Derek Kerton 's Techdirt Comments

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  • On the post: According To MSNBC, If Online Voters Support Ron Paul, Their Votes Count Less

    Derek Kerton ( profile ), 10 Sep, 2011 @ 03:27am

    Re:

    "it would make the rest of the points seem all very similar."

    Yes. They would all look like they got their ass handed to them by Paul.

  • On the post: According To MSNBC, If Online Voters Support Ron Paul, Their Votes Count Less

    Derek Kerton ( profile ), 10 Sep, 2011 @ 03:22am

    Re: Re: Re:

    I'm no Ron Paul voter, but there is something wrong with a process that systematically pre-empts a candidate as "not a serious contender". It's especially scary when that candidate does well in polls, debates, and in Ames.

    Last time I studied Greek history, grooming the field of options was not the foundation of Democracy.

    "Ron Paul has ZERO chance of being elected and is rightfully ignored"

    All due respect, but I don't want you, nor Roger Ailes, nor some other boneheaded news director telling me who is, and who isn't viable.

  • On the post: MPAA Mocks Entrepreneurs For Being Concerned About MPAA's Efforts To Stifle Innovation

    Derek Kerton ( profile ), 10 Sep, 2011 @ 03:17am

    Re: Re:

    It's sure as hell not going to catch CwF RtP!

  • On the post: Kellogg's Stakes Claim To Toucans, Mayan Imagery; Issues Cease-and-Desist To Guatemalan Non-Profit

    Derek Kerton ( profile ), 09 Sep, 2011 @ 12:08pm

    Re: new ceral

    Forget Righthaven. You just wrote "Patent-O's"

    You are going to get a letter right now from these guys:

    http://patentlaw.typepad.com/

  • On the post: Top Entrepreneurs Warn Congress: PROTECT IP Will Stifle Innovation & Hurt Job Growth

    Derek Kerton ( profile ), 08 Sep, 2011 @ 04:59pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    "a lot of these ACs and Mike Defenders are just Mike himself. It's really that desperate around here."

    I love this line. I remember back a decade or so when fools accused Mike of writing every article, even the ones I wrote. They said he was "faking" extra persona.

    It has never been difficult to find out that I'm a real person, but to actually do a few clicks of research is harder than spewing lies. I do smell desperation here, you are right about that.

  • On the post: Top Entrepreneurs Warn Congress: PROTECT IP Will Stifle Innovation & Hurt Job Growth

    Derek Kerton ( profile ), 08 Sep, 2011 @ 04:53pm

    Re: Re: Re: Re: Re: Re: Re:

    "That could be anyone"

    So you are agreeing with my comment a few above that Mike is respecting the anonymity of his commenters.

    However, taken in aggregate, it IS relevant information that a high proportion of comments comes from the Beltway. Normally, we would expect a more normal distribution. So, this suggests a political agenda may be at play, not just some friendly Techdirt readers who disagree.

  • On the post: Top Entrepreneurs Warn Congress: PROTECT IP Will Stifle Innovation & Hurt Job Growth

    Derek Kerton ( profile ), 08 Sep, 2011 @ 04:49pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    Seconded.

    Citation please.

    What I've seen is Mike often commenting that HE knows the identity of some of the commenters, or HE knows where they are located (with IP-grade reliability), and he offer some anonymized relevant implications from that.

  • On the post: Top Entrepreneurs Warn Congress: PROTECT IP Will Stifle Innovation & Hurt Job Growth

    Derek Kerton ( profile ), 08 Sep, 2011 @ 04:10pm

    Re: Re: Re:

    "Try to remember that we're talking about a SINGLE, decent sized motion picture versus 10 jobs added by each of the signatory companies to Mike's letter. "

    Where is this one filmed? Toronto or Vancouver?

  • On the post: Kellogg's Stakes Claim To Toucans, Mayan Imagery; Issues Cease-and-Desist To Guatemalan Non-Profit

    Derek Kerton ( profile ), 08 Sep, 2011 @ 03:21pm

    5 + 0 = 5

    - 12oz Milk
    - 1 Banana
    - 12oz Orange Juice
    - Fruit Loops
    - Ridiculous Trademark Suit

    Ridiculous lawsuits. Part of this nutritious breakfast!

  • On the post: Imagine If Everyone Had To Start From Scratch And Reinvent The Wheel Every Time They Wanted To Build A New Car?

    Derek Kerton ( profile ), 08 Sep, 2011 @ 03:15pm

    Re:

    Montague > Capulet

  • On the post: Imagine If Everyone Had To Start From Scratch And Reinvent The Wheel Every Time They Wanted To Build A New Car?

    Derek Kerton ( profile ), 08 Sep, 2011 @ 03:13pm

    Re:

    You might want to move that App Store date forward a bit, because I remember the same experience on my Palm Pilot, where I bought apps from the Palm store, and they appeared as icons on my launcher screen.

    You are also involved in deep non sequitur. The Gizomodo claim was that any kind of copying was lazy and unimaginative (L&U). But your answer is that, after some arbitrary 20 year period, then copying someone's work is no longer L&U? So copying old ideas is not L&U, but copy anything fresher than 19yrs 364 days is L&U. How does it suddenly become OK?

  • On the post: The Impossibility Of Google Blocking All Pill Factories From Advertising

    Derek Kerton ( profile ), 08 Sep, 2011 @ 12:42pm

    Re: Re: Re: Re: Re:

    Disagree. That would be "tainted".

    Fake implies a lack of the active ingredient.

  • On the post: The Impossibility Of Google Blocking All Pill Factories From Advertising

    Derek Kerton ( profile ), 07 Sep, 2011 @ 11:26am

    Re: Re: Re:

    May I refer you to my LOL comment a page or so above.

    We don't tell the government that "If you can't keep the streets free from crime, then maybe you shouldn't be in the street business." Or that they should just keep hiring enough police until they are able to eliminate crime. Why should Google be held to a higher standard.

    And to those who accuse Masnick of fighting Google's battles for them, get a clue. It's not for love of Google. Techdirt has very frequently and consistently fought for immunity for platforms. Section 230 is frequently supported here, and the same debate was made for Craigslist when Attorneys General tried to grandstand about removing crime (hookers) from CL.

    We don't hold gun makers responsible for crimes done with guns, we don't hold car makers responsible for car accidents or deliberate collisions, we don't hold gov't responsible for crimes committed on public property, we don't hold banks responsible for robberies committed on their premises. A little consistency (and common sense) suggests that we should not hold web hosts responsible for content posted by others on their platforms.

  • On the post: France: Copyright Is More Important Than Human Rights

    Derek Kerton ( profile ), 06 Sep, 2011 @ 05:43pm

    Re: Re: Re: Re: Re:

    What's funny is that we, in the US, make fun of France ad nauseum for being "surrender monkeys". And I have to admit, it can be occasionally funny if the joke is well constructed. And, sure, the accusation is based on some historical fact. But Gaulish history goes back before WWI, and plenty of wars were fought, not surrendered.

    However, self-entitled Americans should not call the kettle black. We roll over, not for foreign aggressors, but for domestic abrogation of our rights. Patriot Act, Protect IP, warrantless wiretaps, retroactive immunity, etc, etc. Hardly a peep from us patriots. We'd much rather watch reality TV and get lathered up about abortion or gay marriage.

    The French could teach us something about standing up for our rights. If the gov't there pushes too far, there will be a protest in the Champs Elysees faster than you can say "Jean Valjean". Striking and demonstration has reached the level of national pastime! And that's a good thing.

    You can disagree all you want with the things they protest, but you shouldn't argue with their zeal to get involved with their governance. Around here, the only group I see that is as politically engaged is a wacky splinter group that believes Paul Revere rode around to warn the British that "were a comin".

  • On the post: The Impossibility Of Google Blocking All Pill Factories From Advertising

    Derek Kerton ( profile ), 06 Sep, 2011 @ 05:23pm

    The Streets Aren't Safe Anymore

    There are crimes committed, like illegal drug sales on street corners in many towns. We should hold the government accountable for those crimes. They should fine themselves $500M because other people are doing "no-nos" on their infrastructure, and they should be forced to stop it from happening.

    When they succeed at stopping all crimes on all streets, that will prove to Google that it is possible to do such a thing, and Google can follow the shining example.

    I suggest the gov't call it "THE WAR ON DRUGS", and that we always write it in all-caps to illustrate the magnanimity of it. It should be over in a few weeks, and then won't Google look so silly!!

  • On the post: HP Tablet Fire Sale Lets Us Put A Price On The Value Of A Strong Development Community

    Derek Kerton ( profile ), 04 Sep, 2011 @ 12:01pm

    Re: Re: Re: Re: Re:

    Ha ha!

    You cite MY accusation of YOU mistakenly conflating two things as evidence that I clumsily conflated two things?

    Big Fail.

    I probably humored this debate too long. I really just stuck around for the fun of winning a public debate. I won't carry on until you to admit you're wrong. I only need for the written record to show that you are wrong to the average passer by. Mission accomplished. Out.

  • On the post: HP Tablet Fire Sale Lets Us Put A Price On The Value Of A Strong Development Community

    Derek Kerton ( profile ), 04 Sep, 2011 @ 10:21am

    Re:

    No, that wasn't your primary point all along. It was one point you made, and which I already acknowledged and said was unknown and trivial as it related to HP:

    Derek: "If you want to haggle back and forth whether the HP cost/unit is $318 or 328 or 338, frankly I don't much care. You're worrying about detail, while misunderstanding the discussion. You are confusing the market exit of HP with the market entry strategy of other tablet makers."

    http://www.techdirt.com/blog/wireless/articles/20110831/15471715757/hp-tablet-fire-sale-lets-us-put-price-value-strong-development-community.shtml#c667

    Yes, there is more to total cost than BoM. Of course. Duh, even. There are some SG&A (selling, general, and administrative) costs involved in getting a product to market...which I admittedly may have failed to calculate. You got me. Busted!! I admit it. Of course, I also wrote this on Sept. 2:

    Derek: "You make valid points about the SG&A costs, which I don't discuss because of brevity. BoM is considered the hard costs paid to suppliers, and does not include internal SG&A..."

    http://www.techdirt.com/blog/wireless/articles/20110831/15471715757/hp-tablet-fire-sale-lets-us-put-price-value-strong-development-community.shtml#c479

    If that was your primary point - trying to prove an argument that I have conceded all along - then I'm not sure why we're still here.

    Now, are you abandoning your other primary argument? You know, the one that shows you didn't really understand the article, where you wrote:

    Michael: "You seemed to argue, however, that the fact that people were willing to spend $250 for a $328/$500 device as proof that they should have tried losing $100/unit to build market share."

    Did you manage to find anything I wrote that claims that?

    So, at the end of a debate that you lost, you return to a small point that I conceded early on, say it's your primary argument, and declare victory. Good for you.

  • On the post: HP Tablet Fire Sale Lets Us Put A Price On The Value Of A Strong Development Community

    Derek Kerton ( profile ), 03 Sep, 2011 @ 08:35pm

    Re: Price premium?

    "Why does everyone here think Apple is charging a premium for the ipad?"

    Because they do. But actually, most of what I said was not "Apple charges a premium" but that iPad "is a premium product", and customers are willing to pay a premium because of the better app ecosystem, design, and brand.

    Premium is also defined as a price above the normal price. The normal price, per my article, is what users actually want to pay for the other tablets, which is proven to be less than $500 by their lackluster sales at $500. iPad sells successfully at $500, other tablets don't - thus, iPad is a premium product.

    You wrote that Apple needs to price iPad at $500 "for there to be ANY profitability". You're wrong. They make bundles of profit per unit.

    When last reported, Apple made between $208 and $499 PROFIT each, depending on the unit. Need a citation? Here ya go:

    http://www.computerworld.com/s/article/9150045/Apple_makes_208_on_each_499_iPad

    Apparently, since then, they've driven component costs down. Want more recent data, here it is:

    http://www.macnn.com/articles/11/07/13/nokia.settlement.may.factor.in.on.july.19.results/

  • On the post: HP Tablet Fire Sale Lets Us Put A Price On The Value Of A Strong Development Community

    Derek Kerton ( profile ), 03 Sep, 2011 @ 08:17pm

    Re: Re: Re:

    "You seemed to argue, however, that the fact that people were willing to spend $250 for a $328/$500 device as proof that they should have tried losing $100/unit to build market share."

    Show me where I did that.

    "Or that someone else should do so as an "entry" strategy."

    Show me where I did that (other than for Kindle or Nook, noting that they could offer a device at cost and profit on media - a concept that, despite my mention of it, you seem intent on educating me about twice.)

    You can't make things up, attribute them to me, and then refute them for a win. Work with the words I actually wrote.

    Here's a useful summary:
    - Apple easily sells their iPad for $500, others have lackluster sales at the same price
    - At $100, HP's TouchPads fly off the shelf
    - TouchPad costs about $318
    - The market currently values them at around $250 (note that I never even suggest that this means a successful business strategy for any device maker is to sell tablets for $250. Please read better. Just that this is the market-clearing price for TouchPad. It's what the consumers want to pay, NOT what the sellers want to charge.)
    - Apple's developer ecosystem offers their tablet a $200-$250 value premium in the customers' eyes, AND there is some value premium attributable to brand and design.
    - Thus, for now, "Tablets are Apple's private playground."
    - The Nook or Kindle, if done as full Android tablets and priced low enough, stand a chance against iPad.
    - It'll take a few years of Moore's law and Android progress to reduce the advantage iPad now enjoys.

    You would have to be stoned to interpret that as a green light for any OEM to price their tablet at a loss, and make up the difference in volume.

  • On the post: HP Tablet Fire Sale Lets Us Put A Price On The Value Of A Strong Development Community

    Derek Kerton ( profile ), 02 Sep, 2011 @ 05:12pm

    Re: Re: Re: I'm not sure you understand...

    "What else would they focus on? Name one other thing..."

    Oh, man, that's easy. Just look at any ad from any non-Apple CE OEM.I'm not saying these ads are successful, but Apple COULD focus on things like:

    - 5 Megapixel Camera
    - Photo enhancement software
    - 4" AMOLED screen with Gorilla glass
    - dual core, 1.9999 GHz!!!
    - just pencil thin
    - FACEBOOK!!
    - 3G, 4G, WiMAX

    Here' just have a look:
    http://www.samsung.com/global/microsite/galaxys2/html/

    What's funny is I typed the bullet list before I searched for that site, and then basically saw my bullet list.

    Most OEMs just read a spec sheet into their ad copy. Apple's first year of apps focused on the features of the phone (not just specs), but after a year, shifted to apps and that's all.

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