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Here is the situation:
Below is a typical Feedburner RSS ad, which appears in Newsreaders but not on Web pages. We'll discuss it after the flip:

UPDATE: After this was posted, Feedburner vice president-business development Rick Klau wrote the following. It is directly on point (as the lawyers say):
While I can only speak for FeedBurner, we only splice ads into feeds for publishers, on behalf of the publisher. We never splice ads in a feed that the publisher didn't ask for, make money from, or know about, ever. It's the same type of model as web advertising solutions that you use on your site, and you make most of the money.
FeedBurner is a publisher service. We only perform those services on a feed that a publisher wants us to perform, and that goes for everything, whether it's splicing ads, applying a stylesheet, or tracking statistics.
No blog site manager running our service can be unaware that their feeds have ads in them because it is impossible to get ads in your feed at FeedBurner without either directly contacting us or selecting the AdSense for Feeds program and providing us with all the details needed to splice in those ads.


While using the Web to track Hurricane Katrina (get out of New Orleans and Biloxi while you still can) I found the high-ranking site for another Katrina, Katrina Leskanich.
Don't remember her? How about her band Katrina and the Waves? Still nothing? OK, how about this:
Now I'm Walking On Sunshine (whoa oh)
I'm Walking On Sunshine (whoa oh)
I'm Walking On Sunshine (whoa oh)
And Don't it Feel Good (Hey) (All right now) And Don't it Feel Good (Hey)
(Yeah)
If you're of a certain age (anywhere from 35 to about 45) that should send you running screaming from the room. The band made a living off that for years, but by the mid-1990s even the Germans were tired of them.
So Katrina, who was an American Army Brat but has been in England since 1976, went back to the drawing board. She actually had some success, even winning the Eurovision Song Contest for England in 1997, but she wanted back in the pop game.
So how do you make a comeback in 2005?


There's a chain of bookstores in South Georgia that hold a secret.
I discovered it on the way back from a convention in Orlando one day, desperate for some present to give my book-loving wife.
Stacked floor-to-ceiling in these stores are "best-sellers," nearly every "big" title from a right-wing hack delivered over the last decade or more. There's Laura Bush's autobiography, alongside the Swift Boat attack on John Kerry and titles from the whole Fox News pantheon. There are right-wing preachers, firebreathers, and a ton of get-rich-quick books by folks who, if they really knew that much, would have gotten rich some other way.
I think about those stores whenever I see "books" like Kevin Trudeau's Natural Cures or Neal Boortz' Fair Tax Book topping things like The New York Times best-seller list, week-after-week.
Do you know anyone reading this dreck? You might not.


People often ask me what's wrong with journalism.
The answer comes down to one word -- arrogance. Even junior members of the trade think they're in a profession, whose job it is to rule on what's true and what's not, all decisions final.
Take William Beutler of The National Journal, for instance. Beutler just got a pretty amazing gig. As editor of the Hotline Blogometer he spends the day scouring the political blogosphere and tallying up the points. (He is still listed as writing The Washington Canard, but he doesn't update it often anymore. The picture is from that Web site. Beutler's a shy fella.)
It's hard work, as some in Washington might say. And mistakes will happen. Journalists complain that bloggers won't spend 5 minutes on the phone to get something right. Well, journalists won't spend 20 seconds on Google to do the same thing. And Google's improving much faster than the phone.
Anyway, Beutler's August 15 missive began by referencing Cindy Sheehan as an "alleged" gold star mother. I went ballistic. Whatever you think of Sheehan's protest, no one can argue that she is, in fact, a Gold Star Mother (all caps), this being " an organization of mothers who have lost a son or daughter in the service of our country."
After considering my e-mail for some time, Beutler made a slight change. He didn't acknowledge the mistake. He just took the alleged out. And gold star is still lower case, still in quotation marks.
Now, before you click below, get out your hankies.



The recent contretemps over Google's Digital Library plan proves that the essential conflict between copyright and connectivity has not been resolved.
I was chilled by this comment from Karl Auerbach, (right, the cartoon featured on his home page) former ICANN governor and certified "good guy" of Internet governance, to Dave Farber's list:
I've become concerned with how search engine companies are making a buck off of web-based works without letting the authors share in the wealth.
I've looked at my web logs and noticed the intense degree to which search engine companies dredge through my writings - which are explicitly marked as copyrighted and published subject to a clearly articulated license.
The search engine companies take my works and from those they create derivative works.


Om Malik's pointing to Robert Scoble's friends hammering Andrew Orlowski over the IE7 beta got me thinking about blogging social structures. (The image is from the archives of Johnstown, New York's Colonial Little Theater.)
It's becoming gang warfare, done on a psychological level.
Every top blogger has a gang of toadie blogs that will do its bidding. I got a little taste of that with the Ev Williams mistake (not that I didn't deserve the hammering) When a top blogger identifies a target for ridicule, others can jump in like wolves.
It works the other way, too. When an individual becomes a target a mob of bloggers may take them down, unled. This is what happened to Dan Rather. The story about Bush being a chickenhawk was sound. There was a problem on one of the sources. But a mob of bloggers brought him down, and now they celebrate this, daily.


Today's politics is cultural.
Even economic and foreign policy issues are, in the end, defined in terms of social issues. This creates identification, and coalitions among people who might not otherwise find common ground -- hedonistic Wall Street investment bankers and small town Kansas preachers, for instance.
I am coming to believe the next political divide will be technological. That is, your politics will be defined by your attitude toward technology.
On one side you will find open source technophiles. On the other you will find proprietary technophobes.
It's a process that will take time to work itself out, just as millions of Southern Democrats initially resisted the pull of Nixon. Because there are are divisions within each grand coalition we have today, on this subject.
This latter split gets most of the publicity, because more writers are in the cyber-libertarian school than anywhere else.
Initially, the proprietary, security-oriented side of this new political divide has the initiative. It has the government and, if a poll were taken, it probably has a majority on most issues.
But open source advocates have something more powerful on their side, history. You might call it the Moore's Law Dialectic.


This week's issue of my free weekly newsletter, A-Clue.Com, dealt with issues of copyright and intellectual property. (Subscribe here.)
It is the central issue of our time. Information isn't what it was. But what it was isn't what you were taught it was.
Information doesn't want to be free. It wants to be translucent. (Zach's Magic Rock, courtesy of Texasarrowheads.com, is translucent.)
I have been learning about translucence in my new hobby of bread-making. You know you're done kneading when you can take a piece of dough, pull it apart with your fingers, and see light shining through it before it breaks apart.
Information is like that. It wants to be given to those who will pay for it, in a coin selected by those who hold it.
Continue reading "This Week's Clue: Information Wanted to be Translucent"


That's what Rupert Murdoch has paid for him, buying his Intermix Media and its prime asset, MySpace.
Fox has never had an Internet strategy. This was partly because Murdoch wouldn't pay top dollar for Internet assets. But it was also because he has kept his Internet operations on a short leash.
By spending big to get MySpace, which has taken over the business of social networking around music in the last year, Murdoch is changing his tune.
But it doesn't matter unless DeWolfe, who launched MySpace just two years ago with Tom Anderson, has a second strategic act in him.


Conservatives have long complained the press is biased against them. Lately liberals have taken up the same cry.
Now technologists have the right to call out the media as well. When an organization that claims to be totally dedicated to the search for objective truth, like the Associated Press, starts slipping bias into its tech coverage, watch out.
I first saw the story, and headline, in the Rocky Mountain News. Opera has placed BitTorrent support directly into its browser, hoping that will help it pick up market share against Firefox and Explorer.
But the headline? Piracy tool turns legit. And the text was no better. " The Opera Web browser will soon support a file-transfer tool commonly associated with online movie piracy."
Excuse me, AP, but bull-cookies. BitTorrent is not Kazaa. It's a technology. There's no business there. Blaming BitTorrent for piracy is like blaming FTP or SMTP or even HTTP for piracy, because you can move copyrighted files. You can move copyrighted content across all Internet protocols. They are value-neutral. And the head of Opera even told you why he did this -- because it enabled the rapid distribution of Opera itself and Opera wanted such a capability widely-available.
Techdirt went ape-biscuits over this, as they should have, but never considered why the AP acted as it did.
Here's why.


Hear me out.
J.K. Rowling conceived her entire series on a train. It would be seven books, matching the years spent at an English boarding school such as Eton.
Book Six was released tonight. Rowling herself appeared at Edinburgh Castle at midnight, behind a puff of smoke, to read some of it to some of her fans.
The series was conceived, however, on a train, as a growing-up story. The first book would be an 11-year old's tale told from the point of view of the 11-year old. The final book would be an entrance into adulthood, a mature book.
No one could hit that kind of timetable. It's amazing to me that the 6th book went on sale just 7 years after the first one arrived.
My daughter is a big Harry Potter fan. Harry taught her to read, despite mild dyslexia. First my wife read it to her, along with the second and third books. Then she read them herself, several times. She has grown up on Harry but she will still be grown before Harry will. So will the actors who have been portraying the title character and his friends. It's very likely the actors will have to be replaced before the seventh movie can be produced.
But there's even more to it than that.
Remember that, as Arthur C. Clarke said, "any sufficiently advanced technology is indistinguishable from magic."
It's this that's the key to understanding what's really going on in the Harry Potter series.


For people who like gaming, their games (or online environments) are their main interface to the Web. This has been true for some time, and unremarked upon.
There are other new interfaces that many people depend upon. The iTunes player can be an interface, when linked to Apple's Music Store. Any music player, or multimedia player, is a separate Web interface, which may or may not connect to a Web page at any time. People who swap files use those programs as interfaces.
The point is in many niches the Web browser has already been replaced as the main interface to the Internet. Microsoft's five-year campaign to dislodge Netscape was worthless, which may be why they're letting Firefox run off with so much market share.
And now, even readers are getting their own, separate interface, the RSS reader.
I use FeedDemon. Steve Stroh uses NetNewsWire on his Mac and calls it fabulous. This field has yet to shake out.
I have noticed some big differences occur in my work when I'm using FeedDemon instead of the browser as my interface to the Web:
Steve Stroh has more after the break:
Continue reading "The New Interfaces (co-starring Steve Stroh as "The Expert")"


Since I was handing out royal titles last week I thought it might be fun to consider what J.D. Lasica might deserve for Darknet.
NOTE: That's the royal crown magnolia from mytho-fleurs.com. Like it? It's yours.
A long evening spent reading Lasica's book brought the title to me: King of Irony.
Remember, this is a book. Thus it is subject both to a book's business model and its rights regime.
Want a copy? $25.95 plus tax and (if you buy it online) shipping get it for you. Or wait for it to appear at your local library. Or borrow one from a friend, free. Or wait some months for it to appear in a discount bin, or a remainder lot, or a garage sale. The price you pay is a function is a function of the time you're willing to wait for it.
What can you do with this book? I typed an excerpt today by hand. The length of the excerpt, again, is a function of time, and the cost of my time to produce it, unless I want to string it out a page or two. In that case, technology might be deployed -- a scanner -- plus a few minutes with the scanner's OCR software, some cutting-and-pasting, and voila!
Want to steal some more? Production costs are going to get you. A Xerography process may give you a bound book for just a few dollars, if your order is small. An offset process costs less per book, but the order in that case must be bigger. I guarantee the printer will want to know you're a Wiley fella (or lady) before they take the order.
And we haven't even cracked the cover yet. Easy to see where Lasica's crown comes from.


Don't like fiction? I understand.
But you still need your summer reading. The season is upon us.
So might I offer you the latest from my new friend J.D. Lasica, Darknet
I've been covering the Copyright Wars for nearly a decade, and wish I had looked up from the day-to-day to try something like this book. Its subtitle is Hollywood's War Against the Digital Generation, and it covers a ton of ground.
If you're not familiar with the digital underground, or what digital editing is capable of, then Lasica's book will be a revelation to you. Even for old hands like me it's good sometimes to get it all down so you can ponder it as a whole.



It's unanimous.
By a 9-0 count the Supreme Court has held that Grokster (and its ilk) can be sued.
The decision was written by David Souter (right, in an old picture from Wikipedia), a conservative-turned-liberal appointed by the first President Bush.
Here's the key bit:
"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."
I've highlighted the most relevant portion. To me it looks like they wouldn't hold against BitTorrent, but that Grokster's business model, which did sell the service as a way to infringe, crossed a legal line.
As written I find it hard to argue against the language, but I guarantee I'll disagree with the interpretation, especially the spin being placed on this by the copyright industries.
As I see it the decision puts a limit on the "non-infringing uses" language of the Betamax decision, but does not overturn it. Grokster falls because its business model is based on infringement. BitTorrent has no business model, and thus may be exempt.
Trouble is that is an assertion that will be tested in courts that will twist this result just as the DMCA was twisted to reach this decision. Congress was told by the Copyright industries in 1998 that the DMCA would not overturn Betamax, that it would protect fair use, that it would not be extended in that direction and should not be interpreted as going there.
With this decision -- a unanimous decision as opposed to the 6-3 Betamax ruling -- I guarantee you the industry's lawyers will try and turn this into open season on the Internet.
But can they?


Former RIAA president Hilary Rosen finally gets it about copyright.
This volume needs to be embraced and managed becasue it cannot be vanquished. And a tone must be set that allows future innovation to stimulate negotiation and not just confrontation.
Her column at the Huffington Post (she apparently chose not to take feedback on it) is filled with honesty about both the tech and copyright industries, honesty she never admitted to (in my memory) while shilling for the RIAA.
But is it possible that this honesty is what finally caused her to leave? (Or did her life, and its imperatives for action, take precedence?)
That would be a shame, because the fact is, as she writes, that the answers here must lie in the market, not the law courts. For every step the copyright industries take in court, technologists take two steps away from them. This will continue until the copyright industries really engage consumers with offerings that are worth what they charge, and which aren't burdened with DRMs that restrict fair use.


We returned to the topic of e-commerce, and the effort to make money in journalism, with this week's A-Clue.Com, which went out to subscribers this morning. (You can get one too -- always free.)
The topic this week might be called the new media's old media problem, with a proposal for solving it. (I have no idea whether the book here is good or not. If someone can send me a link to sales, we'll see.)
Enjoy.
In software terms blogging and commerce are incompatible. They're two trains running on different tracks.
Bloggers aren't really thinking of making money. They may put up begging bowls, and they make take BlogAds, or put in Google AdSense, but their Achilles Heel is that, when they think of money at all, it's in Old Media terms.
Let's sell ads.
Community Networking Systems like Scoop, Slash and Drupal also share this problem. They have an advantage over blogging systems in that they can scale. They can take a lot of traffic, and a lot of users. Those users are empowered to create their own diaries, or polls, or multi-threaded comments. But again commerce is secondary, in this case even tertiary. The most successful "commercial" community sites are those, like DailyKos and Slashdot, that direct people off-site to give money or time to important causes. There is no built-in business model.


Regular readers of this space will know Mark Cuban as a recurring character in my two online novels, The Chinese Century and The American Diaspora.
I think it's important to note that the Mark Cuban of those novels is a fictional character. He has the same name, face, and background as the real Mark Cuban, but his motivations and actions are purely imaginary. The world of my alternate histories diverge from the real world right after the last election, with the imagined meeting of an American ambassador and a Chinese official. From there on out it's my world, not your world, not the real world.
There is, of course, a real Mark Cuban. You can find this Mark Cuban at his personal blog, BlogMaverick. It's telling that, to my knowledge, Cuban is the only blogging billionaire. I hope it's telling in a good way.
What's the real Mark Cuban like?


I guess I felt a little down this week -- about the direction of technology, about the economy, about a lot of things.
So the readers of A-Clue.com got an earful. (You can get one too -- always free.)
There are times when history, like television, goes into re-runs.
We have literally turned Iraq into another Vietnam. But we've seen this movie before, so when Rumsfeld does his McNamara imitations, or Bush plays like LBJ's dumber brother, we change the channel.
Yet the fact is that when history repeats (unlike television) it does so in spades, in triplicate.
World War I was horrible. World War II was worse.
Iraq is not the only Vietnam repeat out there. We're doing the same thing with the Internet.
We're ignoring history. We know what would work to secure our computers, and the networks they run on. But we don't act. So we get this incremental escalation, this drip-drip-drip that leaves us, in the end, worse off than we would be had we taken decisive action at the start.
There are laws on the books that should deal with spam, with spyware, and with the problems of identity theft. They can be found under headings like fraud, theft, and fiduciary responsibility. Nothing is being done today that wasn't done before - only the means have changed.
Instead of moving against these problems together, as was attempted in the 1990s, we're leaving everyone on their own, and sometimes the cure winds up being worse than the disease.


It's official.
Not only is Apple switching its chip supply contract from IBM to Intel, but it is moving to Intel processors in the bargain.
In making the announcement this morning, Steve Jobs said he didn't see how he could continue making great products beyond next year "based on the Power roadmap."
Right after his speech he had a cagey interview with CNBC's Ron Insana. "It’s not as dramatic as you’re characterizing it," he insisted.
"This is going to be a gradual transition. Hopefully a year from today we’ll have Intel-based Macs in the market. It’s going to be a two-year transition.
"As we look into the future, where we want to go is different (from IBM's product roadmap). A year or two in the future Intel’s processor roadmap aligns with where we want to go.
"I think this will get us where we want to be a year or two down the road." Jobs refused repeated requests by Insana to explain what he meant by that. (Jobs is also shaving even more closely than this picture shows. He's down to tiny stubble around a a still-brownish moustache. Hey, Steve, I'm 50 too.)
What I think he means, simply, is video.
Beyond this, most of what I wrote last week holds. This deal is not material to Intel, which continues to face loss of major market share to AMD among Windows and Linux users.
But there are also vital lessons here for followers of Moores Law, lessons I need to impart.


Chris Anderson's blog, The Long Tail , is a "public diary on the way to a book" about the economic impact of mass customization.
As the graph shows, the phenomenon is familiar to anyone who blogs, and the challenge is to find a way to profit from it.
Stuff on the left side of the curve has business models. Stuff in the middle is struggling for a business model. Stuff on the right has no business model.
As you can see by looking at the endorsements on the left side of Anderson's blog, the Digirati are reacting like Anderson just discovered fire. And the Long Tail is no less obvious.
What's non-trivial is finding a way to profit from these atomized markets.
Google does it. TiVo does it (sometimes). But must those who profit from the "market of one" all be scaled? What about the creators? And what are the consequences of that?
What we've seen in the market, since the rise of the Internet, is an increasingly-shorter tail. Middle market books don't sell. Independent movies are having more trouble getting produced, not less. Musicians who used to live decent lives on record company contracts find today they can't get a sniff.


I've been a professional writer for over 25 years now. And what is most striking about the last few years, besides the rise of open source and blogging, is the rise of forced amateurism.
I've written about this before regarding Fuat Kircaali. He has built a fortune on the backs of unpaid labor. (No, that's not Fuat to the right, it's St. Martin and the Beggar, by El Greco, from iBiblio.com.)
He's not alone. Far from it, in fact. Three years into a supposed tech recovery and most of the offers I'm getting, still, are for "exposure" or "contacts," not dollars. Even those publishers who do profess to pay something, such as Newsfactor, in fact pay very little. Professional tech journalism, the field I've been part of for 20 years, is circling the drain.
The same is increasingly true of professional software development. The rise of open source disguises a disquieting fact. Many programmers today can't get work, and salaries are down. Most commentary is to the effect that programmers should "get over it." No wonder fewer want to be in the profession. I notice that CEO and sales pay rates in that industry aren't falling.
The fact is that trends designed to liberate this business, so far, are succeeding only in impoverishing the people in it. I've said this before, but the problem here is one of business models.
Continue reading "The Real Open Source Challenge is Getting Paid"


When will we get effective political pushback against Hollywood's absolutism on copyright?
I once thought it would happen when people were jailed for linking.
I was wrong.
The filing of criminal charges against the people who ran Elite Torrents, a BitTorrent "tracking site," and the complete take-down of the site, has caused few ripples. Washington remains as absolutist as ever.
Instead, it's technology that retains our confidence. BitTorrent is now becoming trackerless. No trackers, no tracking sites to take down, no track linkers to toss in jail.
But that's not good enough for me. This is like depending on super weapons to defend us in an atomic age. Without peace, soon, between copyright owners and copyright users, the Internet will be effectively destroyed.
It doesn't take much imagination to see Al Qaeda propaganda, or even terrorist plans, being distributed via a Torrent. Especially a trackerless torrent.
From there it is a very quick move to seeing politicians equate file sharing with terrorism, Torrent users with Al Qaeda, and demands for a complete shut-down on any technology that can benefit the enemy.


Often the very thing you criticize others for is your own blind spot.
This was never more true than in Nick Kristof's piece (that's him at the left) yesterday called Death by a Thousand Blogs. China's authorities can't keep up with the content produced by broadband, he says. Their legitimacy is drowning in the resulting revelations.
He could have added the impact of cellphones to that. The ideographic Chinese language lends itself to delivering great meaning, even in small files, as the country's cell phone novella make clear. With 90 million new phone users just last year, with every year's phones becoming more data-ready, there's no way the Great Firewall of China can stand.
But what's good for the goose is also sauce for the gander. Kristof's very point speaks to the bankruptcy of pulling his column, and those of others, behind a paid firewall. They are too easy to replace. Their financial value is minimal compared to their value to the discussion. Losing the latter to gain some of the former is truly cutting off your nose to spite your face.
This is not the only lesson.


BitTorrent -- now trackerless!
Good news (at least in the short term) for file hoarders.
Given that both sides in the Copyright Wars know about language and framing, I'm urging use of this new term for the heavy hobbyist users on peer to peer networks.
I think the word hoarding says more about the motives of the users, and the way toward ending the practice, than anything else. Thanks in part to the industry's rhetoric, and in part to its actions, many lovers of music and other files are afraid they will lose access to the culture they crave. Thus they demand to have physical copies of its artifacts, and grab all they can. It's classic hoarding behavior.
But time is the limit here, not space. You can only listen to one song at a time, watch one movie at a time. It doesn't matter how big your collection is, the only way to get enjoyment out of it is to play the files.
Many hoarders today already "own" more files than they can play in their remaining lifetimes. When you get your arms around this concept, you begin to see how self-defeating hoarding is.
So how can hoarding be stopped?


In last week's issue of my free weekly e-mail newsletter, A-Clue.com, I took a look at business models , following a weekend at beautiful Belmont University in Nashville (left).
This week I continued the discussion, asking why so many responded to that piece denying they had any such thing as A Clue, let alone A-Clue.Com.
Enjoy.
There was an interesting reaction to my piece last week, denial.
Many of the leaders in the blogging business read it, and all of them denied its inherent truth, namely that they had A Clue.
I'm not a business, insisted Jason Calacanis. Never mind that he has 65 blogs, a uniform look-and-feel, that his writers don't even get their pictures on their blogs and, when they leave, they leave with nothing. No, it's all about passion, he insists. We do this for love, he says. Business? We're not building one of those.
So it went.
I'm not a success, insisted Rafat Ali of Paidcontent. I'm not powerful, insisted Markos Moulitsas of DailyKos. I'm a dilletante, said Glenn Reynolds. I'm only here for the beer, said Dave Winer. I'm no one at all, said Pamela Jones of Groklaw.


I didn't want to blog this. But when a good friend repeats a lie as truth and gets upset over it, truth just has to get its shoes on. So here goes.
Newsweek didn't kill anyone. Anyone who claims different is selling something.
Newsweek reported old news. The reporter, Michael Isikoff, had good sources in the Administration. He did all the right things. He had what he considered to be a reliable source. It was even buried deep in the back of the magazine.
The fact that people rioted, and people died, after the story came out is not the fault of Newsweek. It's the fault of whoever stuffed a Quran down the toilet. It's the fault of those who committed torture in our name, those who turned a blind eye to it, and ultimately those at the top. In the end I'm guessing that for every potential life saved by anything given under torture, at Abu Ghraib, Guantanamo, wherever, we created 100 terrorists, maybe more.
So let's get the story straight.


Some time in the next month the copyright world may (or may not) reel from the Supreme Court's decision in the Grokster case.
The facts on their face are as favorable as the plaintiffs can make them. Grokster is all about making money for itself off the property of others. Its business model is to sell ads, including adware (sometimes a polite word for spyware and malware). It hoses both sides of every transaction. And the software really does little more than a good FTP server (with an automated database) would.
The vast majority of Grokster's use is driven by hoarding. People fear losing access to the music they love (or might love). So they load up, until they have gigs-and-gigs of it they have to haul around. (Thanks to Moore's Law of storage this gets lighter and less expensive over time, but it still has to be kept.)
The hoarding in turn is driven by the industry's threats. Threats of rising prices. Threats of lawsuits. Threats of copy-protected CDs.
The market solution to the facts is already in the pipeline. Many have proposed the idea of taxing people for unlimited access to the industry's wares and in fact schemes like Yahoo's Music Unlimited work just that way. Pay the "tax" (which starts at $5/month but could go up subject to negotiations with the industry) and download all you want. No need to hoard. Stop paying and all your files magically disappear. (The genie is found in Microsoft's DRM.)
More on the jump.


As the U.S. Senate prepares to take up the nuclear option, as the U.S. steps gingerly toward a trade confrontation with China, as pensions and real estate hang as if on a precipice, I'm not worried.
My saintly wife will tell you how I do sometimes rant-and-rail, about this-or-that, how I promise to pull up stakes and move to, say, South Africa. But I never do. Because at the end of the day, I believe, we'll muddle through. Americans have seen worse and gotten by, I tell myself. The system is resilient. This too shall pass.
Not necessarily. I have spent the last few weeks reading Salman Rushdie's most recent masterwork, The Ground Beneath Her Feet. The Earth is constantly shaking, people are always dying, nothing is permanent in this book. Everything and everyone around the narrator is subject to sudden disaster and destruction. The survivor's job is to witness, then tell the tale.
In many ways 9-11 was a visit from Rushdie World. Rushdie himself had moved to New York by then, trading in his beloved Tottenham Hotspur for a New York Yankee cap. And the tragedy is a sub-text to the book. It can happen here. It does. It will. Think of it as evolution in action. Too many people are just no darned good. Their greed, their causes, their passions make them all like nitroglycerin. And the Earth itself is no better.
Yet Rushdie is still here. And I'm still here. And you're still here. For how long we can't know. And we all seem fairly prosperous. Those with talent, and those who are willing to change themselves, may witness more, may survive longer, and may (like Rushdie) leave a mark.


Now that high-tech corporations are being held up (by smaller companies) there's a move afoot to reform the patent system.
Here is a simpler proposal, one in keeping with the intent of the Founders.
Continue reading "Patently Obvious Patent and Copyright Reform"


There's a reason why journalists should be paid, one that people like Fuad Kircaali ignore at their peril.
Corruption. Another word for it is payola. (The illustration is actually the cover of an album by the eponymous German band. Rock on, jungen und madchen.)
If you're a "volunteer" (unpaid) editor at a Sys-Con publication, and a vendor offers you money to spin a story their way, what's the risk in your taking it? Sure, if the boss finds out you might lose your job. But you're not being paid. And this assumes that you're being closely monitored -- the quid pro quo of being a volunteer editor is generally that you're not.
On the other hand, if you're a working journalist and your income (thus your family) is dependent on pleasing the publisher, we have a different calculus. Now a vendor approaches you with an offer and you see a risk in taking it. Not only will you surely lose this job, but you're likely to lose all hope of future employment. (If you're a volunteer editor your employment is not in journalism, remember.)
You can only hold professional journalists to journalistic ethics. Publishers who don't pay editors hand their good name to people beyond their control.
Where does blogging fit into this?


I will be in Nashville this weekend, attending the meeting of the Media Bloggers Association. (The image is from a cool Brazilian blog I found, apparently written by a 16-year old.)
Before I could pack, leader Robert Cox sent me a list of new applicants for membership. Given the fact I felt my own journalistic credentials were under a microscope for months, waiting for his yea-or-nay (turned out I was lost in the shuffle) and given my own recent mistakes here, I was loathe to pass on the qualifications of others.
Generally, my opinion in the past was that the market decided who should be a journalist, and who was "just" a blogger. But that may not be right. After all, bloggers can go on-and-on until they exhaust themselves, and much journalism is subsidized by politicians, so that the requirement to lie becomes a lifestyle, and the liars become institutions whose credentials no one can question. Robert Novak is a journalist only because he's paid to play one on TV.
But then came news from Reporters Without Borders that 53 journalists died last year trying to report the news. That's paid journalists, real journalists, reporters, editors and publishers.


Norman Ornstein has made a career out of giving good quotes. (The picture is from his agent.)
But the danger is like that identified every week by Mythbusters. Don't try this at home. We're what you call experts.
The problem is that the press defines any provocative statement as a "good quote," but those made by experts like Ornstein merely place context in the obvious. In reaching for a good quote, you can easily reopen old wounds, start new controversies, and make yourself foolish at the same time.
Exhibit A. James Governor of Red Monk decided to re-open the (rapidly closing) question of the GPL's legality in order to get into a local magazine, and to suck-up to a potential client, Fortinet.
There's nothing about this "point" on Governor's blog, and Red Monk has issued no press release, although the point is highly provocative. In fact, Governor advertises his willingness to mouth off. "Need a quick reaction to a breaking story? A detailed explanation of the signficance of a recent merger? Whatever your needs, feel free to contact us."
Fine, if you're not just going to throw bombs. And here's where I get in trouble...


The success of Google has been based on the fact that technology drives its train. Technical success is the most-sought value.
This is becoming a problem.
In many of the new businesses Google has launched, technical values (while important) are not going to be the sole drivers of success. In blogging, in RSS, in Google News, in Google Desktop, in Google Local, and in other areas, other skills are required.
Business skills. Marketing schools. Journalism skills. Political skills. Artistic skills.
Leonardo DaVinci (celebrated above) could not get a job at Google today. In a well-rounded company, his genius would find a place.
The need for these various skills will only increase with time. Google must find a way to recruit these skills, and to reward these skills, without giving the people with these skills control of the company.
This will not be easy.
Continue reading "The Crisis at Google (and how to solve it)"


The following will seem to contradict the item below it.
It does not. (That's the late, great Burt Lancaster and the still-breathing Tony Curtis in The Sweet Smell of Success, courtesy New Yorker music critic Alex Ross.)
The secret to success in every field is found in the skills of the journalist.
Whatever you wish to be -- a scientist, an artist, an entrepreneur, a preacher, an economist, a politician -- you will go further if you have a journalist's basic tool set.
Research thoroughly. Ask good questions. Listen carefully. Write clearly. Explain simply.
These are the skills of journalism. You can pick them up in a few college courses. Some are even taught in journalism schools. Most are learned in the School of Hard Knocks.
The rest of what passes for journalism education is bunk. So learn rhetoric, learn public speaking, learn writing, read as widely as you can. That's what newspapers and TV stations are looking for. They know they can teach the rest of the skill set on-the-fly. Most journalists never went to j-school.
How do I know this is true?


Want a career in the exciting, fast-paced world of 21st century journalism?
Don't go to journalism school. You can learn to write anywhere. The way to write better is to practice. If you love writing you can pick up the rest on-the-fly.
Instead, go to business school. Why? Because the only way you're going to have a good career in this business is to have the skills of a publisher. And those are the skills taught in business school.
In my first lecture at Northwestern's Medill School of Journalism, in 1977, we were told firmly that if you wanted to make a good living there was a fine businesss school on campus, the Kellogg School, and we should go there. So I've got their logo at the top of this item. I should have taken the advice.
More on why you should go to business school to learn journalism after the break.


I have written before about advertising being inserted into RSS feeds, and that is increasing. (Image from Case Western Reserve.)
I'm not just talking about RSS items that are in fact links to ad pages, but RSS items that, while containing links to stories, have additional ads inserted into them.
Now there's another, far more dangerous abuse of the RSS system, phony links.
Phony Links are RSS items from registration-only sites. Most U.S. newspapers are now requiring registration. RSS feeds from these sites now go to sign-in pages, not to the stories themselves. In other words the link is a bait-and-switch. It doesn't go to content, but to a sales pitch.
The AP is abetting that requirement by demanding royalties for online content.


A Cachelogic study claims two-thirds of Internet traffic is now P2P, by implication the trading of copyrighted files. (That's a Cachelogic product there to the left.)
But is this just another Marty Rimm study?
Rimm, you may or may not remember, wrote a paper at Georgetown Law in 1995 claiming 85% of Web traffic was dirty pictures. This was later disproved, but the damage was done and Congress passed the ill-fated Communications Decency Act.
Mike Godwin, the former EFF counsel who fought the Rimm study and is now senior counsel at Public Knowledge, remains skeptical, noting that the Cachelogic study hasn't gone through peer review. He also notes that, since Cachelogic sells systems to control P2P traffic, it has a natural bias.
The Cachelogic claims may have logic behind them, however. Many ISPs do report that over half their traffic is on ports commonly used by P2P applications. Brett Glass of Lariat.Net, near the University of Wyoming, says the claim seems accurate, noting that unless ISPs cut-back capacity to those ports (a process called P2P Mitigation), the applications quickly discover the fat pipe and divert everyone's traffic to it, filling it at the cost of thousands per month.
And that is at the heart of the problem.


One problem journalists have with blogging is it does away with gatekeepers.
Printers are gatekeepers. They cost money and make you think before you publish.
Editors are gatekeepers. That's their job. They assign stories and edit them carefully so you don't mispel words.
Publishers are also gatekeepers. Traditionally their role has been to shield the poor, innocent journalist from the nasty world of business.
Mark Glaser of OJR examined this today without reaching any conclusions (as good journalists are taught to do). (The recent picture of Nick Denton is from the OJR story.)
Glaser interviewed three people whose blogging companies seem to be bringing in bucks -- Denton (of Gawker, Wonkette, etc.), Jason Calacanis (of Weblogsinc) , and Rafat Ali (of Paid Content) -- about how they pay people who work for them.
By the month, said Calacanis. By the story, said Ali. By the reader, said Denton.
Shock! Shock and dismay, responded the folks at Slate and Salon, representing the traditional industry.
To which I respond, huh?


It's beginning to look like the SCO-IBM case won't make it to the finish line, an end to discovery and summary judgement.
SCO's sponsors are blowing up. Literally.

Maureen O'Gara (left), whose name is like fingers rubbing a balloon to most in the open source community, and is regularly accused by them of being an SCO shill, reported last month that both Ray Noorda's daughter and another executive with Canopy Group, SCO's largest owner, committed suicide.
More telling, perhaps, was her reference to SCO itself, a company she has regularly defended on teleconferences. She called it "the infamous SCO Group."
When your shark-jumper jumps ship, who's left?
The real news from last month is that Canopy's position in SCO has transferred to former Canopy CEO Ralph Yarro, who chairs the SCO board. When the former VC leaves his firm and becomes your CEO, you've got no net below you and (most likely) no new money coming in the door.
SCO could use new money, because when it finally delivered its financial results for fiscal 2004 (on April Fool's Day no less) it had a net loss of $23.3 million on revenue of $42.8 million, against profits of $5.4 million and $79.2 million in revenue. Why? Because sales of licenses to Linux users totaled just $809,000, down from $25.8 million in 2003.
How can this be bad news for open source?
Simple. If SCO fails to make it to the end of discovery, the judge in the case can't set a precedent that will keep others from trying the same con.


The great struggle of our time, between "major media journalism" and "blogging" involves who sets the agenda.
Exhibit A. I've been writing about the economic threat of India and China for years now. I've called the War on Terror a mere distraction from the real game. I know other bloggers have done the same.
But suddenly, wonder of wonders, Thomas Friedman of The New York Times goes to Bangalore, discovers we're right and now it's on everyone's radar.
I've written before here of the methods by which the major media is trying to co-opt the blogosphere and eliminate the threat. They're taking on some people, attacking others, and in this case, just taking others' ideas and claiming them for their own.


The cost of making something good is directly proportional to the complexity of the tools needed to create it. (The picture is from Freeadvice.com.)
This blog item is quite good. The tools needed to create words are very cheap. Even if the tools were more expensive, as they were when I began writing, my cost to create this text would not go up much. And the likelihood of its being of high quality would be just as high.
If I read this on the radio it would not be as good. The tools needed to create a Podcast require knowledge of radio or music production values. Even if Podcasts were as cheap to make as blog items, the proportion of good ones would be smaller than they are for blog items.
And so we come to the latest moves by Microsoft and Sony to deliver consumer video.



The real Hardball isn't the game show on MSNBC, where politicians lie and yap at one another.
It's something far more serious, played every day, by huge corporations that masquerade as guardians of the public interest, but are in fact as corrupt as the rest of us. (That's LA Times founder Harrison Gray Otis on the right. More about Harry Otis here, near the bottom of the page. I direct David Shaw's attention to the quote from Theodore Roosevelt.)
The prerogatives of these corporations and their hirelings, who call themselves journalists (then deny this status to you and me) is under threat on this medium as never before. They're scared, and they're playing Hardball.
Their right, earned by corporate might, to define what is and what isn't news, what is and what isn't fair comment, is under threat, right here, right now.
And they don't like it one bit.
The game is being played mainly on three search engines. On MSN note how these corporations are given, not dominance, but exclusivity. The same is true on Yahoo. Note the list of "resources" at the top-right of the Yahoo page. Note too the prominence given one outfit's stories, the newspaper co-op called AP.
In both cases what you see on your screen is the result of business negotiation. News value is determined by people, meeting in rooms, and (perhaps) money changes hands (we're not told).
Is this fair? It may well be. It's certainly business as usual. And -- here is the key point -- the process is completely opaque.
On the other hand, we have Google News. What you see here looks similar but it is, in fact, quite different. While the stories of the giants do get prominent play, so do other organizations, and other types of news coverage.
At 11:15 AM for instance I checked Google's "coverage" of Laura Bush's trip to Afghanistan, sorted by relevance. Position four was held by a right-wing group, the Conservative Voice. Position seven was held by a left-wing site, Counter Currents, posting a blog item from Counterpunch.
The results on all stories change moment-to-moment, and only a small part of what we call the blogosphere is represented, but the fact is that Google News is offering a far wider set of sources than its rivals. These include "official" outlets like Voice of America and Pravda. They include newspaper sites requiring registration. They also include many sites from outside the U.S.
In some cases, they even include blogs. Yes, even this one.
But that's not the full extent of Google's challenge to the news industry.


The demonization of Google has begun. (Image from InternetWeekly.org.)
It's one of the great laws of politics. As soon as people decide you have power, and you can be moved, everyone and his auntie is going to try and move you.
I hinted that something might be happening more than a month ago, but it was probably the controversy over Google News that tipped it over.
With Google News, from the very beginning, Google did something it claimed it wasn’t doing. That is, it exercised editorial judgement. As SearchEngine Journal noted, “While an algorithm based on publishing popularity chooses which articles are found under which keyword phrases, the news-authority sources themselves are supposed to be pre-screened by a human.” And some immediately started writing programs to see what those humans might be doing.
But just as I was objecting, wanting to get in, others were objecting wanting to stay out. Agence France-Presse has won an agreement from Google that News won’t even spider stories sent to its affiliates, while Jeff Jarvis is crowing that Google News no longer spiders “hate sites.”
And now the atmosphere of controversy has spilled into the main site. French law demands that ads for competitors not be placed against trademarks. Google complies, on its French site, but continues to employ them on its U.S. site, where the standard is different. So the French sue.