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<title>Techdirt. Stories filed under &quot;media&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;media&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Fri, 15 Feb 2013 14:54:07 PST</pubDate>
<title>What The Tesla / NY Times Fight Teaches Us About The Media</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130215/10432722000/what-tesla-ny-times-fight-teachs-us-about-media.shtml</link>
<guid>http://www.techdirt.com/articles/20130215/10432722000/what-tesla-ny-times-fight-teachs-us-about-media.shtml</guid>
<description><![CDATA[ For media watchers, the very public argument this week between Tesla and the NY Times has been quite fascinating.  In case you happened to not be obsessively following each back and forth (what, you have lives?!?), it all began with a NY Times' <a href="http://www.nytimes.com/2013/02/10/automobiles/stalled-on-the-ev-highway.html?ref=automobiles&_r=1&" target="_blank">less than enthusiastic review</a> of the experience of trying to drive a Tesla S (the company's flagship electric car sedan) between a pair of Tesla's new "superchargers."  You can read the full review yourself, but the short version is that it did not get the mileage expected, and at one point a flatbed truck needed to come pick up the totally dead car.  I will admit that I'm impressed by the Tesla car in general, and most of the reviews have made it out to be about as close to a perfect car as you can imagine (which is pretty impressive considering that it's the first year of the car's existence and it's the first "mass" produced Tesla vehicle).  But this review was less than thrilled, since the whole point was to test out the ability to drive between these "superchargers."
<br /><br />
Upon publication, Tesla's famous CEO, Elon Musk, began <a href="https://twitter.com/elonmusk/status/301049593385340928" target="_blank">tweeting up a storm</a> about how the article was "fake" and that he had the vehicle logs to prove it.  The author of the review, John Broder, <a href="http://wheels.blogs.nytimes.com/2013/02/12/the-charges-are-flying-over-a-test-of-teslas-charging-network/?ref=automobiles" target="_blank">responded to many of the tweeted charges</a>, arguing that Musk was misrepresenting things -- leading many watchers to suggest that Musk was making a big mistake in attacking the NY Times.
<br /><br />
Then, Musk published a <a href="http://www.teslamotors.com/blog/most-peculiar-test-drive" target="_blank">blog post with a graphical representation of the log data they had</a>, in which he argues that Broder lied and even purposely tried to run the car out of juice in order to write a negative story.  Musk claims that after their <a href="http://www.techdirt.com/articles/20120301/02504617922/tesla-fails-again-suing-top-gear-mocking-teslas-range.shtml">dispute with Top Gear</a>, they now keep logs on any media test drives (though it's unclear if they tell reporters that before giving them the cars).  And, suddenly, a lot of people flipped sides, arguing that the <a href="https://twitter.com/kashhill/status/302075398454403072" target="_blank">data won</a> and clearly the NY Times and Broder had some answering to do.  After all, there were charts like this one:
<center>
<a href="http://imgur.com/A2Kr4mX"><img src="http://i.imgur.com/A2Kr4mX.jpg" width=500 /></a>
</center>
Except... then some people started to look more closely at the data and realize that perhaps <a href="http://www.theatlanticwire.com/technology/2013/02/elon-musks-data-doesnt-back-his-claims-new-york-times-fakery/62149/" target="_blank">Broder's story wasn't so crazy</a> and Musk made a number of assumptions that aren't necessarily backed up by the data.  For example, Musk insists that Broder claimed he turned down the climate control to low to conserve energy at 182 miles, and points to the fact that at 182 miles, Broder actually increased the temperature over 72 degrees.  However, as Rebecca Greenfield points out, in her piece (linked above), it really looks like Musk may have simply assumed incorrectly that the point where this happened was 182 miles, and at about 250 miles it's quite clear that Broder <i>does</i> turn the climate control way down and keep it that way for a while (Greenfield added the purple box below).
<center>
<a href="http://imgur.com/3c8PTAi"><img src="http://i.imgur.com/3c8PTAi.jpg" width=500 /></a>
</center>
Then Broder chimed back in as well <a href="http://wheels.blogs.nytimes.com/2013/02/14/that-tesla-data-what-it-says-and-what-it-doesnt/" target="_blank">explaining away most of the accusations</a>, including the charge by Musk that Broder drove the car around trying to run it out of energy:
<blockquote><i>
When he first reached our Milford, Connecticut Supercharger, having driven the car hard and after taking an unplanned detour through downtown Manhattan to give his brother a ride, the display said "0 miles remaining." Instead of plugging in the car, he drove in circles for over half a mile in a tiny, 100-space parking lot. When the Model S valiantly refused to die, he eventually plugged it in.
</i></blockquote>
Except, Broder notes, the "unplanned detour through downtown Manhattan" was not "unplanned" and had been communicated clearly to Tesla beforehand, did not actually go into "downtown" Manhattan, was partially recommended by Tesla employees who thought that the "regenerative braking" might help increase the range and only added two total miles to the trip length.  Furthermore, as for the charge of driving around in circles in a parking lot?
<blockquote><i>
Mr. Straubel said Tesla did not store data on exact locations where their cars were driven because of privacy concerns, although Tesla seemed to know that I had driven six-tenths of a mile &#8220;in a tiny 100-space parking lot.&#8221; While Mr. Musk has accused me of doing this to drain the battery, I was in fact driving around the Milford service plaza on Interstate 95, in the dark, trying to find the unlighted and poorly marked Tesla Supercharger.
</i></blockquote>
Ouch.
<br /><br />
In the end this is a fascinating story on many different levels.  Dan Frommer makes an excellent point that <a href="http://www.splatf.com/2013/02/tesla-nyt/" target="_blank">"everyone's a media company now,"</a> noting that it's possible for companies to speak out on their own behalf if they disagree with a story.  That used to be a lot harder.  He compares that to the <a href="http://www.techdirt.com/articles/20130126/01571221796/oxo-shows-right-way-to-respond-to-bogus-outrage-over-copied-product.shtml">Quirky / OXO story</a> we recently covered as well.
<br /><br />
But, of course, if you're going to rebut charges made in a newspaper review, the information had better hold up, and it's not clear that it does here.  Even worse, it really seems like Musk is making a much bigger deal of this than ever needed to be made.  Sure, the initial review wasn't great, but it really didn't strike me as that bad.  It basically said that if you try to drive it too far, or if you're unable to charge it enough, you might run out of juice.  You know what?  Same thing is true of a gas-powered car as well.  But Musk has called much more attention to the story in a manner that doesn't necessarily lead to Tesla coming out on top. Carl Malmud's <a href="https://twitter.com/carlmalamud/status/302250759276343297" target="_blank">summary</a> seems instructive:
<blockquote><i>
Musk was offended that a reporter didn't operate the hardware properly. Blame the manual, tech support, PR, but not the user.
</i></blockquote>
Musk is obviously quite passionate about the companies he runs and their products.  And that's something that's actually quite appealing.  Having followed his work for a while, you <i>know</i> that he really is striving to build "insanely great" products.  So I can absolutely understand how his first emotional reaction is to lash out at someone who wrote a less than kind review (I've been there myself too many times).  But, in the end, it seems like there would have been much better ways to handle this.  I'm still a huge fan of the Tesla, and still dream of one day actually getting one, but I'd say that Musk's response probably made me more skeptical of the company than Broder's original article ever did.
<br /><br />
When "everyone is the media," amazing and powerful things can happen.  And, certainly, the ability to correct the record against questionable stories is something that really changes the game.  But, at the same time, everyone is now a fact checker, and that makes for an interesting dynamic for both traditional media companies and those who wade in to respond to them.<br /><br /><a href="http://www.techdirt.com/articles/20130215/10432722000/what-tesla-ny-times-fight-teachs-us-about-media.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130215/10432722000/what-tesla-ny-times-fight-teachs-us-about-media.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130215/10432722000/what-tesla-ny-times-fight-teachs-us-about-media.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-world-is-changing</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130215/10432722000</wfw:commentRss>
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<item>
<pubDate>Thu, 24 Jan 2013 17:00:00 PST</pubDate>
<title>DailyDirt: The Ever-Growing Growth Of Data...</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20101116/10515211884/dailydirt-ever-growing-growth-data.shtml</link>
<guid>http://www.techdirt.com/articles/20101116/10515211884/dailydirt-ever-growing-growth-data.shtml</guid>
<description><![CDATA[ There are a lot of reasons to be optimistic about the future. Some folks will always predict doom and gloom, but we say, "<a href="http://www.techdirt.com/skyisrising/">The Sky Is Rising!</a>" (loud and proud -- and again with sequel <a href="http://www.techdirt.com/skyisrising2/">The Sky Is Rising 2</a>). The advent of digital information has created an enormous wealth of data, and the amount of this digital awesomeness seems to be growing all the time. Here are just a few more examples of the amazing abundance of media that surrounds us.

<ul>
 
<li> <a title="http://blog.archive.org/2013/01/09/updated-wayback/" href="http://bit.ly/WbNGcy">The Internet Archive has updated its Wayback Machine, indexing 5 petabytes of internet goodness, covering the web from 1996 to December 2012.</a> That data is from over 240,000,000,000 URLs, and this virtual backup of the web doesn't even touch sites that have a login or a robot.txt file that blocks the Wayback Machine. [<a href="http://blog.archive.org/2013/01/09/updated-wayback/">url</a>]</li>

<li> <a title="https://docs.google.com/viewer?a=v&#038;q=cache:idpYR2Uv78wJ:www.sandvine.com/downloads/documents/Phenomena_2H_2012/Sandvine_Global_Internet_Phenomena_Report_2H_2012.pdf+&#038;hl=en&#038;gl=us&#038;pid=bl&#038;srcid=ADGEESh2wiFn-eOLE0HQSUhNRN8OxakdhwiGglU4bfYtU4G6ig2frP6JOutreJ-ggaW8sWMUBqkyrfclqJBK47UQ3nRELJKWOjak7JMy7mO05Qnej0sXHBRzaL99rWMlFP9aRqxs1rzW&#038;sig=AHIEtbQC2qAWQKzyHr9yPLXXApToItAaFg" href="http://bit.ly/Xiqrwn">Sandvine's global internet phenomena report contains a prediction that US internet traffic may rise to over 700,000 exabytes per year by 2019.</a> And if Netflix continues to do well (accounting for about double the amount of traffic as YouTube and crushing Amazon Video, Hulu and HBO Go), a lot of that traffic will be people watching streaming movies and TV shows (legitimately, too, not just using BitTorrent). [<a href="https://docs.google.com/viewer?a=v&#038;q=cache:idpYR2Uv78wJ:www.sandvine.com/downloads/documents/Phenomena_2H_2012/Sandvine_Global_Internet_Phenomena_Report_2H_2012.pdf+&#038;hl=en&#038;gl=us&#038;pid=bl&#038;srcid=ADGEESh2wiFn-eOLE0HQSUhNRN8OxakdhwiGglU4bfYtU4G6ig2frP6JOutreJ-ggaW8sWMUBqkyrfclqJBK47UQ3nRELJKWOjak7JMy7mO05Qnej0sXHBRzaL99rWMlFP9aRqxs1rzW&#038;sig=AHIEtbQC2qAWQKzyHr9yPLXXApToItAaFg">url</a>]</li>

<li> <a title="http://www.domo.com/learn/7/236#videos-and-infographics" href="http://bit.ly/11D0mio">Every minute of the day, more and more data is generated.</a> For example, 571 new websites per minute, 100K+ tweets per minute... gazillions of infographics and bazillions of random factoids. [<a href="http://www.domo.com/learn/7/236#videos-and-infographics">url</a>]</li>

<li> <a title="http://consumer.media.seagate.com/2013/01/the-digital-den/whats-the-digital-footprint-of-your-generation-infographic/" href="http://bit.ly/107suFp">Since the beginning of time until 2003, humans generated about 5 billion gigabytes of data... and now we generate that much every 2 days.</a> And that rate is accelerating (but humans are not exclusively generating all that data). [<a href="http://consumer.media.seagate.com/2013/01/the-digital-den/whats-the-digital-footprint-of-your-generation-infographic/">url</a>]</li>

</ul>


If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20101116/10515211884/dailydirt-ever-growing-growth-data.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101116/10515211884/dailydirt-ever-growing-growth-data.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101116/10515211884/dailydirt-ever-growing-growth-data.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101116/10515211884</wfw:commentRss>
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<pubDate>Tue, 22 Jan 2013 03:20:34 PST</pubDate>
<title>Obama Tasks CDC With Study Of Video Games And 'Violent Media'</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130118/17393421735/obama-tasks-cdc-with-study-video-games-violent-media.shtml</link>
<guid>http://www.techdirt.com/articles/20130118/17393421735/obama-tasks-cdc-with-study-video-games-violent-media.shtml</guid>
<description><![CDATA[ In the middle of a much larger speech introducing his "Gun Violence Reduction Executive Actions," <a href="http://arstechnica.com/gaming/2013/01/did-president-obama-just-order-the-government-to-study-video-game-violence/" target="_blank">Obama threw in a little something for the videogame crowd</a>:
<blockquote>
<i>Congress should fund research into the effects that violent video games have on young minds.</i></blockquote>
While it may seem like a shot across the bow of videogames to score some cheap political points, what <a href="http://apps.washingtonpost.com/g/documents/politics/white-house-gun-violence-reduction-executive-actions/248/" target="_blank">Obama actually has in mind is a bit more subtle</a>. (Make no mistake, though: this subject wouldn&#39;t have been broached if not for the Newtown shooting.)
<blockquote>
<i>Conduct research on the causes and prevention of gun violence, including links between video games, media images, and violence: The President is issuing a Presidential Memorandum directing the Centers for Disease Control and scientific agencies to conduct research into the causes and prevention of gun violence. It is based on legal analysis that concludes such research is not prohibited by any appropriations language. The CDC will start immediately by assessing existing strategies for preventing gun violence and identifying the most pressing research questions, with the greatest potential public health impact. And the Administration is calling on Congress to provide $10 million for the CDC to conduct further research, including investigating the relationship between video games, media images, and violence.</i></blockquote>
Two things worth noting in this paragraph:<br />
<br />
The "Presidential Memorandum" lifts a moratorium on this sort of research by the CDC, something that has been in place for over 15 years. Kyle Orland at Ars Technica explains:
<blockquote>
<i>[T]he federal Centers for Disease Control have been prohibited from funding studies that "advocate or promote gun control" since 1996, when Congress cut the $2.6 million the organization had been using to fund gun injury research through its Center for Injury Prevention and Control. <a href="http://www.theatlanticwire.com/politics/2013/01/executive-order-nra-should-fear-most/61004/" target="_blank">Further moves</a> since then have prevented the CDC from even receiving federal crime data for gun research, and prohibited the National Institute of Health from doing gun violence research as well.</i></blockquote>
And why was this research prohibited? Depending on who you ask, it&#39;s either because the NRA didn&#39;t like guns being tied to injuries and death&nbsp;(Orland calls it a "chilling effect" brought on by <a href="http://www.emory.edu/EMORY_MAGAZINE/summer95/kellermann.html" target="_blank">Arthur Kellerman&#39;s study</a>) or the study itself was severely flawed and <a href="http://reason.com/archives/1997/04/01/public-health-pot-shots" target="_blank">skewed to fit the pre-existing bias</a> of the director of the National Center for Injury Prevention and Control, which operated under the CDC&#39;s direction.<br />
<br />
Secondly, the wording directs the CDC to focus on areas with the "greatest potential public health impact." The administration may namecheck current hot buttons like videogames and violent media, but as it&#39;s worded, the CDC has no instruction to <i>start</i> its work by assessing these areas. As Orland states, this one sentence is likely nothing more than a brief concession to the current political climate:
<blockquote>
<i>Making a brief mention of video game studies as a part of a $10 million funding request is a good way to pay lip service to these political concerns on both the left and the right without really making it a priority. If studying video game and media violence were actually a major focus of the president&#39;s gun control agenda, it would have a much more prominent place in both his remarks and his official funding requests. Instead, the real money the president is asking from Congress will go to more important things: $20 million for the National Violent Death Reporting System, $14 million for police and security training, $150 million for in-school mental health counselors, $30 million to develop school emergency management plans, and so on.</i></blockquote>
Overall, putting the CDC in charge is probably (in the parlance of government works) the "least worst" way to handle this. The CDC will have access to more mental health-related data than other existing entities, a factor that definitely needs to be considered. (But this factor also presents its own problems: it&#39;s entirely <i>too easy</i> to write off mass murderers as mentally defective. The idea of taking someone&#39;s life, much less multiple lives, is so repulsive to "normal" human beings that the kneejerk reaction is to blame it on mental illness. It&#39;s safe to say that normal people would never commit mass murder, but it&#39;s way too simplistic to assume that every perpetrator is mentally defective.) It should also have access to demographic and other environmental factors, which should give it a more rounded picture than the limited sample sizes and variables of smaller studies and surveys.<br />
<br />
Another factor that makes the CDC a preferable choice is the fact that it&#39;s an <i>existing</i>&nbsp;agency. Turning this task over to a special committee would result in a room filled to capacity with appointees and their predispositions. (The argument can also be made that the CDC carries its own predispositions, but expecting a government directive, <i>especially</i> an executive order, to conjure up a completely impartial study is to show a level of faith the government simply doesn&#39;t deserve.)<br />
<br />
Now, the downside.<br />
<br />
Any conclusions the CDC comes to will be immediately suspect. No matter what it finds, the conclusions will be disputed. The presence or absence of a link between violent media and gun violence will only exacerbate the divide between both sides of the debate. To date, no link has been conclusively proven. This study&#39;s outcome will likely be more of the same. It&#39;s nearly impossible isolate people and "violent media" from the other factors that affect the equation. The CDC should be able to incorporate its existing knowledge in regards to risk factors, but the answers it comes up with will fail to satisfy everyone. Ultimately, it will change nothing, but it will have the power to inform government policy going forward and, depending on the political climate, it&#39;s likely that gossamer-thin correlation will be enough to justify legislation.<br />
<br />
Then there&#39;s the tangled issue of gun control policy, something the CDC has waded into in the past. Again, any conclusions drawn will be contrasted against its history with the National Center for Injury Prevention and Control and its biased approach to the study of gun violence. (Particularly troublesome is a 1987 CDC report, in which the director of the NCIPC thought enough evidence existed to "confiscate all firearms from the general population" in order to prevent 8,600 homicides a year.) The administration has done a disservice to both groups (video game fans, gun owners) by making this study inseparable from a larger gun control proposal.<br />
<br />
The best case scenario, like so much in government, is that nothing happens. The studies are proposed, the climate shifts and, like so much before it, it&#39;s discarded in favor of What&#39;s Ailing the Nation Now. While it would be interesting to see the CDC perform an in-depth study (especially if the data collected is made available to the public), the chance of a negative outcome (in terms of misguided legislation, etc.) is way too high.<br />
<br />
On the whole, though, it is refreshing to see videogames treated as part of the media, rather than a wholly distinct scapegoat capable of destroying society on its own. Unfortunately, even with its rather brief appearance in the administration&#39;s set of proposals, it appears the government still wants to control media (as opposed to "<i>the</i> media") and this single paragraph could help rationalize unconstitutional measures.
<br /><br />
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 ]]></description>
<slash:department>not-the-worst-idea-I've-ever-heard,-but-certainly-not-the-best-either</slash:department>
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<item>
<pubDate>Fri, 21 Dec 2012 10:54:15 PST</pubDate>
<title>NRA: To Protect The 2nd Amendment, We Must Trample The 1st &#038; 4th Amendments</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121221/10123121471/nra-to-protect-2nd-amendment-we-must-trample-1st-4th-amendments.shtml</link>
<guid>http://www.techdirt.com/articles/20121221/10123121471/nra-to-protect-2nd-amendment-we-must-trample-1st-4th-amendments.shtml</guid>
<description><![CDATA[ As <a href="http://www.techdirt.com/articles/20121219/09124821437/nras-plan-if-we-blame-video-games-movies-sandy-hook-massacre-perhaps-people-will-stop-blaming-guns.shtml">predicted</a>, one element of the NRA's "big announcement" today was to lash out and <a href="http://nbcpolitics.nbcnews.com/_news/2012/12/21/16069537-nra-blames-media-music-and-more-for-culture-of-violence?lite" target="_blank">blame media, music and movies for violence</a>.  Most news stories are focusing on the wacky idea of <a href="http://www.reuters.com/article/2012/12/21/us-usa-shooting-connecticut-idUSBRE8BI1BV20121221" target="_blank">putting armed guards in every school</a> (and to do so in the next few weeks as well) and creating a database of the mentally ill, but the lashing out at video games and movies, despite <a href="http://www.techdirt.com/articles/20121219/09593821438/yet-more-evidence-shows-no-link-between-video-games-actual-violence.shtml">no evidence</a> that they actually lead to violence, seems equally ridiculous.
<br /><br />
In some manner, it appears that the NRA's response is that the 2nd Amendment is more important than other amendments in the Constitution.  Blaming music and movies is an attack on the 1st Amendment, which allows for freedom of expression, while turning our schools into police states, patrolled by armed guards, at least toes the line on the 4th Amendment.  The database of mentally ill patients also raises significant privacy issues.  No matter what you think of various gun control proposals, it seems rather ridiculous to take a strong Constitutional stand as the basis for your argument... only to make a complete mockery of other amendments.<br /><br /><a href="http://www.techdirt.com/articles/20121221/10123121471/nra-to-protect-2nd-amendment-we-must-trample-1st-4th-amendments.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121221/10123121471/nra-to-protect-2nd-amendment-we-must-trample-1st-4th-amendments.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121221/10123121471/nra-to-protect-2nd-amendment-we-must-trample-1st-4th-amendments.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that's-one-strategy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121221/10123121471</wfw:commentRss>
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<pubDate>Mon, 3 Dec 2012 10:58:39 PST</pubDate>
<title>Doubling Down On Secrecy: ITU Believes Secret Media Strategy Key To Avoiding SOPA/ACTA Fate</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121201/01525121195/doubling-down-secrecy-itu-believes-secret-media-strategy-key-to-avoiding-sopaacta-fate.shtml</link>
<guid>http://www.techdirt.com/articles/20121201/01525121195/doubling-down-secrecy-itu-believes-secret-media-strategy-key-to-avoiding-sopaacta-fate.shtml</guid>
<description><![CDATA[ As the WCIT (World Conference on International Telecommunications) gets under way in Dubai, the ITU is making its play to <a href="http://www.techdirt.com/articles/20121107/21233320970/itu-boss-explains-why-he-wants-un-to-start-regulating-internet.shtml">regulate the internet</a>, potentially to <a href="http://www.techdirt.com/articles/20121119/02003321088/russia-demands-internet-takeover-un-then-retracts-it.shtml">aid authoritarian governments</a> in censoring or limiting the internet, or to divert money from innovative internet companies <a href="http://www.techdirt.com/articles/20120907/11061720310/eu-telcos-to-un-regulators-divert-more-money-our-way-no-ones-internet-gets-hurt.shtml">to stagnant state telcos</a> out of a claim of "fairness."  There's obviously been a lot of talk about it, and the ITU keeps claiming that it's just a neutral body to facilitate discussions, even as increasing evidence suggests it's urging many of the crazier proposals forward itself.
<br /><br />
And now it's come out that ITU officials recently held a "secret" meeting to figure out <a href="http://www.forbes.com/sites/larrydownes/2012/11/26/un-agencys-leaked-playbook-panic-chaos-over-internet-treaty/" target="_blank">how they were going to avoid getting SOPA'd</a>, having the world rise up in protest as it tries to implement its internet regulatory regime.  Following some bizarre and paranoid fantasy about how the anti-ITU, anti-WCIT efforts are really just because an unnamed "lobbying group" didn't like one proposal (the one mentioned above about diverting money from internet companies to telcos), the meeting got down to business: how could they use social media to prevent SOPA- or ACTA-like uprisings from the public:
<blockquote><i>
In response to the anti-WCIT &#8220;campaign,&#8221; according to the September retreat&#8217;s preparatory materials, the ITU reluctantly launched a &#8220;counter-campaign,&#8221; which the agency believes &#8220;has been fairly successful outside the US and somewhat successful even in the US,&#8221; where &#8220;some of the statements made to denigrate ITU and WCIT are so extreme that they were easy to challenge and rebut.&#8221;
<br /><br />
Going forward, the ITU focused at its meeting on the possibility of an &#8220;intensive anti-ratification campaign in OECD countries, based on the so-called lack of openness of the WCIT process, resulting in a significant number of countries refusing to ratify the new ITRs.&#8221;  The ITU calls this possibility &#8220;the so-called ACTA scenario,&#8221; referring to sometimes violent protests against the secret ACTA treaty that took place this year.
<br /><br />
To develop the next phase of its &#8220;counter-campaign,&#8221; the ITU hosted speakers from leading PR and advertising agencies to advise them on the use of social media.  For example, Matthias Lufkens, Head of Digital Strategy for global public relations firm Burson-Marsteller, gave a presentation on how his agency helped the World Economic Forum leverage tools such as Facebook, Twitter, and Flickr to fend off &#8220;occupy&#8221;-style protests that occurred both physically in Davos and on the Internet.
<br /><br />
&#8220;There is a risk that [the ACTA scenario] will happen, but our communication campaign can mitigate this,&#8221; the internal document says.
</i></blockquote>
Of course, the campaign doesn't really appear to be going that well -- especially since so much of it revolves around "deflect[ing] media questions from secrecy, taxes and censorship" to the blandly empty (and absolutely silly) statement that "the revised ITRs have the exciting potential to pave the way for a broadband revolution in the 21st century."  I'm sure that sounds catchy on a tweet.  The problem, of course, is that folks on the internet don't tend to believe that kind of bureaucrat-speak when they know it's not true.  As Downes notes:
<blockquote><i>
Here&#8217;s the unvarnished truth, which no PR agency can help the agency talk, tweet, or prevaricate their way around:  The commercial Internet emerged and matured entirely since the treaty was last reviewed.  It developed in spite of the ITRs, not because of them.
<br /><br />
There is a familiar pattern here of ambitious regulators who have no expertise and little experience with the Internet proclaiming themselves its benevolent dictators, only to find the peasants revolting before the coup has even started.
<br /><br />
The ITU is no different than the sponsors of ACTA, SOPA, PIPA, and other attempts at regulating the Internet, its content, or its users by governments large and small.  Like the media lobbyists who continue to see the successful fight to kill SOPA and PIPA as a proxy war waged solely by Google and other Internet companies, the ITU simply can&#8217;t accept the reality that Internet users have become their own best advocates.
</i></blockquote>
Once again, these bureaucrats really have no clue what they're doing.<br /><br /><a href="http://www.techdirt.com/articles/20121201/01525121195/doubling-down-secrecy-itu-believes-secret-media-strategy-key-to-avoiding-sopaacta-fate.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121201/01525121195/doubling-down-secrecy-itu-believes-secret-media-strategy-key-to-avoiding-sopaacta-fate.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121201/01525121195/doubling-down-secrecy-itu-believes-secret-media-strategy-key-to-avoiding-sopaacta-fate.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-luck-with-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121201/01525121195</wfw:commentRss>
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<pubDate>Wed, 28 Nov 2012 05:24:34 PST</pubDate>
<title>Bradley Manning Hearing Shows Military Bosses More Concerned About Media Attention Than Manning's Conditions</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml</link>
<guid>http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml</guid>
<description><![CDATA[ Kevin Gosztola has been providing detailed updates on <a href="http://dissenter.firedoglake.com/2012/11/27/bradley-mannings-unlawful-pretrial-punishment-hearing-day-1/" target="_blank">the latest Bradley Manning hearings</a>, focused mainly on the conditions associated with the treatment of Manning after his arrest, and whether or not it amounted to "unlawful pretrial punishment" or involved reasonable precautions by the military.  Specifically, as we had discussed, Manning was held in conditions that <a href="http://www.techdirt.com/articles/20101215/09551812291/us-is-apparently-torturing-bradley-manning-despite-no-trial-no-conviction.shtml">amounted to torture</a> under key definitions of torture -- held in "intensive solitary confinement" in total isolation, not allowed to have a pillow or sheets for his bed.  Over 250 legal experts <a href="http://www.techdirt.com/articles/20110411/04400713852/over-250-top-us-legal-scholars-condemn-treatment-bradley-manning.shtml">condemned</a> his treatment and the State Department's spokesperson even <a href="http://www.techdirt.com/articles/20110313/16475213475/administration-forces-pj-crowley-out-state-dept-after-he-admits-that-manning-is-being-mistreated.shtml">lost his job</a> for <a href="http://www.techdirt.com/articles/20110311/12544813465/state-department-spokesperson-says-bradley-manning-is-being-mistreated.shtml">saying publicly</a> that Manning was being mistreated, and that it wasn't productive.
<br /><br />
The legal issue is that if this treatment was seen as punitive then that's a problem.  People can be held pre-trial, but they're not supposed to be "punished" as part of the process.  The Defense Department has been trying to claim that the treatment of Manning had to do with fears that he would harm himself, and the latest hearings were to figure out which version of the story is really accurate.  The details look pretty damning for the Defense Department.  For example, it appears that officials were more concerned about the media, not about Manning's condition:
<blockquote><i>
Going through emails, it came out that Lt. Gen. George Flynn, superior officer, was concerned with media and not Bradley Manning&#8217;s conditions. For example, when David House and Firedoglake editor-in-chief Jane Hamsher were harassed at the gate of Quantico, Flynn was in on this incident. He was up on what the public affairs planned to say to any questions from media on the incident. But, he was not up on weekly updates coming from officers in the brig.
</i></blockquote>
Later, the same Lt. Gen. Flynn apparently got upset that the NYTimes had information on Manning's mistreatment and he hadn't been forewarned about the media situation:
<blockquote><i>
Lt. Gen. Flynn was upset that he read about Manning standing outside his cell naked in the New York Times. &#8220;It would be good to have leadership have heads up on these things before they&#8217;re read in the early bird!&#8221; Lt. Col Flynn wrote in an email. The &#8220;early bird&#8221; is a military synopsis of various news stories/press releases.
</i></blockquote>
And then there's the fact that the "psychologist" relied on to assess Manning's mental state... wasn't actually a psychologist <b>but a dentist</b>.  Huh?!?
<blockquote><i>
Also, a &#8220;forensic psychiatrist&#8221; that the Brig was consulting was a Dentist. She didn&#8217;t really have qualifications as a psychologist. She was a doctor on staff there and they went to her for assessments on Manning&#8217;s condition.
</i></blockquote>
On top of that, evidence was presented of guards joking about taking away Manning's underwear in response to comments Manning had made.  It certainly raises significant questions about why they were treating Manning this way and if it actually had anything to do with his own safety... or if they just liked taunting him.
<blockquote><i>
One Quantico Brig officer (female) sent email where he joked about the removal of Manning&#8217;s underwear after comments he made on March 2, 2011. Here&#8217;s a version the press pool currently believes we heard read in court:
<br /><br />
&#8220;As Dr. Seuss would say I can wear them in a box, I can wear them with a fox, I can wear them with socks. I can wear them in the day so I say. I can&#8217;t wear them at night. My comments gave the staff a fright.&#8221;  
<br /><br />
It is Green Eggs &#038; Ham. 
<br /><br />
Coombs asked Choike if he believed joking about the underwear was something that an officer should have done. Choike then said something to the effect that he realized this could be brought up by Manning with his attorney and it might become &#8220;another media issue.&#8221; 
</i></blockquote>
Even if you think Manning violated the law, it seems pretty damning to see him treated this way pre-trial.
<br /><br />
Separately, prior to the discussion about Manning's conditions, the government officially opposed Manning's attempt to plead guilty to certain lesser charges (as <a href="http://www.techdirt.com/articles/20121107/15423120965/bradley-manning-willing-to-admit-to-leaking-info-to-wikileaks-hoping-more-limited-trial.shtml">discussed earlier</a>) in the hopes of speeding up the trial and getting potential leniency on some of the more serious charges.  This issue more or less got tabled for procedural reasons, as Manning is still arguing that the government failed to provide a speedy trial and the court notes that if it excepts the plea, that would also waive the speedy trial issue.  So, the court will handle the issue of whether or not the government failed to offer a speedy trial before taking on the plea issue.<br /><br /><a href="http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121127/17045721161/bradley-manning-hearing-shows-military-bosses-more-concerned-about-media-attention-than-mannings-conditions.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
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<pubDate>Wed, 21 Nov 2012 03:47:52 PST</pubDate>
<title>Supplying The Missing Ingredient In Evidence-Based Policymaking: Evidence</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20121106/12121720952/supplying-missing-ingredient-evidence-based-policymaking-evidence.shtml</link>
<guid>http://www.techdirt.com/articles/20121106/12121720952/supplying-missing-ingredient-evidence-based-policymaking-evidence.shtml</guid>
<description><![CDATA[ <p>It seems extraordinary that in the area of copyright it is only recently that people have started to consider the evidence before formulating policy.  Even now, there is still <a href="http://www.techdirt.com/articles/20121101/03015020899/any-hint-evidence-based-copyright-uk-seen-as-nefarous-plot-parliamentary-copyright-maximalists.shtml">resistance</a> to this idea in some quarters.  Elsewhere, though, there is a growing recognition that policy-makers must have access to the data they need when considering how to achieve given goals.
</p><p>
That's very much the impulse behind a new document entitled "<a href="http://ipts.jrc.ec.europa.eu/publications/pub.cfm?id=4999">Statistical, Ecosystems and Competitiveness Analysis of the Media and Content Industries</a>".  It has been prepared on behalf of the European Commission by the Joint Research Centre, which describes its role as follows:

<i><blockquote>to provide EU policies  with  independent,  evidence-based  scientific  and  technical  support  throughout  the  whole policy cycle. </blockquote></i>

The bulk of the report is filled with detailed tables of figures and charts attempting to show what's been happening over the last few years in the media industries.  Here's a summary of what the Joint Research Centre hopes producing these will achieve:

<i><blockquote>This study aims first of all to gain a better understanding of the dynamics in the Media and Content Industries (MCI) and to produce an assessment of the current and future competitiveness of the European MCI sector. The study maps the economic value and growth potential of this sector, driven by increasing awareness of the economic value of the sector. The sector itself has grown considerably over the past decades, but it also contributes to the growth of the Information Society. It provides the content which, in digital form, requires high speed broadband networks and thus stimulates the roll-out of broadband networks. The MCI is also an important part of the creative industries, which stimulate a flourishing creative climate thereby attracting other highly skilled economic activities, leading to vibrant urban economies (Florida, 2002; UNCTAD, 2008; European Commission, 2010a). 
<br /><br />
Secondly, this study aims to gain insights into the fundamental changes in this sector, which have taken place over the past two decades as a result of the introduction of ICT in different parts of the production and distribution process. Some of these technological innovations were so fundamental that they caused changes in the production chain, in the roles and positions in the value chain, in business models and in market structures. In other words, they have led to a transformation of the whole ecosystem. </blockquote></i>
</p><p>
Significantly, much of the first half of the report is given over to exploring why it is so hard to draw up detailed figures on the media and content industries.  Part of the problem is that such official statistics as are available -- and they are relatively limited -- follow older industry categories that don't really fit any more.  Even relatively new ones are problematic:

<i><blockquote>The new OECD definition intends to give a better reflection of the current MCI sector structure. However, the underlying categorization of the Media and Content Industries can not account for one of the most apparent trends in the Media and Content Industries, i.e. its increasing interconnectedness and convergence with ICT (telecom, computer and software industries). Distribution is now separated from MCI and included in ICT category, but increasingly distribution companies are involved in acquisition of content and content rights, packaging and marketing of content, sometimes also adding added value by producing additional services (EPG, communication services etc.) The same is true for new entrants such as major ICT firms like Google, Apple, YouTube, which are also increasingly involved in not just dissemination of content but also in many content related activities.</blockquote></i>

It is this intermingling of media, content, computers and communications in the digital sphere that makes it so hard to establish what is really happening.  For example, the decline bemoaned by many in the traditional copyright industries is in many ways simply a reflection of the fact that new forms of creation and distribution are starting to replace the established ones, but capturing that in official statistics is hard.

One way around that is to turn to other sources:

<i><blockquote>In order to complement the data from official statistics, the study includes 'unofficial' statistics on developments in MCI. With the help of this data, it provides insight into the transformations taking place in MCI that are not immediately apparent in the official statistics. The main topics for which statistical evidence has been collected are the transformations resulting from the impact of ICT, or more specifically the impact of the internet and digitalisation on the production and distribution of media and content. This concerns especially the shift from offline (physical) to online digital distribution of content, and the impact of piracy, P2P networks and user-generated content in particular sub-sectors. </blockquote></i>

However, in this context the report makes an important point:

<i><blockquote>From investigating data found by screening major sources from industry associations, consultancies and research institutes specialised in media and content industries, an important conclusion is that it is impossible to directly compare or complement official statistics with unofficial statistics </blockquote></i>

One source of unofficial statistics is, of course, industry bodies.  The report quotes some of their figures in a discussion of piracy:

<i><blockquote>The industry regards piracy as a serious threat for their business. Table 22 shows estimates by the film industry in 2005 for the losses incurred due to piracy. For the music industry, IFPI (2010) states that the music industry experienced a decline in sales of 30% from 2004 to 2009, which it mainly attributes to file sharing. </blockquote></i>

It's good to see that those figures aren't accepted uncritically, simply reported.  Even more importantly, rather than accept the na&iuml;ve view that unauthorized file sharing is necessarily harmful to the copyright industries, the report quotes one of the few studies available that looks at what the evidence says:

<i><blockquote>Although it is difficult to understand the true impact of illegal file sharing on the industry, it is clear that every file downloaded does not result automatically in one less CD or DVD sold. TNO conducted a statistical analysis and calculated the effect of illegal file sharing on the music industry for the Dutch market through a welfare-theoretical approach. They calculated the substitution ratio for the Dutch music industry, and estimated a substitution ratio of at most 5-7%. In other words: for every 15-20 downloads one track less is sold. However, the economic implications of file sharing for the level of welfare in the Netherlands were found to be strongly positive in the short and long terms, because downloaders buy the same amount of music as non-downloaders, and more games and DVDs than non-downloaders. Moreover, downloaders go to more concerts and buy more merchandise (TNO, 2009). It should however be noted that because of the fact that this study is focused on a single country, its conclusions can not be generalized to the EU as a whole without further investigation. </blockquote></i>

This is just one study, albeit a suggestive one, of what is happening in one country.  Clearly many more are needing in order to establish the real impact of unauthorized sharing on the traditional copyright industries.  Let's hope the Joint Research Centre can build on its current report and contribute to the gathering of more complete evidence on this crucial topic.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20121106/12121720952/supplying-missing-ingredient-evidence-based-policymaking-evidence.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121106/12121720952/supplying-missing-ingredient-evidence-based-policymaking-evidence.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121106/12121720952/supplying-missing-ingredient-evidence-based-policymaking-evidence.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-the-facts,-ma'am</slash:department>
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<pubDate>Wed, 27 Jun 2012 05:02:00 PDT</pubDate>
<title>Google Is To Pink Slime As Apples Are To Airplanes</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120621/02232219411/google-is-to-pink-slime-as-apples-are-to-airplanes.shtml</link>
<guid>http://www.techdirt.com/articles/20120621/02232219411/google-is-to-pink-slime-as-apples-are-to-airplanes.shtml</guid>
<description><![CDATA[ Copyright maximalist operation "The Copyright Alliance," purveyors of ridiculous copyright propaganda, has really topped itself with a recent blog post.  It is trying to <a href="http://blog.copyrightalliance.org/2012/06/guest-post-pink-slime-by-david-newhoff/" target="_blank">compare Google to "pink slime."</a>  You know <a href="http://en.wikipedia.org/wiki/Pink_slime" target="_blank">pink slime</a> -- the stuff that got all sorts of attention a few months ago as being a somewhat disgusting looking output of excess beef products all mashed up together and then reused in other foodstuffs.  What does one have to do with the other?  Well, according to the absolute geniuses at The Copyright Alliance:
<blockquote><i>
Among the reasons I believe companies like Google are so hostile not only to copyright but  to other regulations, is that their revenue and aspirations are anathema to distinguishing value (prime meat) from muck (MSM).  To the contrary, their business models are literally based on grinding up all content into a homogenous slurry in order to turn billions of clicks into billions of dollars.  To companies like Google, torrent sites, and many aggregators, everything goes into the big, digital grinder &#8212; a John Irving novel, some bits of junk journalism, a few stupid cat videos, Lawrence of Arabia, several thousand mail-order brides, a hard-news report from Central Africa, trafficked children, an episode of Downton Abbey, counterfeit pharmaceuticals, The White Album, years of scientific research, and of course several jiggling pounds of college chicks shaking their booties at webcams.  It&#8217;s all just ones and zeroes, right?  It&#8217;s digital pink slime.
</i></blockquote>
I've now read this paragraph a dozen times.  And my only conclusion is the person who wrote it has never used Google or, perhaps, any search engine.  Because it gets the story exactly, 100%, completely backwards.  It's not reality.  It's the opposite of reality.  Up is down, black is white, day is night kind of backwards.
<br /><br />
The whole point of <i>any</i> search engine is to distinguish the value from the muck.  The <i>reason</i> Google became such a huge phenomenon when it first came out (long after people had declared the search engine wars "dead") was that Google did a much better job <i>finding what you wanted</i>.  How does it do that?  By properly finding <i>the value</i> and surfacing it at the top while <i>pushing down the muck</i>.  A search engine that doesn't distinguish the value from the muck is no search engine at all.  It's a random website generator.
<br /><br />
Search engines care <b>deeply</b> about finding the best value.  Hell, just a week or so ago, Google explained how it had made <a href="http://insidesearch.blogspot.com/2012/06/search-quality-highlights-39-changes.html" target="_blank">39 changes to its search</a> in May alone, with the goal of helping people better find value out of muck.  There may be all sorts of reasons to dislike or distrust Google.  The company is very big, and has lots of info on you, which raises plenty of privacy concerns.  But to claim that it wants to homogenize all content and that it's against their best interest to distinguish value from muck makes zero sense.  If it were true, we'd immediately see tons of other search engines and do the exact opposite: provide more value and take over the market (just like Google did a decade ago).
<br /><br />
I'm all for discussions about copyright issues, but can we at least keep them in the realm of reality, rather than fantasyland?<br /><br /><a href="http://www.techdirt.com/articles/20120621/02232219411/google-is-to-pink-slime-as-apples-are-to-airplanes.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120621/02232219411/google-is-to-pink-slime-as-apples-are-to-airplanes.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120621/02232219411/google-is-to-pink-slime-as-apples-are-to-airplanes.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>they're-nothing-alike</slash:department>
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<pubDate>Wed, 21 Mar 2012 00:04:22 PDT</pubDate>
<title>Free For The First Time In Decades, Libyan Media Struggles To Define Itself</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120318/20182018150/free-first-time-decades-libyan-media-struggles-to-define-itself.shtml</link>
<guid>http://www.techdirt.com/articles/20120318/20182018150/free-first-time-decades-libyan-media-struggles-to-define-itself.shtml</guid>
<description><![CDATA[ <p>The Arab Spring sparked plenty of discussion about the roles that social media, mobile devices and other technologies can play in toppling oppressive regimes. But there's another aspect to events in the Middle East that should prove enlightening to those interested in the role of media: what happens afterwards? In Libya, there is suddenly press freedom after 42 years of censorship and government control, and it has led to the appearance of countless new newspapers, websites and TV and radio stations, all working to build a journalistic landscape essentially from scratch. As an article in Global Post reveals, <a href="http://www.globalpost.com/dispatch/news/regions/africa/120301/libya-media-revolution-newspapers-television-radio-journalism-free-speech" target="_blank">the result is understandably somewhat chaotic</a>:</p>

<blockquote><em>"We are yet to see even semi-professional reporting," said Jamal Dajani, the regional vice president for Internews, an international media development organization." TV reports are dominated by unfocused footage and "amateur standups," he says. "There are no standards on presentation. Long reportage and news packages are jumbled together like a mixed cocktail."</em></blockquote>

<p>I find that comment interesting because it echoes some of the criticisms leveled at blogs and online media in the western world. The key difference is that while amateur journalism here has been able to draw upon the resources of traditional media as it develops, in Libya there is no such support structure:</p>

<blockquote><em>A year ago, Libya's entire newspaper industry consisted of only six government-run papers. Television and radio were completely state-owned and international news was heavily censored. Dajani described it as a "one-man media" operation designed to promote former leader Muammar Gaddafi and his family.
<br /><br />
[...]
<br /><br />
The former regime's repression left little chance for most journalists to develop core skills. Even those considered professionals did not have the chance to work in any real capacity as journalists. 
<br /><br />
As Dajani put it, trained Libyan reporters have been "paralyzed" for the past four decades and in the eyes of the new generation they now have "zero credibility." The new landscape has emerged largely through the efforts of unskilled but enthusiastic amateurs.
</em></blockquote>

<p>It's too early to know what will emerge from the post-revolution chaos, but the big question is whether the press will establish its independence&mdash;which isn't guaranteed just because the government was toppled:</p>

<blockquote><em>While government censorship has been almost nonexistent under the new system, Internews has expressed concern about "self censorship" and "public pressure" to omit information that may be deemed "against the revolution."
<br /><br />
[...]
<br /><br />
At the outset of the revolution, free and fair media was a major demand. Unsurprisingly, the media that emerged in the rebel territories took on the identity of the revolution, promoting those devoted to the cause.
<br /><br />
As the new government and constitution begin to take shape, Libya's media has failed to shift from advocacy to neutrality.</em></blockquote>

<p>I think "neutrality" is a dangerous term when it comes to the media, because too much emphasis on remaining neutral leads to sterile he-said-she-said journalism, where reporters don't feel the need to judge the veracity of opposing positions as long as they give them equal airtime. I prefer the standards of <em>transparency</em>, <em>fairness</em> and <em>accuracy</em>: having an opinion is okay, as long as you are upfront about it and open to changing it, and as long as you don't intentionally ignore facts that conflict with it. But this is the good thing about having an open landscape with a wide array of voices: these standards are naturally encouraged, because when one source violates them, others are quick to call them out. As Libyans' focus shifts to the upcoming election, it's likely that the self-censorship will decrease, and the fierce competition in the media will begin to improve the quality throughout.</p><br /><br /><a href="http://www.techdirt.com/articles/20120318/20182018150/free-first-time-decades-libyan-media-struggles-to-define-itself.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120318/20182018150/free-first-time-decades-libyan-media-struggles-to-define-itself.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120318/20182018150/free-first-time-decades-libyan-media-struggles-to-define-itself.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>when-the-shackles-come-off</slash:department>
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<pubDate>Wed, 29 Feb 2012 12:42:34 PST</pubDate>
<title>Big Bank CEO Who Makes $23 Million Says Press Should Stop Focusing On Bank Compensation... Because Reporters Are Overpaid?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml</link>
<guid>http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml</guid>
<description><![CDATA[ JPMorgan Chase CEO Jamie Dimon, who made approximately $23 million last year, apparently doesn't like the press picking on the salaries at big banks like his.  So, he's telling them that <a href="http://www.huffingtonpost.com/2012/02/28/jamie-dimon-newspaper-reporter-pay_n_1307989.html?ref=tw" target="_blank">they're the ones who are overpaid</a>.  To be fair, the <i>context</i> is that he's mocking reporters for focusing on the <a href="http://www.bloomberg.com/news/2012-02-28/jpmorgan-chief-dimon-assails-pay-practices-at-newspapers-in-bank-s-defense.html" target="_blank">compensation ratio</a> statistic that some have brought up in questioning how much banks pay their employees, by noting that the same ratio -- which he rightfully calls a "stupid ratio" -- doesn't necessarily look good for the newspaper industry either.  Of course, most journalists just buzz right by that context and point out how ridiculous it looks for Dimon to complain about how much journalists make, coming from where he's sitting:
<blockquote><i>
<p><a href="http://www.businessweek.com/news/2012-01-21/jpmorgan-chase-trims-chief-jamie-dimon-s-stock-payout-for-2011.html" target="_hplink">Dimon himself took home roughly $23 million</a> in 2011, about the same as the year before, according to Bloomberg. Compare that to newspaper reporters, <a href="http://www.bls.gov/oes/current/oes273022.htm" target="_hplink">who earn an average salary of $43,780</a> according to the Bureau of Labor Statistics, or between <a href="http://www.payscale.com/research/US/Job=News_Reporter/Salary" target="_hplink">$20,000 and $60,000</a> per year according to Payscale. </p>

<p>For fun, let's just compare a bit more. The <a href="http://www.glassdoor.com/Salary/New-York-Times-Journalist-Reporter-Salaries-E960_DAO.htm?filter.jobTitleExact=Journalist%2FReporter" target="_hplink">average reporter at <em>The New York Times</em></a> earns about $93,000 per year, according to Glassdoor.com. <a href="http://www.nytimes.com/2012/02/03/business/media/quarterly-profit-falls-12-2-at-times-co.html" target="_hplink">The New York Times Company reported an operating profit</a> of $56.7 million in 2011.</p>

<p>Dimon's salary not only dwarfs that of us media-folk; he's also making millions more than most of his employees. <a href="http://www.bloomberg.com/news/2012-02-28/jpmorgan-chief-dimon-assails-pay-practices-at-newspapers-in-bank-s-defense.html" target="_hplink">The average JPMorgan employee</a> made $341,552 last year, according to Bloomberg News.</p>
</i></blockquote>
The key point, here, is really that if you're trying to convince the press to <i>stop</i> focusing on stories about reasonable employee pay, you probably <i>should not</i> then directly state that <i>their</i> pay is "just damned outrageous," while then defending bank employee payments by saying, "We are going to pay competitively.... We need top talent, you cannot run this business on second-rate talent."   The implication that the press gets from that -- perhaps on purpose -- is that the media shouldn't pay competitively, doesn't need top talent, and can run its business on second-rate talent.  Some might argue that's already the case... but it's unlikely to get those "second-rate" reporters to drop the issue...<br /><br /><a href="http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i'm-rubber-you're-glue</slash:department>
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<pubDate>Fri, 10 Feb 2012 03:01:11 PST</pubDate>
<title>Do The Differences Between Software Piracy And Media Piracy Matter?</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120208/09521117704/do-differences-between-software-piracy-media-piracy-matter.shtml</link>
<guid>http://www.techdirt.com/articles/20120208/09521117704/do-differences-between-software-piracy-media-piracy-matter.shtml</guid>
<description><![CDATA[ <p>Danah Boyd (or danah boyd as she prefers to be called) is widely recognized as an authority on privacy, identity and social networks.  A couple of weeks ago, in the context of the fight against SOPA, she wrote a blog post where she made <a href="http://www.zephoria.org/thoughts/archives/2012/01/17/stop-sopa.html">an interesting distinction between different kinds of piracy</a>:

<i><blockquote>There are many different aspects of piracy, but for simplicity sake, I want to focus on two aspects that feed into bills like SOPA and PROTECT IP: piracy as a competitive issue vs. piracy as a cultural issue. This can often be split as software piracy vs. media piracy, but not always.</blockquote></i>
She then gives a concrete example:

<i><blockquote>Imagine that you are an appliance manufacturer in the United States. You make things like toasters. You are required to abide by American laws. You must pay your employees at least a minimum wage; you must follow American safety regulations. All of this raises the overhead of your production process. In addition, you must also do things like purchase your software legally. Your designers use some CAD software, which they pay for. Your accountants use accounting software, which they pay for. Sure, you&#8217;ve cut some costs by using &#8220;free&#8221; software but, by and large, you pay a decent amount of money to software companies to use the systems that they built.
<br /><br />
You really want to get your toasters into Wal-Mart, but time and time again, you find yourself undercut by competitors in foreign countries where the safety laws are more lax, the minimum wage laws are nonexistent, and where companies aren&#8217;t punished for stealing software. Are you grouchy? Of course you are. Needless to say, you see this as an unfair competition issue. There aren&#8217;t legal ways of bending the market to create fair competition. You can&#8217;t innovate your way out of this dilemma and so you want Congress to step in and make sure that you can compete fairly.</blockquote></i>

Well, AutoCAD, the leading CAD software, costs a few thousand dollars; the price of accounting programs for businesses varies greatly, depending on the size of the company.  But the overall cost of specialized software for the toaster company needn't be more than a few tens of thousands of dollars (using open source operating systems and office suites helps minimize generic software costs.)  Since you're hoping to get your toasters into Wal-Mart, out of necessity you have high-volume production runs (if you don't, then you're a boutique toaster company, and you can charge premium prices.)  That means the extra cost due to software licensing per toaster will be a few cents. 
</p><p>
Moreover, as that first paragraph quoted above makes clear, the key factor of the "unfair" competition is the radically different cost of manufacturing in countries where wages are lower, and health and environmental standards are less rigorous and hence less costly to implement.  These will make far more difference to the costs than the possible use of pirated software, especially at Wal-Mart scales.
</p><p>
As a result, the logic behind the opening claim of this paragraph in the post seems dubious:

<i><blockquote>Combating software piracy in the supply chain is a reasonable request and part of what makes bills like PROTECT IP messy is that there&#8217;s a kernel of this issue in these bills. Bills like this are also meant to go after counterfeit products. Most folks really want to know what&#8217;s in baby formula or what&#8217;s in the medicines they purchase. Unfortunately, though, these aspects of piracy quickly gets muddled with cultural facets of piracy, particularly once the media industries have gotten involved.</blockquote></i>

The second part is absolutely spot-on, though: people rightly want to know that the medicines and foodstuffs they buy are safe.  That means there is a genuine case for legislation that helps protect consumers against such health and safety dangers.  But that's about combating counterfeits, not fighting digital piracy, much less software piracy.  And that's the crucial distinction: not between software piracy and media piracy, but between digital piracy and analog counterfeits.  
</p><p>
It's important not to blur that difference, as the last sentence of the above paragraph seems to do.  After all, that's precisely the trick the ACTA negotiators used to bring in disproportionate punishments for digital piracy -- by confounding it with counterfeiting that endangered the public's health.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120208/09521117704/do-differences-between-software-piracy-media-piracy-matter.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120208/09521117704/do-differences-between-software-piracy-media-piracy-matter.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120208/09521117704/do-differences-between-software-piracy-media-piracy-matter.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>important-distinctions</slash:department>
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<pubDate>Mon, 23 Jan 2012 11:25:37 PST</pubDate>
<title>Major Media Owning SOPA/PIPA Supporters Whine That They Had No Way To Have Their Message Heard</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120123/04014617509/major-media-owning-sopapipa-supporters-whine-that-they-had-no-way-to-have-their-message-heard.shtml</link>
<guid>http://www.techdirt.com/articles/20120123/04014617509/major-media-owning-sopapipa-supporters-whine-that-they-had-no-way-to-have-their-message-heard.shtml</guid>
<description><![CDATA[ We've been pointing out that one of the big reasons why the MPAA/RIAA and others failed in their efforts to rush through SOPA/PIPA was that they have been totally and completely <a href="http://www.techdirt.com/articles/20120119/21092917484/why-chris-dodd-failed-with-his-sopapipa-strategy.shtml">tone deaf</a> to what's happening online.  And it appears that's continuing.  The LA Times had a bizarre article over the weekend, where people were suggesting that the MPAA needed to <a href="http://www.latimes.com/business/la-fi-ct-hollywood-post-sopa-20120121,0,300154.story" target="_blank">"do a lot of test messaging,"</a> to see what would work in convincing the public that censoring the internet is a good thing.  <i>Test messaging</i>?  Seriously?!?  They still seem to think that this is about a lobbying or PR campaign, rather than actually engaging and hearing what people have to say.
<br /><br />
Even more ridiculous is the new talking point that both the MPAA and the RIAA are apparently "test messaging" currently.  And it's that they -- who own all of the major media outlets around -- are somehow at a disadvantage in communicating their views to the public.  I'm not kidding.  In that article above, Chris Dodd from the MPAA is quoted as saying:
<blockquote><i>
"You've got an opponent who has the capacity to reach millions of people with a click of a mouse and there's no fact-checker. They can say whatever they want."
</i></blockquote>
Yup, that's the new MPAA talking point: "if only you moron internet kids couldn't actually say what you want!"  Does anyone actually brief Dodd about how best <i>not</i> to make it totally transparent that he wants to censor the internet?
<br /><br />
But the RIAA is passing along the exact same message.  Dodd's counterpart at the RIAA, Cary Sherman, is quoted as saying <a href="http://pogue.blogs.nytimes.com/2012/01/19/put-down-the-pitchforks-on-sopa/?ref=personaltechemail&#038;nl=technology&#038;emc=cta1" target="_blank">basically the same thing</a> in the NY Times:
<blockquote><i>
&#8220;It&#8217;s very difficult to counter the misinformation when the disseminators also own the platform.&#8221;
</i></blockquote>
First of all, this is ridiculous on all sorts of levels.  Was it true that some of those against the bill weren't completely up on the facts?  Yes.  But, lots of us were clear on our facts, cited specific language in the bill, and were quick to correct those who stated things that were incorrect.
<br /><br />
But much more to the point: we're talking about all of the major media companies in the world who were in support of this thing, and they're seriously claiming that they <i>didn't have the means to get their message out</i>?  Who the hell do they think they're fooling?  They own all the major TV networks, all the cable news networks, the majority of top magazines, a bunch of top radio stations... and most of those media outlets refused to give critics of these bills the time of day.    But suddenly they're claiming they couldn't get their message out?  Give me a break.
<br /><br />
Even worse, let's compare the two platforms: SOPA/PIPA supporters completely own TV.  But TV is a broadcast medium.  They could put on whatever propaganda they wanted, and there'd be no way to guarantee a right to a response on TV.  The internet, however, is a communications medium, where anyone can take part.  So unlike the reverse situation, the supporters of the bill had <i>every opportunity</i> to counter the claims of people online if they felt they were being misrepresented.  The real problem was that, for the most part, they weren't being misrepresented.  The problem was that people were saying what the bill would actually do, and Hollywood wanted people to focus on what they wanted people to believe the bill would really do.  Reality, it seems, has a strong anti-Hollywood bias.<br /><br /><a href="http://www.techdirt.com/articles/20120123/04014617509/major-media-owning-sopapipa-supporters-whine-that-they-had-no-way-to-have-their-message-heard.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120123/04014617509/major-media-owning-sopapipa-supporters-whine-that-they-had-no-way-to-have-their-message-heard.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120123/04014617509/major-media-owning-sopapipa-supporters-whine-that-they-had-no-way-to-have-their-message-heard.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-come-on</slash:department>
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<pubDate>Thu, 29 Dec 2011 08:39:56 PST</pubDate>
<title>US Mainstream Media Refuses Op-Ed About TSA Eroding Civil Liberties... But Pravda Publishes It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111228/11045117216/us-mainstream-media-refuses-op-ed-about-tsa-eroding-civil-liberties-pravda-publishes-it.shtml</link>
<guid>http://www.techdirt.com/articles/20111228/11045117216/us-mainstream-media-refuses-op-ed-about-tsa-eroding-civil-liberties-pravda-publishes-it.shtml</guid>
<description><![CDATA[ A few months ago, we wrote about how a TSA agent who was involved in an intrusive "pat down" of Amy Alkon <a href="http://www.techdirt.com/articles/20110906/11065015824/tsa-agent-threatens-woman-with-defamation-demands-500k-calling-intrusive-search-rape.shtml">threatened her</a> with a defamation claim for daring to say and write that she felt she was raped by the TSA agent.  Recently Alkon sought to publish an op-ed about her experience and the importance of standing up for one's civil rights in America.  As she notes, pretty much <a href="http://www.advicegoddess.com/archives/2011/12/21/why_did_i_have.html" target="_blank">all of the American mainstream media refused to publish the piece</a>:
<blockquote><i>
Media outlets that refused to publish this piece include the LA Times, The New York Times, Reuters, CNN, The Huffington Post, The Wall Street Journal, Yahoo.com, MSNBC.com, and The Washington Post.
</i></blockquote>
You know who did publish it?  <a href="http://english.pravda.ru/opinion/columnists/21-12-2011/120035-civil_liberties-0/#" target="_blank">Pravda</a>.  Yes, the rather infamous Russian publication.
<blockquote><i>
The TSA's main accomplishment seems to be obedience training for the American public -- priming us to be docile (and even polite) when ordered to give up our civil liberties. Not only does the TSA violate our Fourth Amendment rights, they've posted signs that effectively eradicate our First Amendment right to speak out about it. One such sign, in Denver International Airport, offers the vague warning that "verbal abuse" of agents will "not be tolerated." Travelers are left to wonder whether it's "verbal abuse" to inform the TSA agent with his latex-gloved hands on their testicles that this isn't making us safer, or are they only in trouble if they pepper their statement with obscenities? Not surprisingly, few seem willing to speak out and risk arrest.
</i></blockquote>
Whether or not you agree with Alkon's point, it seems bizarre that the big American media wouldn't even let her speak her mind on the subject...<br /><br /><a href="http://www.techdirt.com/articles/20111228/11045117216/us-mainstream-media-refuses-op-ed-about-tsa-eroding-civil-liberties-pravda-publishes-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111228/11045117216/us-mainstream-media-refuses-op-ed-about-tsa-eroding-civil-liberties-pravda-publishes-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111228/11045117216/us-mainstream-media-refuses-op-ed-about-tsa-eroding-civil-liberties-pravda-publishes-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sad-statement</slash:department>
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<pubDate>Fri, 10 Jun 2011 13:28:00 PDT</pubDate>
<title>Chicago Media Declares War On Flash Mobs, Mayor/Police Not So Much</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml</link>
<guid>http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml</guid>
<description><![CDATA[ Flash mobs are an odd sort of creature in the internet age. Normally, we associate them with some creative ways to entertain others or as a way to organize protests big and small. But now the esteemed Chicago media is reporting that several crimes in the Magnificent Mile area of downtown Chicago &quot;have stoked growing fears of criminal teen flash mobs.&quot; And who has been stoking those fears?
<br /><br />
The <a href="http://www.huffingtonpost.com/2011/06/06/chicago-flash-mobs-appare_n_871924.html">Chicago newspapers</a>, of course -- who have declared that these crimes are all due to "flash mobs."
<br /><br />
Last weekend there were four violent robberies in the city's famous shopping district, most or all of which appear to have been committed by relatively large groups of people (5-15). One such incident, which has been getting the most attention, resulted in a 68 year old man <a href="http://www.suntimes.com/5807665-417/flash-mob-victim-it-just-happened-too-quick.html">having his iPad and phone stolen</a> by a group of teenagers. In addition, a new tactic for young thieves in the shopping districts appears to be to flood a store, disperse, and coordinate a mass grab-and-run via text message. This tactic has been noticed for the past three to four years.
<br /><br />
The result has been a mini-media frenzy around &quot;flash mobs&quot;, even though most of the crimes reported aren't anything of the sort. Most are your standard everyday robberies, occurring in a neighborhood in Chicago where shops and shoppers (theoretically those with money to spend) are located. But four robberies resulted in a couple of press conferences, one including new Police Superintendent Garry McCarthy, who cautioned reporters not to...you know...make stuff up:
<blockquote><i>
The new superintendent cautioned reporters not to lump all of the incidents into the same category. Some are shoplifting. Others are robberies. And on Tuesday night, there was an incident that he called completely unrelated. One group of young men solicited cigarettes from another group of young men. When one man took out his wallet to pay, a member of the other group snatched the wallet and ran.
<br /><br />
&ldquo;These three men chased ten men to get the wallet back and eventually caught up to the ten men and lost the fight. That in no way shape or form represents anything that we&rsquo;ve been talking about,&rdquo; he said.</i></blockquote>
But thanks to this media attention, police are being diverted to the Magnificent Mile, an area with a <a href="http://upload.wikimedia.org/wikipedia/commons/2/29/Chicago_violent_crime_map_2006.png">relatively low violent crime rate</a>, historically. What's interesting is how associations with certain terms can change. Flash mobs were fun. Now, thanks to a local press with an overactive imagination during a slow news week (ah, Chicago baseball teams...), Chicago is beginning to associate negativity with the term, so much so that police are being diverted from truly violent neighborhoods to the shopping district to stave off the fear of unruly teenagers coordinating their crimes via text message and social media. And if the police are reacting this way now, at the start of the summer season, what in the world are they going to do during the festival season, when destinations like the Taste of Chicago and Lollapolooza spring up?<br /><br /><a href="http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>meet-me-in-the-comments-section-in-five-minutes</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110609/06401714634</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 29 Apr 2011 07:08:47 PDT</pubDate>
<title>The First Amendment Doesn't Care If Wikileaks Is A Media Organization</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110426/02303114036/first-amendment-doesnt-care-if-wikileaks-is-media-organization.shtml</link>
<guid>http://www.techdirt.com/articles/20110426/02303114036/first-amendment-doesnt-care-if-wikileaks-is-media-organization.shtml</guid>
<description><![CDATA[ One of the big debates over Wikileaks in the last few months was whether or not Wikileaks really was a media organization.  Of course, as some people are finally realizing: <a href="http://blogs.forbes.com/andygreenberg/2011/04/21/is-wikileaks-a-media-organization-the-first-amendment-doesnt-care/" target="_blank">it doesn't matter</a>.  The First Amendment should protect the organization no matter what kind of organization it is:
<blockquote><i>
That's one argument in an article <a href="http://hlpronline.com/2011/04/wikileaks-the-first-amendment-and-the-press/" target="_blank">that appeared Wednesday in the Harvard Law and Policy Review</a> by Jonathan Peters, a lawyer and research fellow at the Missouri School of Journalism. The First Amendment, Peters argues, protects both free speech and freedom of the press, and neither of those protections is any more or less powerful in protecting an organization that publishes classified documents. The amendment, after all, reads "Congress shall make no law... abridging the freedom of speech, nor of the press," and doesn't make a distinction between the level of protection on either one of those two clauses.
<br /><br />
"The First Amendment does not belong to the press," Peters writes. "It protects the expressive rights of all speakers, sometimes on the basis of the Speech Clause and sometimes on the basis of the Press Clause. To argue that the First Amendment would protect Assange and WikiLeaks only if they are part of the press is to assume (1) that the Speech Clause would not protect them, and (2) that there is a major difference between the Speech and Press Clauses."
</i></blockquote>
This seems like an important reminder for those still arguing over how to classify Wikileaks.<br /><br /><a href="http://www.techdirt.com/articles/20110426/02303114036/first-amendment-doesnt-care-if-wikileaks-is-media-organization.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110426/02303114036/first-amendment-doesnt-care-if-wikileaks-is-media-organization.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110426/02303114036/first-amendment-doesnt-care-if-wikileaks-is-media-organization.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>either-way...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110426/02303114036</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 21 Feb 2011 22:03:00 PST</pubDate>
<title>European Commission Chickens Out: Allows Hungarian Media Censorship</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110221/02285613183/european-commission-chickens-out-allows-hungarian-media-censorship.shtml</link>
<guid>http://www.techdirt.com/articles/20110221/02285613183/european-commission-chickens-out-allows-hungarian-media-censorship.shtml</guid>
<description><![CDATA[ There was plenty of <a href="http://www.techdirt.com/articles/20110103/15511912501/civil-liberties-groups-worried-about-hungarian-media-censorship-just-as-hungary-takes-over-eu-presidency.shtml">concern</a> earlier this year, as Hungary took over the EU Presidency just at the same time it had passed a worrying new <a href="http://www.techdirt.com/articles/20101221/02482212355/hungary-venezuela-each-start-to-regulate-internet-content-to-stop-political-commentary-govt-doesnt-like.shtml">internet censorship</a> law that lets the government fine any content provider that it judges to not be sufficiently "balanced."  The European Commission apparently had planned to criticize the law... but somehow chickened out at the last minute.  <a href="https://twitter.com/#!/glynmoody/statuses/39257580513656832" target="_blank">Glyn Moody</a> points us to a (slightly confusing) account of what happened, where minutes before a vote was to be taken, <a href="http://www.iptegrity.com/index.php?option=com_content&#038;task=view&#038;id=622&#038;Itemid=9" target="_blank">some sort of "deal" was struck</a> that appears to let Hungary continue to censor the media.  Among the "concessions," it appears that the "balanced" part won't apply to internet-only media, but will still apply to other media.  Online publications, though, still have to register with the government, and can face fines or get "dropped" from the register -- barring them from continuing to publish -- if they violate certain rules.  As the report notes, this still seems like it goes against the basic concepts of freedom of expression and freedom of the press.<br /><br /><a href="http://www.techdirt.com/articles/20110221/02285613183/european-commission-chickens-out-allows-hungarian-media-censorship.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110221/02285613183/european-commission-chickens-out-allows-hungarian-media-censorship.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110221/02285613183/european-commission-chickens-out-allows-hungarian-media-censorship.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-moral-backbone</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110221/02285613183</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 1 Feb 2011 09:05:20 PST</pubDate>
<title>Metered Bandwidth Isn't About Stopping The Bandwidth Hogs; It's About Preserving Old Media Business Models</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110126/03531712831/metered-bandwidth-isnt-about-stopping-bandwidth-hogs-its-about-preserving-old-media-business-models.shtml</link>
<guid>http://www.techdirt.com/articles/20110126/03531712831/metered-bandwidth-isnt-about-stopping-bandwidth-hogs-its-about-preserving-old-media-business-models.shtml</guid>
<description><![CDATA[ For years, we've spoken about why <a href="http://www.techdirt.com/articles/20070911/194749.shtml">metered broadband stifles innovation</a>, by adding serious additional mental transaction costs and limits to anything you do online.  If you look at the history of various online services, you know that AOL didn't really catch on until it went to a flat-rate plan from an older metered (by time) plan.  It makes a huge difference in how people use the internet, and putting gates and fences around them doesn't just keep the bandwidth down, but it limits all sorts of innovative services that rely on the fact that end users have no limits on their bandwidth.  In the end, metered broadband always appears to be a way for ISPs to squeeze more and more money out of people.
<br /><br />
However, as Canadian regulators seem prepared to let Bell Canada force all DSL providers into offering metered broadband, some are pointing out another reason for metered broadband.  Not only does it stifle basic innovation, but it also <a href="http://www.theglobeandmail.com/news/opinions/opinion/a-metered-internet-is-a-regulatory-failure/article1881250/" target="_blank">protects the legacy media/entertainment industry</a> and their business models.  If downloading becomes more "expensive," then, in theory, fewer people will use services that require higher bandwidth.  And this isn't just file sharing services either, but things like Netflix, which many studios still wish to limit and control when it comes to its online streaming plans.  None of this is about "bandwidth hogs," at all.  It's all about putting up barriers to anything that might be disruptive to legacy industries.<br /><br /><a href="http://www.techdirt.com/articles/20110126/03531712831/metered-bandwidth-isnt-about-stopping-bandwidth-hogs-its-about-preserving-old-media-business-models.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110126/03531712831/metered-bandwidth-isnt-about-stopping-bandwidth-hogs-its-about-preserving-old-media-business-models.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110126/03531712831/metered-bandwidth-isnt-about-stopping-bandwidth-hogs-its-about-preserving-old-media-business-models.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>stifling-innovation</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110126/03531712831</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 30 Dec 2010 12:17:00 PST</pubDate>
<title>As Predicted: iPad Magazine Subscriber Numbers Plummeting</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101230/02410112465/as-predicted-ipad-magazine-subscriber-numbers-plummeting.shtml</link>
<guid>http://www.techdirt.com/articles/20101230/02410112465/as-predicted-ipad-magazine-subscriber-numbers-plummeting.shtml</guid>
<description><![CDATA[ Right before the iPad launched, we warned media companies that expected iPad apps to be their savior that they were <a href="http://www.techdirt.com/articles/20100402/1216068849.shtml">making a mistake</a>.  Specifically, it seemed that this was all wishful thinking from publishers, who were hoping to go back to a gated system that they had used for many years.  They were betting on restrictions, which is never a good bet.  Of course, the early numbers actually sounded good, with many magazines trumpeting how many iPad subscribers they got in the first few months.  But, it appears that many people tested out iPad magazines, and then decided they just weren't worth it.  Again, this is not a huge surprise.  Just a few weeks ago, we again discussed how iPad magazines generally <a href="http://www.techdirt.com/articles/20101109/22172611786/why-ipad-magazine-apps-suck-they-re-defined-by-the-past-not-the-future.shtml">suck</a>, and it was unlikely they were going to have lasting success.
<br /><br />
Even so, it's still surprising to see just how <a href="http://latimesblogs.latimes.com/technology/2010/12/magazine-sales-on-apples-ipad-have-quickly-declined.html" target="_blank">dramatic the dropoff has been</a> -- especially in a platform that is apparently still selling like hotcakes.  Wired Magazine, which initially appeared to drink the Kool-Aid big time on using iPad apps, now sees less than a quarter the number of buyers that it had when it put out its first iPad issue.  Vanity Fair, Glamour, GQ and some others have all seen big declines.
<br /><br />
Hopefully this will kill off the dream of just recreating magazines for the iPad, and content providers can focus on creating tools that are actually useful, rather than just on replicating the structure of a magazine in a digital format.<br /><br /><a href="http://www.techdirt.com/articles/20101230/02410112465/as-predicted-ipad-magazine-subscriber-numbers-plummeting.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101230/02410112465/as-predicted-ipad-magazine-subscriber-numbers-plummeting.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101230/02410112465/as-predicted-ipad-magazine-subscriber-numbers-plummeting.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>gee,-who-woulda-thunk-it</slash:department>
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</item>
<item>
<pubDate>Wed, 17 Nov 2010 16:25:25 PST</pubDate>
<title>James Murdoch: Hoping All Media Businesses Act Like Pay TV</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101117/00001111905/james-murdoch-hoping-all-media-businesses-act-like-pay-tv.shtml</link>
<guid>http://www.techdirt.com/articles/20101117/00001111905/james-murdoch-hoping-all-media-businesses-act-like-pay-tv.shtml</guid>
<description><![CDATA[ I spent last week at the <a href="http://www.monacomediaforum.org/" target="_blank">Monaco Media Forum</a>, which was quite an event overall.  Of course, as with many such events, many of the most interesting and valuable parts happen outside of the main sessions in the conversations and meetings you have with people separate from the scheduled topics.  The good thing that I took away from the event was a pretty wide sense of optimism about the vast media world that we're heading into.  Having attended plenty of entertainment industry conferences lately, which seem to be surrounded by doom &#038; gloom predictions, this event was blissfully full of a pretty optimistic viewpoint, which was refreshing and a bit encouraging.  Of course, as a caveat on that, there really weren't that many actual <i>media</i> people at the event.  Instead, there were lots of technology/infrastructure companies as well as ad and marketing firms -- and all of those have plenty of incentives to be as optimistic as possible.  Perhaps it's the media folks who are depressed... but they stayed away.
<br /><br />
One exception was James Murdoch, who was actually a "co-chair" of the event, and he gave an <a href="http://www.youtube.com/watch?v=pQ0R6YctWS4" target="_blank">interview discussing a wide range of things</a> that are happening around News Corp.  The entire video is about 37 minutes, but it's quite interesting:
<center>
<object width="560" height="445"><param name="movie" value="http://www.youtube.com/v/pQ0R6YctWS4?fs=1&#038;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/pQ0R6YctWS4?fs=1&#038;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="445"></embed></object>
</center>
Having <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082:cx0qff-dnm1&#038;cof=FORID:9&#038;ie=ISO-8859-1&#038;q=james+murdoch">questioned</a> many of James Murdoch's recent statements on <a href="http://www.techdirt.com/articles/20101102/02570411678/murdoch-s-paywall-numbers-sound-better-than-they-really-are.shtml">paywalls</a> and <a href="http://www.techdirt.com/articles/20100521/1807199537.shtml">copyright</a>, I have to say that my initial impression was actually to be impressed.  Here's a guy who -- without much experience -- is running a huge swath of the media industry around the world, and seems to have a very strong working knowledge of what's going on across the board, and can speak knowledgeably about them all.  Many people I spoke with at the event felt the same way.  On top of that, I actually agreed with many of the larger points he made about innovation, and the need to make bets on innovating, rather than just protecting their businesses and milking them for cash.
<br /><br />
However, when he got down to the specifics, I went back to questioning many of his assumptions, and thinking that his world view may, in fact, be a bit skewed by his previous success (after, it should be noted... a string of failures, not mentioned at the interview) at BSkyB, a satellite TV provider in the UK.  The more the interview went on, the more I realized that Murdoch appears to view much of the media world through that lens, and seems to saying that, in the end, the media world will end up like a giant pay TV system, with a big subscription.  I think this is more wishful thinking, rather than where the internet is actually heading, and treating the internet that way will almost certainly result in failure -- such as with his paywall experiments.
<br /><br />
He talks up the various successes with pay television (satellite and cable) around the globe, including Italy, Germany and India, and again that seems to influence his views.  He points out, repeatedly, that no one really thought that going into those markets would work, but News Corp. proved all the doubters wrong -- as he no doubt believes the doubters on the internet will also be proven wrong.  He gets into the discussion with the following statement, which got most of the attention (and a bunch of Twitter messages of support from those in the audience):
<blockquote><i>
I think there's a lot of talk about monetizing content and there was hand-wringing and for years and years... I remember in the late 90s I was in Singapore, and people were talking about mobile media and what is it going to be and what are the killer apps and all that sorta stuff... And I guess, I just look at it more simply.  <b>I think the first rule of is if you're going to monetize something is that you should probably not give it away for free</b>.
</i></blockquote>
This is at <a href="http://www.youtube.com/watch?v=pQ0R6YctWS4&#038;t=14m25s" target="_blank">14:25 in the video</a>, and you really have to see the sarcastic eye rolls when he says that last line.  And, you can immediately hear the laughter in the audience (which was much louder).  But here's the thing: he's wrong.  And he <i>must</i> know that he's wrong.  Media businesses have made tons of money for <i>years</i> while giving away stuff for free.  The very, very successful network television business (of which News Corp. owns one), for example, was always based on giving stuff away for free, but selling the attention of viewers.  The newspaper business (which is where News Corp. originated) wasn't based on giving away stuff for "free" totally, but on subscriptions that never even covered the cost of printing and delivery.
<br /><br />
No, this doesn't mean everything should be given away for free, but as the CEO of a large chunk of News Corp's media business, and supposedly being thought of as the guy at the company who "gets" new media and new media economics, it seems troubling that he so flippantly ignores the basic economics of non-excludable, non-rivalrous content, and how it can be utilized as part of a larger business model, by making other things more valuable and selling <i>them</i>.
<blockquote><i>
So if you think about it and you're investing in things and you say 'I'm trying to figure out how to make money for this,' and then you give it away, it doesn't seem to work.
</i></blockquote>
James might want to check out a little company called Google, which has done rather well giving away lots of things for free.  
<br /><br />
From there, he talks about "fair" pricing, and how they want to invest in content and price it fairly knowing that not everyone will consume it.  But, of course, that's not really the issue.  It's not about "fair" pricing.  It's about <i>market</i> pricing.  And if everyone else is offering market pricing and you're focused on "fair" pricing -- and your so-called "fair" pricing is above the market pricing, it's not that "not everyone" will consume it, but almost no one will consume it.  And that's where you run into problems.  Hell, I put a ton of work into this site.  Let's say I think a "fair" price for anyone reading this site is a dollar a day.  But, the market says otherwise, so my job, as someone running a business, is to figure out a way to get that money by offering something of value that can be priced not fairly, but <i>competitively</i> that the market will want to buy.  That's what business is about.  It's not about "fairness."  It's about understanding the market.
<br /><br />
Now, that said -- the point he makes following this is one I agree with wholeheartedly -- which is that if someone is not willing to pay, then it doesn't mean that it's the users' fault, but that as the content producer/copyright holder/etc.  It's News Corp's job to innovate and convince people that there's something worth paying for.  That's the whole basis of my <a href="http://www.techdirt.com/articles/20091119/1634117011.shtml">"reason to buy"</a> concept.  But, the problem here is that simply designating a "fair price" when it's way above market price, is usually not a reason to buy, especially when your product is in a highly competitive and dynamic market, as is the case with news.
<br /><br />
It's the next bit where you realize how much he's still focused on the pay TV business.  He notes that, in Europe and Asia, 70% of the company's revenue is from subscriptions -- rather than advertising.  He uses this to suggest that people online were so focused on reach and audience share, that they weren't focused on actually making money.  Again... he's right on the facts, but wrong on where that leads him.  It's true that many in the online world did not focus on making money, and that was a huge mistake.  But that doesn't mean that putting up a paywall is a good strategy to make money.  And that's where I think the major disconnect comes in.
<br /><br />
He then makes the specific statement that the online news business will become like the cable business, with bundles and affiliate revenue.  Here he's making the <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">classic pay TV industry error</a> of being so infatuated with the fees that are being passed around to carry channels, that they're hoping to recreate such a world online.  But, this ignores the <i>reason</i> those setups have developed (limited competition and scarcity of access -- both of which don't apply in the online world) as well as the incredible frustration this has created with consumers, who are fleeing in droves (something Murdoch more or less tries to dismiss during the Q&#038;A by saying many of the cord cutters in the US are doing so because the "deals" to get people to switch from analog to digital TV are up).
<br /><br />
It's a bit amusing to hear him note that iPad apps for newspapers are <i>much</i> more cannibalistic than news websites.  Again, I believe that point is absolutely true, but he seems to ignore the implicit other point he's making here: which is that web pages really weren't all that cannibalistic of newspapers.
<br /><br />
Of course, the other funny thing is that you can see pretty clearly throughout the interview that one of his key talking points is this idea that "News Corp." isn't that big.  Towards the beginning he starts to call it a big media company, but then corrects himself and says "mid-size."  Later, he makes sure to note that Apple is ten times the size of News Corp., and that a company like BT is making much more money in the UK.  The banker interviewing him mentions Amazon as a larger company.  But that's all smoke and mirrors.  News Corp. is the third largest media company in the world, only behind Disney and Time Warner, has over $30 billion in revenue and $54 billion in assets.  Sorry, James, you're not a mid-sized business.  You're a big, big business.
<br /><br />
Towards the end, in response to an audience question about cord cutting and how it will impact News Corps.' business, Murdoch again brings up how they'll just make it like cable to some extent, and then falls back on the "but content is really expensive to make" line, by pointing out that, while other industries may find that things get cheaper thanks to technology, that's not true in content production.  He pops out this lovely line:
<blockquote><i>
There is no new technology that makes athletes not greedy....  And I think that's really something that the telco industry and a lot of the tech industry hasn't really understood -- that there's (chuckle) a whole economy behind this...
</i></blockquote>
It gets a laugh, and afterwards I heard a lot of people say they agreed and it was a good point.  But, I think it's a line that sounds good and masks that he's discussing two separate things.  The first question is the cost of producing content.  The other question is how do you make money.  But those two are not the same question.  No one has said that you don't make money.  Saying that your business model has to <i>change</i> is not the same thing as saying you don't make any money.  If your content is expensive to produce, then yes, of course, you need to figure out a way to have it make money, but that doesn't mean that simply charging for it is the way to do that.  You can get away with charging for ancillary things (convenience being a big one), but it's important to recognize what people are really paying for, or you risk alienating them quite a bit, and driving them to alternative means of content consumption.
<br /><br />
On the whole, I actually came out of this more impressed with Murdoch than when I went in.  However, I still think that he's making some pretty serious mistakes in his assumptions, and it's going to come back to haunt him and News Corp. in the long run.  The failure of the paywall for The Times is just the early warning sign.<br /><br /><a href="http://www.techdirt.com/articles/20101117/00001111905/james-murdoch-hoping-all-media-businesses-act-like-pay-tv.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101117/00001111905/james-murdoch-hoping-all-media-businesses-act-like-pay-tv.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101117/00001111905/james-murdoch-hoping-all-media-businesses-act-like-pay-tv.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>monaco-media-forum</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101117/00001111905</wfw:commentRss>
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<item>
<pubDate>Fri, 12 Nov 2010 16:33:22 PST</pubDate>
<title>Newsweek Merges With The Daily Beast... To Shut Down Newsweek?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101112/15505511834/newsweek-merges-with-the-daily-beast-to-shut-down-newsweek.shtml</link>
<guid>http://www.techdirt.com/articles/20101112/15505511834/newsweek-merges-with-the-daily-beast-to-shut-down-newsweek.shtml</guid>
<description><![CDATA[ Lots of talk today about the fact that Newsweek, the struggling magazine that's been around for 77 years, has merged with two-year old website The Daily Beast, which never really picked up all that much traffic considering its ambitions.  But in an odd move, reports now are saying that the plan <a href="http://www.mediaweek.com/mw/content_display/news/magazines-newspapers/e3ic1904d9b2e94022a0037f7ce53d9658f?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A Mediaweek-Magazines-And-Newspaper %28Mediaweek News - Magazines and Newspaper%29" target="_blank">is to shut down the Newsweek site</a> and to keep The Daily Beast running.  If that's the case... um... why merge at all?  Newsweek has the more well known brand and much more traffic.  This sounds like an ego merger, where the idea is just to promote the fact that The Daily Beast devoured Newsweek.  And that gets you, what, the attention of a tiny group of media business insiders for a couple weeks?<br /><br /><a href="http://www.techdirt.com/articles/20101112/15505511834/newsweek-merges-with-the-daily-beast-to-shut-down-newsweek.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101112/15505511834/newsweek-merges-with-the-daily-beast-to-shut-down-newsweek.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101112/15505511834/newsweek-merges-with-the-daily-beast-to-shut-down-newsweek.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sense-and-nonsense</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101112/15505511834</wfw:commentRss>
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<pubDate>Fri, 23 Apr 2010 05:53:31 PDT</pubDate>
<title>NPR Takes Down Vision Media's Claims; Will Vision Media Sue NPR -- Or Does It Only Sue Small Operations?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100422/1626279148.shtml</link>
<guid>http://www.techdirt.com/articles/20100422/1626279148.shtml</guid>
<description><![CDATA[ Earlier this year, we wrote about Vision Media TV, a company that appeared to be participating in a questionable game of convincing non-profit organizations to pay tens of thousands of dollars to be featured in a television program with broadcaster Hugh Downs that would appear on "public television."  The implication is that these shows will air on PBS, but that's not the case.  In fact, PBS has a warning on its website telling people it's not associated with these offerings at all.  We've even been approached by similar offerings (though, not involving Hugh Downs -- and the one where we were approached involved getting an "award" for "best small business" or something similar).  About a year and a half ago, the NY Times wrote an article <a href="http://www.nytimes.com/2008/08/16/us/16pitch.html?_r=2" target="_blank">trashing Vision Media TV</a>.  The company insisted that the article was false and defamatory but, tellingly, chose not to sue.
<br /><br />
Instead, it later <a href="http://www.techdirt.com/articles/20100122/0236407864.shtml">sued</a> the small site 800notes.com, because some people there had written negatively about Vision Media TV in explaining who was calling from Vision Media's phone number.  Paul Alan Levy, from Public Citizen, who is defending 800Notes, also found himself targeted, after Vision Media sought to <a href="http://www.techdirt.com/articles/20100128/1558417967.shtml">bar him</a> from posting <i>public</i> documents about the case on Public Citizen's website -- an attempt that failed.  Of course, it did help Levy <a href="http://www.techdirt.com/articles/20100304/1742408426.shtml">find more info</a> about the company, including that similar pitches have come from differently named companies, using the same address as Vision Media TV, that pitched (instead of Hugh Downs), Walter Cronkite and Mike Douglas -- both of whom ended up suing the company, claiming they were misled by the company.
<br /><br />
Levy says he's asked Vision Media why it never sued the NY Times over its article, and the company's lawyer responded "I should have," but supposedly the statute of limitations had already passed.  Well, now Levy <a href="http://pubcit.typepad.com/clpblog/2010/04/vision-medias-claims-panned-by-npr-will-hugh-downs-stand-up-for-his-principles.html" target="_blank">is pointing out that Vision Media has a second chance</a> to sue a big media player, since NPR just did a <a href="http://www.npr.org/templates/story/story.php?storyId=126056182&#038;sc=emaf" target="_blank">devastating takedown of Vision Media TV</a> and its practices:
<blockquote><i>
 "They are selling something that they generally cannot deliver," says Garry Denny, program director of Wisconsin Public Television and a past president of the professional association of programming officials for PBS member stations. "In fact, they are probably not carried by any public television station around the country."
<br /><br />
Officials at PBS and at PBS member stations in California, Colorado, Kentucky, New York, South Carolina and Virginia were all aware of the Hugh Downs spots. Yet not one knew of a concrete instance in which the spots featuring Downs appeared on their stations or those of others. PBS and its member stations say they adhere to guidelines banning marketing programming paid for by subjects of the programs. 
</i></blockquote>
To be fair, the article and Vision Media point out that the videos can be useful as marketing materials or infomercials even if they don't appear on public television -- but the whole pitch involving Hugh Downs is where things get questionable.  His contract only lets him be involved if the stuff is on public television, and the marketing focuses on Downs involvement, even if that's unlikely to happen for most organizations who pay up -- which certainly <i>suggests</i> misleading marketing:
<blockquote><i>
According to both Downs' agent and Vision Media's Miller, the retired anchor's contract limits his involvement to public television. Yet for many people approached by Vision Media's cold-calling pitchmen, he's by far the strongest selling point.
<br /><br />
One of the firms recently pitched is Portland, Maine-based Putney Inc., which develops generic drugs for pets. "Hugh Downs! I know that name," said Jean Hoffman, Putney's CEO. "We were of course pretty excited, pretty interested, and pretty eager to cooperate."
<br /><br />
It seemed like a splendid opportunity, until Hoffman and her colleagues started to bore in on the details. "They send the signal that they're doing a story" as journalists, Hoffman said. "Then, they try to sell us what under questioning was revealed to be advertising."
</i></blockquote>
Others, who did buy into the videos, claim that the pitch about public television was what got them interested in the first place:
<blockquote><i>
 Robert Biggins is past president of the funeral director trade group and owner of a funeral home in Rockland, Mass. He said Vision Media's promise of a presence on public television and the involvement of Downs were crucial.
<br /><br />
"He brings a credibility in reporting," Biggins said. "I felt that dealing with an organization that he's so intimately involved in gave us the opportunity to share our message, and to do so in a warm and gracious manner."
<br /><br />
If their spots did not air on public television, Biggins said, "That would be a serious concern."
<br /><br />
The National Funeral Directors Association provided NPR with a copy of the contract it signed with Vision Media. The association paid $22,900 in 2007 for the production of different versions of the spot, plus an additional $3,000 as a "location fee" -- presumably for travel costs. The contract and additional material from Patrick Wilson of American Artists, the segments' distributor, stated the "estimated reach is over 40 million households" on public television stations. The brochure also suggests the spots will reach 84 million households nationwide on cable -- the overwhelming majority of all homes subscribing to cable television. 
</i></blockquote>
So, if Vision Media's lawyer said he wished he had sued the NY Times over a very similar article from a couple years ago, will he now sue NPR?  Or is it easier to focus on small sites with much smaller budgets?<br /><br /><a href="http://www.techdirt.com/articles/20100422/1626279148.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100422/1626279148.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100422/1626279148.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>we-shall-see</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100422/1626279148</wfw:commentRss>
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<pubDate>Thu, 24 Dec 2009 18:25:00 PST</pubDate>
<title>Why Are Publications Trying To Bite The Google Hand That Feeds Them?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091223/1118567487.shtml</link>
<guid>http://www.techdirt.com/articles/20091223/1118567487.shtml</guid>
<description><![CDATA[ Someone anonymously submitted a decent writeup by John A. Byrne, the former editor-in-chief at Business Week who recently left (amid the shakeup due to Bloomberg buying the magazine) to start a new media effort called C-Change Media.  In this blog post, Byrne argues that the media complaining about Google sending them traffic <a href="http://www.c-changemedia.com/2009/12/google-media-biting-hand-that-feeds-you.html" taget="_blank">is biting the hand that feeds them</a>.  There's really not much new in the writeup, which runs over the same ground we've covered for a few years now, but it's a nice succinct summary of the situation:
<blockquote><i>
Rupert Murdoch's protestations aside, there is no doubt that Google is driving vast amounts of traffic to websites run by traditional media companies. In recent years, most of BusinessWeek.com's growth came from search optimization and direct traffic. Up until only three years ago, the number one referring domain at BusinessWeek was always a portal until Google's popularity replaced Yahoo Finance and MSN Money as the top referrer. Search--largely Google--now accounts for some 45% of the traffic  at BW.com, up from less than 20% in 2006. That simple little box is driving vast amounts of advertising inventory (and therefore revenue) to the site. It's a similar story everywhere else.
<br /><br />
In the war between the traditional media brands and Google, the old cliche about biting the hand that feeds you is certainly in play. Some of the complaints from media can be attributed to sour grapes. Many incumbents resent that most efforts to find information on the Web no longer starts with a brand. It starts with Google which is largely brand agnostic. So, in effect, Google has become this massive transaction machine, and as everyone knows, transactions are the antithesis of relationships. If a brand wants a relationship with its audience, Google is getting in the way. It's how Google was able to siphon nearly $22 billion last year in advertising from traditional media. And it's the most obvious proof that media brands have diminished in value. People are more routinely turning to Google to get information, rather than a brand known for its expertise in a given area. They'll google (yes, I'm using Google as a verb) leadership before going to The Wall Street Journal, Fortune, BusinessWeek, or Harvard Business Review. They'll google President Clinton before going to The New York Times, Time, or Newsweek. Why? Because they trust Google to serve up unbiased results; because they want to see what is generally available out there and not tied to a brand, and because most brands no longer wield the power and influence they did years ago.
<br /><br />
Instead of complaining about this and threatening to block Google from crawling a site, media companies would do well to step back and more fully understand what they really need to do: rebuild the relationships they have with their readers, viewers, users. To offset the massive transaction machine that Google is, media brands need to focus on restoring relationships with users. That's why "user engagement" is not an idle phrase to throw around but is essential to making a brand successful online. Original content isn't enough. Gee-whiz tech tricks aren't enough. Neither is a fancy design or a search trap gimmick. You need an audience that is deeply and meaningfully engaged in the content of a site, so engaged in fact that many of those users become collaborators, and that requires tremendous amounts of work and editorial involvement with the audience.
</i></blockquote>
Indeed.  It's the point we've been trying to make for ages.  Newspapers were always in the community building business.  They would bring together a community of folks and then sell their attention to advertisers.  That was the business.  But they thought they were in the news delivery business, and that's confusing them -- leading them to do things that are anti-community and anti-relationship (registration walls, paywalls, etc.) that actually harm the value of the community and limit that.  Thus, people are going elsewhere for community -- whether it's other media publications or social network sites -- and newspapers are lashing out at the wrong party: the one who sends them traffic.<br /><br /><a href="http://www.techdirt.com/articles/20091223/1118567487.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091223/1118567487.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091223/1118567487.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>questions-worth-asking...</slash:department>
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<pubDate>Mon, 9 Nov 2009 11:11:02 PST</pubDate>
<title>Virtual Goods, Scams, Investigative Reporting And The Media</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091108/1122426850.shtml</link>
<guid>http://www.techdirt.com/articles/20091108/1122426850.shtml</guid>
<description><![CDATA[ For many years, we've been <a href="http://www.techdirt.com/articles/20061114/181724.shtml">quite skeptical</a> of any business model in virtual worlds/social networks that rely on "buying virtual goods."  That's because these are all based on artificial scarcities, and as we all know (hopefully, by now), relying on artificial scarcities for a business model is incredibly risky, especially once people realize the scarcities are artificial.  And yet, over the past few years, a number of businesses have been built on this very premise.  In fact, Silicon Valley is crawling these days with businesses built on selling virtual goods, and if you talk to many VCs about it, you'll quickly note that they're positively giddy over the fact that people are paying for this stuff.  What they don't seem to realize is that it's unlikely to last.
<br /><br />
In the last couple weeks, Mike Arrington, over at TechCrunch, did an amazing job calling attention to the widely known, but rarely discussed in polite company, dark underbelly to most of those business models: <a href="http://www.techcrunch.com/2009/10/31/scamville-the-social-gaming-ecosystem-of-hell/" target="_blank">quite a large part of their revenue is based on scammy offers</a> that effectively trick unsophisticated purchasers (often kids) into signing up for expensive subscriptions to things they don't want.  I was at an investor "roundtable" a couple months ago, which was mostly bankers in suits, and they were laughing about just how gullible people are on these things, and it's great to see TechCrunch exposing them, and pushing the worst abusers to clean up their act.  Of course, even when some, like Zynga, <a href="http://www.techcrunch.com/2009/11/02/zynga-takes-steps-to-remove-scams-from-games/" target="_blank">claim to be</a> cleaning up their act, Arrington was able to dig up a video where Zynga's CEO <a href="http://www.techcrunch.com/2009/11/06/zynga-scamville-mark-pinkus-faceboo/" target="_blank">proudly talked about the scammy tactics he used</a> -- and then noted that these same scammy tactics <a href="http://www.techcrunch.com/2009/11/07/horrible-things-slink-back-into-zynga/" target="_blank">showed right back up on Zynga</a>, after the company promised they were gone.  Those who use these kinds of tactics may find that while they "bring revenue now," it may be short-lived.  Companies that focus on such abusive tactics live to regret it (just ask RealNetworks).
<br /><br />
But, the really amazing thing, as pointed out by Dan Lyons/Fake Steve Jobs, in an amazingly un-Fake-Steve-Jobs-like rant, is <a href="http://www.fakesteve.net/2009/11/why-mainstream-media-is-dying.html" target="_blank">to compare the series of writeups by Arrington</a> with the <a href="http://www.nytimes.com/2009/11/07/technology/internet/07virtual.html?ref=technology" target="_blank">love letter to Zynga and other "virtual goods" companies in the NY Times</a>, which came out after most of Arrington's posts, and makes no mention of them at all.  As Lyons/FSJ notes:
<blockquote><i>
So: they walked into this shit-storm and somehow, by some miracle, managed not to notice the fecal matter flying all around them. It's like covering a football game that took place in the middle of the blizzard and neglecting to mention the weather.<br /><br />Now, maybe they did all the reporting before Arrington's stuff broke. In which case they should have gone back and updated their info. Or maybe, just maybe, Zynga's PR people teed up a Times story as a kind of rebuttal to what Arrington was reporting. Either way, that's what ended up happening: Zynga used the Times to deflect the bad shit flying at them from Arrington. They need good press because they're hoping to cash out by going public next year. That story in the Times will be worth millions. Many millions.<br /><br />Meanwhile, Arrington, still digging, <a href="http://www.techcrunch.com/2009/11/07/horrible-things-slink-back-into-zynga/">blasted again</a> on Saturday night, reporting that sleazy ads had popped up again on Zynga, despite promises that they would be taken down.<br /><br />Um, New York Times? If you guys are still wondering why people are dropping their subscriptions and getting their news from blogs instead of you -- </i><i>this is why</i>.
</blockquote>
After which, Lyons/FSJ notes:
<blockquote><i>
And to all those people who go around wringing their hands and saying what are we going to do when the "real newspapers" all die and we have to get our news from Gawker and HuffPo and TechCrunch? Friends, I think we're going to be just fine.... What really cracks me up is how often I still hear people say that bloggers are mere "aggregators" and the "real journalism" gets done at places like the Times.  Because time after time, blogs are simply beating the shit out of the newspapers. They're the ones who still dare to go for the throat, while their counterparts at big newspapers just keep reaching for the shrimp cocktail.
</i></blockquote>
Of course, there's just a <i>bit</i> of irony in noting that Dan Lyons wrote one of the quintessential <a href="http://www.techdirt.com/articles/20051027/2017228_F.shtml" target="_blank">blog bashing articles</a> four years ago, when he was writing for Forbes, at one point suggesting that blogger "journalists" were no different than notorious (NY Times) maker-up-of-stories, Jayson Blair.  Nice to see he's coming around to recognizing things perhaps aren't so bad in the blog world.<br /><br /><a href="http://www.techdirt.com/articles/20091108/1122426850.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091108/1122426850.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091108/1122426850.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>all-in-one-package</slash:department>
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<pubDate>Thu, 15 Oct 2009 16:45:37 PDT</pubDate>
<title>Australian ABC Promises To Stay Free; Mocks Murdoch And Paywalls As 'Old Empire' Thinking</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091014/2321056540.shtml</link>
<guid>http://www.techdirt.com/articles/20091014/2321056540.shtml</guid>
<description><![CDATA[ One of the key points we've raised in the past about the futility of newspapers putting up paywalls is that doing so would only open up a huge opportunity for other, smarter journalism organizations to take their market share by remaining free.  And, indeed, more and more organizations are starting to point out that's exactly what they would do.  Reader Jamie writes in to let us know about a speech by the managing director of ABC in Australia (not the Disney owned ABC in America), Mark Scott, <a href="http://www.theaustralian.news.com.au/story/0,25197,26210117-601,00.html" target="_blank">taking on the "old media" thinking around such things</a> as paywalls:
<blockquote><i>
Scott's most virulent words were saved for News Corporation (owner of The Australian) chairman Rupert Murdoch and CEO Europe and Asia, James Murdoch.
<br /><br />
He called Rupert Murdoch's recent call for content providers to charge online distributors for content as "a classic play of old empire, of empire in decline. Believing that because you once controlled the world you can continue to do so."
<br /><br />
"When you have been so powerful and dominant for so long, it is hard to believe that empire is slipping away," he said.
<br /><br />
Scott argued traditional media companies had been out-thought by technology companies in strategy. 
</i></blockquote>
And... oh yeah, if Murdoch goes paywall, Scott promises to do the opposite:
<blockquote><i>
He reiterated the ABC would continue to provide free online news content and said the ABC must remain audience-focused
</i></blockquote>
Not just that, but he seems to be recognizing that the way people interact with news has changed, and they want to be much more involved:
<blockquote><i>
... he noted the only media organisations to survive will be those that: know and accept that all the rules have changed; are endlessly inquisitive about the new; empower their audiences to contribute, to create and share media....
</i></blockquote>
Nice to see some news business execs who seem to recognize what's happening.<br /><br /><a href="http://www.techdirt.com/articles/20091014/2321056540.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091014/2321056540.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091014/2321056540.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>take-that,-rupert</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091014/2321056540</wfw:commentRss>
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<pubDate>Fri, 28 Aug 2009 19:40:00 PDT</pubDate>
<title>Yet Another Study Shows File Sharers Buy More Media</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090828/0444096038.shtml</link>
<guid>http://www.techdirt.com/articles/20090828/0444096038.shtml</guid>
<description><![CDATA[ We've seen a bunch of studies like this in the past, but people keep submitting this, so figured we'd do a quick post on it.  Yet another study has shown that people who are more active in unauthorized file sharing, <a href="http://adage.com/digital/article?article_id=138587" target="_new">also tend to <i>spend more</i> on authorized entertainment purchases</a>.  Now, to be fair, the study was paid for by a file sharing provider -- so, take it with a rather large grain of salt.  But similar studies have been done in the past as well, and it seems to once again call into question the rallying cry in Hollywood that people <a href="http://www.techdirt.com/articles/20090817/1703385904.shtml">just</a> want stuff for free.<br /><br /><a href="http://www.techdirt.com/articles/20090828/0444096038.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090828/0444096038.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090828/0444096038.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-they-just-want-stuff-for-free?</slash:department>
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