I will not use an electronic bulletin board system, Internet relay chat channel, DCC chat channel, instant messaging, newsgroup, user group, peer to peer (e.g.Napster, Gnutella, Freenet, etc).

Q: Can you show me where on [the Guidelines] [Hall] is not allowed to use social networking sites?

S.O.: Yes, No. 13. I will not use any electronic bulletin board system[s] and social networking [is] underneath bulletin board system[s] because [users] can post comments and that's what a bulletin board system is.

Q: The end of paragraph 13 it gives examples of Napster, Gnutella, Freenet. Does not say Facebook, does it?

S.O.: It is so broad. There [are] thousands and thousands.

Q: Everybody knows Facebook. It doesn't say Facebook, does it?

S.O.: This is a little older. It-but it's a category of bulletin board systems which is what all networking systems are.

Wallace, who was ordered by U.S. District Court Judge Jeremy Fogel in 2009 not to access Facebook, was also charged with violating that order by accessing the social network on an airline flight from Las Vegas to New York in April 2009 and by maintaining an account under the name David Sinful-Saturdays Fredericks for a few weeks earlier this year.

Plaintiff continued to receive text message notifications from Defendant. At some point Plaintiff decided that he no longer wanted to receive text message notifications on his cellular telephone from Defendant.
Plaintiff then responded to Defendant’s last text message notification by replying “stop.”

At this point, Plaintiff withdrew any type of express or implied consent to receive text message notification to his cellular telephone.

In response to receiving this revocation of consent, Defendant then immediately sent another, unsolicited, confirmatory text message to Plaintiff’s cellular telephone.

What went wrong? A lot of folks will be relaying the tactics of things done and not done at MySpace. As well as tactics done and not done at Facebook. But underlying all those tactics was a very simple management mistake News Corp. made. News Corp tried to guide MySpace, to add planning, and to use “professional management” to determine the business’s future. That was fatally flawed when competing with Facebook which was managed in White Space, letting the marketplace decide where the business should go.

...the brilliance of Mark Zuckerberg was his willingness to allow Facebook to go wherever the market wanted it. Farmville and other social games -- why not? Different ways to find potential friends -- go for it. The founders kept pushing the technology to do anything users wanted. If you have an idea for networking on something, Facebook pushed its tech folks to make it happen. And they kept listening. And looking within the comments for what would be the next application -- the next promotion -- the next revision that would lead to more uses, more users and more growth.

And that's the nature of White Space management. No rules. Not really any plans. No forecasting markets. Or foretelling uses. No trying to be smarter than the users to determine what they shouldn't do. Not prejudging ideas so as to limit capability and focus the business toward a projected conclusion. To the contrary, it was about adding, adding, adding and doing whatever would allow the marketplace to flourish. Permission to do whatever it takes to keep growing. And resource it as best you can -- without prejudice as to what might work well, or even best. Keep after all of it. What doesn't work stop resourcing, what does work do more.

Contrarily, at NewsCorp the leaders of MySpace had a plan. NewsCorp isn't run by college kids lacking business sense. Leaders create Powerpoint decks describing where the business will head, where they will invest, how they will earn a positive ROI with projections of what will work -- and why -- and then plans to make it happen. They developed the plan, and then worked the plan. Plan and execute. The professional managers at News Corp looked into the future, decided what to do, and did it. They didn't leave direction up to market feedback and crafty techies -- they ran MySpace like a professional business.

And how'd that work out for them?

MySpace demonstrates a big fallacy of modern management. The belief that smart MBAs, with industry knowledge, will perform better. That "good management" means you predict, you forecast, you plan, and then you go execute the plan.... Big failures -- like Circuit City, AIG, Lehman Brothers, GM -- are full of extremely bright, well educated (Harvard, Stanford, University of Chicago, Wharton) MBAs who are prepared to study, analyze, predict, plan and execute. But it turns out their crystal ball is no better than -- well -- college undergraduates.

Officer Criss . . . noted [defendants] were friends on MySpace. Mr. Owens was pictured in two photographs on Mr. McCraney's MySpace page. In one of the photographs, Mr. Owens was wearing all black and he was standing with several other people who were wearing all black, or black and red. Further, several of the people in the photograph were displaying gang hand signs. The other photograph from Mr. McCraney's page depicted [defendants, along with] a known gang member.

Officer Criss also discussed photographs taken from Mr. Owens' own MySpace page. One of the photographs depicted Mr. Owens in a red hat and a fur coat. Officer Criss said this was significant because red is a gang color and the fur coat is a status symbol in the gang community. In addition, Mr. Owens' gold teeth were also alluded to as being a status symbol. Another photograph from Mr. Owens' MySpace page depicted Mr. Owens holding a large sum of cash and wearing red and black clothing. Further, dollar signs are superimposed all over the photograph. Again Officer Criss stated that red and black are associated with the Bloodline gangs and the money symbols and the display of a large amount of cash represented that Mr. Owens was able to get large sums of money.

Essentially, the majority's decision allows one to conclude that someone actively participates in a criminal gang if that person has committed theft or drug crimes in the past, wears one color associated with a gang, and associates with people who are in a gang or who make gang hand signs. I also find it troubling that the majority suggests that despite the lack of evidence concerning the significant indicators of participation in gang activity, the gap in the evidence is satisfied simply because an officer stated that he believed Mr. Owens actively participated in a criminal gang.

The first bad decision was to use a caller-ID spoofer to make it look like the collection call was coming from plaintiff's mother in law. The next not-smart use of technology was to access plaintiff's MySpace page, learn that plaintiff had a daughter, and to use that fact to intimidate plaintiff. There was evidence in the record to suggest that the collection agency's "investigator" said to plaintiff, after mentioning plaintiff's "beautiful daughter," something to the effect of "wouldn't it be terrible if something happened to your kids while the sheriff's department was taking you away?"

"I support changes clarifying and strengthening the law to hold websites accountable when they knowingly enable or promote illegal activity."

The logical extension of what Blumenthal & Co say they want is a world where even they couldn't use Facebook, Twitter and Flickr to connect with their constituents, for fear that one of them (or their political enemies) would plant incriminating material they could then be sued over.

And even if they were successful, and didn't care about that consequences, would ads for prostitution disappear from the face of the earth? Not likely. The same ads that Craigslist is pilloried for dominate the back pages of alternative weeklies. The printed Yellow Pages carries ads for "Escort Services." You can find them in the Village Voice-owned Backpages.com. And beyond the media world, it's not very hard to find "Massage" parlors in any major U.S. city, where I'd venture to guess, you are more likely to find human-trafficking than you were anywhere on Craigslist. And back in the relative shadows from whence they came would only exploiters of women and children would only have more power.

The collateral damage of a wrong-headed pursuit Craigslist is an assault on the open internet itself.

"Every pimp has a MySpace page," Frundt testified, adding that ads also show up on Backpages.com. "Every john uses a john board and posts information on where to buy children."

"This has been going on for many years. We must do something about our children being sold on the internet."

I knew in my heart that I didn't know him . . . I should have at least said that . . . he was on MySpace, which really [wasn't] important, I didn't think.

However, whaddaya know? After 30 odd fruitless emails, A Girl Like You is now available in full on the myspace player! So, todays lesson is simple:

THE MOST POWERFUL DEPARTMENT IN ANY ORGANISATION IS THE PRESS OFFICE.
The whole sad world runs scared of bad publicity, especially from a righteous source like Edwyn Collins.

Warner Music Group has no connection with Edwyn whatsoever and yet they are still corporately arrogant enough to steal Edwyn's copyright and God knows what else from others. A guy from myspace advised me to treat their copyright department with kid gloves if I wanted a result. It didn't work. If the shoe was on the other foot they'd have been down on us like a ton of bricks. The next time a major tries to take ANYONE to court for copyright infringment, I'm volunteering my services as a witness for the defense.