Digging Copyright Infringement?


Today’s excitement at Digg regarding posting codes to override copyright protection on HD DVDs, combined with the pending Google v Viacom showdown, may be referenced for some time to come as the “starting date” of the online revolution against old notions about copyright and intellectual property.

My take on this is, as usual, unusual in that I think two things that everybody is arguing about are actually very clear:

1) Based on existing law, YouTube and DIGG have an obligation to remove offending materials, and probably are in violation themselves for posting those materials, basically ignoring the rights of the copyright holders in favor of community enthusiasm for the coming IP revolution.

2) Existing law is outmoded (perhaps more accurately it should be considered irrelevant and unenforceable, and won’t stand much longer without significant modifications.

Diggers, YouTubers, and other online enthusiasts seem to think that becuase 2 is true, 1 is not true. That’s silly. law is law, and these are violations and everybody knows it. The copyright laws are not outrageous or fundamentally unfair in their *intentions*, and thus they’ll continue to hold up in the courts until we see new laws enacted that are relevant, enforceable, and in line with new sensibilities about what constitutes fair use.

Personally, I’d like to see more experimentation with dramatic expansion of the principle of “fair use” to basically include all non-commercial uses. We see this principle in play in the open source community and even at Google, Yahoo and MSN with many of their web innovations. This openness has arguably done more to foster creativity than any proprietary projects could ever do. Examples: Linux and Firefox to name two of thousands of brilliant and innovative projects that thrive, unencumbered by most old fashioned copyright restrictions.

So, what needs to change here? The law, and thus it’s up to congress to enact new rules that make more sense. Perhaps these could be as simple as suggesting that the commercial benefits of programs and music and other creative stuff should be controlled by the creator of those programs, but that the *societal benefits* should be considered part of the obligation of any artist or creator to contribute to society at large.

Myspace is better than sex


Bob at Tech Consumer is noting the recent article in the Economist suggesting that Social Networks are about to dethrone “sex” as the top item of internet interest. The interesting graph notes that where sex stuff is becoming a smaller fraction of the total internet searches, social networking items are moving higher and higher.

In one sense this is a bit misleading. One of the key drivers of social networking is “dating” and meeting people, so it’s fair to say that what we might call “primal urges” are still the top search theme online. But it’s probably encouraging that the porn economy is growing *less fast* than the social online economy, which continues to explode. (Porn segment is growing but not as fast as the social economy segment of online traffic – and also probably economic – activity).

What’s going on with this? It’s really not surprising at all that socializing online is a very powerful part of the online experience. The internet is about people more than it’s about technology, and people tend to be very interested in …. other people.

Microsoft LIVEs!


Paul Graham is ridiculously suggesting that “Microsoft is Dead“.

I remember back in the 90’s when many where suggesting how IBM was dead, and how obvious it was that the Apples and Microsofts and clever upstarts would make IBM obsolete.

As this chart shows IBM has thrived since that time, and though they hardly make the news much anymore it’s very important to note that IBM is a bigger company (measured by capitalization) than the following “big winners”: Google, Apple, Yahoo.

Also notable is the fact that what is probably the best search algorithm in the world belongs to … IBM. It’s called “WebFountain”. It’s not scalable and therefore not an alternative to Google at this time, but one can’t even count IBM out of the *search wars*, let alone Microsoft.

Microsoft isn’t dead. Not even close. Of course it is suffering from the inertia that naturally springs from huge success and dominance, but like IBM it will find new markets, new niches, and will benefit (eventually) from the innovations of it’s competitors as they were able to benefit – hugely – from Microsoft innovations (e.g. free internet browser software on all PCs).

Don Dodge corrects the foolishness, and Tony is right to suggest that MS has plenty of life left.

It’s even possible that Microsoft will win the big game. With the LIVE project, Microsoft’s neural network approach to search may be more advanced than Google’s and although search result quality continues to lag Google’s by a notch it’s simply not clear how search will evolve over the next few years.

WordPress blog = open ID. Brilliant!


Matt M, Simon, and the WordPress gang strike again with a simple yet extremely intuitive and useful solution to OpenID challenges. They are allowing WP blogs to pass ID info to other applications. For the WordPress gang I guess it’s just another day at the office but this really is a great development that will help a lot of folks who don’t want to hear about standards and technical issues and just want a simple solution to online ID issues. Other applications are doing this as well, which will make the OpenID transition a lot easier.

This seems so simple compared to the recent developments with Yahoo’s BBAuth and other OpenID approaches – I think these have focused heavily on ways for developers to build on, for example,Yahoo’s ID and bring it into applications. Good, but better to first establish a bunch of simple OpenID implementations for people’s Google, Yahoo, blog info.

I would like Yahoo to just establish a simple system like WP has that allows me to authorize Yahoo to release my Yahoo info to others as I’m doing with the WP solution. (did they do this and I missed it?).

I think we may all be surprised how registrations have been more of a barrier to entry than it would seem they should be by just requiring a few minutes of sign up. It’s a brave new world of short attention spans and attention deficits and as OpenID becomes ubiquitous and easy we can roam the wild online range even more quickly and superficially than before.

OpenID info at Word Press 

USA Today goes social – good for USA Today and good for US


Props to USA Today for going social with their online edition, now complete with blogs, comments profiles, and more.  Here’s the USA Today explanation.

I just set up a profile and it was fairly easy, though it’ll sure be nice when this type of information is portable and one click will sign you up for such things.

Tech folks are currently wrapped up in fairly obscure and/or proprietary issues about how transferable ID information will best move around the web and I hope this gets resolved soon.

Also it’s getting ridiculous to set up a new blog at every Tom, Dick, Harry, and USAToday site you want to post at rather than do what Facebook has done which is allow you to bring your own blog content into Facebook effortlessly. This allows them the benefits of your content without forcing the user to post at several different places.

I should also say that although I’m glad “old” media like USA Today is “getting” the social networks part of the Web 2.0 online revolution, I’m rooting for “pure” online news sites like NewsVine and TechMeme because I think they do a better job of democritizing the news process than legacy media can ever do. In fact I learned about the USA Today changes from Techmeme since I’m not a regular USA Today reader.

Steve Rubel as a nice post about the social networking implications of USA Today’s changes while Matthew Ingram‘s wondering if mom and pop really even care about this stuff.

Sex, lies, videotape, and Wikipedia


Wikipedia‘s latest mini scandal involves an editor “essjay”, real name Ryan Jordan, who faked some academic credentials both in his Wikipedia work and in an interview with New York Magazine. After considerable debate over the issue Jordan has resigned from his (high level) volunteer Wikipedia work and his new, paid position at Wikia.

New York Magazine conspicuously failed to find the deception in their fact checking, leading some critics to suggest this episode is best seen as an example of how mainstream media fails to get the story right even while complaining about internet inaccuracies. Others focus on this as yet another example of how the internet space is filled with deception, even in what is arguably the most authoritative encyclopedia ever developed – Wikipedia. A recent study compared the accuracy of Encyclopedia Britannica to Wikipedia and concluded they were roughly equivalent in accuracy. Wikipedia’s much greater depth of coverage means that it “wins” in my book, and I noted the other day that I have not cracked open any of the volumes of my Encyclopedia Brittanica in years.

Nicholas Carr has a thoughtful post about the mini-wiki-scandal. Unfortunately I think many other onliners reflecting on this the analysis, including founder Jimmy Wales, are talking the point of view of “insiders” who are very sympathetic about the nuances of how online identities and anonymity have become accepted aspects – some would say necessary parts – of the online experience.

Active Wikipedia folks seem to have nothing but glowing praise for Jordan’s substantial contributions to the project and don’t seem very interested in the deception issues, which itself is very interesting since Wikipedia prides itself on seeking unvarnished intellectual integrity. Apparently insiders are allowed quite a bit of varnish? Where will these people draw the lines on truth? A very slippery slope in my opinion, and in general I object to the notion that anonymity serves the community well – on the contrary it’s generally harmful and unnecessary and in cases like this provides detractors with a lot of ammunition to shoot down the idea that the wisdom of crowds is superior to the wisdom of “experts”.

This despite the fact you could suggest that what is remarkable here is that Wikipedia is so very accurate *in spite of* the many deceptions. This suggests that accuracy can spring from the wisdom of the crowds even when that crowd may be engaging – at an individual level – in deceptive behavior.

I think mom, pop, and most outsiders will view this in simpler terms and see it as yet another indication that “the internet can’t be trusted”. This is unfortunate because 1) the right decision was made here – Jordan resigned. 2) Wiki is very authoritative in many areas. Like many onliners I turn first to Wikipedia for many research topics, always cautious about accepting it as the last word but generally pleased at how well it stands up for many topics as a quick and accurate introduction.

I love Wikipedia as an info source but think the “moral” of this story is that the new web ethic – one that suggests it’s fine to practice various forms of personal deception as long as you don’t send spam emails or bother other online insiders, is very misplaced. I strongly get the idea from Wales and others that “being part of the team” is more important than being straightforward. I see this ethic in some of the activity I’ve observed in Silicon Valley as well. As an “insider” at conferences folks will share information about all kinds of deceptive stuff they’ve done online. The extension of these new Web 2.0 ethical standard creates a world of hidden identities, personal deceptions, and many avenues for illegal and unethical online activity.

As for me I’d just like the old conventional handshake and honest talk morality back, and make that ASAP if you please.

Social networks = people, not technologies


The New York Times reports that Cisco has acquired Tribe Networks in what appears to be an effort to become a player in the social networking space.     The article quotes Marc Andreeson of NING, another social network facilitator, suggesting that the social networking biz is harder than it looks and Cisco will have problems.    I agree Cisco will probably fail to do much with this but not for the same reason, but for the opposite.   As with most internet stuff the technology difficulties are much less of a challenge than the social barriers to success.

Even Yahoo and Google – now brilliant masterpieces of technological sophistication – did not start out that way.     Rather they began as fairly modest “websites” with a handful of programming routines  that grew in usefulness, traffic, and complexity to become the internet behemoths they are today.   Sure there’s a lot of amazing technology behind these companies, but I still think there is a sort of “techno bias” that remains pervasive both inside and outside the industy that is both fooling and manipulating people into thinking that success is mostly a function of your technology when it should be clear to all that it’s a function of the way your online environments relate to people, and that in turn is art not science.    Is expensive, complex technology required to create a hugely popular, high traffic website?   Of course NOT.   Myspace and Facebook now use slick stuff, but they didn’t start out that way.   PlentyofFish.com, a hugely popular dating site, still uses a *single* server and very basic technology despite the fact that it competes with big players working on platforms that probably cost 100x that of PlentyofFish’s.

I think the future will be like the past – successful sites will cater to the needs of people and bend the technologies as needed.   Cisco, Ning, and other social networking technology platforms are great but they won’t define things.   People will do that.   People are, after all, what social networking is all about.

My Enhance.com PPC advertising experiment reveals very questionable incoming clicks.


In 2005 I started experimenting with Enhance.com pay per click advertising. I deposited 1500 into an account, set the daily limits low, and directed all traffic to an affiliate travel site I set up for the experiment. RoadTripsUSA.net. I’m now analyzing the results which suggest almost all the activity from enhance was worthless, and some may have been fraudulent. This is especially frustrating because I’d had similar bad experiences with Enhance’s previous incarnation – “ah-ha.com” but thought I’d give the new Enhance a chance.

I can’t be sure yet of anything other than the extremely low return on the $500 spent, but I’ll be posting more over the next few weeks from my logs about the sites that sent traffic.

I just sent this to Enhance Customer Support:

PLEASE ESCALATE THIS IMMEDIATELY or REFUND MY MONEY IMMEDIATELY.

I’ve had no responses to my request to refund the 1500 I invested in Enhance advertising in 2005 as part of an experiment in using PPC to send traffic to a Travel affiliate website I set up for this purpose.

$1000 remains in my account.

I’ve been examining my log files and it appears that most of the clicks I’ve had from Enhance were from very questionable, possibly fraudulent sources. I’m happy to share this information with you.

What is *certain* is that I’ve had effectively no business come in from my $500 investment in Enhance Clicks.

This Washington Post Article
explains the approach taken by “pay to click” schemes. I suspect much of my traffic came from this type of scam, though all that really matters is that the clicks were effectively worthless.

I’d also like your permission to publish your responses to me at my blog: https://joeduck.wordpress.com

Thank you. Please contact me immediately at 800-872-3266 or by email.

Wired buys votes on Digg, Arrington calls for lawsuit?!


This story at Wired Magazine is a fascinating glimpse into manipulating social media.    Mike Arrington isn’t impressed though, and suggests Digg should sue Wired because Wired owns Digg competitor Reddit.com.

I don’t agree, and frankly would love to see hundreds more of these “sting” operations which help everybody understand the challenges facing social media and hopefully will pressure sites to clean up the fraudulent stuff going on.

Mike’s right to point out the conflict of interest issue and everybody in this biz could use a transparency injection, but overall we need *hundreds* of times more investigative “sting operations” to show how problematic things have become with payola of various kinds, PPC, and other online scams like Ringtones.

The best response for Digg is to do an insider investigation and root out the abuses and publish it themselves, not pretend it doesn’t go on as they and Mike appear to be suggesting.   Violation of the DIGG TOS by Wired reporter does NOT mean the study isn’t valid.  These are almost entirely separate issues.

Soon I’m hoping to publish my own expose of PPC scams –  I’m trying to get Enhance.com‘s attention right now about the bogus traffic I’ve been paying for and will soon publish the list of the sites from my logs over the past year. If enough of us did that it would go a long way to help clean things up.

Ringtone Scams are about 99% of that business … so beware!


I  *hate* the ringtones business because it represents so much of what is wrong with the internet and wrong with people.   Here’s one post about some of the millions of problems that plague the Ringtones Scam industry – a very sad excuse for a business enterprise.

However, with Apple jumping in to the Ringtones biz I’m hoping Apple may bring some standards because they don’t seem like a company that would do the Ringtones “business as usual” scam which is to offer what looks like a free ringtone and then hook unsuspecting or stupid teens into  a “contract” that dings their parents cell phone bill indefinitely.

I’m ranting about this after running into a banner I clicked on out of curiousity which led to a “Zoltar Ringtones” scam with the fine print below the fold that, to the extent I could figure out what the heck it was saying, was going to bill me 5.99 per *week* plus other charges.

This is a dispicable industry, and it’s amazing to me that it has not yet been regulated appropriately.    The solution is simple – nobody can enter into these contracts without a *written* signature from the credit card holder.