you. An awesome accompaniment to a telescope.
• Jewels: Bejeweled-like game.
• Layar: Augmented reality app that displays info on screen in realtime through your phone's camera.
• Locale: very sophisticated app for scripting events to happen based on certain triggers. (When I'm at home, disable the data connection and connect to my home wifi access point. At 11pm, turn off the sound and put the phone to sleep; at 6am turn the sound back up; when I'm at work, put the phone in vibrate mode; etc.)
• Metal detector: actually works.
• Movies (aka Flixster): Lots of info/trailers/reviews about new and upcoming movies, also integrates with Netflix for DVDs
• My Tracks: built by some Googlers, great app for keeping track of runs/bikes/ski runs you've done; captures altitude, distance, etc., then uploads to Google Maps My Maps.
• OpenTable: make restaurant reservations from the phone.
• Owner: adds my contact info to the unlock screen ("If found, please contact Rick Klau...")
• Pandora: streaming music channels.
• PapiJump: great little game using the phone's accelerometer.
• Pintail: monitors your phone's SMS messages for a message that says "locate" (plus a PIN); once received, activates the GPS and replies with the phone's location. Helpful if you've got a lost phone.
• Robo Defense: addicitve game.
• Scoreboard: Tracks scores of your favorite teams, with realtime updates and notifications as score changes.
• Seesmic: Great Twitter app.
• Shop Savvy: grab a barcode, find out who sells it and for how much.
• TiVo Remote: works with any TiVo HD unit over WiFi.
• TripIt: phenomenal itinerary manager for all travel info.
• Voice Recorder: does exactly what it says it does.
• Yelp: Local reviews.