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<channel>
<title>Techdirt. Stories filed under &quot;web&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
<language>en-us</language>
<image><title>Techdirt. Stories filed under &quot;web&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Fri, 1 Mar 2013 16:06:49 PST</pubDate>
<title>'Cocky' Defendant Gets A Web Redemption</title>
<dc:creator>Above The Law</dc:creator>
<link>http://www.techdirt.com/articles/20130228/16373522161/cocky-defendant-gets-web-redemption.shtml</link>
<guid>http://www.techdirt.com/articles/20130228/16373522161/cocky-defendant-gets-web-redemption.shtml</guid>
<description><![CDATA[ <div style="text-align:center;padding:8px;margin:0 0 7px 15px;border:2px solid #bbb;float:right;line-height:1.2;">
<i style="font-weight:bold;color:#666;font-size:90%;">Cross-posted from</i><br />
<a href="http://abovethelaw.com/2013/02/tosh-0-gives-a-rather-cocky-defendant-a-web-redemption/" target="_blank"><img src="http://i.imgur.com/RvpZD0T.jpg" width="110" title="Above The Law" style="margin:6px 0 0 0;" /></a></div>
<br /><br />
A few weeks ago, a young woman named Penelope Soto became an internet legend after she was caught on camera flipping a Florida judge the bird and telling him to <a href="http://abovethelaw.com/2013/02/punk-defendant-potpourri-punching-and-cursing-in-court-will-get-you-held-in-contempt/">go f**k himself</a> during a court proceeding. Soto&#8217;s behavior earned her a 30-day stint in jail for contempt of court, but she apparently changed her ways at a later hearing and convinced the judge to vacate the month-long sentence.
<p>
But not all mouthy defendants are so lucky. Some of them <em>do</em> go to jail. Take, for example, the case of Brian Noval, a Florida man who in 2009 called a judge a c*ck &#8212; twice. Why do all of these things happen in Florida? Anyway, Noval&#8217;s antics were captured on film, and he earned himself 120 days in the pokey for his indiscretions. Noval only served four days of that sentence before the judge decided that this cocky defendant had learned his lesson.
</p>
<p>
As we all know, the internet is for porn, but it&#8217;s also for wonderful videos like these. And thanks to Daniel Tosh of Comedy Central&#8217;s Tosh.0, sometimes the stars of embarrassing viral videos are given the chance to redeem themselves on cable television. Ms. Soto hasn&#8217;t been given the opportunity to participate in one of these yet, but Noval was featured on the show last night.
</p>
<p>
For reasons that escape me, we never covered Noval&#8217;s incident in 2009, but now that he&#8217;s been brought back into the pop culture limelight, we&#8217;ve got some funny videos to entertain you with&#8230;.
</p>
<p>
<span id="more-227513"></span>
</p>
<p>
We&#8217;ll give you some info on the judge who heard Brian Noval&#8217;s case before you watch the video. Apparently Judge <a href="http://www.17th.flcourts.org/index.php/judges/county-court">John Hurley</a> of the Broward County Court presides over its first appearance division, and is <a href="http://articles.sun-sentinel.com/2011-11-26/news/fl-hurley-profile-20111125_1_judge-john-jay-hurley-eric-linder-bond">known for</a> his &#8220;spunk, one-liners and, on Fridays, bow ties.&#8221; To put it differently, this man is not to be f**ked with.
</p>
<p>
But Noval didn&#8217;t know that, so he called Judge Hurley a c*ck, like any man with common decency and respect for the judicial system would. And plus, it&#8217;s Florida &#8212; of course someone would think it&#8217;s acceptable to call a judge a c*ck in Florida. And without further ado, here&#8217;s the entertaining segment from Tosh.0:
</p>
<p>
</p>
<center>
<div style="background-color:#000000;width:520px;">
<div style="padding:4px;"><iframe src="http://media.mtvnservices.com/embed/mgid:cms:video:tosh.comedycentral.com:424162" width="512" height="288" frameborder="0"></iframe></div>
<p>
</p>
</div></center>
<p>
</p>
<p>
Well, you don&#8217;t have to be wearing a seersucker suit to acknowledge that Daniel Tosh is correct when he says that &#8220;judges are basically parents for people who have sh*tty ones.&#8221; And we now know that Andrew Dice Clay could have a promising career ahead of himself as a criminal defense attorney. Because with a closing like, &#8220;Hickory dickory dock, my client has the right to call that judge a c*ck,&#8221; how can you possibly go wrong?
</p>
<p>
<a href=" http://articles.sun-sentinel.com/2011-11-26/news/fl-hurley-profile-20111125_1_judge-john-jay-hurley-eric-linder-bond">Broward judge sets high bar</a> [Sun Sentinel]<br />
<a href="http://tosh.comedycentral.com/video-clips/web-redemption---courtroom-cock-guy---uncensored">Web Redemption &#8211; Courtroom C*ck Guy</a> [Tosh.0]
<br /><br />
<b>More stories from <a href="http://abovethelaw.com/" target="_blank">Above The Law</a>:</b>
<ul>
<li><a href="http://abovethelaw.com/2013/02/house-rules-is-yahoo-serious/" target="_blank">Is Yahoo Serious?</a>
</li><li><a href="http://abovethelaw.com/2013/02/i-need-a-contract-attorney-an-ivy-league-contract-attorney/" target="_blank">I Need A Contract Attorney: An &#8216;Ivy League&#8217; Contract Attorney</a>
</li><li><a href="http://abovethelaw.com/2013/02/avast-ye-maties-kozinski-benchslap-ho/" target="_blank">Avast Ye Maties! Kozinski Benchslap Ho!</a></li></ul>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130228/16373522161/cocky-defendant-gets-web-redemption.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130228/16373522161/cocky-defendant-gets-web-redemption.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130228/16373522161/cocky-defendant-gets-web-redemption.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>video-solves-all</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130228/16373522161</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 3 Aug 2012 15:31:00 PDT</pubDate>
<title>Turns Out That The iPad Won't Magically Bring Back Scarcity For Magazines</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120803/04222219925/turns-out-that-ipad-wont-magically-bring-back-scarcity-magazines.shtml</link>
<guid>http://www.techdirt.com/articles/20120803/04222219925/turns-out-that-ipad-wont-magically-bring-back-scarcity-magazines.shtml</guid>
<description><![CDATA[ Back in 2010, we suggested that the mad dash by various publications to build fee-based iPad apps was <a href="http://www.techdirt.com/articles/20100402/1216068849.shtml">completely misguided</a>, reminiscent of the belief in the 90s that publications could sell CD-ROM versions of their magazines.  As we noted, there's nothing <i>that</i> special about the iPad format that takes away the natural abundance of the internet, and pretending that it was really any different than a portal to the wider internet with all its options was a fool's errand.  In particular, we called out Rupert Murdoch's <a href="http://www.techdirt.com/articles/20101122/12544311971/why-murdochs-ipad-only-newspaper-misses-point.shtml">obsession</a> with creating an iPad-only publication.  In fact, we were confused why all the publishers investing so much in apps didn't put that same sort of effort into improving the features on their <a href="http://www.techdirt.com/articles/20100217/0335558196.shtml">websites</a>.  A few months ago, the editor-in-chief and publisher of MIT's Tech Review more or less made the same point, saying that <a href="http://www.technologyreview.com/news/427785/why-publishers-dont-like-apps/" target="_blank">the future was on the web</a>, betting on HTML 5 to make the site "look great on a laptop or desktop, tablet or smartphone" and then killing off the apps it had developed.
<br /><br />
While others aren't going that far, there's more and more evidence that betting on apps was, in fact, the exact mistake that we predicted.  Mathew Ingram summarizes how both The Huffington Post and Murdoch's The Daily <a href="http://gigaom.com/2012/08/02/huffpo-the-daily-and-the-flawed-ipad-content-model/" target="_blank">have failed with their fee-based iPad app strategy</a>.  He makes the same basic point that a winner of our "most insightful comment" (by Robert Weller) made <a href="http://www.techdirt.com/articles/20120728/01591319864/funniestmost-insightful-comments-week-techdirt.shtml">recently</a>: that people get their news from lots of sources, so paying for a bunch of apps just doesn't make sense.  In fact, it takes <i>away</i> from the value.  As Ingram notes:
<blockquote><i>
Whether media companies like it or not (and they mostly don&#8217;t), <a href="http://gigaom.com/2012/03/19/if-you-have-news-it-will-be-aggregated-andor-curated/">much of the news and other content we consume now comes</a> via links shared through Twitter and Facebook and other networks, or through old-fashioned aggregators &#8212; such as Yahoo News or Google News &#8212; and newer ones like Flipboard and Zite and Prismatic <a href="http://gigaom.com/2012/05/03/prismatic-wants-to-be-the-newspaper-for-a-digital-age/">that are tailored to mobile devices and a socially-driven news experience</a>. Compared to that kind of model, a dedicated app from a magazine or a newspaper looks much less interesting, since by design it contains content from only a single outlet, and it usually doesn&#8217;t contain helpful things like links.
</i></blockquote>
What he's basically saying is that the publishers focusing on apps are trying to create <i>artificial scarcity</i> by building digital silos.  But that actually <i>takes value away</i> from those publications.  People interact with the news in all sorts of ways that go way beyond "reading."  But individual apps often make that more difficult.  It involves extra effort (and cost) while providing less benefit.  All because publishers are looking for something (anything!) that resembles some fencing so they can build a gate and go back to pretending they're in the gatekeeper business.
<br /><br />
Hopefully publishers will finally stop looking to recreate the past by building artificial walls, and start looking at ways to make money that <i>embrace</i> the internet and what it enables.<br /><br /><a href="http://www.techdirt.com/articles/20120803/04222219925/turns-out-that-ipad-wont-magically-bring-back-scarcity-magazines.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120803/04222219925/turns-out-that-ipad-wont-magically-bring-back-scarcity-magazines.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120803/04222219925/turns-out-that-ipad-wont-magically-bring-back-scarcity-magazines.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shocking,-i-know</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120803/04222219925</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 18 Apr 2012 23:59:00 PDT</pubDate>
<title>The First Analysis Of The Web: Vague, But Exciting</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120416/12285718511/first-analysis-web-vague-exciting.shtml</link>
<guid>http://www.techdirt.com/articles/20120416/12285718511/first-analysis-web-vague-exciting.shtml</guid>
<description><![CDATA[ It's pretty common knowledge that Tim Berners-Lee is credited as the inventor of the World Wide Web, which we all know and love today.  However, if you haven't ever done so, it's actually quite fun to read through <a href="http://www.w3.org/History/1989/proposal.html" target="_blank">his original proposal for the web</a>, as a new way for managing information.  Here's a snippet:
<blockquote><i>
In providing a system for manipulating this sort of information, the hope would be to allow a pool of information to develop which could grow and evolve with the organisation and the projects it describes. For this to be possible, the method of storage must not place its own restraints on the information. This is why a "web" of notes with links (like references) between them is far more useful than a fixed hierarchical system. When describing a complex system, many people resort to diagrams with circles and arrows. Circles and arrows leave one free to describe the interrelationships between things in a way that tables, for example, do not. The system we need is like a diagram of circles and arrows, where circles and arrows can stand for anything.
<br /><br />
We can call the circles nodes, and the arrows links. Suppose each node is like a small note, summary article, or comment. I'm not over concerned here with whether it has text or graphics or both. Ideally, it represents or describes one particular person or object
</i></blockquote>
But perhaps even cooler, as pointed out to us by <a href="https://twitter.com/#!/mathewi/statuses/191337108252794880" target="_blank">Mathew Ingram</a>, is an image of <a href="http://info.cern.ch/Proposal.html" target="_blank">the <i>actual</i> physical copy</a> of the first version of this proposal that Berners-Lee gave his boss, Mike Sendall.  At the top of the cover Sendall scribbled, "Vague, but exciting."
<center>
<a href="http://imgur.com/Nn2Lh"><img src="http://i.imgur.com/Nn2Lh.gif" width=500 /></a>
</center>
Amusingly, one could argue that description still applies -- and, in fact, is part of the reason why the web has been so phenomenally successful.  Its amazing openness may have been "vague" but it was also that vagueness and openness that not only made the web so exciting, but made it possible for the rest of the world to fill in details to make it do whatever people wanted.<br /><br /><a href="http://www.techdirt.com/articles/20120416/12285718511/first-analysis-web-vague-exciting.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120416/12285718511/first-analysis-web-vague-exciting.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120416/12285718511/first-analysis-web-vague-exciting.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>true,-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120416/12285718511</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 5 Mar 2012 14:28:01 PST</pubDate>
<title>German Government Wants Google To Pay To Show News Snippets</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120305/09161017982/german-government-wants-google-to-pay-to-show-news-snippets.shtml</link>
<guid>http://www.techdirt.com/articles/20120305/09161017982/german-government-wants-google-to-pay-to-show-news-snippets.shtml</guid>
<description><![CDATA[ <p>Some bad ideas just keep on coming back, despite the fact that they are manifestly stupid.  Trying to get Google and others to pay for the privilege of sending more traffic to newspapers by including short snippets from their stories is one of them.  Of course, logic would dictate that the newspapers should be paying Google for the marketing it provides, but unfortunately not everyone sees it that way.  
</p><p>
Last year, the Belgian courts <a href="http://www.techdirt.com/articles/20110508/16543114199/belgian-appeals-court-says-google-must-pay-up-linking-to-newspaper-websites.shtml">decided</a> that Google was infringing on newspapers' copyrights just by linking to stories.  Google was ordered to remove those links, at which point the newspapers started <a href="http://www.techdirt.com/articles/20110718/04055115139/newspapers-win-suit-against-google-get-their-wish-to-be-delisted-then-complain.shtml">whining</a> about "harsh retaliation" -- even though it was the court's decision, not Google's, and it was the newspapers' legal action that brought this about.
</p><p>
Sadly, the German government doesn't seem to have been paying attention to that rather ridiculous saga -- or maybe simply doesn't care -- and has just announced that it will bring in a compulsory licensing scheme for the use of even "small parts" of journalistic articles on commercial sites (<a href="http://netzpolitik.org/2012/axel-springer-kauft-leistungsschutzrecht-bei-koalition/">original German</a>).  
</p><p>
The justification is that this will allow publishers to share in the financial benefit arising from this use, and for authors of the articles to receive an "appropriate" contribution, whatever that means.  To do that, of course, will require the creation of yet more bureaucracy: a new collecting society (let's hope it doesn't turn out like the German music collection agency <a href="http://www.techdirt.com/articles/20120225/02270617882/sony-music-exec-internet-is-full-opportunities-not-problem-intransigent-collection-societies-however.shtml">GEMA</a>.)  
</p><p>
What that overlooks, of course, is that Google, clearly the main target here, doesn't make any money from its Google News service, which is ad free.  It would be nice to see Google simply remove all links, as happened in Belgium, and then wait for the German publishers to start complaining about this further example of "harsh retaliation".  Sadly, that's unlikely to happen, since Google tends not to take a particularly aggressive stance on these issues (probably hoping to avoid further <a href="http://www.techdirt.com/blog/innovation/articles/20120224/03464017863/patent-aggressor-microsoft-files-eu-complaint-against-googlemotorola-charging-too-much-to-license-patents.shtml">anti-trust complaints</a>.)
</p><p>
Of course, the analysis above assumes that the still extremely vague proposal is simply a plan to skim some money off major Internet players like Google and to hand it to the German publishing industry so the latter doesn't need to worry about innovating.  But given that the copyright industries' sense of entitlement knows no bounds, it's even possible that publishers want this scheme to apply to <b>every</b> quotation from their newspapers and magazines -- including those in blogs with any Google Ads, say, and Facebook posts.  Now might be a good time for German Internet users to start raising the alarm, just in case.
</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/20120305/09161017982/german-government-wants-google-to-pay-to-show-news-snippets.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120305/09161017982/german-government-wants-google-to-pay-to-show-news-snippets.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120305/09161017982/german-government-wants-google-to-pay-to-show-news-snippets.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-this-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120305/09161017982</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 9 Feb 2012 15:50:33 PST</pubDate>
<title>The Web Is Saved: East Texas Jury Says Eolas Patents Are Invalid</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120209/15395117718/web-is-saved-east-texas-jury-says-eolas-patents-are-invalid.shtml</link>
<guid>http://www.techdirt.com/articles/20120209/15395117718/web-is-saved-east-texas-jury-says-eolas-patents-are-invalid.shtml</guid>
<description><![CDATA[ Okay, that happened much faster than I expected.  Just a few hours ago, we wrote about Tim Berners-Lee telling an East Texas jury just how <a href="http://www.techdirt.com/articles/20120209/05030017708/tim-berners-lee-court-to-try-to-prevent-patent-troll-eolas-patenting-key-web-concepts.shtml">insane</a> patent troll Eolas' patents were, along with their claims that all sorts of core web technologies were covered by their patents.  We thought it might take some time before anything really happened in that case, but the jury took just a short while before <a href="http://www.wired.com/threatlevel/2012/02/interactive-web-patent/" target="_blank">completely invalidating Eolas' patents</a>.  Damn!  Apparently the jury recognized that when the inventor of the web talks about how obvious a technology was at the time, he <i>probably</i> knows what he's talking about.
<br /><br />
I wonder just how silly the long list of companies who "settled" with Eolas before the trial started feel right now.
<br /><br />
Of course, all of that settlement money means that Eolas still has a big bank account.  That means it'll appeal this ruling, and the case may still go on for a few years.  But it's going to have to clear a big hurdle, and in the meantime it won't be able to sue anyone else using these patents.  Score one for obviousness and a jury that recognized a patent troll trying to put up an innovation toll booth to try to demand loads of cash it didn't deserve.<br /><br /><a href="http://www.techdirt.com/articles/20120209/15395117718/web-is-saved-east-texas-jury-says-eolas-patents-are-invalid.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120209/15395117718/web-is-saved-east-texas-jury-says-eolas-patents-are-invalid.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120209/15395117718/web-is-saved-east-texas-jury-says-eolas-patents-are-invalid.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-was-fast!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120209/15395117718</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 9 Feb 2012 11:58:07 PST</pubDate>
<title>Tim Berners-Lee In Court To Try To Prevent Patent Troll Eolas From Patenting Key Web Concepts</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120209/05030017708/tim-berners-lee-court-to-try-to-prevent-patent-troll-eolas-patenting-key-web-concepts.shtml</link>
<guid>http://www.techdirt.com/articles/20120209/05030017708/tim-berners-lee-court-to-try-to-prevent-patent-troll-eolas-patenting-key-web-concepts.shtml</guid>
<description><![CDATA[ Remember Eolas?  We've written about this infamous patent troll <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=eolas">many times</a>, mostly focusing on its big patent fight with Microsoft over the idea of browser plugins -- a case it eventually settled.  In 2009, however, Eolas came back and basically <a href="http://www.techdirt.com/articles/20091006/1718536434.shtml">sued the web</a>, claiming that all sorts of very basic web technologies were, in fact, infringing on a brand new, ridiculously broad patent (built on the earlier patent), <a href="http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&#038;Sect2=HITOFF&#038;p=1&#038;u=/netahtml/PTO/search-bool.html&#038;r=1&#038;f=G&#038;l=50&#038;co1=AND&#038;d=PTXT&#038;s1=7,599,985.PN.&#038;OS=PN/7,599,985&#038;RS=PN/7,599,985" target="_blank">7,599,985</a>.
<br /><br />
However, that case has finally gone to trial, and Wired has sent Joe Mullin -- hands down <i>the</i> best reporter on all things concerning patents -- to cover the case.  His initial report is <a href="http://www.wired.com/threatlevel/2012/02/patent-troll-trial/" target="_blank">worth reading</a>.  Unfortunately, he notes that many of the companies Eolas sued chose to settle, helping to fund Eolas' ability to take this to court.  Eight companies remain fighting.  Eolas is asking for $600 million from these companies -- including over $300 million from Google and Yahoo.
<br /><br />
As he had done <a href="http://www.techdirt.com/articles/20031029/0917233.shtml">nearly a decade ago</a>, web inventor Tim Berners-Lee was <a href="http://www.wired.com/threatlevel/2012/02/tim-berners-lee-patent/" target="_blank">called to explain to the court</a> that Eolas' claims are ridiculous and the patents should be tossed out due to tremendous amounts of prior art.  Berners-Lee also pointed out that these patents "could be a serious threat to the future of the web."  He didn't mince words, noting that all of this stuff was widely known in the community of technologists working on these issues well before Eolas ever came along.
<br /><br />
Last summer there was tremendous attention paid to the problem of patents within the tech space, but much of that furor died down after the patent reform bill became law -- even though it addressed almost none of the actual complaints about how the patent system hinders innovation.  Once fall came, a lot of focus shifted back to copyright issues around SOPA.  But people should be <i>very, very</i> worried about the outcome of this case, because if it goes badly, it could lead to a massive tollbooth on internet innovation.<br /><br /><a href="http://www.techdirt.com/articles/20120209/05030017708/tim-berners-lee-court-to-try-to-prevent-patent-troll-eolas-patenting-key-web-concepts.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120209/05030017708/tim-berners-lee-court-to-try-to-prevent-patent-troll-eolas-patenting-key-web-concepts.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120209/05030017708/tim-berners-lee-court-to-try-to-prevent-patent-troll-eolas-patenting-key-web-concepts.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-this-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120209/05030017708</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 10 Oct 2011 07:29:58 PDT</pubDate>
<title>No, WIPO Boss Did Not Say The Web Would Have Been Better If Patented... But His Comment Was Still Nonsensical</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111010/01075216275/no-wipo-boss-did-not-say-web-would-have-been-better-if-patented-his-comment-was-still-nonsensical.shtml</link>
<guid>http://www.techdirt.com/articles/20111010/01075216275/no-wipo-boss-did-not-say-web-would-have-been-better-if-patented-his-comment-was-still-nonsensical.shtml</guid>
<description><![CDATA[ A whole bunch of you have been submitting this BoingBoing post which claims that WIPO director Francis Gurry <a href="http://boingboing.net/2011/10/08/wipo-boss-the-web-would-have-been-better-if-it-was-patented-and-its-users-had-to-pay-license-fees.html" target="_blank">claimed that the World Wide Web would have been better off if it had been patented</a>.  That was an interesting claim based on two things.  First, a couple months ago, we had put forth a hypothetical about what would the web look like, <a href="http://www.techdirt.com/articles/20110811/10245715476/what-if-tim-berners-lee-had-patented-web.shtml">if Tim Berners-Lee had patented it</a>.  Second, WIPO boss Francis Gurry has shown in the past to be <a href="http://www.techdirt.com/articles/20110310/03032313426/even-wipo-realizing-that-copyright-law-may-have-gone-too-far.shtml">much more thoughtful</a> and <a href="http://www.techdirt.com/articles/20091112/1224136915.shtml">realistic</a> when it comes to intellectual property -- so the arguments seemed a bit out of character from what I'd heard from him before.
<br /><br />
So I listened to the session, which you can find as the <a href="http://www.globalinnovationindex.org/gii/main/media.html" target="_blank">top righthand video on this page</a>.  Gurry's comments are a little <i>silly</i>, but he <b>does not</b> say that the web would have been better off if it were patented.  Instead, he's responding to the point raised earlier in the session about the importance of investment in <i>basic research</i>, and noted that CERN -- where the web was first developed -- might have been able to invest more in basic research if it had been able to receive a small bit of revenue from patenting the web.  In that context, his comments make slightly more sense:
<blockquote><i>
Intellectual property is a very flexible instrument. So, for example, had the world wide web been able to be patented, and I think that is a question in itself, perhaps the amount of investment that has gone into or would be able to go into basic science would be different. If you had found a very flexible licensing model, in which the burden for the innovation of the world wide web had been shared across the whole user community in a very fair and reasonable manner, with a modest contribution for everyone for this wonderful innovation, it would have enabled enormous investment in turn in further basic research. And that is the sort of flexibility that is built into the intellectual property system. It is not a rigid system... 
</i></blockquote>
He certainly is not arguing that <i>the web</i> would have been better off -- just that it's possible that <i>CERN</i> and its investments in basic research would have been better off.  Of course, there is a counter argument to that -- which is that if it had locked up the web in such a manner, the web that Berners-Lee created would not be "the web."  It's doubtful that Marc Andreessen would have paid a license fee, no matter how "reasonable," to build the first "successful" web browser, Mosaic.  It's likely that something else would have come along instead -- perhaps similar, but not the same.
<br /><br />
Separately, I'd argue that, in an indirect manner, it's quite likely that the widespread success of the internet and the openness that it embraced has contributed significantly more back to the ability to do basic research than if CERN had been able to collect a few dollars for the invention.  What the web <i>did</i> do was certainly raise CERN's profile even higher around the globe, and that likely opened up new opportunities for research and funding, among other things.  Gurry's mistake, here, is in assuming that the necessary ingredient for increased basic research is merely money -- and also only money that comes directly in return for a concept.  That's not true.  As the rest of the panel he sat on discussed, the key ingredients of innovation tend to be openness, sharing and access to information.  All of those contribute back to lots of different areas, including basic research.  So I doubt his conclusion is accurate, but it's unfair to accuse him of saying something he simply did not say.<br /><br /><a href="http://www.techdirt.com/articles/20111010/01075216275/no-wipo-boss-did-not-say-web-would-have-been-better-if-patented-his-comment-was-still-nonsensical.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111010/01075216275/no-wipo-boss-did-not-say-web-would-have-been-better-if-patented-his-comment-was-still-nonsensical.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111010/01075216275/no-wipo-boss-did-not-say-web-would-have-been-better-if-patented-his-comment-was-still-nonsensical.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>setting-the-record-straight</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111010/01075216275</wfw:commentRss>
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<item>
<pubDate>Fri, 6 May 2011 16:19:00 PDT</pubDate>
<title>W3C Steps Up: Wants To Create A Decentralized, Distributed Web System</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110506/02400214178/w3c-steps-up-wants-to-create-decentralized-distributed-web-system.shtml</link>
<guid>http://www.techdirt.com/articles/20110506/02400214178/w3c-steps-up-wants-to-create-decentralized-distributed-web-system.shtml</guid>
<description><![CDATA[ We've discussed in the past how the whole Wikileaks response from governments has only helped to <a href="http://www.techdirt.com/articles/20101215/02391012281/how-wikileaks-operation-payback-have-exposed-infrastructure-that-should-be-decentralized-isnt.shtml">expose</a> areas of internet infrastructure that should be decentralized and distributed, but are not.  Of course, much of that is now being cleared up.   For example, there was plenty of talk -- what with the US government seizing domains and all -- about setting up a distributed web system that bypasses a centralized server (and potential censorship choke point), such that it can't easily be filtered.  It appears that this may already be happening <i>and</i> as was just announced, it's <a href="http://www.readwriteweb.com/archives/his_could_be_big_decentralized_web_standard_under.php" target="_blank">being undertaken by the W3C</a>.  That ought to add plenty of legitimacy to the concept, which many anti-Wikileaks folks have insisted was merely a geek pipedream.<br /><br /><a href="http://www.techdirt.com/articles/20110506/02400214178/w3c-steps-up-wants-to-create-decentralized-distributed-web-system.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110506/02400214178/w3c-steps-up-wants-to-create-decentralized-distributed-web-system.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110506/02400214178/w3c-steps-up-wants-to-create-decentralized-distributed-web-system.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>moving-forward</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110506/02400214178</wfw:commentRss>
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<item>
<pubDate>Fri, 12 Nov 2010 10:58:00 PST</pubDate>
<title>20 Years Ago Today: The Web Was Proposed</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101112/10293011833/20-years-ago-today-the-web-was-proposed.shtml</link>
<guid>http://www.techdirt.com/articles/20101112/10293011833/20-years-ago-today-the-web-was-proposed.shtml</guid>
<description><![CDATA[ If you want to realize just how amazing the level of progress has been with the internet, realize this: it was just 20 years ago, today, that <a href="http://www.w3.org/Proposal.html" target="_blank">Tim Berners-Lee proposed the web</a>:
<blockquote><i>
HyperText is a way to link and access information of various kinds as a web of nodes in which the user can browse at will. It provides a single user-interface to large classes of information (reports, notes, data-bases, computer documentation and on-line help). We propose a simple scheme incorporating servers already available at CERN.
<br /><br />
The project has two phases: firstly we make use of existing software and hardware as well as implementing simple browsers for the user's workstations, based on an analysis of the requirements for information access needs by experiments. Secondly, we extend the application area by also allowing the users to add new material.
<br /><br />
Phase one should take 3 months with the full manpower complement, phase two a further 3 months, but this phase is more open-ended, and a review of needs and wishes will be incorporated into it.
<br /><br />
The manpower required is 4 software engineers and a programmer, (one of which could be a Fellow). Each person works on a specific part (eg. specific platform support).
<br /><br />
Each person will require a state-of-the-art workstation , but there must be one of each of the supported types. These will cost from 10 to 20k each, totalling 50k. In addition, we would like to use commercially available software as much as possible, and foresee an expense of 30k during development for one-user licences, visits to existing installations and consultancy.
</i></blockquote>
Quite amazing what that one, quite small, project has since become.<br /><br /><a href="http://www.techdirt.com/articles/20101112/10293011833/20-years-ago-today-the-web-was-proposed.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101112/10293011833/20-years-ago-today-the-web-was-proposed.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101112/10293011833/20-years-ago-today-the-web-was-proposed.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-far-we've-come</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101112/10293011833</wfw:commentRss>
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<item>
<pubDate>Wed, 22 Sep 2010 17:50:00 PDT</pubDate>
<title>Company Claims Legal Right To Stream Broadcast TV Online; Broadcasters Disagree</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100921/11173011095/company-claims-legal-right-to-stream-broadcast-tv-online-broadcasters-disagree.shtml</link>
<guid>http://www.techdirt.com/articles/20100921/11173011095/company-claims-legal-right-to-stream-broadcast-tv-online-broadcasters-disagree.shtml</guid>
<description><![CDATA[ Here's a fun one.  Just as Hollywood is getting <a href="http://www.latimes.com/business/la-fi-ct-piracy-20100921,0,1716597,full.story" target="_blank">especially freaked out about TV shows being available online</a>, and is pushing for this new <a href="http://www.techdirt.com/articles/20100920/12460811083/us-senators-propose-bill-to-censor-any-sites-the-justice-depatement-declares-pirate-sites-worldwide.shtml" target="_blank">censorship law</a> to block any site that points people to such video content, a Seattle company named ivi is brashly declaring a <a href="http://thresq.hollywoodreporter.com/2010/09/move-over-hulu-meet-the-new-napster-of-television.html" target="_blank">legal right to stream broadcast TV online</a>.  After the company launched a few weeks ago, it almost immediately received cease &#038; desist letters from NBC, CBS, Fox, Disney, MLB and others.  So, it's decided to step up and file a lawsuit to get a declaratory judgment of non-infringement:
<center>
<object id="_ds_55088380" name="_ds_55088380" width="560" height="550" type="application/x-shockwave-flash" data="http://viewer.docstoc.com/"><param name="FlashVars" value="doc_id=55088380&#038;mem_id=715794&#038;doc_type=pdf&#038;fullscreen=0&#038;allowdownload=1&#038;showrelated=0&#038;showotherdocs=0" /><param name="movie" value="http://viewer.docstoc.com/"/><param name="allowScriptAccess" value="always" /><param name="allowFullScreen" value="true" /></object>
</center>
The company is clearly trying to milk this for the publicity (they sent us the press release about the lawsuit trying to drum up attention).  What's interesting, of course, is the legal "theory" behind this.  Basically, they point to <a href="http://www.copyright.gov/title17/92chap1.html#111" target="_blank">Section 111</a> of the Copyright Act, which allows for "secondary transmission" of certain over-the-air broadcasts for a nominal fee to the Copyright Office.  The <i>intention</i> behind Section 111 was to let <a href="http://www.law.cornell.edu/uscode/search/display.html?terms=chapter%201&#038;url=/uscode/html/uscode17/usc_sec_17_00000111----000-notes.html" target="_blank">cable providers rebroadcast local network television</a> to cable customers, without having to negotiate with every local TV station.  Whether or not that also applies to a company like ivi broadcasting online... is an open question that the court will have to settle.
<br /><br />
That said, this does seem like a lot of hype over not very much.  While  the company has suggested <a href="http://www.techflash.com/seattle/2010/09/with_comcast_in_its_sights_ivi_unveils_live_tv_service.html" target="_blank">in interviews</a> that it intends to offer cable channels like ESPN at some point in the future, right now it only offers retransmission of <i>broadcast network</i> TV -- as that's all that Section 111 is designed to cover.  If it wants to offer any other channel, it's either going to have to work out some sort of deal (highly unlikely) or come up with some other legal loophole (which probably won't work).  The company's business model is to charge users a monthly fee to get this content -- which seems like a pretty big request, considering most people can get network broadcast TV for free.  Perhaps it's appealing to Americans abroad who want to watch their local news back home, but that seems like a limited market.
<br /><br />
Of course, the company does make the quite reasonable argument that the content it's retransmitting is available for free, they are showing all of the commercials, and they are reporting their viewers to Nielsen, so it is difficult to argue what these networks are actually <i>losing</i> by allowing ivi to go forward.  I'm sure the TV companies' response is that it's somehow "taking" their right to try to charge for programs online via sites like Hulu, but that's not that compelling an argument.  If something like a Slingbox is allowed -- where I can set up a system to retransmit the TV service I receive in my home to my internet connected device, perhaps there is an argument that a network-connected Slingbox is equally legal.  To some extent, you could see a second version of the <a href="http://www.techdirt.com/articles/20090629/1016515400.shtml">famed Cablevision lawsuit</a>, which questioned whether or not you could set up a remote DVR.  If that's legal, perhaps a remote Slingbox would also be legal...  There have been a <a href="http://www.techdirt.com/articles/20081218/0344403162.shtml">few companies</a> that have simply set up remotely hosted Slingboxes, which resulted in some public griping, but I'm not aware of any actual lawsuits.  Thus, it could be interesting to see where ivi goes with this...<br /><br /><a href="http://www.techdirt.com/articles/20100921/11173011095/company-claims-legal-right-to-stream-broadcast-tv-online-broadcasters-disagree.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100921/11173011095/company-claims-legal-right-to-stream-broadcast-tv-online-broadcasters-disagree.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100921/11173011095/company-claims-legal-right-to-stream-broadcast-tv-online-broadcasters-disagree.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ah,-copyright-loopholes</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100921/11173011095</wfw:commentRss>
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<pubDate>Tue, 17 Aug 2010 12:16:00 PDT</pubDate>
<title>Reports Of The Web's Death Are Greatly Exaggerated Through Lies, Damn Lies &#038; Statistics</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100817/11192110659.shtml</link>
<guid>http://www.techdirt.com/articles/20100817/11192110659.shtml</guid>
<description><![CDATA[ Forgive the paraphrasing and mashing up of two separate Mark Twain quotes in the title.  Lots of folks seem to be talking about the latest linkbait Wired story <a href="http://www.wired.com/magazine/2010/08/ff_webrip/all/1" target="_blank">claiming that the web is dead</a>, based on this graphic (built off of Cisco data):
<center>
<a href="http://www.flickr.com/photos/floorsixtyfour/4902087266/" title="ff_webrip_chart2 by floorsixtyfour, on Flickr"><img src="http://farm5.static.flickr.com/4123/4902087266_f1785c52fe.jpg" width="500" height="307" border=0 /></a>
</center>
Of course, anyone even remotely familiar with basic statistics will note that the % of traffic is kind of meaningless in determining whether or not something is "dying."  For that, you want the absolute numbers.  Thankfully, Rob Beschizza over at Boing Boing <a href="http://www.boingboing.net/2010/08/17/is-the-web-really-de.html" target="_blank">took the same data and charted out the absolute results</a>, which paints a somewhat different story:
<center>
<a href="http://www.flickr.com/photos/floorsixtyfour/4902087304/" title="web traffic by floorsixtyfour, on Flickr"><img src="http://farm5.static.flickr.com/4136/4902087304_1ba55cb9f8.jpg" width="500" height="361" border=0 /></a>
</center>
Yeah, don't go planning any funerals just yet.  Also, I'm curious how that "video" portion is being calculated.  I would guess that a fair amount of "video" traffic is happening on YouTube, which is (last I checked) really on the web.
<br /><br />
This is not to say, of course, that web technology will dominate forever.  Frankly, I still remember when the WWW first came along, and I switched from using Gopher to the web and figured that it was merely a stepping stone (as Gopher had been), and that something better would come along in about five years.  I was clearly wrong on that.  But it doesn't mean something else won't come along eventually.
<br /><br />
But I wouldn't rule the web out just yet.  As we've seen with things like <a href="http://www.techdirt.com/blog/wireless/articles/20100730/00083610420.shtml">OpenAppMkt</a>, HTML 5 and related technologies (Javascript, CSS, etc.) are getting pretty powerful, and could bring a lot more attention to the web.  In fact, many of the "apps" that the Wired articles (yes, it's two articles, side-by-side, making it quite difficult to read) applaud as driving us past the web, are really just web apps in disguise.  The death of the web has been truly exaggerated in this case.
<br /><br />
In fact, much of both articles seems to be wishful thinking to support a view that the two authors -- Chris Anderson and Michael Wolff -- hope the world will come to eventually, rather than what seems to actually be happening.  In both cases, it feels like they take the misleading graph at the top as the starting point, and then justify it, even though it's not painting an accurate picture.  There is this new fascination with <a href="http://www.techdirt.com/blog/itinnovation/articles/20100209/0300008093.shtml">app madness</a> as the latest new thing -- and companies love it because they <i>think</i> it gives them back some of the control they've lost to the open web.  But, openness tends to find its way through.  Closed systems are great for leading a charge to a new level, but they almost always stall out as more open solutions leapfrog them in the end.  Apps are still digital, after all, and it's tough to keep anything digital closed for too long.
<br /><br />
So I wouldn't fear the death of "the web," or of "openness" any time soon.<br /><br /><a href="http://www.techdirt.com/articles/20100817/11192110659.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100817/11192110659.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100817/11192110659.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>mixing-mark-twain-quotes</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100817/11192110659</wfw:commentRss>
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<item>
<pubDate>Thu, 1 Jul 2010 12:41:15 PDT</pubDate>
<title>Another Journalist Seduced By App Madness Predicts The End Of The Web</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100701/04044510043.shtml</link>
<guid>http://www.techdirt.com/articles/20100701/04044510043.shtml</guid>
<description><![CDATA[ We've talked a few times about the media's <a href="http://www.techdirt.com/articles/20100402/1216068849.shtml">obsession with "apps"</a> as the solution to what ails them.  They get one glance at the control that an app appears to provide, and they go wobbly in the knees and fail to consider basic trends and basic economics.  As a few folks have noted, locked down apps are <a href="http://www.techdirt.com/blog/wireless/articles/20100614/0149189804.shtml">like the CD-ROM craze</a> among media types just as the web first became popular.  Who won that battle?
<br><br>
The latest reporter to fall under the sway of the app-run future is The Atlantic's Michael Hirschorn -- a writer who's work I usually like quite a bit.  He <a href="http://www.theatlantic.com/magazine/archive/2010/07/closing-the-digital-frontier/8131/1/" target="_blank">writes eloquently about the "closing of the digital frontier,"</a> and predicts that the days of the browser are dying, as the days of the app are rising.  In the process, he misleadingly attacks the basic economics of free, the history of Silicon Valley, and some rather important trends.
<br><bR>
He kicks it off, as nearly all attacks on the economics of digital goods does these days, by mocking the old "information wants to be free" phrase, which he falsely suggests led the world astray.  Rather than recognizing the basic economic forces that made (and still make) digital goods to be driven towards free, he pretends it's just an idea a bunch of "hippies" had -- that somehow hypnotized everyone else:
<blockquote><i>
With the long tail of Brand's dictum chopped off, the phrase Information wants to be free--dissected, debated, reconstituted as a global democratic rallying cry against monsters of the political, business, and media elites--became perhaps the most powerful meme of the past quarter century; so powerful, in fact, that multibillion-dollar corporations destroyed their own businesses at its altar.
<br><br>
It's a bit of a Schrodinger's-cat situation when you try to determine what would have happened if we had not bought into the IWTBF mantra, but by the time digital culture exploded into the mainstream with the introduction first of the Mosaic browser and then of Netscape Navigator and Internet Explorer, in the mid-'90s, free was already an idea only the very old or very obtuse dared to contradict. 
</i></blockquote>
Of course, it wasn't some blind support for a mantra that resulted in so much being free online.  It was the basic economics of content, and a recognition of how those models can work.  But, Hirschorn is so sold on this idea that "free" was just the pipedream of a bunch of digital hippies someone tricked the rest of the world into buying, that the one story he uses to explain this sense of "gospel" actually seems to disprove his point.  He actually suggests that the fact that the online world quickly and decisively debunked the infamous <a href="http://463.blogs.com/the_463/2008/07/learnings-from.html" target="_blank">1995 Time Magazine technopanic about online porn</a> is an example of the unwillingness of the digerati to be open to new ideas:
<blockquote><i>
At the WELL, the core gospel of an open Web was upheld with such rigor that when one of its more prolific members, Time magazine's Philip Elmer-DeWitt, published a <a href="http://www.time.com/time/magazine/article/0,9171,983116,00.html/" target="_blank">scare-the-old-folks</a> cover story on cyber porn in 1995, which carried the implication that some measure of online censorship might not be a bad thing, he and his apostasy were torn to pieces by his fellow WELL-ites with breathtaking relentlessness.... In retrospect, what seems notable is the fervor with which digital correctness--the idea that the unencumbered flow of everything, including porn, must be defended--was being enforced. In the WELL's hierarchy of values, pure freedom was an immutable principle, even if the underlying truth (that porn of all kinds was and would be increasingly ubiquitous on the Web, with actual real-life consequences) was ugly and incontestable. 
</i></blockquote>
Now, I put a brief ellipsis in the middle of that paragraph, because right in the middle, Hirschorn hides the key fact: that those folks who pointed out <a href="http://w2.eff.org/Censorship/Rimm_CMU_Time/rimm_hoffman_novak.critique" target="_blank">the massive problems with the story</a> were <a href="http://463.blogs.com/the_463/2008/07/learnings-from.html" target="_blank">correct</a>!  Hirschorn basically tries to hide that point in the middle of the paragraph, where the beginning and the end of the paragraph suggest that people pointing out the massive flaws and outright ridiculousness of both the "study" and the Time report based on the study, were somehow overreacting in this religious fervor to sustain the digital wild west.  The fact that Hirschorn even admits that the study was flawed, and then still claims the debunking was "political correctness" is bizarre and, quite frankly, insulting.  Those who responded to the report didn't do so out of some "porn must be free" ethos.  They did so out of a belief that truth is more important than blatant lies.
<br><br>
Hirschorn then goes on to make a stunningly ignorant statement concerning how the entertainment industry responded to the "open and free" internet:
<blockquote><i>
Ironically, only the "old" entertainment and media industries, it seems, took open and free literally, striving to prove that they were fit for the digital era's freewheeling information/entertainment bazaar by making their most expensively produced products available for free on the Internet. As a result, they undermined in little more than a decade a value proposition they had spent more than a century building up. 
</i></blockquote> 
Wait.  Which "old" entertainment industry is he talking about here that put its most expensively produced products onto the internet for free?  Last I checked, we seem to have a new story pretty much every single day about just how hard the old entertainment industry is fighting to stop its content from being online for free.  Furthermore, in the few cases where they have put stuff online for free, it's not because they were "striving to prove they were fit for the digital era's freewheeling information/entertainment bazaar," but because they were dragged kicking and screaming after someone pointed out to them that <i>others</i> had already put all their content online for free, and that if you put your content online, you actually had some ability to monetize it -- whereas, if you left it to everyone else, you made that more difficult.  Somehow Hirschorn doesn't know this.  It makes me wonder if he even uses the same internet the rest of us use.
<br><br>
This is the myth of "the original sin of free" all over again, where otherwise smart people think the decision of some to go free wasn't actually driven by marketforces, and that there actually was a different choice back then.  These forgetful souls don't want to acknowledge that paywalls and micropayments have been tried time and time again since the early days of the web -- and they almost all have failed.
<blockquote><i>
But now, it seems, things are changing all over again. The shift of the digital frontier from the Web, where the browser ruled supreme, to the smart phone, where the app and the pricing plan now hold sway, signals a radical shift from openness to a degree of closed-ness that would have been remarkable even before 1995. In the U.S., there are only three major cell-phone networks, a handful of smart-phone makers, and just one Apple, a company that has spent the entire Internet era fighting the idea of open (as anyone who has tried to move legally purchased digital downloads among devices can attest).
</i></blockquote>
It's a weird sort of argument that plays up the benefits of a lack of competition in the marketplace.
<blockquote><i>
Apple, for once, is swimming with the tide. After 15 years of fruitless experimentation, media companies are realizing that an advertising-supported model is not the way to succeed on the Web and they are, at last, seeking to get consumers to pay for their content.
</i></blockquote>
Actually, plenty of media companies are finding that an ad-supported model works great.  And, yes, while many publications are <i>seeking</i> to get consumers to pay, history has shown that it doesn't tend to work very well in the long run.
<blockquote><i>
They are operating on the largely correct assumption that people will be more likely to pay for consumer-friendly apps via the iPad, and a multitude of competing devices due out this year, than they are to subscribe to the same old kludgy Web site they have been using freely for years. As a result, media companies will soon be pushing their best and most timely content through their apps instead of their Web sites.
</i></blockquote>
That's one theory, but it seems unlikely beyond a certain niche.  Yes, people will pay for some apps.  But already some are realizing that <a href="http://www.techdirt.com/articles/20100513/1513039419.shtml">the web itself is actually better</a>.  And, the key point that so few app-afficionados seem to recognize is that <i>apps and websites really aren't that different</i>.  Most of the things that an app can do <a href="http://www.techdirt.com/articles/20100217/0335558196.shtml">can also be done on the web</a>.  And, as HTML5 starts to catch on, the web will be able to do even more.  Hell, the dirty little secret out there (which isn't really a secret -- it's just that a lot of folks praising apps don't realize it) is that a good percentage of these "apps" that they're so amazed by?  They're really webpages.  They're really HTML that's wrapped in a little app container.  But there's no reason they can't just be HTML -- and as the inevitable market forces continue, many are likely to move to the web, and get out from under the withering thumb of control of Steve Jobs.
<blockquote><i>
On a more conceptual level, the move from the browser model to the app model (where content is more likely to be accessed via smartly curated "stores" like iTunes, Amazon, or Netflix) signals the first real taming of the Wild Digital West.
</i></blockquote>
Statements like this remind me back of the days when people would load up their computer desktops with all sorts of apps as well.  And then the web got good.  Those who don't know their history are doomed to miss the fact that it's about to repeat...
<blockquote><i>
Apple's version of the West has nice white picket fences, clapboard houses, morals police, and lots of clean, well-organized places to spend money. (The Internet, it seems, is finally safe for Rupert Murdoch.) These shifts are seemingly subtle, but they may prove profound.
</i></blockquote>
AOL's version of the West, back in the 90s, also had nice white picket fences, clapboard houses, morals police and lots of clean, well-organized places to spend money.  And then people discovered the web.  And all that got abandoned quickly.
<br><br>
Like the AOL of the 90s, it is true that the closed platform of the iPhone offers a nice on-ramp for people to learn how smartphones can work, and what they can do.  But, in the long run, the openness of and raw innovation of the open internet won out.  Why does Hirschorn think that the same won't happen again?  Oddly, when he does get around to Google -- who is providing one extremely popular open road -- he repaints Google's position as being on the defensive and trying to preserve an old business model:
<blockquote><i>
Google, which built its once monopolistic position by harnessing the chaos of Web search, has been forced to move aggressively to preserve its business model against this new competition: it has teamed up with the Apple-scorned Flash; is making conciliatory gestures to the content owners it once patronized; has reached a deal to purchase a mobile ad-sales platform; and is promoting its own vision of the future based on cloud computing. Phones using its open-source smart-phone operating system, Android, are outselling the iPhone. Even so, Google still needs for the Web, however it's accessed, to remain central--because without contextual search advertising, Google ceases to matter. Smart phones in general, and the iPad more pointedly, are not driven by search. 
</i></blockquote>
Again, most apps actually are just webpages.  And there isn't anything about Google's business model that requires the web to be central.  I have plenty of apps on my Android phone that have Google contextual ads.  Also, the last point: that smartphones are not driven by search, seems utterly bizarre to me.  I use search pretty damn frequently on my phone.
<blockquote><i>
All of this suggests that the era of browser dominance is coming to a close.
</i></blockquote>
Except that most of the points leading up to that conclusion weren't substantiated or were blatantly wrong.
<br><br>
And then, Hirschorn really goes off the deep-end.  He brings back up the importance of paywalls, which leads to this doozy of a statement:
<blockquote><i>
If they don't end up licensing original content, networks such as Twitter and Facebook will become purely communication vehicles.
</i></blockquote>
Wait, what?!?  Twitter and Facebook <i>are</i> communication tools. That's why people use them.  What does he think they are?  That's like saying, a century ago, that if the phone company doesn't license radio programs, the telephone might just be used for communication.  
<br><br>
Honestly, this article is one of the more bizarre ones I've read in this style.  It's as if it's written by someone living in an alternate universe, and has no access to history or general computing trends.<br /><br /><a href="http://www.techdirt.com/articles/20100701/04044510043.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100701/04044510043.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100701/04044510043.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ah,-technology</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100701/04044510043</wfw:commentRss>
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<item>
<pubDate>Fri, 14 May 2010 14:51:33 PDT</pubDate>
<title>People Start Noticing That The Web Competes With iPad Apps</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100513/1513039419.shtml</link>
<guid>http://www.techdirt.com/articles/20100513/1513039419.shtml</guid>
<description><![CDATA[ Back in February, when many in the media were insisting that iPad apps were going to save the media business, we wondered why all the stuff they were talking about sticking in their apps <a href="http://www.techdirt.com/articles/20100217/0335558196.shtml">couldn't work on the web as well</a>.  It appears that others are noticing that as well.  Jason Fry at the Nieman Journalism Lab is noting that <a href="http://www.niemanlab.org/2010/05/why-the-biggest-competitor-to-ipad-news-apps-may-be-a-familiar-face/" target="_blank">publications' own websites may be the biggest competition to their iPad apps</a> -- and he was apparently a big believer in the concept of iPad apps originally.  But after using the iPad for a while, he's realizing that the web is pretty good again:
<blockquote><i>
After about a week of using the iPad, I started deleting apps, because the websites themselves were perfectly adequate. This is the reverse experience of the iPhone. <b>On the iPhone, the browser was used only in emergencies, and apps ruled. On the iPad, at least for now, the opposite is true -- the browser is superb, and renders many apps superfluous.</b>
<br /><br />
That complicates things for news organizations. Many have already put too much faith in the idea that being able to charge for apps will reinvigorate their financial prospects. <b>Now, they have to confront the reality that their apps may compete with their own websites -- and right now the apps don't win that competition.</b>
</i></blockquote>
Of course, I can see some in the media getting the wrong idea out of this, and using it as an excuse to put "exclusive" content only in the app... but, that will just leave them open to competition from publications who add more value to their website.<br /><br /><a href="http://www.techdirt.com/articles/20100513/1513039419.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100513/1513039419.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100513/1513039419.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-there-you-go...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100513/1513039419</wfw:commentRss>
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<item>
<pubDate>Tue, 9 Feb 2010 09:22:00 PST</pubDate>
<title>NBC Continues To Do The Exact Wrong Thing When It Comes To The Olympics Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100208/1906288092.shtml</link>
<guid>http://www.techdirt.com/articles/20100208/1906288092.shtml</guid>
<description><![CDATA[ Is it any wonder that NBC Universal keeps having trouble?  If you painted them a map that explained how to clearly provide people what they wanted, the company would do the exact opposite.  Two years ago, during the summer Olympics, NBC Universal <a href="http://www.techdirt.com/articles/20080630/0210561546.shtml">severely limited</a> online offerings.  It didn't let people embed videos.  It only made events that people weren't as interested in available online, and even then, would delay much of the content online.  The backwards thinking here was that if they blocked the "good stuff" out and made it only on TV, it would drive people to the TV.  Of course, NBC's <i>own research</i> showed that the more people watched online, the more they <a href="http://www.techdirt.com/articles/20080814/0150071972.shtml">watched on TV</a>.  But, of course, by limiting access, <a href="http://www.techdirt.com/articles/20080826/0503422099.shtml">not that many</a> people watched online through legal channels (a lot more watched elsewhere).  And, at NBC, they considered this <a href="http://www.techdirt.com/articles/20080915/0158272270.shtml">a success</a>.  Seriously.
<br /><br />
And to prove it, NBC Universal is apparently going to make things even <i>worse</i> this time around.  <a href="http://torrentfreak.com/nbc-plots-crackdown-on-olympic-pirates-100208/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+Torrentfreak+(Torrentfreak)" target="_blank">TorrentFreak</a> points us to a MediaWeek piece that <a href="http://www.mediaweek.com/mw/content_display/news/digital-downloads/broadband/e3i2a2383a07ad64ff8a82e507c0a5ebd06" target="_blank">describes NBC Universal's "plan to fight piracy," that makes so little sense</a> it makes the whole Jay Leno fiasco look well-organized.
<br /><br />
Rather than giving people a choice, NBC is limiting its live streaming <i>even more</i>.  There are 300 events at the Winter Olympics in Vancouver, and NBC is going to stream a grand total of two of them live online: curling and hockey.  And, then its spending a ton of wasted effort getting lots of other sites to try to block live streams of Olympic events.  You know what would have stopped those live streams in a way that NBC could have profited from?  <i>Providing those live streams directly</i>.  What sort of company sees that there's demand for a product and then <i>purposely decides to not offer it</i> and to actively stop others who <i>are</i> trying to offer it?  Wow!
<br /><br />
NBC's explanation for all this is just as bizarre:
<blockquote><i>
"One of the things we learned in Beijing is that people really go to the Web for highlights," said Perkins Miller, svp, digital media at NBC
</i></blockquote>
Perhaps that's because you <i>didn't offer much live streaming</i> last time around, and the only events you did so on were the events no one cared about.
<br /><br />
But, of course, the best comes from Rick "oh-those <a href="http://www.techdirt.com/articles/20070621/004352.shtml">-poor-corn-farmers-decimated-by-piracy</a>" Cotton, NBC's general counsel, who seems so fixated on "stopping piracy!!!" that he seems oblivious to the concept of providing real value:
<blockquote><i>
"Our aim is to make access to pirated material inconvenient, low quality and hard to find," said Rick Cotton, NBC's evp and general counsel. In terms of Web piracy, "you are never going to go to zero. But there has been a sea change in terms of recognition of the problem."
</i></blockquote>
Again, you solve the problem of people going elsewhere by <i>giving them what they want</i>, not purposely deciding not to give them what they want and then getting upset when they go find it elsewhere. 
<br /><br />
And you wonder why, for the first time ever, a broadcaster is expected to <a href="http://mediadecoder.blogs.nytimes.com/2010/01/10/winter-olympics-likely-a-tv-money-loser/?src=twr" target="_blank">lose money on the Olympics</a>?<br /><br /><a href="http://www.techdirt.com/articles/20100208/1906288092.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100208/1906288092.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100208/1906288092.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>you-can't-be-serious</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100208/1906288092</wfw:commentRss>
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<pubDate>Fri, 4 Dec 2009 18:14:00 PST</pubDate>
<title>TV Exec Upset When Daughter Doesn't Want To Bring TV To College</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091204/1643377213.shtml</link>
<guid>http://www.techdirt.com/articles/20091204/1643377213.shtml</guid>
<description><![CDATA[ Just about a year ago, ABC TV exec Anne Sweeney was telling people at CES that they were in the <a href="http://paidcontent.org/article/419-ces-disney-abcs-anne-sweeney-cant-just-build-it-and-hope-viewers-come/" target="_blank">providing good content business</a>, and she wanted to see it delivered however people wanted to watch it, on whatever device they wanted.  But, it's a little more difficult to apply that message to her own family, apparently.  In the opening to an article about the whole "web vs. TV" debate (as if there really is one) in light of the Comcast/NBC deal, the piece opens with <a href="http://www.nytimes.com/2009/12/04/business/media/04hulu.html?ref=global" target="_blank">a story about Sweeney forcing her daughter to bring a television to college</a>, despite the younger Sweeney's protests that she had no need for a TV:
<blockquote><i>
"Mom, you don't understand. I don't need it," her 19-year-old responded, saying she could watch whatever she wanted on her computer, at no charge....
<br /><br />
"You're going to have a television if I have to nail it to your wall," she told her daughter, according to comments she made at a Reuters event this week. "You have to have one."
</i></blockquote>
Perhaps it's time to recognize that more and more people don't need a TV?<br /><br /><a href="http://www.techdirt.com/articles/20091204/1643377213.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091204/1643377213.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091204/1643377213.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>your-lot-in-life</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091204/1643377213</wfw:commentRss>
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<item>
<pubDate>Wed, 18 Mar 2009 05:17:38 PDT</pubDate>
<title>Tim Berners-Lee Conned By Web Scam?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090317/1913024158.shtml</link>
<guid>http://www.techdirt.com/articles/20090317/1913024158.shtml</guid>
<description><![CDATA[ Tim Berners-Lee, who invented the web, has now admitted that he was <a href="http://www.networkworld.com/news/2009/031709-web-inventor-berners-lee-conned.html?fsrc=netflash-rss" target="_new">recently conned out of some money by a "fake company" that he found online</a>, when searching for a place to buy some presents.  While some will leap to the conclusion that "something needs to be done!" when even the web's inventor can become a victim of fraud online, I don't see how it's really any different than traditional fraud.  People can and will get taken in by frauds.  It's what happens.  That the fraud happened online, or that it happened to the guy who invented the web hardly seems particularly meaningful here.<br /><br /><a href="http://www.techdirt.com/articles/20090317/1913024158.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090317/1913024158.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090317/1913024158.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-cold</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090317/1913024158</wfw:commentRss>
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<pubDate>Fri, 13 Mar 2009 16:10:00 PDT</pubDate>
<title>UK Says Every Website Visit Is Another Potential Defamation</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090312/1516554094.shtml</link>
<guid>http://www.techdirt.com/articles/20090312/1516554094.shtml</guid>
<description><![CDATA[ In the past, we've noted that laws covering defamation have a much lower barrier in the UK, leading to what appear to be many more questionable defamation lawsuits there.  It's now getting even more ridiculous.  A court in the UK, basing its ruling on a precedent from 1830, says that <a href="http://out-law.com/page-9858" target="_new">every visit to a web page counts as a <i>separate publication instance</i></a> in a defamation lawsuit.  Thus, every view of the content increases the potential liability.  As many are noting, this creates a massive <a href="http://out-law.com/page-9865">chilling effect</a> to publishing anything online in the UK.
<br /><br />
I've said this before, but it bears repeating: I'm beginning to question whether defamation laws even make sense online these days.  The original purpose behind libel laws was to prevent the situation where the <i>few</i> folks who controlled the presses could lie and smear the reputation of someone who had no legitimate way to fight back.  Given that everyone has a printing press and worldwide distribution system in their computers these days, everyone does have a way to respond to such false claims.  I'm not saying that we should get rid of defamation laws or that there aren't some obviously questionable cases -- but it does seem like many defamation lawsuits these days are little more than "I don't like what that guy said about me!"  As more and more people recognize that online content really does tend to be more conversational and opinionated than, say, something in a traditional newspaper, the worries about reputation being damaged come to seem a bit overblown.<br /><br /><a href="http://www.techdirt.com/articles/20090312/1516554094.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090312/1516554094.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090312/1516554094.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>yikes</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090312/1516554094</wfw:commentRss>
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<item>
<pubDate>Mon, 7 Jul 2008 01:48:42 PDT</pubDate>
<title>LA Times Just Realized That Print And Online Newsrooms Should Be The Same?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080703/1720271594.shtml</link>
<guid>http://www.techdirt.com/articles/20080703/1720271594.shtml</guid>
<description><![CDATA[ Nearly three years ago, we were surprised to hear the NY Times proudly announce that it was going to <a href="http://www.techdirt.com/articles/20050802/1547205.shtml">merge</a> its online and offline newsrooms.  What we couldn't believe was that in 2005 a newspaper actually still had thought it made sense to treat the two separately.  However, apparently the Times was way ahead of some other newspapers.  Buried in the ho-hum news about massive LA Times layoffs is the news that, as part of this reorganization, <a href="http://www.poynter.org/column.asp?id=31&#038;aid=146261" target="_new">it's finally going to merge its web and print operations as well</a>.  When you're sitting around wondering where newspapers went wrong, the fact that they wanted to keep web and print operations separate is probably a good place to start.<br /><br /><a href="http://www.techdirt.com/articles/20080703/1720271594.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080703/1720271594.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080703/1720271594.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-bit-slow-on-the-uptake,-huh?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080703/1720271594</wfw:commentRss>
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<pubDate>Mon, 21 Jan 2008 18:45:04 PST</pubDate>
<title>Then Again, Perhaps Technology Is Good For Modern Stories</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080118/185225.shtml</link>
<guid>http://www.techdirt.com/articles/20080118/185225.shtml</guid>
<description><![CDATA[ A few weeks ago, we pointed to an article claiming that modern technology was making it <a href="http://www.techdirt.com/articles/20080110/013107.shtml">harder</a> to write interesting "thriller" or "mystery" movie plots, since it was (according to the author) tougher to come up with plausible storylines that wouldn't be ruined by a character holding a mobile phone.  That seemed like a bit of a stretch, but now we have the flipside to that, which is that authors of mystery stories claim that the web has been tremendously useful in <a href="http://www.usatoday.com/tech/webguide/internetlife/2008-01-17-crime-writers-research_N.htm?csp=34">helping them come up with important details</a> to make their plots and stories more realistic.  They track crime reports, learn new jargon, look up maps of locations, understand weapons and generally get the extra info they need to make the story feel more realistic.  So, perhaps story writing hasn't been killed off by technology after all.<br /><br /><a href="http://www.techdirt.com/articles/20080118/185225.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080118/185225.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080118/185225.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-such-a-bad-thing</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080118/185225</wfw:commentRss>
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