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<title>Techdirt. Stories filed under &quot;browsers&quot;</title>
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<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;browsers&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 29 Sep 2011 13:52:04 PDT</pubDate>
<title>Is Amazon's New Silk 'Cloud' Browser A Huge Copyright Infringement Lawsuit Waiting To Happen?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110929/02393716133/is-amazons-new-silk-cloud-browser-huge-copyright-infringement-lawsuit-waiting-to-happen.shtml</link>
<guid>http://www.techdirt.com/articles/20110929/02393716133/is-amazons-new-silk-cloud-browser-huge-copyright-infringement-lawsuit-waiting-to-happen.shtml</guid>
<description><![CDATA[ There's been plenty of fanfare over Amazon's new Android-based e-reader, the Kindle Fire, with one interesting feature being the new <a href="http://amazonsilk.wordpress.com/2011/09/28/introducing-amazon-silk/" target="_blank">Silk browser</a>, which is differentiated by the fact that it's built on top of Amazon's cloud web services storage, allowing it to effectively cache and optimize content on its own servers.  But this raises a big question.  As Stephan Kinsella points out, <a href="http://c4sif.org/2011/09/is-amazons-silk-browser-a-copyright-pirate/" target="_blank">technically, this may be copyright infringment</a>.  First up, here's Amazon's video explanation of the browser:
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/_u7F_56WhHk?rel=0" frameborder="0" allowfullscreen></iframe>
</center>
Based on the info in that video, Kinsella explains the legal concerns:
<blockquote><i>
One smart thing Silk does to speed up web browsing as seen by the user of the Kindle Fire by &ldquo;pre-loading&rdquo; content into Amazon&rsquo;s &ldquo;cache&rdquo; in its own &ldquo;Amazon computer cloud&rdquo; (i.e. Amazon&rsquo;s servers)&ndash;and to optimize them for the Kindle Fire (e.g., a 3MB image is scaled down maybe to 50k because that would look the same on the Kindle Fire as a 3MB image, but could be transmitted more quickly). But to do this Amazon&rsquo;s servers have to store copies of files obtained from other websites, including images (as explicitly stated at 3:07 to 3:26) and other files which, of course, are covered by copyright. At 3:54, it&rsquo;s explained that if Amazon&rsquo;s computing cloud sees you looking at the New York Times home page, and it predicts, based on other user statistics, that you are somewhat likely to next click on some NY Times subpage link, then the Amazon servers will go ahead and download that next link, and cache it, in case you do click on it next, so that it can serve it up more quickly. Now this makes sense technically, but what it really means is Amazon&rsquo;s servers are making copies of other people&rsquo;s copyright-protected content: images, files, NYTimes web pages, and serving them up to Kindle Fire users as if the Amazon computer cloud servers are the host of those images. It is a bit like if Amazon ran a site called NYTimes2.com, and had its servers constantly copying content from NYtimes.com and duplicating it on NYTimes2.com, and serving up the content on NYTimes2.com (which was copied from NYTimes.com) to browsers.
</i></blockquote>
Of course, as he notes (and as the people in the video note), this makes tremendous <i>technological sense</i>.  It makes for a much better experience.  But copyright can and often is used to stop innovations that make tremendous technological sense, because they can upset legacy business models.  Of course, one could argue that what Amazon is doing here is no different than what Google does with it's cache -- but that might not stop a potential legal fight, unfortunately.<br /><br /><a href="http://www.techdirt.com/articles/20110929/02393716133/is-amazons-new-silk-cloud-browser-huge-copyright-infringement-lawsuit-waiting-to-happen.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110929/02393716133/is-amazons-new-silk-cloud-browser-huge-copyright-infringement-lawsuit-waiting-to-happen.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110929/02393716133/is-amazons-new-silk-cloud-browser-huge-copyright-infringement-lawsuit-waiting-to-happen.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>caching</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110929/02393716133</wfw:commentRss>
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<pubDate>Tue, 6 Sep 2011 22:18:05 PDT</pubDate>
<title>Paxfire Sues The Lawyers And Individual Who Filed A Class Action Lawsuit Over Its Search Redirects</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110906/03371515808/paxfire-sues-lawyers-individual-who-filed-class-action-lawsuit-over-its-search-redirects.shtml</link>
<guid>http://www.techdirt.com/articles/20110906/03371515808/paxfire-sues-lawyers-individual-who-filed-class-action-lawsuit-over-its-search-redirects.shtml</guid>
<description><![CDATA[ Well, well.  Following a research paper that claimed that a company named Paxfire was teaming up with some ISPs to <a href="http://www.techdirt.com/articles/20110805/12081115406/isps-accused-hijacking-search-terms-redirecting-browser-results-to-marketers-websites.shtml">hijack search terms</a> and take people directly to certain websites, a class action lawsuit was quickly filed.  Paxfire wasted little time in <a href="http://www.techdirt.com/articles/20110809/17305215460/paxfire-responds-says-it-doesnt-hijack-searches-will-seek-sanctions-against-lawyers.shtml">responding angrily</a> that the basis of the lawsuit was completely wrong, and saying that it would seek sanctions against the lawyers for filing it in the first place.  Now the company has taken things even further and <a href="http://www.prweb.com/releases/2011/9/prweb8765163.htm" target="_blank">filed a countersuit against the law firm</a>, Milberg LLP, as well as the individual, Betsy Feist, who as a client of Milberg, was the official person who kicked off the attempted class action lawsuit.  Paxfire is charging, as you might imagine, both defamation and tortious interference -- and is demanding a whopping $50 million. It should be interesting to see what happens next.  The thing with these kinds of lawsuits is that they do expose to the world certain things, so if Paxfire can't back up its claims, then it's going to be in a world of hurt.<br /><br /><a href="http://www.techdirt.com/articles/20110906/03371515808/paxfire-sues-lawyers-individual-who-filed-class-action-lawsuit-over-its-search-redirects.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110906/03371515808/paxfire-sues-lawyers-individual-who-filed-class-action-lawsuit-over-its-search-redirects.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110906/03371515808/paxfire-sues-lawyers-individual-who-filed-class-action-lawsuit-over-its-search-redirects.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can-it-back-it-up?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110906/03371515808</wfw:commentRss>
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<item>
<pubDate>Wed, 10 Aug 2011 06:25:22 PDT</pubDate>
<title>Paxfire Responds: Says It Doesn't Hijack Searches, Will Seek Sanctions Against Lawyers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110809/17305215460/paxfire-responds-says-it-doesnt-hijack-searches-will-seek-sanctions-against-lawyers.shtml</link>
<guid>http://www.techdirt.com/articles/20110809/17305215460/paxfire-responds-says-it-doesnt-hijack-searches-will-seek-sanctions-against-lawyers.shtml</guid>
<description><![CDATA[ Last week, we wrote about a lawsuit filed against Paxfire for supposedly teaming up with ISPs <a href="http://www.techdirt.com/articles/20110805/12081115406/isps-accused-hijacking-search-terms-redirecting-browser-results-to-marketers-websites.shtml" target="_blank">hijacking</a> browser searches for profit.  The idea was that search terms never made it to the search engine in question, but rather automatically directed users to pages paid for by marketers.  That is, if you searched for "Apple" via your browser search, rather than having that search Bing (if Bing is your search engine) for "Apple," it would automatically take you to an Apple page -- and the search would never even touch Bing.  The story was based on a New Scientist story about some researchers <a href="http://www.newscientist.com/article/dn20768-us-internet-providers-hijacking-users-search-queries.html?" target="_blank">highlighting these practices</a> and a class action lawsuit filed over the practices.  New Scientist has updated the story to note that:
<blockquote><i>
 all the ISPs involved have now called a halt to the practice. They continue to intercept some queries &ndash; those from Bing and Yahoo &ndash; but are passing the searches on to the relevant search engine rather than redirecting them.
</i></blockquote>
However, Paxfire's CEO sent us an email in which he not only refutes the entire story, but claims that he's planning to seek Rule 11 sanctions against the lawyers who filed the class action lawsuit:
<blockquote><i>
This lawsuit is without merit, and harmful to our business and that of our partners. Let me respond to the two major accusations in the lawsuit.
<br /><br />
"First, the lawsuit alleges that Paxfire collects, analyzes and sells user information. This is completely false and has absolutely no basis in fact.
<br /><br />
"Paxfire does not and has never distributed or sold any information on users, either individually or collectively. Paxfire does not analyze end user searches, does not hold any history or database of user browsing or search, and does not profile users in any way. Moreover, Paxfire has no plans to change this policy. To repeat: We never, ever collect, monitor, store or sell personal data on users, collectively or as individuals, and we never have.
<br /><br />
"Second, Paxfire does not hijack searches or 'impersonate search engines.'
<br /><br />
"This would be fundamentally contrary to our service mission, which is to improve the user experience by helping users arrive at their intended website after having mistyped a web address. We are all about helping customers navigate the web, and not about searches. We partner closely with our ISP customers to ensure the service is operated not only in full accordance with the law and end user agreements, but also in a way that provides a good user experience. For example, when we have to guess the intended destination from a bad address, our results page includes an explanation of how they landed there and provides an option to opt-out of the service.
<br /><br />
"Finally, we want to make clear that while it is without merit, this lawsuit and its allegations are extremely harmful to our reputation and those of our partners. Under Rule 11 of the Federal Rules of Civil Procedure, a party has an obligation to ensure a foundation for his or her allegations. Clearly, this was not done adequately by the plaintiff in this case. Accordingly, Paxfire intends to seek the full sanctions available to it under the law, to vindicate the organization and to make it whole from the damages caused by this lawsuit.
</i></blockquote>
It appears that they're saying they didn't hijack searches so much as hijack <i>typo</i> searches, and they claim they do it nicely.  I guess we'll find out the details as any lawsuit goes on, but I find it highly unlikely that even if Paxfire prevails that it will be able get Rule 11 sanctions.  It's pretty rare for such sanctions to be used, and the conduct has to be pretty egregious.<br /><br /><a href="http://www.techdirt.com/articles/20110809/17305215460/paxfire-responds-says-it-doesnt-hijack-searches-will-seek-sanctions-against-lawyers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110809/17305215460/paxfire-responds-says-it-doesnt-hijack-searches-will-seek-sanctions-against-lawyers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110809/17305215460/paxfire-responds-says-it-doesnt-hijack-searches-will-seek-sanctions-against-lawyers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>then-what-does-it-do?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110809/17305215460</wfw:commentRss>
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<item>
<pubDate>Fri, 5 Aug 2011 14:36:15 PDT</pubDate>
<title>ISPs Accused Of Hijacking Search Terms, Redirecting Browser Results To Marketer's Websites</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110805/12081115406/isps-accused-hijacking-search-terms-redirecting-browser-results-to-marketers-websites.shtml</link>
<guid>http://www.techdirt.com/articles/20110805/12081115406/isps-accused-hijacking-search-terms-redirecting-browser-results-to-marketers-websites.shtml</guid>
<description><![CDATA[ It's really quite stunning that ISPs and marketers haven't yet realized that hijacking users' browser functions and redirecting them for marketing purposes could get them into serious trouble.  They just keep <a href="http://www.techdirt.com/articles/20100428/1522149225.shtml">doing it</a>.  The latest involves "more than 10 ISPs" in the US who have been secretly <a href="http://www.newscientist.com/article/dn20768-us-internet-providers-hijacking-users-search-queries.html?" target="_blank">hijacking search terms and redirecting users directly to marketers' websites</a>.  That is, if you typed "apple" into a browser search box, the service could take you directly to Apple's website, rather than to search results.  In this case, the search query <i>never even reaches your search engine of choice</i>, being intercepted by the ISP, via a partner called Paxfire.   Christian Kreibich and Nicholas Weaver, at Berkeley, discovered this and have been tracking it for a few months.  Apparently, they found 165 search terms being used in this manner, including: "apple" and "dell" and "safeway" and "bloomingdales."
<br /><br />
From the article, it's not clear if the companies such as those listed above are actually responsible.  Instead, it looks like it may be part of an affiliate program, whereby a company signs up as an affiliate to such stores, then uses this kind of deal with an ISP to generate massive affiliate fees, some of which get kicked back to the ISP.
<br /><br />
The report notes that Google became aware of this earlier this year and complained privately about it (why not publicly?).  That resulted in the ISPs no longer intercepting Google traffic (which is the majority of search traffic), but it's still pretty questionable.  Either way, the excellent New Scientist report (linked above) also notes that a class action lawsuit has already been filed here, claiming that this violates the Wiretap Act.
<br /><br />
What's most amazing to me, however, is that anyone involved in schemes like this don't think that it will eventually come out, and that they'll (a) look terrible and (b) get sued.<br /><br /><a href="http://www.techdirt.com/articles/20110805/12081115406/isps-accused-hijacking-search-terms-redirecting-browser-results-to-marketers-websites.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110805/12081115406/isps-accused-hijacking-search-terms-redirecting-browser-results-to-marketers-websites.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110805/12081115406/isps-accused-hijacking-search-terms-redirecting-browser-results-to-marketers-websites.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>yikes</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110805/12081115406</wfw:commentRss>
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<item>
<pubDate>Wed, 1 Dec 2010 03:47:05 PST</pubDate>
<title>How YouPorn Tries To Hide That It's Spying On Your Browsing History</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101130/21535012065/how-youporn-tries-to-hide-that-its-spying-your-browsing-history.shtml</link>
<guid>http://www.techdirt.com/articles/20101130/21535012065/how-youporn-tries-to-hide-that-its-spying-your-browsing-history.shtml</guid>
<description><![CDATA[ There's a fair bit of attention being paid to a Forbes article about some new research concerning how a bunch of websites, including YouPorn, are <a href="http://blogs.forbes.com/kashmirhill/2010/11/30/history-sniffing-how-youporn-checks-what-other-porn-sites-youve-visited-and-ad-networks-test-the-quality-of-their-data/" target="_blank">exploiting a simple security hole to see what other sites you've visited</a>:
<blockquote><i>
How does it work? It's based on your browser changing the color of links you've already clicked on. A script on the site exploits a Web privacy leak to quickly check and see whether your browser reveals that the links to a host of other porn sites have been assigned the color "purple," meaning you've clicked them before.
</i></blockquote>
This isn't a huge surprise, but what I found most fascinating was how YouPorn sought to <i>hide</i> this bit of javascript by "encrypting" it.  And by "encrypting" it, I mean switching letters one letter up in the alphabet.  As Kashmir Hill explains:
<blockquote><i>
The script on YouPorn&rsquo;s site that checks a user&rsquo;s history (which you can see for yourself by going to the site and checking out its html with &ldquo;View Source&rdquo;) looks like this:</p>
<pre>&lt;script type="text/javascript"&gt;
function ypol(){var k={0:"qpsoivc/dpn",1:"sfeuvcf/dpn",
2:"bevmugsjfoegjoefs/dpn",3:"ywjefpt/dpn",4:"uvcf9/dpn",
5:"yoyy/dpn",6:"nfhbqpso/dpn",7:"nfhbspujd/dpn",
8:"yibntufs/dpn",9:"bxfnqjsf/dpn",10:"sfbmjuzljoht/dpn",
11:"csb{{fst/dpn",12:"yuvcf/dpn",13:"cbohcspt2/dpn",
14:"gmjoh/dpn",15:"gsffpoft/dpn",16:"nzgsffqbztjuf/dpn",
17:"efcpobjscmph/dpn",18:"qbztfswf/dpn",19:"nbyqpso/dpn",
20:"wjefpt{/dpn",21:"bfco/ofu",22:"qpsopsbnb/dpn"};
var g=[];for(var m in k){var d=k[m];
var a="";for(var f=0;f&lt;d.length;f++)
{a+=String.fromCharCode(d.charCodeAt(f)-1)}var h=false;
for(var j in {"http://":"","http://www.":""})
{var l=document.createElement("a");
l.href=j+a;document.getElementById("ol").appendChild(l);
var e="";if(navigator.appName.indexOf("Microsoft")!=-1){e=l.currentStyle.color}
else{e=document.defaultView.getComputedStyle(l,null).getPropertyValue("color")}
if(e=="rgb(12, 34, 56)"||e=="rgb(12,34,56)"){h=true}}if(h){g.push(m)}}
var b=(g instanceof Array)?g.join(","):"";var c=document.createElement("img");
c.src="http://ol.youporn.com/blank.gif?id="+b;document.getElementById("ol").appendChild(c)}ypol();
&lt;/script&gt;</pre>
<p>That list of gibberish contains the sites that YouPorn is checking to see if you&rsquo;ve visited, but disguises them with a bit o&rsquo; simple cryptography. Dial back each letter by one, so &ldquo;qpsoivc/dpn&rdquo;, for example, becomes &ldquo;pornhub.com.&rdquo;</p>
</i></blockquote>
What's amazing is that anyone actually thought this was a worthwhile move.  It's not that hard to "decrypt" and it's almost obvious to the naked eye because it's not too difficult to figure out how the "encryption" (and I use that word loosely) works just by noticing all the terms that end in /dpn.  You'd think even a rot-13 would throw a few more people off the scent.<br /><br /><a href="http://www.techdirt.com/articles/20101130/21535012065/how-youporn-tries-to-hide-that-its-spying-your-browsing-history.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101130/21535012065/how-youporn-tries-to-hide-that-its-spying-your-browsing-history.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101130/21535012065/how-youporn-tries-to-hide-that-its-spying-your-browsing-history.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>what,-no-rot-13?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101130/21535012065</wfw:commentRss>
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<item>
<pubDate>Thu, 4 Nov 2010 12:27:57 PDT</pubDate>
<title>Does Capital One Offer Different Loan Rates Based On Your Browser Software?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101104/03394911719/does-capital-one-offer-different-loan-rates-based-on-your-browser-software.shtml</link>
<guid>http://www.techdirt.com/articles/20101104/03394911719/does-capital-one-offer-different-loan-rates-based-on-your-browser-software.shtml</guid>
<description><![CDATA[ Consumerist is pointing to the claims of a guy who noticed that Capital One <a href="http://consumerist.com/2010/11/capital-one-made-me-different-loan-offers-depending-on-which-browser-i-used.html" target="_blank">offered him really different car loan rates, depending on which browser he was using</a>.  He was using Firefox, and saw a rate of 3.5%.  That was different than a rate promised to him in an email, so he thought perhaps the calculator wasn't working properly in Firefox (since he was using the beta version of Firefox 4).  So he opened up Safari... and got a rate of 2.7%.  Then he checked chrome: 2.3% and Opera: 3.1%.  No word on how much more (and you know it would be more) you'd have to pay if you used IE.
<br /><br />
I just tried it myself and saw the same thing.  Here's the <a href="http://www.capitalone.com/autoloans/help-center/loan-rates.php" target="_blank">loan rate page</a> if you'd like to try for yourself.  For me, it's 3.5% in Firefox and 2.7% in Chrome.  I found an old machine that still has IE... and it's actually showing the same Firefox rate of 3.5%.  I also checked it out with Dolphin Browser on my Android phone... and got offered a 2.3% rate.  It's kind of strange.  A commenter on the Consumerist article suggests it's random -- saying that if you reload, you get different rates, but that doesn't appear to be the case for me.  It might be that the initial display is somewhat random however, though that does seem like incredibly misleading advertising from Capital One...<br /><br /><a href="http://www.techdirt.com/articles/20101104/03394911719/does-capital-one-offer-different-loan-rates-based-on-your-browser-software.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101104/03394911719/does-capital-one-offer-different-loan-rates-based-on-your-browser-software.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101104/03394911719/does-capital-one-offer-different-loan-rates-based-on-your-browser-software.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>give-IE-users-the-sucker's-rate</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101104/03394911719</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 25 Oct 2010 12:55:22 PDT</pubDate>
<title>Mark Cuban: It's Okay For Broadcasters To Block Access Based On Browsers, Because They're Making Billions</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101022/17112211553/mark-cuban-it-s-okay-for-broadcasters-to-block-access-based-on-browsers-because-they-re-making-billions.shtml</link>
<guid>http://www.techdirt.com/articles/20101022/17112211553/mark-cuban-it-s-okay-for-broadcasters-to-block-access-based-on-browsers-because-they-re-making-billions.shtml</guid>
<description><![CDATA[ Like many tech sites, we recently wrote about the fact that the various TV networks were <a href="http://www.techdirt.com/articles/20101022/01384511535/if-google-tv-has-to-pay-to-make-hulu-available-to-viewers-will-mozilla-have-to-pay-to-access-hulu-via-firefox.shtml">discriminating based on the browser</a>, blocking access to Google TV's browser, because they don't want people to watch the shows they're already giving away for free online on their TV (even though it's easy enough to just hook up a computer to a TV and watch via your preferred browser of choice).  <a href="http://twitter.com/#!/marshallk/status/28448915249" target="_blank">Marshall Kirkpatrick</a> pointed us to the fact that Mark Cuban decided to <a href="http://newteevee.com/2010/10/22/broadcasters-block-google-tv-but-cant-stop-the-future/#comment-310404" target="_blank">respond to Newteevee's article on the subject</a>, in which the author of the original article reasonably pointed out that this was a braindead strategy by the networks, who were shooting themselves in the foot.
<br /><br />
Cuban called this analysis "moronic," noting that the networks are making billions in fees from cable and satellite companies, and why should they put that at risk:
<blockquote><i>
What is at stake is the financial relationships between broadcast networks and tv providers and broadcast networks and their affiliates.
<br /><br />
Broadcast nets are now getting BILLIONS of dollars from TV providers. Money they didnt get just 3 years ago. For some, just 2 years ago.
<br /><br />
So in the last 24 months they take billions from tv providers (directv,comcast, etc) and you think its smart to give those customers of their the finger and offer the same product online ?
<br /><br />
thats moronic
</i></blockquote>
Now, that's a very similar argument to the one made by venture capitalist Bill Gurley earlier this year, who suggested that <a href="http://www.techdirt.com/articles/20100502/2227179270.shtml">TV would beat the internet</a> because of the amount of money the networks were making from cable and satellite providers.  The amounts were just too high.
<br /><br />
And while Mark Cuban is a billionaire owner of a TV network, I think he's blinded by his own prejudices here.  Yes, it's true that the networks are making mad cash from cable and satellite TV providers.  But the fallacy is believing that these numbers are sustainable <i>and</i> ignoring consumer preference.  While the TV folks are living in a <a href="http://www.techdirt.com/articles/20100823/01204410723.shtml">world of denial</a> that people won't shift to using the internet to watch TV, consumers are actually moving away from expensive TV deals, and the more they do that, the less willing cable and satellite providers will be to pay huge dollar amounts for programming.  The billions of dollars are a blip.  A hugely profitable, impossible-to-want-to-lose blip but a blip nonetheless.  It's not sustainable because it goes against what consumers want, and in the long term, it'll go away.  The reason the billions of dollars are there is because consumers paid that money, but they're increasingly unhappy with what they're getting for it, and they'll increasingly seek alternatives, and then that billion dollars goes elsewhere.
<br /><br />
In a separate blog post, Cuban complains that it's "the dumbest idea ever" that networks should <a href="http://blogmaverick.com/2010/10/22/how-google-tv-could-hand-netflix-the-entire-streaming-universe/" target="_blank">give Google its shows for free</a>.  Except, um, that shows a fundamental misunderstanding of the situation.  Google's not taking the shows.  Google is providing a <i>browser</i> to the <i>internet</i>.  The same thing that you could do with Firefox if you hooked up your computer to your TV.

So, yes, for now the folks in the TV world want to milk it, but at some point they need to realize that the more they do to piss off their viewers, the more trouble they'll be in down the road.<br /><br /><a href="http://www.techdirt.com/articles/20101022/17112211553/mark-cuban-it-s-okay-for-broadcasters-to-block-access-based-on-browsers-because-they-re-making-billions.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101022/17112211553/mark-cuban-it-s-okay-for-broadcasters-to-block-access-based-on-browsers-because-they-re-making-billions.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101022/17112211553/mark-cuban-it-s-okay-for-broadcasters-to-block-access-based-on-browsers-because-they-re-making-billions.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ok,-let's-tackle-this-one</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101022/17112211553</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 22 Oct 2010 08:29:51 PDT</pubDate>
<title>If Google TV Has To Pay To Make Hulu Available To Viewers, Will Mozilla Have To Pay To Access Hulu Via Firefox?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101022/01384511535/if-google-tv-has-to-pay-to-make-hulu-available-to-viewers-will-mozilla-have-to-pay-to-access-hulu-via-firefox.shtml</link>
<guid>http://www.techdirt.com/articles/20101022/01384511535/if-google-tv-has-to-pay-to-make-hulu-available-to-viewers-will-mozilla-have-to-pay-to-access-hulu-via-firefox.shtml</guid>
<description><![CDATA[ Ah, Hulu.  The online TV streaming service has been leading a life of contradiction from day one.  It's been trying to build a service that can successfully "compete with free," while being owned by the TV companies, who are scared to death of cannibalizing their own business.  We've discussed in the past how this puts Hulu in <a href="http://www.techdirt.com/articles/20100630/13034310026.shtml">an impossible position</a>.  The fact that it regularly has to have its engineers <a href="http://www.techdirt.com/articles/20100527/1615069606.shtml">block access</a> to any device or software that surfs the web over a TV is just one ridiculous example.  Danny Sullivan perhaps sums it up best in his <a href="http://searchengineland.com/life-with-google-tv-my-first-day-impressions-53471" target="_blank">review of Google TV</a>, after discovering that Hulu is (of course) blocking access to anyone using Google TV:
<blockquote><i>
Hey Hulu -- you kind of suck. I'm not trying to access you from Google TV. I'm trying to access you using a web browser, which just happens to run through Google TV. Explain to me again why if I hook my computer up to my TV, and navigate to Hulu to watch the shows you offer for free, that's OK. But if I use my Google TV computer, that same free content is verboten -- and the only way for me to get to it is if in the future, you decide to make the free content available through your not-so-free $10 per month Hulu Plus service that's not even available beyond special invites on your own site.
<br /><br />
Here's a thought. Enough of blocking Google TV and apparently other services like Boxee. Either block EVERYONE on the web or block no one, because in the end, you turn people who love you when they reach you on their computers (like me) into people who hate you when they're blocked in other places (like me).
</i></blockquote>
Admittedly, Hulu is apparently getting pressure from the TV companies to do these blocks, but it still makes no sense.  All things like Boxee and Google TV are doing is providing a browser.  As Danny notes, if I just hooked up my laptop to the same TV, I could watch Hulu just fine.  Why is it a problem if it's using a different piece of hardware?  It makes no sense.
<br /><br />
Of course, Google is now <a href="http://www.reuters.com/article/idUSTRE69K5QS20101022" target="_blank">negotiating with the networks</a> to "allow" their content to be viewed on Google TV.  Is it just me or is this extremely troubling?  How would people react if, say, the New York Times suddenly announced that it would not be viewable on <i>Dell computers</i> or in Firefox, unless Dell or Mozilla paid up?  People would go nuts.  Yet, that's <i>exactly</i> what is happening here.
<br /><br />
In the meantime, we've already covered Hulu's <a href="http://www.techdirt.com/articles/20100629/13281010005.shtml">ridiculous paywall plans</a>, which even the company admits <a href="http://www.techdirt.com/articles/20100830/04083310820.shtml">completely suck</a>.  Rumors are now spreading that so few people are interested in getting pretty much nothing for $10/month, that Hulu is now planning to <a href="http://mediamemo.allthingsd.com/20101021/hulu-plus-take-two-hows-4-95-a-month/" target="_blank">cut the fee in half</a>.  Of course, if they're blocking access to random browsers for whatever ridiculous reason (and still not going ad free), then why would anyone pay?<br /><br /><a href="http://www.techdirt.com/articles/20101022/01384511535/if-google-tv-has-to-pay-to-make-hulu-available-to-viewers-will-mozilla-have-to-pay-to-access-hulu-via-firefox.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101022/01384511535/if-google-tv-has-to-pay-to-make-hulu-available-to-viewers-will-mozilla-have-to-pay-to-access-hulu-via-firefox.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101022/01384511535/if-google-tv-has-to-pay-to-make-hulu-available-to-viewers-will-mozilla-have-to-pay-to-access-hulu-via-firefox.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>yeah,-that'll-work</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101022/01384511535</wfw:commentRss>
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<item>
<pubDate>Tue, 3 Aug 2010 08:02:35 PDT</pubDate>
<title>Microsoft Debated Privacy vs. Advertisers In Internet Explorer... And Advertisers Won</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100802/13325810455.shtml</link>
<guid>http://www.techdirt.com/articles/20100802/13325810455.shtml</guid>
<description><![CDATA[ The Wall Street Journal has a story detailing how Microsoft developers had worked out a plan to add serious privacy capabilities to Internet Explorer 8, which would specifically be designed to try to block tracking efforts by advertisers.  The default would recognize if a third-party service/cookie/script appeared on more than 10 visited websites and would then assume that was a tracking device of sorts.  The idea was to make this the default and make it easy for users to control their privacy settings.  However, when word filtered over to the side of Microsoft's business that sold advertising, folks there <a href="http://online.wsj.com/article/SB10001424052748703467304575383530439838568.html" target="_blank">went ballistic and forced the IE team to change its plans</a>:
<blockquote><i>
Executives in Microsoft's new ad business were upset when the designers of Internet Explorer hatched the plan to block tracking activity, say people involved in the debate. At a meeting in the spring of 2008, Brian McAndrews, a Microsoft senior vice president who had been chief executive of aQuantive before Microsoft acquired it, complained to the browser planners. Their privacy plan, he argued, would disrupt the selling of Web ads by Microsoft and other companies, these people say.
</i></blockquote>
The folks on the other side realized that people were quickly moving away from IE, and thought (probably correctly) that the way to attract users was to actually (what an idea!) fight for the users and what <i>they wanted</i>, such as by implementing strong privacy tools.  After fighting it out back and forth in a series of meetings, the advertising folks won... and Internet Explorer will continue to lose users.  Admittedly, other browsers don't offer such privacy features standard either -- and Google clearly has the same conflict of interest to deal with.  However, these days, if you are concerned about privacy, using Firefox with NoScript, AdBlocker and various other privacy protection extensions can certainly help.<br /><br /><a href="http://www.techdirt.com/articles/20100802/13325810455.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100802/13325810455.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100802/13325810455.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>of-course-they-did</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100802/13325810455</wfw:commentRss>
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<item>
<pubDate>Thu, 1 Jul 2010 12:41:15 PDT</pubDate>
<title>Another Journalist Seduced By App Madness Predicts The End Of The Web</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100701/04044510043.shtml</link>
<guid>http://www.techdirt.com/articles/20100701/04044510043.shtml</guid>
<description><![CDATA[ We've talked a few times about the media's <a href="http://www.techdirt.com/articles/20100402/1216068849.shtml">obsession with "apps"</a> as the solution to what ails them.  They get one glance at the control that an app appears to provide, and they go wobbly in the knees and fail to consider basic trends and basic economics.  As a few folks have noted, locked down apps are <a href="http://www.techdirt.com/blog/wireless/articles/20100614/0149189804.shtml">like the CD-ROM craze</a> among media types just as the web first became popular.  Who won that battle?
<br><br>
The latest reporter to fall under the sway of the app-run future is The Atlantic's Michael Hirschorn -- a writer who's work I usually like quite a bit.  He <a href="http://www.theatlantic.com/magazine/archive/2010/07/closing-the-digital-frontier/8131/1/" target="_blank">writes eloquently about the "closing of the digital frontier,"</a> and predicts that the days of the browser are dying, as the days of the app are rising.  In the process, he misleadingly attacks the basic economics of free, the history of Silicon Valley, and some rather important trends.
<br><bR>
He kicks it off, as nearly all attacks on the economics of digital goods does these days, by mocking the old "information wants to be free" phrase, which he falsely suggests led the world astray.  Rather than recognizing the basic economic forces that made (and still make) digital goods to be driven towards free, he pretends it's just an idea a bunch of "hippies" had -- that somehow hypnotized everyone else:
<blockquote><i>
With the long tail of Brand's dictum chopped off, the phrase Information wants to be free--dissected, debated, reconstituted as a global democratic rallying cry against monsters of the political, business, and media elites--became perhaps the most powerful meme of the past quarter century; so powerful, in fact, that multibillion-dollar corporations destroyed their own businesses at its altar.
<br><br>
It's a bit of a Schrodinger's-cat situation when you try to determine what would have happened if we had not bought into the IWTBF mantra, but by the time digital culture exploded into the mainstream with the introduction first of the Mosaic browser and then of Netscape Navigator and Internet Explorer, in the mid-'90s, free was already an idea only the very old or very obtuse dared to contradict. 
</i></blockquote>
Of course, it wasn't some blind support for a mantra that resulted in so much being free online.  It was the basic economics of content, and a recognition of how those models can work.  But, Hirschorn is so sold on this idea that "free" was just the pipedream of a bunch of digital hippies someone tricked the rest of the world into buying, that the one story he uses to explain this sense of "gospel" actually seems to disprove his point.  He actually suggests that the fact that the online world quickly and decisively debunked the infamous <a href="http://463.blogs.com/the_463/2008/07/learnings-from.html" target="_blank">1995 Time Magazine technopanic about online porn</a> is an example of the unwillingness of the digerati to be open to new ideas:
<blockquote><i>
At the WELL, the core gospel of an open Web was upheld with such rigor that when one of its more prolific members, Time magazine's Philip Elmer-DeWitt, published a <a href="http://www.time.com/time/magazine/article/0,9171,983116,00.html/" target="_blank">scare-the-old-folks</a> cover story on cyber porn in 1995, which carried the implication that some measure of online censorship might not be a bad thing, he and his apostasy were torn to pieces by his fellow WELL-ites with breathtaking relentlessness.... In retrospect, what seems notable is the fervor with which digital correctness--the idea that the unencumbered flow of everything, including porn, must be defended--was being enforced. In the WELL's hierarchy of values, pure freedom was an immutable principle, even if the underlying truth (that porn of all kinds was and would be increasingly ubiquitous on the Web, with actual real-life consequences) was ugly and incontestable. 
</i></blockquote>
Now, I put a brief ellipsis in the middle of that paragraph, because right in the middle, Hirschorn hides the key fact: that those folks who pointed out <a href="http://w2.eff.org/Censorship/Rimm_CMU_Time/rimm_hoffman_novak.critique" target="_blank">the massive problems with the story</a> were <a href="http://463.blogs.com/the_463/2008/07/learnings-from.html" target="_blank">correct</a>!  Hirschorn basically tries to hide that point in the middle of the paragraph, where the beginning and the end of the paragraph suggest that people pointing out the massive flaws and outright ridiculousness of both the "study" and the Time report based on the study, were somehow overreacting in this religious fervor to sustain the digital wild west.  The fact that Hirschorn even admits that the study was flawed, and then still claims the debunking was "political correctness" is bizarre and, quite frankly, insulting.  Those who responded to the report didn't do so out of some "porn must be free" ethos.  They did so out of a belief that truth is more important than blatant lies.
<br><br>
Hirschorn then goes on to make a stunningly ignorant statement concerning how the entertainment industry responded to the "open and free" internet:
<blockquote><i>
Ironically, only the "old" entertainment and media industries, it seems, took open and free literally, striving to prove that they were fit for the digital era's freewheeling information/entertainment bazaar by making their most expensively produced products available for free on the Internet. As a result, they undermined in little more than a decade a value proposition they had spent more than a century building up. 
</i></blockquote> 
Wait.  Which "old" entertainment industry is he talking about here that put its most expensively produced products onto the internet for free?  Last I checked, we seem to have a new story pretty much every single day about just how hard the old entertainment industry is fighting to stop its content from being online for free.  Furthermore, in the few cases where they have put stuff online for free, it's not because they were "striving to prove they were fit for the digital era's freewheeling information/entertainment bazaar," but because they were dragged kicking and screaming after someone pointed out to them that <i>others</i> had already put all their content online for free, and that if you put your content online, you actually had some ability to monetize it -- whereas, if you left it to everyone else, you made that more difficult.  Somehow Hirschorn doesn't know this.  It makes me wonder if he even uses the same internet the rest of us use.
<br><br>
This is the myth of "the original sin of free" all over again, where otherwise smart people think the decision of some to go free wasn't actually driven by marketforces, and that there actually was a different choice back then.  These forgetful souls don't want to acknowledge that paywalls and micropayments have been tried time and time again since the early days of the web -- and they almost all have failed.
<blockquote><i>
But now, it seems, things are changing all over again. The shift of the digital frontier from the Web, where the browser ruled supreme, to the smart phone, where the app and the pricing plan now hold sway, signals a radical shift from openness to a degree of closed-ness that would have been remarkable even before 1995. In the U.S., there are only three major cell-phone networks, a handful of smart-phone makers, and just one Apple, a company that has spent the entire Internet era fighting the idea of open (as anyone who has tried to move legally purchased digital downloads among devices can attest).
</i></blockquote>
It's a weird sort of argument that plays up the benefits of a lack of competition in the marketplace.
<blockquote><i>
Apple, for once, is swimming with the tide. After 15 years of fruitless experimentation, media companies are realizing that an advertising-supported model is not the way to succeed on the Web and they are, at last, seeking to get consumers to pay for their content.
</i></blockquote>
Actually, plenty of media companies are finding that an ad-supported model works great.  And, yes, while many publications are <i>seeking</i> to get consumers to pay, history has shown that it doesn't tend to work very well in the long run.
<blockquote><i>
They are operating on the largely correct assumption that people will be more likely to pay for consumer-friendly apps via the iPad, and a multitude of competing devices due out this year, than they are to subscribe to the same old kludgy Web site they have been using freely for years. As a result, media companies will soon be pushing their best and most timely content through their apps instead of their Web sites.
</i></blockquote>
That's one theory, but it seems unlikely beyond a certain niche.  Yes, people will pay for some apps.  But already some are realizing that <a href="http://www.techdirt.com/articles/20100513/1513039419.shtml">the web itself is actually better</a>.  And, the key point that so few app-afficionados seem to recognize is that <i>apps and websites really aren't that different</i>.  Most of the things that an app can do <a href="http://www.techdirt.com/articles/20100217/0335558196.shtml">can also be done on the web</a>.  And, as HTML5 starts to catch on, the web will be able to do even more.  Hell, the dirty little secret out there (which isn't really a secret -- it's just that a lot of folks praising apps don't realize it) is that a good percentage of these "apps" that they're so amazed by?  They're really webpages.  They're really HTML that's wrapped in a little app container.  But there's no reason they can't just be HTML -- and as the inevitable market forces continue, many are likely to move to the web, and get out from under the withering thumb of control of Steve Jobs.
<blockquote><i>
On a more conceptual level, the move from the browser model to the app model (where content is more likely to be accessed via smartly curated "stores" like iTunes, Amazon, or Netflix) signals the first real taming of the Wild Digital West.
</i></blockquote>
Statements like this remind me back of the days when people would load up their computer desktops with all sorts of apps as well.  And then the web got good.  Those who don't know their history are doomed to miss the fact that it's about to repeat...
<blockquote><i>
Apple's version of the West has nice white picket fences, clapboard houses, morals police, and lots of clean, well-organized places to spend money. (The Internet, it seems, is finally safe for Rupert Murdoch.) These shifts are seemingly subtle, but they may prove profound.
</i></blockquote>
AOL's version of the West, back in the 90s, also had nice white picket fences, clapboard houses, morals police and lots of clean, well-organized places to spend money.  And then people discovered the web.  And all that got abandoned quickly.
<br><br>
Like the AOL of the 90s, it is true that the closed platform of the iPhone offers a nice on-ramp for people to learn how smartphones can work, and what they can do.  But, in the long run, the openness of and raw innovation of the open internet won out.  Why does Hirschorn think that the same won't happen again?  Oddly, when he does get around to Google -- who is providing one extremely popular open road -- he repaints Google's position as being on the defensive and trying to preserve an old business model:
<blockquote><i>
Google, which built its once monopolistic position by harnessing the chaos of Web search, has been forced to move aggressively to preserve its business model against this new competition: it has teamed up with the Apple-scorned Flash; is making conciliatory gestures to the content owners it once patronized; has reached a deal to purchase a mobile ad-sales platform; and is promoting its own vision of the future based on cloud computing. Phones using its open-source smart-phone operating system, Android, are outselling the iPhone. Even so, Google still needs for the Web, however it's accessed, to remain central--because without contextual search advertising, Google ceases to matter. Smart phones in general, and the iPad more pointedly, are not driven by search. 
</i></blockquote>
Again, most apps actually are just webpages.  And there isn't anything about Google's business model that requires the web to be central.  I have plenty of apps on my Android phone that have Google contextual ads.  Also, the last point: that smartphones are not driven by search, seems utterly bizarre to me.  I use search pretty damn frequently on my phone.
<blockquote><i>
All of this suggests that the era of browser dominance is coming to a close.
</i></blockquote>
Except that most of the points leading up to that conclusion weren't substantiated or were blatantly wrong.
<br><br>
And then, Hirschorn really goes off the deep-end.  He brings back up the importance of paywalls, which leads to this doozy of a statement:
<blockquote><i>
If they don't end up licensing original content, networks such as Twitter and Facebook will become purely communication vehicles.
</i></blockquote>
Wait, what?!?  Twitter and Facebook <i>are</i> communication tools. That's why people use them.  What does he think they are?  That's like saying, a century ago, that if the phone company doesn't license radio programs, the telephone might just be used for communication.  
<br><br>
Honestly, this article is one of the more bizarre ones I've read in this style.  It's as if it's written by someone living in an alternate universe, and has no access to history or general computing trends.<br /><br /><a href="http://www.techdirt.com/articles/20100701/04044510043.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100701/04044510043.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100701/04044510043.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ah,-technology</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100701/04044510043</wfw:commentRss>
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<item>
<pubDate>Tue, 1 Jun 2010 02:19:56 PDT</pubDate>
<title>How Depressing Must Your Job Be If Its Focus Is On Breaking What The Technology Allows</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100527/1615069606.shtml</link>
<guid>http://www.techdirt.com/articles/20100527/1615069606.shtml</guid>
<description><![CDATA[ Rob Pegoraro has a column up about the latest in the very long line of back and forth attempts of companies making browsers for television sets to <a href="http://voices.washingtonpost.com/fasterforward/2010/05/kylo_tv-friendly_browser_adds.html" target="_blank">get around silly blocks from Hulu</a>.  Despite the fact that these systems are really just browsers legitimately connecting to a webpage, Hulu's corporate parents freaked out and ordered them blocked for no good reason.  Of course, the workaround is easy: just spoof the type of browser, so that Hulu doesn't know that it's a browser on a TV.  However, Hulu keeps trying to block these, which leads Pegoraro to ask a good question at the end:
<blockquote><i>
But when does Hulu get tired of playing this silly game? How do Hulu's own developers feel about working to ensure that their site stays broken for the "wrong" users? Do they not have one of the most degrading coding jobs in America? And to what end--so short-sighted suits can find new ways to annoy their customers? 
</i></blockquote>
While it may seem like a random question, it could actually be a big deal.  When Hulu first came out, one of the points that people made was that it really was put together by folks who understood the power of the internet.  That is, they were "internet people" rather than "Hollywood people," which is what allowed the service to work well for many (definitely better than most expected).  But, with the corporate bosses continually trying to limit what the site can do, you'd have to imagine that the developers working at the company must be getting annoyed.  What kind of developer wants to focus on limiting what users can do with technology, rather than allowing something great?  At some point, Hulu is destined to lose its best developers who just get sick of spending all their time breaking their product, rather than building something cool, useful and innovative.<br /><br /><a href="http://www.techdirt.com/articles/20100527/1615069606.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100527/1615069606.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100527/1615069606.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>soul-sucking-work</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100527/1615069606</wfw:commentRss>
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<item>
<pubDate>Wed, 5 May 2010 16:21:24 PDT</pubDate>
<title>ISPs Hijacking Browser Functions, Continue Proud Tradition Of Value-Free Added Services</title>
<dc:creator>Karl Bode</dc:creator>
<link>http://www.techdirt.com/articles/20100428/1522149225.shtml</link>
<guid>http://www.techdirt.com/articles/20100428/1522149225.shtml</guid>
<description><![CDATA[ <p>ISPs over the last few years have quickly rushed to embrace DNS redirection advertising. Instead of users being directed to a traditional page not found message (or Google in some browsers) should they enter a nonexistent or mistyped URL, they're redirected to an ISP-run search portal laden with advertisements. The concept creates a revenue stream out of your clumsy typing, giving ISPs an extra few bucks per month, per user (of course on top of whatever they make <a href="http://www.techdirt.com/articles/20080929/0248342401.shtml">supposedly not selling your clickstream data</a>). While many users don't like the practice, most ISPs provide some kind of opt-out mechanism (though they often don't work well), and users can often choose alternative DNS servers. <a href="http://search.slashdot.org/story/10/04/28/1425210/ISP-Is-Bypassing-Firefoxs-Location-Bar-Search">Slashdot</a> directs our attention to the fact that users continue to be surprised when they find out their ISP is <a href="http://forums.mozillazine.org/viewtopic.php?f=38&amp;t=1874045">hijacking user location bar results</a>:</p><blockquote>&quot;<em>Today I noticed that this great feature of Firefox (combined with Google of course) has stopped working, and has instead been replaced with an add-laden </em>(sic)<em> search result from another website. I've confirmed that my keyword.URL setting is still pointed at Google, so this must be happening at the traffic level, I would imagine either by use of a web proxy or something to do with DNS lookup, which makes me wonder if this new 'feature' my ISP (Netvigator by PCCW in Hong Kong) has introduced is also affecting my privacy</em>?&quot;</blockquote><p>Here in the States one ISP (Windstream Communications) was <a href="http://www.dslreports.com/shownews/107828">recently busted for taking this concept one step further,</a> going so far as to actually hijack Firefox Google <strong>search toolbar</strong> results. Windstream quickly backed away from the practice once users started to complain, insisting it was a mistake. However, the ISP wouldn't offer technical specifics about what technology they were using that created this &quot;bug,&quot; and employees were told not to elaborate. To be clear, in Windstream's case this went well beyond DNS redirection, worked no  matter what DNS servers were being used, and involved manipulating actual  traffic streams using a new flavor of deep packet inspection. Whether this new layer 7/DPI is being used for copyright enforcement, surveillance, data mining or search result hijacks isn't clear -- but whatever it's being used for, it's being implemented with absolutely no transparency to the end user.</p><p>It seems unlikely that any U.S. ISP would take things further by hijacking toolbar results, given ISPs are busily trying to argue to regulators that network neutrality rules aren't necessary. Still, as deep packet inspection technology gets more sophisticated, precisely how ISPs are meddling with your traffic is something  to keep a close eye on. ISPs already have a bad habit of offering value added services that <a href="http://www.techdirt.com/articles/20090123/0723463501.shtml">fail to provide any value</a> to consumers, and DNS redirection ads are only the latest example. ISPs were in such a hurry to grab this additional revenue, they failed to bother to make sure opt-out mechanisms for these &quot;services&quot; even worked, much less consider adding any kind of enhanced DNS functionality (as seen by companies like OpenDNS) that would make these services worth something to the end user. While DPI itself isn't bad, it holds a lot of potential for abuse among ISPs eager to make an extra buck at any cost.</p><br /><br /><a href="http://www.techdirt.com/articles/20100428/1522149225.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100428/1522149225.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100428/1522149225.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>added-value-for-us-but-not-for-you</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100428/1522149225</wfw:commentRss>
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<item>
<pubDate>Tue, 23 Mar 2010 17:33:00 PDT</pubDate>
<title>Hulu Continues To Shoot Self In Foot: Blocks More Browsers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100323/0211188667.shtml</link>
<guid>http://www.techdirt.com/articles/20100323/0211188667.shtml</guid>
<description><![CDATA[ Hulu, at the behest of its corporate masters, continues to shoot itself in the foot and make it an increasingly less useful platform.  Last year, Hulu got a lot of attention for <a href="http://www.techdirt.com/articles/20090218/1627113821.shtml">blocking Boxee</a>, a specialized browser to show internet video on a computer-connected television.  Hulu was apologetic about it, but admitted that it was pressured to do this by its owners (though, NBC boss Jeff Zucker appears to have <a href="http://www.techdirt.com/articles/20100204/1810198057.shtml">lied to Congress</a> about NBC's role in this).  However, it didn't stop there.  Hulu, it seems, is hellbent on trying to block any browser it doesn't like from showing its content.  It's <a href="http://www.techdirt.com/articles/20090717/0103505577.shtml">blocked the PS3's browser</a> and <a href="http://www.techdirt.com/articles/20090915/0430416199.shtml">mobile browsers</a> as well.
<br /><br />
The latest is that it wasted almost no time before <a href="http://voices.washingtonpost.com/fasterforward/2010/03/hillcrests_kylo_browser_latest.html" target="_blank">blocking the new Kylo browser</a> from Hillcrest labs that, like Boxee, was designed to better format the content for television.
<br /><br />
This is typical short-sighted thinking from the likes of NBC bosses who are bizarrely afraid that people might <i>watch authorized television shows on their television</i>.  Of course, the real fear is that if people start doing this, the cable and satellite companies might start losing business, meaning that they'll pay a lot less to NBC to carry their shows.  This is such typical thinking from NBC execs, who seem to go out of their way to pretend that they can hold people back from doing what they want, because it doesn't agree with NBC's increasingly obsolete business model.  So instead of letting people watch <i>authorized</i> content, with very high paying advertising, they're instead driving people to get the content through unauthorized means.  It's bizarre that anyone could think this is a smart idea -- but, then again, we're talking about NBC management here.  They think that downloading movies is <a href="http://www.techdirt.com/articles/20070621/004352.shtml">hurting the American corn farmer</a>... so logic has never really been a strong suit.<br /><br /><a href="http://www.techdirt.com/articles/20100323/0211188667.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100323/0211188667.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100323/0211188667.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>lemme-explain-how-the-internet-works...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100323/0211188667</wfw:commentRss>
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<item>
<pubDate>Wed, 17 Feb 2010 17:01:00 PST</pubDate>
<title>YouTube Joins Hulu In Letting Content Holders Block Access For TV-Connected Devices</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100215/0234358166.shtml</link>
<guid>http://www.techdirt.com/articles/20100215/0234358166.shtml</guid>
<description><![CDATA[ We've already covered how Hulu has <a href="http://www.techdirt.com/articles/20090218/1627113821.shtml">blocked Boxee</a> and the <a href="http://www.techdirt.com/articles/20090717/0103505577.shtml">PS3</a> from showing video content -- even though all they're really doing is using a different browser -- one that lives on your TV -- to access the same content you can freely access on your computer.  <a href="http://www.techdirt.com/profile.php?u=techflaws">techflaws.org</a> writes in to let us know that users of a Western Digital media center recently discovered that the latest upgrade -- driven in large part by <a href="http://wdtvforum.com/main/index.php?topic=4704.msg34979#msg34979" target="_blank">Google/YouTube demands</a> -- added some features, but also began <a href="http://wdtvforum.com/main/index.php?topic=4704.msg35476#msg35476" target="_blank">blocking content</a> that the content creator deems "not available" for mobile phones or TV. Now it's not clear how long YouTube has offered this functionality -- just that it appears WD has just enabled it -- but it's pissing off some users, understandably.
<br /><br />
After all, if it's just a browser, why should the content creators care -- and why is Google helping them out in this regard?  The line is blurring between various devices anyway and setting a special toggle that lets users block access to videos seen in a perfectly legal fashion on different types of devices seems pretty backwards.  It's too bad Google even makes this an option -- and that anyone actually pays attention to it.<br /><br /><a href="http://www.techdirt.com/articles/20100215/0234358166.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100215/0234358166.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100215/0234358166.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-why?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100215/0234358166</wfw:commentRss>
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<item>
<pubDate>Wed, 17 Feb 2010 07:28:00 PST</pubDate>
<title>Firefox Guys Admit That Competition Is What Drives Innovation</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100212/1532358156.shtml</link>
<guid>http://www.techdirt.com/articles/20100212/1532358156.shtml</guid>
<description><![CDATA[ For years, we (and certainly plenty of other people) have pointed out that monopolies, like patents and copyrights, don't drive innovation -- competition does.  In fact, having monopolies does the opposite of driving innovation, since the monopolists have fewer reasons to innovate and upgrade since they're not fighting against competitors.  This point is made quite clear in an admission by Mike Beltzner, the director of Firefox at Mozilla, in an article at Slate discussing <a href="http://www.slate.com/id/2243727/" target="_blank">how much browsers have been innovating lately</a>:
<blockquote><i>
"Were there not other competitors who were just as interested in making Web browsers faster, I don't know if we'd be able to find the gains that we can find," he said. "Now it's a game of one-upping each other."
</i></blockquote>
Imagine if instead of thinking that way, the concept of a browser had been patented way back when?  Does anyone honestly think that we'd have as innovative a web world as we do today?<br /><br /><a href="http://www.techdirt.com/articles/20100212/1532358156.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100212/1532358156.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100212/1532358156.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>imagine-if-they-had-patents?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100212/1532358156</wfw:commentRss>
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<pubDate>Fri, 5 Feb 2010 07:58:00 PST</pubDate>
<title>NBC Universal Boss Jeff Zucker Lies To Congress About Boxee</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100204/1810198057.shtml</link>
<guid>http://www.techdirt.com/articles/20100204/1810198057.shtml</guid>
<description><![CDATA[ NBC Universal management gets more and more ridiculous every time we come across anything they do.  While they've left most of the more ridiculous statements to their chief lawyer, Rick Cotton (who is worried about the <a href="http://www.techdirt.com/articles/20070621/004352.shtml">poor corn farmers</a> harmed by movie file sharing), CEO Jeff Zucker has made his fair share of whoppers.  While he got a lot of attention last month for his cowardly handling of the whole Leno/Conan mess, his latest move is to flat out lie to Congress.  In a hearing in front of Congress as a part of NBC's effort to merge with Comcast, Rep. Rick Boucher asked Zucker about Hulu being forced to <a href="http://www.techdirt.com/articles/20090218/1627113821.shtml">block Boxee</a> (a battle that's gone <a href="http://www.techdirt.com/articles/20090401/1457094342.shtml">back and forth</a> a few times).  When the whole thing started, Hulu management was very upfront about how they were pressured by their content partners like NBC to block Boxee, which is just another browser.  It was quite clear that Hulu didn't want to do the block, but had no choice due to pressure from the likes of partial owner NBC:
<blockquote><i>
Our content providers requested that we turn off access to our content via the Boxee product, and we are respecting their wishes....
<br /><br />
The maddening part of writing this blog entry is that we realize that there is no immediate win here for users. Please know that we take very seriously our role of representing users such that we are able to provide more and more content in more and more ways over time. We embrace this activity in ways that respect content owners' -- and even the entire industry's -- challenges to create great content that users love. Yes, it's a complex matter. A tough mission, and a never-ending one, but one we are passionately committed to.
<br /><br />
For those Boxee users reading this post, we understand and appreciate that you're likely to tell us that we're nuts. Please know that we do share the same interests and won't stop innovating in support of the bigger mission. 
</i></blockquote>
So how did Zucker respond when asked about it by Congressman Rick Boucher?  He <a href="http://www.crunchgear.com/2010/02/04/boxee-responds-to-nbcs-jeff-zuckers-misleading-statements-to-congress-re-hulu-boxee-relationship/" target="_blank"><i>blamed Hulu</i> for making the decision, and falsely claimed that Boxee illegally access Hulu content</a>:
<blockquote><i>
<b>Rep. Rick Boucher (D-VA):</b> What about Boxee? Mr. Zucker you probably are in a better position to answer that. Did Hulu block the Boxee users from access to the Hulu programs?
<br /><br />
<b>Zucker (NBC):</b> This was a decision made by the Hulu management to, uh, what Boxee was doing was illegally taking the content that was on Hulu without any business deal. And, you know, all, all the, we have several distributors, actually many distributors of the Hulu content that we have legal distribution deals with so we don't preclude distribution deals. What we preclude are those who illegally take that content.
</i></blockquote>
Of course, that's a flat out wrong, as Boxee was not illegally "taking" the content at all.  Boxee is a browser, like Firefox.  If what Boxee does is illegal so is accessing Hulu with Firefox or IE.  But it's even worse than that, because last year, in a different situation, <a href="http://www.publicknowledge.org/node/2881" target="_blank">Zucker admitted that he had been a part of the decision makers</a> to have Hulu block Boxee, telling Kara Swisher that "our vision" was to block Boxee in an effort to keep "Hulu being an online experience" rather than one you could access via a TV.
<br /><br />
So why would Zucker flat out lie during a Congressional hearing, and throw Hulu under the bus while doing so?  Does he not understand how Boxee works?  Did he forget his own dealings with Hulu?  Or is he just making stuff up in a Congressional hearing?<br /><br /><a href="http://www.techdirt.com/articles/20100204/1810198057.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100204/1810198057.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100204/1810198057.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-what-about-the-corn-farmers</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100204/1810198057</wfw:commentRss>
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<pubDate>Wed, 7 Oct 2009 09:40:00 PDT</pubDate>
<title>Eolas Is Baaaaaaaaack; And It's Suing Everyone Over Embeddable Web Widgets</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091006/1718536434.shtml</link>
<guid>http://www.techdirt.com/articles/20091006/1718536434.shtml</guid>
<description><![CDATA[ Well, here we go again.  As you may recall, Eolas is a company that claimed to hold a patent (<a href="http://www.google.com/patents/about?id=kKAZAAAAEBAJ&#038;dq=5,838,906" target="_blank">5,838,906</a>) on browser plugins.  The company sued Microsoft, and a long drawn-out battle ensued.  Even though web inventor Tim Berners-Lee <a href="http://www.techdirt.com/articles/20031029/0917233.shtml">presented prior art</a> and asked the USPTO to invalidate Eolas' ridiculously broad and obvious patent, the USPTO eventually <a href="http://www.techdirt.com/articles/20050928/144237.shtml">upheld</a> the patent (after initially rejecting claims).  Even as Microsoft began presenting evidence that it actually had made use of the technology in question <a href="http://www.techdirt.com/articles/20070530/123840.shtml">before</a> Eolas applied for its patent, losses in the courts and the Supreme Court's <a href="http://www.techdirt.com/articles/20051031/1035202.shtml">refusal</a> to hear the case eventually resulted in Microsoft agreeing to <a href="http://www.techdirt.com/articles/20070830/150400.shtml">settle</a> rather than continue to fight.
<br /><br />
Since then (two years ago), plenty of people have been waiting for the other shoe to drop, concerning Eolas' plans to sue others.  Now we know why it waited.  It's now received a new patent -- a continuation patent, which is often used to <a href="http://www.techdirt.com/articles/20050823/1816248.shtml">abuse</a> the patent system by putting forth a broad patent, then filing for continuations to make changes that let an earlier "invention" cover technologies that <i>later</i> become popular.  In this case, the new patent (<a href="http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&#038;Sect2=HITOFF&#038;p=1&#038;u=/netahtml/PTO/search-bool.html&#038;r=1&#038;f=G&#038;l=50&#038;co1=AND&#038;d=PTXT&#038;s1=7,599,985.PN.&#038;OS=PN/7,599,985&#038;RS=PN/7,599,985" target="_blank">7,599,985</a>), which basically just extends the earlier patent on browser plugins, and extends it to javascript widgets.  Yes, those embeddable widgets used all over the web?  It appears that Eolas thinks that those are infringing and everyone should pay up.
<br /><br />
The <a href="http://news.cnet.com/8301-30685_3-10368638-264.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_new">new lawsuit has been filed</a> against Adobe, Amazon, Apple, Blockbuster, Citigroup, eBay, Frito-Lay, Go Daddy, Google, J.C. Penney, JPMorgan Chase, Office Depot, Perot Systems, Playboy Enterprises, Staples, Sun, Texas Instruments, Yahoo, and YouTube.  Apparently, starting small isn't part of the plan.  Not surprisingly, Eolas filed in Eastern Texas using McKool Smith -- one of the most popular law firms representing patent holding firms in East Texas.
<br /><br />
I am honestly curious how patent system defenders, who are also programmers, can defend this.  I'm sure non-programmers will claim that the patent is valid, but I can't imagine how anyone who has any knowledge of basic programming principles can claim that such a patent is valid.  In the meantime, tons of companies doing an incredibly basic thing on the web will now have to waste millions of dollars fighting a ridiculous patent lawsuit.  How is this promoting innovation in any way shape or form?<br /><br /><a href="http://www.techdirt.com/articles/20091006/1718536434.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091006/1718536434.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091006/1718536434.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>because-otherwise...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091006/1718536434</wfw:commentRss>
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<pubDate>Wed, 16 Sep 2009 09:59:00 PDT</pubDate>
<title>Content Owners Force Hulu To Block Mobile Browsers As Well</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090915/0430416199.shtml</link>
<guid>http://www.techdirt.com/articles/20090915/0430416199.shtml</guid>
<description><![CDATA[ I still can't figure out the reasons why content owners allowed Hulu to offer up TV shows in a browser... but then absolutely flipped out when they realized that the very same content can be seen on browsers on other devices as well.  In the past, we've noted that Hulu was pressured to <a href="http://www.techdirt.com/articles/20090218/1627113821.shtml">block the Boxee browser</a> (which lets you view content on your TV) and <a href="http://www.techdirt.com/articles/20090717/0103505577.shtml">the PS3's browser</a> (also for TVs).  Now, via <a href="http://www.techdirt.com/profile.php?u=hamill8152">hamill8152</a>, we learn that Hulu <a href="http://www.wmexperts.com/skyfire-explains-why-you-cant-watch-hulu" target="_new">is also blocking content on Skyfire</a>, a mobile browser for Windows Mobile phones.  The reasoning is the same as always (and, at the very least, kudos to Hulu for being upfront about the idiotic pressure it comes under from clueless content owners).  Hulu explains the whole "windowing" thought process of the folks in Hollywood, and suggests that these windows will eventually go away.  Of course, it's worth pointing out that Hollywood so disagrees with this that the MPAA has been pushing for ways to <a href="http://www.techdirt.com/articles/20090903/0312496093.shtml">add more windows</a>.  Either way, the whole thing is silly.  If you're putting your content on the internet, you're putting it on the internet.  Pretending that televisions or mobile phones can't also view content on the internet makes no sense.  One day, people in charge will understand this.  Until then...<br /><br /><a href="http://www.techdirt.com/articles/20090915/0430416199.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090915/0430416199.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090915/0430416199.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seriously?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090915/0430416199</wfw:commentRss>
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<pubDate>Wed, 25 Feb 2009 10:09:00 PST</pubDate>
<title>Google, Too, Chooses Lobbying Over Competing</title>
<dc:creator>Kevin Donovan</dc:creator>
<link>http://www.techdirt.com/articles/20090224/1240573884.shtml</link>
<guid>http://www.techdirt.com/articles/20090224/1240573884.shtml</guid>
<description><![CDATA[ Microsoft's increasing regulatory headache from the European Commission concerns its Internet Explorer browser that comes standard with Windows. We've said before that this investigation is <a href="http://www.techdirt.com/articles/20090118/0055003449.shtml"><i>prima facie</i> silly</a> given the vibrant and increasing competition in the browser market, but it looks like things are just going to get worse for Microsoft. First, it was Mozilla deciding to <a href="http://techdirt.com/articles/20090210/1911323728.shtml">complain</a> that Microsoft was creating an unhealthy browser market by bundling IE with Windows. Now, Google is jumping onto the bandwagon and <a href="http://googlepublicpolicy.blogspot.com/2009/02/browsers-powered-by-user-choice.html" target="_new">arguing that Microsoft's policy limits competition and harms innovation</a>.
<br /><br />
This is primarily problematic because the browser market is anything but uncompetitive. Firefox has created what is widely considered a better product, and, wouldn't you know it, gained considerable market share around the world (as high as 30% in some regions). More recently, Google introduced its own browser, Chrome, that launched to accolades and much user adoption. By introducing regulators into the browser market, these companies will all be distracted from providing users with the best possible product. 
<br /><br />
But what's even more confounding is Google's involvement. Obviously the company desires control of most browsers so it can set the defaults in its favor, but it is increasingly obvious that Google should not be bringing regulatory attention to the Internet -- especially when it comes to antitrust questions. Although claims of Google's "monopoly" are as specious as Internet Explorer's, making noise about antitrust is likely to come back and <a href="http://www.techdirt.com/articles/20080203/225559163.shtml">bite Google</a>, especially given <a href="http://www.techdirt.com/articles/20090120/1139403462.shtml">the rising number</a> of political enemies they have.<br /><br /><a href="http://www.techdirt.com/articles/20090224/1240573884.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090224/1240573884.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090224/1240573884.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>is-that-so-googley?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090224/1240573884</wfw:commentRss>
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<pubDate>Wed, 11 Feb 2009 05:51:00 PST</pubDate>
<title>Disappointing: Mozilla Siding With Bogus EU Antitrust Action Against Microsoft</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090210/1911323728.shtml</link>
<guid>http://www.techdirt.com/articles/20090210/1911323728.shtml</guid>
<description><![CDATA[ Last month, it seemed silly that EU regulators were <a href="http://www.techdirt.com/articles/20090118/0055003449.shtml">pursuing</a> Microsoft for antitrust violations in the browser market for bundling IE.  It was clear that some of the initial complaints had come from Opera -- an also-ran in the browser market.  However, it seemed silly because there is vibrant and growing competition in the marketplace.  Firefox has continued to grow its market share, and in the past few years we've seen new entrants in the browser market from Apple and Google -- both of whom have established small, but significant footholds.
<br /><br />
So, it's especially disappointing to read that the Mozilla Foundation <a href="http://arstechnica.com/open-source/news/2009/02/mozilla-call-for-eu-intervention-in-browser-war-is-troubling.ars" target="_new">appears to be siding with the regulators</a>, complaining about Microsoft's actions.  Obviously, Mozilla is competing with Microsoft in this space, so at a first pass it may seem in their best interests to lobby the EU to punish Microsoft.  But it's disingenuous to say the least.  Mozilla got where it did because it competed effectively.  It built a better, more secure browser that many people made the <i>choice</i> to support over IE.  In fact, Firefox's chief architect, apparently unaware of what his "bosses" were cooking up, seems to have recently <a href="http://techliberation.com/2009/02/10/firefox-architect-debunks-mozilla-foundations-claims-about-browser-bundling-and-competition/" target="_new">contradicted the Mozilla Foundation's new position</a>, where he admitted that he couldn't see how anyone with a straight face could claim that Microsoft's ability to bundle created a monopoly, noting that Firefox's success in growing marketshare showed that making yourself "demonstrably better" worked.   Oops.<br /><br /><a href="http://www.techdirt.com/articles/20090210/1911323728.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090210/1911323728.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090210/1911323728.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-go-out-and-compete</slash:department>
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<pubDate>Mon, 19 Jan 2009 09:41:00 PST</pubDate>
<title>EU Regulators Can't Resist: Go After Microsoft For Antitrust Yet Again</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090118/0055003449.shtml</link>
<guid>http://www.techdirt.com/articles/20090118/0055003449.shtml</guid>
<description><![CDATA[ Microsoft is becoming quite the antitrust punching bag over in Europe.  After a years long fight concerning antitrust charges in Europe, Microsoft finally <a href="http://www.techdirt.com/articles/20071022/124706.shtml">gave in</a> and agreed to pay up.  So, now the matter is over with, right?  No, of course not.  EU regulators are back at it, telling Microsoft that the company is probably violating antitrust laws <a href="http://www.crn.com/software/212901075" target="_new">by bundling Microsoft Internet Explorer with Windows</a>.  This seems like an odd issue to bring up <i>now</i> as there is increasing competition in the browser market.  Firefox's marketshare has continued to climb.  Google has entered the market with Chrome.  Safari is gaining increasing life (in part due to the iPhone) and there are numerous other upstarts as well.  The idea that Microsoft is somehow exerting undue influence on the browser market (a market that, for the most part, involves <i>free</i> software) seems rather odd.  It seems to confirm the initial opinion that many had of the original antitrust lawsuit in the EU against Microsoft. It's more about a simple dislike for Microsoft than any actual antitrust violation.<br /><br /><a href="http://www.techdirt.com/articles/20090118/0055003449.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090118/0055003449.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090118/0055003449.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>punching-bag</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090118/0055003449</wfw:commentRss>
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<pubDate>Wed, 14 Jan 2009 16:29:00 PST</pubDate>
<title>Is Apple Finally Realizing That Competition Is A Good Thing</title>
<dc:creator>Kevin Donovan</dc:creator>
<link>http://www.techdirt.com/articles/20090114/0716483403.shtml</link>
<guid>http://www.techdirt.com/articles/20090114/0716483403.shtml</guid>
<description><![CDATA[ For months, we've been arguing that an <a href="http://techdirt.com/articles/20080805/0216441890.shtml">open</a>, <a href="http://techdirt.com/articles/20081223/2337293213.shtml">free market</a> is the best way to operate a mobile phone application service. Yet, the leader in the industry, Apple, has continued to <a href="http://techdirt.com/articles/20080807/2107381925.shtml">operate a Byzantine system of opaque and arbitrary rules</a>. This is confusing to developers and limits competition.
<br><br>
Luckily, there are some signs that Apple may be loosening their anti-competitive restrictions. Since the beginning, Apple has asserted a right to ban applications that <a href="http://www.techdirt.com/articles/20080915/0136292268.shtml">"compete"</a> with existing functionality, even if those offer an improvement. In essence, this was nothing more than Apple disallowing competition with its built-in applications. Now, it seems they are changing their stance, albeit quietly, by <a href="http://www.mobilecrunch.com/2009/01/14/apple-dismounts-from-high-horse-approves-3rd-party-browsers/" target="_new">letting in a number of mobile browsers</a> that compete with Apple's own mobile browser. While it isn't official, and I'm not holding my breath, this hopefully signals a positive move for iPhone users and developers (not to mention Apple, whose product will get a lot more valuable).<br /><br /><a href="http://www.techdirt.com/articles/20090114/0716483403.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090114/0716483403.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090114/0716483403.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>Perestroika?</slash:department>
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<pubDate>Wed, 24 Sep 2008 17:42:00 PDT</pubDate>
<title>People Gave Chrome A Shot, But They're Going Back To Their Original Browser</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080924/0327032355.shtml</link>
<guid>http://www.techdirt.com/articles/20080924/0327032355.shtml</guid>
<description><![CDATA[ As we had mentioned, the original numbers that were coming out about people switching to Google's Chrome browser seemed a <a href="http://www.techdirt.com/articles/20080910/0433092226.shtml">little difficult</a> to believe.  And, in fact, it appears they were.  New reports are suggesting that while a bunch of folks may have kicked the tires on Chrome, the shine came off pretty quickly, and plenty of people <a href="http://www.computerworld.com/action/article.do?command=viewArticleBasic&#038;articleId=9115341&#038;intsrc=news_ts_head" target="_new">have simply gone back to their original browsers</a>.  This really shouldn't be a surprise.  While some people found Chrome to be clean and relatively fast, it didn't really offer much beyond that.  That doesn't mean that it won't eventually make inroads into the market, but simply throwing up yet another browser with the Google brand on it isn't enough to convince people to switch.  It needs to actually offer a significant and noticeable difference -- and so far that hasn't happened.<br /><br /><a href="http://www.techdirt.com/articles/20080924/0327032355.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080924/0327032355.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080924/0327032355.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-reason-to-switch</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080924/0327032355</wfw:commentRss>
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<pubDate>Wed, 10 Sep 2008 15:44:47 PDT</pubDate>
<title>Are IE Users Really Jumping To Chrome?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080910/0433092226.shtml</link>
<guid>http://www.techdirt.com/articles/20080910/0433092226.shtml</guid>
<description><![CDATA[ On the day that Google's Chrome browser <a href="http://www.techdirt.com/articles/20080901/1621392138.shtml">launched</a> I saw a few reports claiming that it already had jumped to somewhere between 2 and 3% of the market.  Those numbers seemed ridiculously high for a first day launch of a new piece of software -- especially in a market where the majority of people still use the browser that came included with their operating system, and have not chosen to download and use an alternative like Firefox.  While some <a href="http://blogs.zdnet.com/hardware/?p=2563">more recent stats</a> suggest both lower penetration, and that Chrome got a first day bump that seems to now be going away, another study suggests that most of the Chrome marketshare <a href="http://www.computerworld.com/action/article.do?command=viewArticleBasic&#038;articleId=9114339&#038;intsrc=news_ts_head" target="_new">actually came from Internet Explorer users</a>, rather than Firefox or Opera.  In fact, the report found that <i>all</i> of the market share difference came from IE.  That seems hard to believe.  I would imagine that the folks most likely to download and use Chrome are those who are already comfortable with downloading and using an alternative browser.  So, can anyone explain these results?<br /><br /><a href="http://www.techdirt.com/articles/20080910/0433092226.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080910/0433092226.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080910/0433092226.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-hard-to-believe</slash:department>
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<pubDate>Thu, 19 Jun 2008 06:22:00 PDT</pubDate>
<title>Web Browsers' 'Visited' Feature Creates Privacy Concerns</title>
<dc:creator>Timothy Lee</dc:creator>
<link>http://www.techdirt.com/articles/20080531/1924311274.shtml</link>
<guid>http://www.techdirt.com/articles/20080531/1924311274.shtml</guid>
<description><![CDATA[ Ben Adida points to <a href="http://benlog.com/articles/2008/05/31/privacy-violations-can-be-so-useful/">an interesting hack that takes advantage of a bug/feature (depending on your perspective) of modern browsers</a>. When a webpage is rendered, the browser will typically display links that have been previously visited in a different color. Under the hood, this is implemented by setting the link's style to "visited." A website can use JavaScript to detect this information and report it back to the server -- and could even do something sneaky like adding "hidden" links not actually visible to users just to find out if you had visited certain sites. This behavior was <a href="https://bugzilla.mozilla.org/show_bug.cgi?id=147777">noticed</a> by the Mozilla community way back in 2002, but because of the way the spec was written, there wasn't any easy solution. Now somebody has figured out at least one useful purpose for this particular data leak: reducing the number of links some websites provide to social networking sites. As Digg, Reddit, and dozens of social news competitors have proliferated, blogs and news sites have increasingly faced the challenge of supporting ways to submit stories to those sites without unnecessarily cluttering up their pages. But <a href="http://azarask.in/blog/post/socialhistoryjs/">this guy</a> has developed some JavaScript code that will use the "visited" data leak to determine which social networking sites the user has visited and display badges only for those sites. It's a clever hack, albeit one that will make privacy sticklers' skin crawl. Browser vendors ought to fix the underlying privacy issue, which will break this little hack in the process, but in the meantime it doesn't hurt to put it to a useful purpose.<br /><br /><a href="http://www.techdirt.com/articles/20080531/1924311274.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080531/1924311274.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080531/1924311274.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-visiting</slash:department>
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