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Wireless

Wireless

by Mike Masnick


Filed Under:
mvnos

Companies:
amp'd, helio, virgin mobile



Can We Close The Book On MVNOs Now?

from the or-will-they-rise-again? dept

Back in 2002, there was suddenly a lot of buzz about how MVNOs (Mobile Virtual Network Operators) were going to be the next big thing. The idea was that any brand could start offering mobile phone service just by slapping its brand on mobile phones that would work on someone else's network. Then you could have a company with a huge brand jumping into the mobile phone space, adding various "synergies" (gag) from other business lines, without having to worry about the technical infrastructure of running a mobile network. The problem, which really was sort of obvious from early on, was that no one could explain why anyone would want to buy mobile phone service from a non-mobile phone company. And, indeed, all of the "big brand" MVNOs died rather gruesome deaths.

The second generation of MVNOs were supposed to be different however. Names like Amp'd and Helio weren't building on existing brands, but planned to build up huge new brands by themselves, and would do so by focusing on the high end, offering all sorts of neat phones, applications and services that the big mobile operators were afraid to offer. Actually, the reality was that the big mobile phone operators knew enough to recognize that people just didn't want those things, which is why they weren't offered. Amp'd flamed out spectacularly, burning through $360 million and attracting a negligible number of customers.

And, now, Helio has basically given up the ghost as well, selling off to Virgin Mobile -- about the only mobile phone MVNO that has managed to hang in there. From the sound of it, Virgin basically was doing a favor to Helio, to make its initial backers (Earthlink and SK Telecom) save a little face, rather than just shutting down the service.

So, with this, can we officially declare the era of the MVNO over? Or will we see breathless reports a year or two from now from new analysts in the space claiming a great new market in "branded" mobile phone services?

8 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
creative commons, flickr

Companies:
virgin mobile



Turns Out You Can't Sue Creative Commons Because You Didn't Understand The CC License

from the still-cost-$15k dept

A few months ago we wrote about a somewhat bizarre lawsuit where the family of a teenager sued Creative Commons after a photo of the girl was used in an ad campaign by Virgin Mobile Australia. The details were a bit strange, and it appeared that the family (and its lawyer) were a bit confused themselves, leading them to sue parties that were not responsible at all. What happened was that a youth group counselor had taken a photo of the girl and posted it to Flickr with a Attribution 2.0 license -- meaning that anyone could use it, even for commercial purposes, so long as they gave credit for who took the photo. Virgin Mobile Australia then went and used the photo and others (with attribution) in a poster campaign for its mobile phone service. The girl later discovered all this when someone in Australia spotted the ad campaign with the Flickr URLs on the poster, and thought it was interesting enough to take a photo of the ad and put that up on Flickr. Her family then felt that she was being taken advantage of and found a lawyer who sued Virgin Mobile Australia, Virgin Mobile USA and Creative Commons. It's a stretch to think that even Virgin Mobile Australia has done anything wrong here (it followed the terms of the CC license), but there is simply no rationale for suing Virgin Mobile USA (a totally unrelated company to VMA) or Creative Commons. After all, Creative Commons hadn't done anything here other than exist.

If anything, the family could sue the photographer for posting the girl's photo with a CC license without permission -- but, instead, the family included the photographer as a plaintiff in the lawsuit. So, basically, they were suing CC because the photographer didn't understand the license he had chosen and he felt he deserved some money for his own misunderstanding as well. Thankfully, the family and its lawyer seem to have finally (after the fact) taken the time to realize that Creative Commons and Virgin Mobile USA have nothing to do with this lawsuit and have withdrawn the suit on those two firms (I assume the case against Virgin Mobile Australia will still continue). Unfortunately, however, their inability to figure this out before the lawsuit ended up costing Creative Commons approximately $15,000.

20 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
creative commons, flickr

Companies:
virgin mobile, yahoo



Creative Commons (And Virgin) Sued For Teen's Photo Being Used In Ad Campaign

from the sue,-sue,-sue dept

Stack writes in to let us know that the family of a teenager in Texas has sued Creative Commons, Virgin Mobile Australia and Virgin Mobile USA because Virgin Mobile Australia happened to use a photo of the girl in an ad campaign in Australia. The photo had been taken by the girl's youth counselor, who posted it on Flickr, with a Creative Commons license saying the photo could be used with attribution (the ad apparently includes the Flickr URL, so it appears to be following the terms). There are some bizarre parts to the story. It's not clear why they're suing Creative Commons, since the photographer (who is apparently suing as well) chose the license in question. If he didn't want to have the photo used, he shouldn't have picked a CC license (or should have picked a more restrictive CC license). It's certainly ridiculous to then blame CC because the guy didn't know what kind of license he was choosing or how it could be used. In fact, the original photo is still using a CC Attribution 2.0 Generic license. You would think before suing the guy would have at least changed the license. It also doesn't make any sense that the family is suing Virgin Mobile USA. It's an entirely separate company from Virgin Mobile Australia. Also, the family says that they're quite upset because people can now "Google" their daughter. Yet, the ad doesn't have her name, and the photo was put online by the youth counselor, so it's not clear how they could be Googling the ad (and, of course, by suing, the family is only drawing a lot more attention to the ad). Finally, the family is complaining that this is defamatory and somehow insulting -- yet it's difficult to see how the ad can be construed as insulting. It's hard to see such a case getting very far -- though, it is interesting to see that Virgin Mobile was using CC Flickr photos in their ad campaign.

45 Comments | Leave a Comment..

 
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