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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Definitions

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

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

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

How Human Users Are Holding Twitter Back

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.

Anyone who's been to SXSW in the past few years, ever since the iPhone's release, knows that the AT&T network absolutely explodes during the festival. Texts, if they ever make it through, take hours; calls are dropped at an alarming rate, even by AT&T standards; and Internet access is essentially impossible. It's hard for AT&T to keep up because Austin, any other week of the year, isn't absolutely flooded with iPhone users mucking about, asking where the Facebook party is, or if they're on the list for the Gawker party. (I'm on the list, but I'm not going this year so it doesn't matter.) The point is, AT&T has its hands full that week, so let's give them an A for effort for trying to prevent another iPhone meltdown this year.

SXSW starts on March 12, and runs through March 21. It's a couple of days worth of tech, music, movies, and open bars. It's sort of an exaggeration, but every single attendee rocks the iPhone. It brings AT&T's network, already sorta meh, to it knees. This year, though, AT&T has prepared itself for the huge influx of users.

AT&T has installed a distributed antenna system at the Austin Convention Center. In a perfect world, it adds the equivalent of eight cell towers to the covered area. AT&T has also three temporary cell sites for good measure. These things are typically installed during big, but temporary events. Think Super Bowl or, well, large conventions.

The company also says it has added fiber-optic connections to more than quadruple the backhaul capacity of each of the eight cell sites that serve the event area, and temporary sites will also be served by extensive backhaul. Whatever that means!

Fingers crossed, every SXSW attendee will be able to FourSquare till their battery dies. That's all you can ask for.

Flickr

As more wireless carriers adopt Google Android, many new consumers ask frequently how to do common tasks on their Android phone. This section is dedicated to offering Android Advice to new and experienced Android consumers. There will be more to come, however here are the top 6 frequently asked questions by new Android users:

1. What Android apps should I download?

There are many list all over the web, even many on our website (coming from Blackberry to Android see this list). We'll list a few must have best Android apps to get you started:

• Must Have: Astro File Manager, use this app to browse files on your SD card. Bar Code Scanner, use this app to scan the QR bard codes with all of our reviews to quick link you to apps in the Android Market!
• Task Management: TasKiller
• Battery/Power Management: Power Manager or Screebl
• Email: K9 Mail or Exchange by Touchdown
• Music: Pandora or Meridian Player
• Home Screen Customization: aHome or SlideScreen
• Productivity & Note-Taking: Astrid or Evernote

Keep visiting www.AndroidTapp.com for the best Android app recommendations.

2. How do I setup email accounts?

First gather your POP3 or IMAP protocol access information. Launch Email > type email address and password > Choose either POP3 or IMAP account > enter Incoming POP3 or IMAP protocol information > enter Outgoing information > choose whether email account is default.

3. How do I save battery power?

Try turning off Bluetooth, Wifi and GPS when not needed. Try to minimize update intervals of some apps such as Facebook and Twitter from the settings menu. There are apps to help manage battery power for you such as Power Manager.

4. How do I Customize my phone?

There are many home screen customization apps to give a completely different experience; popular apps include aHome, Open Home and SlideScreen.

5. How do I set Ringtones?

Either purchase them from sources like Amazon MP3 or download free with Mabilo Ringtones.

To place your own MP3 songs as ringtones go to the Android Market to download Rings Extended. Plug your phone to computer via USB cable. An icon will appear in the top left notification bar, slide the bar down (this is called the window shade). Tap USB connected > Mount > on your computer a new drive will appear > drag your own MP3 files to the drive > tap home button > Menu button > Settings > Sound & display > Phone ringtone > choose Rings Extended to browse your MP3 files on the phone.

6. How do I import my Contacts from SIM card?

From home screen tap Menu > Contacts > Menu > Import contacts > Import All (Import allows for single imports)

Have more questions? Feel free to ask in the comments below or Contact Us!

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.

• Windows Phone 7: First Videos
  Closer look at what you can expect from a Windows Phone 7 experience. [Gizmodo]
• 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]

The Wall Street Journal reports that more changes are planned for Buzz in response to user feedback, including the option to block conversations and other filtering features.

Even as Buzz impressed some social media enthusiasts, it also angered some folks for various reasons the most significant being that it's a bit noisy and difficult to sort through, and that it isn't quite as privacy-friendly as everyone would have preferred.

The WSJ says Google assembled important company figures into a war room where they discussed ways to respond to user criticism. The first results were the big privacy tweaks that went live over the weekend an end to Reader and Picasa connectivity and Gmail contact auto-following. They also made it possible for users who aren't interested at all to remove the Buzz from Gmail completely.

Details about the coming improvements to filtering haven't been revealed beyond the option to block certain conversations, but we're guessing or at least hoping that the ability to collapse comment threads will be among the coming changes. That was by far the most requested feature when we pinged the Buzz crowd asking what features everyone would like to see.

There are a lot of improvements yet to be made. For example, unless you abandon the option of a vanity URL in favor of a numeric homepage, it's pretty easy for someone to guess your e-mail address. If you want it to stay private, that could be a problem.

We'll see what Google does in the coming weeks; we were expecting a large number of new tweaks and this update confirms that they're coming.

Tags: buzz, Google, google buzz, News, social media

Bloomberg is reporting that Verizon is planning on adding official support for Skype to its handsets. The two companies are expected to announce a partnership at the Mobile World Congress on February 16, which will allow Skype calls to be made from Verizon phones using the provider's 3G data plan.

This would be a shrewd move on the part of Verizon. Voice calls are becoming a less and less of a profit center for wireless carriers. Look at the big price cuts that both Verizon and AT&T introduced last month: The biggest area of price savings is in unlimited voice plans. Data is still a premium, and in the case of Verizon, there are still data caps for mobile data usage.

For consumers, having Skype pre-loaded on a phone which Bloomberg says is to be on a range of low and high-end handsets might mean that instead of paying for a voice plan (or a more expensive voice plan), the option to get a better data plan and just use Skype when making calls might make more sense.

Bloomberg quotes IDC analyst Rebecca Swensen:

What's important is that Verizon understands that, at some point, they are going to be losing voice minutes to the data world. This makes their platform more valuable for end-users. It could be a differentiator for Verizon Wireless.

Although Verizon is the largest wireless carrier in the US, it faces stiff competition from AT&T. Although AT&T's service is pretty universally reviled, AT&T has the iPhone and that continues to drive customers to the carrier. While AT&T is expected to lose exclusivity at some point, it is unclear when or if Verizon will get to carry the device. As it stands, AT&T will be the 3G data provider for Apple's iPad this April.

Skype works on AT&T's WiFi network and a 3G version is in the works as well. Depending on which carrier can offer 3G access to Skype first and on what phones could depend on how valuable this feature is.

If given the choice, would you drop your voice plan and just use Skype over 3G data for making and receiving calls? Let us know!

Tags: 3g data, mobile voip, Skype, verizon, voip

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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."

• Teens Favor Social Media Over Blogs
• How is Google Buzz Different from Facebook and Twitter?
• Tips for Protecting Your Online Reputation

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.

• Mobile Phone Use Soars
• 10 Profound Innovations Ahead
• Americans Are Info-Junkies

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.

ViralHeat, a social media analytics firm, hopes to fill the space left empty by other, far more expensive services.

Sponsor

The Basics

ViralHeat has been around for just over six months, providing a low-price but full-featured social media analysis for the budget minded. We had a chance to chat with CEO Raj Kadam and founder Vishal Sankhla today before the relaunch, which is unveiling support for Facebook monitoring, a new user interface and API support.

The fully Web-based app gives full analytics by monitoring an array of blogs, over 200 video sites, Twitter and now Facebook for mentions of your brand, which is set up as a profile. Each profile exists as a simple logic search, wherein you can keep track of your brand by searching for phrases, domains and hashtags, all in the syntax we've become accustomed to from using from sites like Google.

Champagne Tastes on a Beer Budget?

While ViralHeat compares itself on price to services like Radian6, there is a primary difference between the two services. ViralHeat offers a full set of analytics features, from standard mention monitoring to sentiment analysis using a natural language algorithm, but this is where it stays. It does not venture over to the content creation side, where we find the more expensive and extensive services like Radian6. Other services might offer workflow management, scheduled content delivery and other conversational tools, but this would be overkill for the users we imagine at this app's usability sweetspot.

We see that as an additional merit: ViralHeat has both the price point and the feature set fit for the company that wants to get on top of its image and perception on the social Web but can't afford to bring a social media expert on board - and on salary. The learning curve is suitable for the DIY set and the analytics it provides are self explanatory, not riddled with indecipherable, industry jargon.

For those of you that like the pricing but want to do a little more with the data, the service also allows you to export data into Excel format and access your data using the API.

The Price is Right

Speaking of pricing, this is a point that really brings it home for ViralHeat. With today's relaunch of the site, ViralHeat offers a three tiered pricing system, starting with a basic package for $9.99, a professional package for $29.99 and a business package for $89.99. The Basic package offers standard mentions analysis for 5 profiles, while the other packages offer sentiment analysis and API access for 20 and 40 profiles, respectively.

If we haven't drilled it in enough quite yet, here's the bottom line: ViralHeat looks like a solid social media analysis tool that is priced and designed for the more casual user, while offering simple features like export and API interaction that keep it flexible enough for the more serious user.

The move would further turn Gmail, which revolutionized online e-mail, into a comprehensive communications hub. The intent is to keep people's attention centered on Google, by making Gmail, not Facebook, people's first stop online and their default place to send and receive messages. Gmail users can already chat via Jabber or AIM, make video calls, and send SMS messages from Gmail's web interface.

As the Post reports:

Google has been trying to fashion Gmail into more than an e-mail service for years. The service currently lets users set an away message, which can be a link to a Web page, that their friends see when they instant-message them. Now, it plans to launch a new interface that will aggregate updates from more friends in a stream.

The new stream will also eventually include content that a user's connections share through its YouTube video site and Picasa photo service, according to one person familiar with the matter. But whether those features will also be announced in the coming days remains unclear.

The full extent of the new features remain unclear, but Google is inviting reporters to a launch event Tuesday on its Mountain View, California, campus promising some innovations in two of our most popular products, according to an e-mail sent to reporters.

Yahoo has included similar features in its e-mail service, letting users see what photos their contacts have uploaded to Flickr, for example.

Google could integrate updates from a user's Twitter account, since most of that is public. And it could likely make it easy for Gmail users to post to Twitter as well, due to Twitter's liberal API policy.

Facebook, however, will not likely let its rival re-publish status updates, or allow users to publish to their Facebook pages through Gmail. Facebook, much like AOL and Compuserve back in the early '90s, is a controlled and sanitized version of the larger internet, but it relies on closed protocols.

via Google to Add Social Feature to Gmail - WSJ.com.

See Also:

• April 1, 2004: Gmail Hits Webmail G-Spot
• Google Turns on Gmail Encryption to Protect Wi-Fi Users
• Gmail's New 'Undo Send' Feature Saves You From Outbox Regret
• AOL Announces Lifestream App for Twitter, Facebook, SMS
• Walled Garden No More, AOL Adds Social Networks to Homepage

• It's based on Android 2.1. The build currently being circulated is identified as 2.1 version 1, mirroring the update just pushed to the Nexus One last week.
• Google Goggles is now pre-installed (no matter how unhelpful it may be).
• The browser's now multitouch enabled, just like Google Maps 3.4. Huzzah! No Flash, but then again, we weren't really expecting that.
• Interestingly, the home screen's still got the same look as 2.0.1, meaning it doesn't adopt the Nexus One's rotating 3D grid of app icons -- it's still got the pull-up drawer tab at the bottom.
• No active wallpapers. Bummer!
• The news and weather widgets introduced on the Nexus One are included. Maybe certain capabilities of 2.1 are going to be restricted to devices with minimum performance benchmarks?

Motorola Droid's next update to be Android 2.1, includes multitouch browser originally appeared on Engadget on Mon, 08 Feb 2010 09:05:00 EST. Please see our terms for use of feeds.

LittleSis API: LittleSis is a free database tracking the key relationships of politicians, business leaders, lobbyists, financiers, and their affiliated institutions (also described as an involuntary facebook of powerful Americans, collaboratively edited). The LittleSis API exposes the raw data used on the LittleSis website. The data consists of basic information about people and organizations, and the relationships between them. It uses a RESTful interface and responses are formatted in XML and JSON.

Mixpanel API: Mixpanel is a web service that lets companies track how users engage with their websites in real-time. The Mixpanel API allows users to post and access the data that Mixpanel is analyzing. This is a RESTful API and responses are returned in JSON format.

Mood of the Nation API: Mood of the Nation API allows clients to retrieve the raw trending data associated with the free Mood of the Nation iPhone application. The application collects mood information (physical, mental, emotional) from users and trends over day, week, month.

Motime API: The Motime Open Access platform is an affiliate program based on the APIs of the Motime service which allows partners/affiliates to advertise Motime ringtone content on their own web or mobile sites and earn money for each referral given to Motime. The search API offers a REST protocol to allow developers to link their content with Motime's catalog of ringtones.

Muselius API: The Muselius API can be used to display information on up to 99 museums in an area on your own web site. The information about museums can be used to enrich your art related sites, hotels and tourist sites. Muselius is a global directory of museums. Our mission is to facilitate the information you need for visiting museums all over the world. Muselius is created and maintained with the help of many users who update and complete the data we have about each museum.

OpenSRS API: OpenSRS API is intended for resellers who offer domains and supporting services to their customers. Resellers can provide functionality to their customers by integrating data from the RESTful API functions (includes SSL support). Developers can use the API to run queries or automate tasks that would otherwise be performed manually using the Domain Name Control Panel.

The web is becoming more dynamic, context-aware and personalized by the day, and the amount of information consumed by each person is increasing exponentially. But while hardware performance is improving, except when it comes to the simplest of parallel programming tasks, software infrastructure is not keeping pace. We need to develop new data processing architectures ones that go beyond technologies like memcached, MapReduce, NoSQL, etc.

Think of this as a search problem. Traditionally, there was an index of every document in which every word occurred. When a query was received the search engine could just look up the precomputed answer to which documents had which word. For a personalized search, an exponentially larger index is needed that includes not only factual data (words in a document, brand of cameras, etc.) but also taste and preference data (people who like this camera tend to live in cities, be under 40, love Napoleon Dynamite, etc.).

Unfortunately, personalizing along 100 taste dimensions leads to nearly as many permutations of recommendation rankings as there are atoms in the universe! Obviously there isn't enough space to precompute what recommendations to show every possible type of person that queries a site. Additionally, precomputing the answer to queries is too slow. People expect real-time results, not hours- or days-old precomputed answers. If I tell Amazon I don't like a book, I want to immediately see that reflected in my recommendations.

We're at a turning point in how we need to build web sites to handle these sorts of personalization problems. While first-generation distributed systems split the application into three tiers web servers, application servers and databases second-generation systems build large non-real-time back-end clusters to analyze huge amounts of sales data, index billions of web documents etc.

A third generation of systems is now emerging, with the computation shifting from those back-end clusters into front-end real-time clusters. After all, you just can't build a back end that precomputes personalized results for millions of Internet users. You have to compute it in real time.

Adding complexity, many personalization problems are more difficult to parallelize than a lot of traditional back-end applications. Indexing the words in web pages is actually a lot easier to parallelize than are the long sequence of matrix calculations required to optimize a user's recommendations.

Matrix calculations tend to involve complicated data access patterns that mean it's hard to partition calculations and their data across a cluster of computers. Instead there tends to be a lot of sharing among many different computers, each of which holds a piece of the problem and updates the others as data changes. This back-and-forth data sharing is both incredibly hard to keep track of for the programmer, and can significantly degrade application performance.

The systems we've built at Hunch to solve this started off using distributed caching with memcached but very quickly veered into something more akin to distributed shared memory (DSM) systems, complete with multiple levels of caching, coherency protocols with application-specific consistency guarantees and data replication for performance. With an abundance of processing cores at our disposal, the real challenges tended to revolve around getting the right data to the right core.

I think that in a few years we'll look back at this time as an era in which a slew of new large-scale programming challenges and their solutions were born. Hopefully we'll also see more open-source solutions along the lines of memcached and Hadoop, so that building personalized and real-time web applications is easy for everyone.

Tom Pinckney is the co-founder & VP of engineering of Hunch.com.

Related GigaOM Pro content:

• What's Next for the Cloud? Distributed Architectures
• Infrastructure Winners and Losers of 2009

Dallas Lawrence is Chair of the Social and Digital Media Practice at Levick Strategic Communications, the nation's top crisis communications firm. He blogs on emerging digital media trends and best practices for social media engagement on Bulletproof Blog. Connect with him on Twitter @dallaslawrence.

Social networks have truly come of age in the last year. No longer viewed as lonely outposts for youthful college slackers, the reach of these platforms has grown exponentially. Today, more than two-thirds of the world's Internet users visit the social networking sites that reel in billions of eyeballs every 24 hours.

Yet, despite the staggering growth of social networking, determining how to monetize social media platforms remains a tough code to crack for even the savviest of companies. As such, identifying new revenue models will be instrumental in kicking off the next cycle of the social networking phenomenon in 2010.

If Anyone Can Do It, Facebook Can

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Facebook, social networking's acknowledged leader, has surpassed every platform on the market today, corralling more than 350 million unique users globally. If any social network is poised to design a winning formula for successful revenue streams in 2010, it's Facebook. CEO Mark Zuckerberg has set an aggressive agenda for the company, publically stating that he expects social networks to become as essential as web browsers and operating systems, and he has set the lofty yet entirely realistic goal of 1 billion users worldwide.

In the less than five years since it expanded beyond scholastic audiences, Facebook has not only grabbed the lion's share of users, it has engaged them like no other platform on the Internet. The average Facebook user visits the site at least once a day and spends an astounding 55 minutes engaging friends and family - statistics that another Zucker (Jeff) would probably kill for over at NBC.

While translating such popularity into dollars and cents isn't easy - especially in an industry whose users have grown accustomed to getting something for nothing - Facebook could potentially provide a monetization template that would revolutionize social networking as we know it.

The Next Level of Advertising Revenue

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Advertising has traditionally provided the simplest means of generating revenue. PricewaterhouseCoopers reported in October that Internet advertising revenues totaled $10.9 billion for the first half of 2009. It's been estimated that Facebook alone took in $435 million of that total. But for a site with nearly half a billion users, a quarter of which spend more time within the network than watching television, these numbers represent just the beginning potential.

First, Facebook needs to admit to itself that it is in the business of selling ads. By better managing its advertising network, intelligently expanding its marketing options, and developing workable social ads that leverage the branding power of friends and connections, Facebook can begin to capture its rightful share of online ad revenues. The final piece is to increase awareness and understanding of Facebook ads among corporate decision makers.

For example, every executive in America today understands the value of purchasing Google ads - and that didn't happen by accident. Google understood that what caused it to dominate online search wasn't going to ultimately position the company as a global corporate powerhouse valued at nearly $200 billion. Google's aggressive marketing, communications, and lobbying shops have worked to ensure every ad buyer, political campaign, marketing executive, and public relations flack knows the value of the service and has direct and easy access to account executives who explain the much worshiped ROI Google ads provide.

Today, Facebook stands on the precipice Google inhabited just before it became a top money-maker. By taking a page from the Google playbook, and aggressively marketing and explaining its power to influence buying decisions, Facebook ads could become as essential to 21st Century marketing as the yellow pages were in the 20th Century.

E-Commerce Stop Sending Customers Away

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The launch of Facebook as a true e-commerce site holds immense potential as a business solution and could forever change the way we shop. Online purchases through the first three quarters of 2009 totaled $98.3 billion according to the Department of Commerce. For the majority of companies selling products online who are also engaged on Facebook, opening Facebook fully to direct e-commerce transactions will dramatically change how businesses advertise and how consumers buy goods online.

Consumers and companies would flock to a Facebook storefront for one simple reason: We do everything else there. Imagine an integrated, one-click solution whereby your friends see your recent purchases (because you were incentivized by the brand to share your information) in their feed and are able to simply point, click, and purchase the same item.

With a few adjustments, companies can make timely offers of birthday gifts for friends, travel arrangements for event items, or the latest music from favorite artists - and make the sale without forcing the user to leave Facebook or put in new login information.

Rather than driving their 350 million users away from the platform to close the deal with retailers and purchase the item on an external platform, Facebook could benefit financially by charging companies a percentage of sales, a fixed rate to have a storefront, or from increased advertising opportunities.

Premium Subscription Options

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Finally, whether users like it or not, Facebook will do itself a long term disservice if it does not consider premium subscription options. Users (whether they are corporations or teenagers) are amenable to paying for even the simplest features and functionality, as evidenced by the success of Facebook gifts.

Nothing good in life is free. It's a stark, mature reality that Facebook (and its users) need to face in 2010. By leveraging economies of scale, Facebook can churn a sizable profit without alienating users. Would you pay one dollar a month to share higher-resolution photos or upload higher-quality or longer videos? Last month, 2.5 billion photos were uploaded to Facebook. Even if only a quarter of the site's active users opted for premium options, this one change would generate more than $1 billion in annual revenues.

Improving advertising, developing an e-commerce platform, and adding subscription services will not only generate the revenue necessary to make the transition from highly adopted to highly profitable, it will open revenue streams as Google did before for the next generation of digital developments.

More business resources from Mashable:

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- Social Media Marketing: How Pepsi Got It Right
- 5 Ways Small Businesses Can Avoid Social Media Panic
- HOW TO: Take Advantage of Social Media in Your E-mail Marketing
- HOW TO: Implement a Social Media Business Strategy
- 18 Online Productivity Tools for Your Business

Image courtesy of iStockphoto, peterspiro

Tags: advertising, business, e-commerce, facebook, MARKETING, monetization, monetizing, money, social media, social networks

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?

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.

The iPad is not the transformational device so many Apple enthusiasts were hoping for. It won't turn all the content industries upside down, it won't be your primary computing device, and it's not even a bigger, better iPhone.

Apple CEO Steve Jobs introduced the iPad as a device to fill the gap between smartphones like the iPhone and high-end laptops like the MacBook and MacBook Pro. He said there needs to be a middle device, but it needs to be better than the alternatives at what it does. Netbooks currently fill the void, but according to Jobs, netbooks aren't better at anything. He and his colleagues at Apple believe that the iPad is.

Apple's website and promotional video call the iPad magical. We're told the iPad is the best way to experience the web, email, photos, and videos. Hands down. But it's not it's not even close. It's mighty cool, it's super convenient, and it's very sexy, but it's not even better than a netbook at some of those things.

This isn't the middle device folks have been waiting for because and I'm using Steve Jobs's own criteria here it's not better at anything than any other device on the market. It's a step in that direction, but the day hasn't come yet. Here are just a few of the ways the iPad isn't as magical as Apple claims.

It's Not the Best Way to Browse the Web

Steve Jobs said it needs to be a better web device than the alternatives. The Apple website says it's the best way to experience the web. Some variation of that phrase is repeated several times in the promotional video Apple has released. But it's just not true.

It might be one of the best ways to browse the web on a mobile device, but laptop and desktop computers even netbooks are still better. Most current websites were designed to be experienced on those devices with a mouse and a keyboard. Maybe the mouse isn't necessary, but you don't have to pop up a software keyboard to type in URLs on a netbook or laptop. Even if you lug around the keyboard dock, it will be a tad awkward moving between the keys and the screen to interact. You're sacrificing some usability for simplicity on the iPad.

Most importantly, the iPad's browser does not support Adobe Flash, the foundation of rich media on the web today. Adobe is planning to make it possible for Flash developers to develop apps, but it won't work on the web.

I'll admit that the decision not to support Flash is a logical one if you start at the right premises; Flash is responsible for countless reported crashes on Macs, and Apple can't control it to ensure quality of experience. Apple is banking on a transition to HTML5 and CSS 3 for rich web content. While that transition has already begun, it hasn't fully happened yet. Until it does, it's ridiculous to call this device the best way to experience the web when one of the most ubiquitous and essential web technologies is not supported.

It's an Unprecedented Win for Closed Computing

Many of the software restrictions that drive people mad when they're using the iPhone are going to be just as frustrating on the iPad. All the device's content apps, songs, TV shows, movies, books, you name it can only be processed through Apple's iTunes Store.

You won't be able to drag and drop or share files with other computers like you can with your laptop on your home network. You won't be able to download a program or music file from the web and play it on the spot. You won't be able to use any application that doesn't meet Apple's strict approval guidelines. It's closed computing at its most extreme.

Unfortunately we've come to expect that from our smartphones. For a larger device that's supposed to replace your netbook as a complete portable computing solution, though, this is almost unprecedented at least from a device that's likely to have a great deal of influence on the market and on the design of future devices. That's bad news no matter how you spin it.

It's Not Really a Competitive eReader

The Kindle owns the eReader landscape right now, and the greatest expectation for the iPad was that it would bury the Kindle. While the iPad's reader interface is indisputably sweet-looking and the list of participating publishers is promising, there are several ways it just won't beat the Kindle.

The most important issue is the price. The Kindle costs $260; so do Barnes & Noble's Nook and the comparable Sony Reader. The Kindle even comes bundled with free 3G network access, though it admittedly can't do anywhere near as much with it as the iPad can.

But if you are considering the iPad primarily as a reader, that price difference is a big problem. Also a big problem: The lack of an e-ink display. E-ink doesn't wash your face in eye-strain-inducing light like the displays on the iPhone, the iPad, and laptop computers do. It's meant to be a soft experience, just like reading a book. Without e-ink, you might not be able to tolerate spending four straight hours reading Stephen King's latest on a regular display, cool IPS tech aside.

Finally, as impressive as 10 hours of battery life is for a multi-purpose device like the iPad, the Kindle can run in reading mode for a week without recharging longer if Wi-Fi is disabled. Because it's trying to do everything, the iPad isn't the best at anything.

It's Not Worth It If You Have a Smartphone and Laptop

If the iPad isn't a good option as a middle device, it ought to at least be attractive to power users and enthusiasts who already have other devices. Unfortunately, it's not.

It's not significantly better at anything than either your iPhone or your MacBook. It can't be used as your daily workhorse computer on the go, because just like the iPhone's OS 3.1.2 the iPad's OS 3.2 doesn't multitask. And if you already have an iPhone, you can do basic information gathering, mapping, and so on while you're on the go without spending an additional $29.99 per month for 3G service.

Further, your laptop or netbook very likely has a web cam for video conferencing, and your cell phone probably has a camera (or even video camera) for capturing images. The iPad has neither.

Since the interface is graceful and satisfying, you might want to buy it as an extra device just for the experience, but at between $499 $829, that's not practical for most consumers.

The Anti-Hype

The iPad isn't going to be a phenomenon with either netbook users or power users. It's not better than existing devices at anything, and it's too expensive for most people to use it as a secondary device. I might have said something different if the rumors that the iPad would be all about a new push in the content marketplace were true, but that didn't happen. Instead, we got a cool toy.

Tags: apple, Apple Tablet, ereader, ipad, Kindle, Opinion