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If TiVo really wants to fill the gap caused by ad-skipping, they should create interactive ads that viewers can poke and prod.

Sadly, Paul Verhoeven holds the patent on that one.

• US 6,836.799: Method and apparatus for tracking user profile and habits on a global network
  
• US 6,643,692: Method for controlling a computer using an embedded unique code in the content of video tape media
  

Tivo, struggling to keep customers and inch towards profitability as execs step down, has continued to shift focus from pure PVR functionality towards digital convergence.

I'm not sure Digital Convergence is the model Tivo should follow. Although I suppose it'll be alright, eventually, now that their primary product has entered the realm of open-source tinkering.

Oh, you mean the failure to capitalize Digital Convergence wasn't an editorial accident? Oops.

Tivo, struggling to keep customers and inch towards profitability as execs step down, has continued to shift focus from pure PVR functionality towards digital convergence.

I'm not sure Digital Convergence is the model Tivo should follow. Although I suppose it'll be alright, eventually, now that their primary product has entered the realm of open-source tinkering.

Oh, you mean the failure to capitalize Digital Convergence wasn't an editorial accident? Oops.

Don't forget how well the Cuecat did for digital convergence! -- Oh wait.

Rumor has it executives from Digital::Convergence have been meeting with Bush administration officials. Could a proposal to re-activate the 'Cat' as a mechanism for tracking every taxpayer be in the works? Imagine a government and big business ploy to track every consumer/taxpayer with a barcode on their physical person!

Certainly barcoding each tax return would be nonunique; with a social security number uniquely identifying a filer. Could a more intrusive human barcode be in the works? In 1999, the USPTO issued a patent for an invisible human barcode. Armed with millions of CueCats, tax men and merchants worldwide could track the movement of money (and people!).

According to MoveOn.org (and posts on AlGoreDemocrats.org), Michael Moore has been circulating a draft of a script to follow Sicko (currently in the works about the US medical system) called 'Beep This' which exposes the Bush administration's bar code plans with Digital Convergence. Rumor has it part of Microsoft's DoJ settlement with the Clinton Justice Dept. involved Microsoft's endorsement of bar coding plans already under consideration. Of course, Kerry's big business connections (including campaign contributions from major chinese barcode manufacturers) doesn't look good either.

Yeah...scanning a bar code for a website is a great idea. Wish I would have thought of that.

1. Steal someone's unsuccessful idea
2. ???
3. Profit?

Probably not...

assigning an email address of fake@name.com to the guy with the website fake.name.com

Yea, but how do I scan it in with my CueCat?

And I wondered what DigitalConvergence was up to these days...

If you have a Cue Cat, save it. The patents and technology created by DigitalConvergence will again be available for business and consumer use.

The Cat will rise again! :C!

It is certainly very positive that some companies are willing to put their money where their mouth is but I think a lot will depend on the return of this current investment.

Hear, hear! All I have to say is CueCat!

And the camera takes an ungodly ammount of power - something like 0.3A (=0.9W) when idle... and that's without the flash, which I'm sure is much more!

One thing I noticed is that the camera's on-off switch is actually a momentary switch. This implies that there's some circuit watching that switch for a status change. I'm not up on analog circuitry -- anything beyond 1's and 0's seems like black magic to me sometimes -- but doesn't that mean that there's a non-zero current draw on the batteries, even while the camera sits unopened on the shelf?

Myself, I've got all the parts and I'm looking forward to building my interface this weekend. I bought my Dakota at Ritz the day of the original Slashdot article, in anticipation of its successful hacking.

I've got a CueCat (sorry, :CueCat) curled up somewhere at home, too.

According to a Mercury News story , the camera is nearly unhackable through its proprietary interface (aha! those wily hackers will never figure this one out!).

"Hackers will have a hard time making Dakota Digital cameras reusable at home. The cameras have a special plug, so you can't use any standard computer cable for connecting to a personal computer. Also, you can't erase more than one picture and the images are stored in a raw format that won't be recognized by photo-editing software."

Really... how many times does it take for stupid marketers to learn security by obscurity doesn't work?

*scoove*

I'm still waiting to see all kind of products "connected" to the internet using CueCat :) According to theirpage, you can keep on waiting:
If you have a Cue Cat, save it. The patents and technology created by DigitalConvergence will again be available for business and consumer use.

You might mean the CueHack, a program for those free :CueCats we bummed off RadioShack. CueJack was previously reported on Slashdot a coupla years ago.

The same thing is happening today. I'm here to tell you that the bar code's days are numbered.

When DigitalConvergence 's CEO and entrepreneur extraordinaire J. Jovan Philyaw hears about this, he'll start making free RFID scanners (CueDogs?) before you know it.

The same thing is happening today. I'm here to tell you that the bar code's days are numbered.

When DigitalConvergence 's CEO and entrepreneur extraordinaire J. Jovan Philyaw hears about this, he'll start making free RFID scanners (CueDogs?) before you know it.

Prior to founding Digital:Convergence, Jovan was host and executive producer of " Net Talk Live!," an international radio and television show broadcast live over the Internet. Begun in 1995 under Jovan's guidance, the show now reaches an audience of millions around the world.

J. Hutton has created many "first". One notable being the first syndicated television program in the world to combine simultaneous broadcast via Television, Radio and the Internet. His highly rated, award winning and acclaimed program, Net Talk Live!, which broadcast a record 245 original episodes, created a network of over 700 TV stations

Too bad the Cue::Cat makers are no longer in business. Good idea, bad timing I suppose.

Every now and then I like to get the latest news about how CueCat is taking over the world. For example, recent Digital Convergence press releases reveal the following juicy tidbits:

• Adoption of CueCat technology in the catalog for ClassOne Orthodontics of Lubbock, Texas, maker of the world's widest range of ceramic dental brackets.
• "New Jersey Bride will be the first bridal publication to include :CRQ print-to-Web technology" That's what I call a major business coup right there.
• "With its January/February edition, Connecticut Traveler magazine became the first consumer travel magazine to include :CRQ print-to-Web technology" I'm sure we'll all be anxiously checking our mailboxes for the next issue of Connecticut Traveler!

(Follow the link above if you think I made these up.)

Good to see that $100 million in startup funding for Digital Convergence is paying off in spades!

Effective access control? Hee hee hee... well now, that in itself is open to debate isn't it?

No, it isn't. RTFA:

17 U.S.C., 1201. (a)(3)(B) A technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

As I posted in a previous article, whereas most /.ers take "effectively" to mean "in an effective way", the law is written so that it means "for all practical purposes" (thank you, dictionary.com). This means that if someone uses even the simplest of access controls, like base-64 + XOR, it "effectively controls access", even if that access control becomes widely known.

Hey, I've been doing my part all evening to spam investment boards about the upcoming Digital Convergence IPO. The more the merrier, though! Bust in! Here's a sample:

Digital Convergence (DGTL) recently filed plans for an IPO. This company gives out free barcode scanners (called "CutCat") and accompanying software. The idea is that you can scan things and their software will pull up an appropriate web page in your browser. On the side, they can collect demographic data. For example, they could determine which gender and age group most often scans a certain type of product.

I think this is a horrible company, a must avoid stock for the following reasons:

• DGTL gives away CueCat barcode scanners and software, hoping to get money from advertisers and publications. The problem is that their software is inessential: it took folks a matter of hours to write substitute software that reads a barcode without contacting DGTL. So at the key step where they're supposed to cash in, they're completely cut out of the loop! Whoops!
• Apparently realizing the enormity of their error, DC has been sending vague, threatening letters to people already distributing alternate software. Unfortunately, these letters appear to be legal bluffs. Decoding software is available on dozens of sites and appears to have no real legal strings attached.
• A clearly disconcerted president of the technology group at DGTL fired off a letter showing gross misunderstanding of intellectual property law-- upon which the health of the company critically depends. (Or would depend, were the IP law favorable to their cause-- which it isn't.)
• These threatening letters have incensed the open source community-- a group well-qualified to undermine DC's business model by providing alternate software to drive the CueCat, shutting of DC's revenue.
• The product raises privacy concerns. You register with DGTL and then every time you scan something, they know it. Apparently DGTL has given assurances about privacy. Then again, they left their entire customer database unguarded for hackers to take. Read their own toned down account. (DGTL has also touted the scanner's "built in encryption", which turned out to consist of XORing each byte with the letter 'C'. I fear these some of the stupidest people ever put on God's Good Earth.)
• A key asset that DGTL hopes to develop through the barcode scans is a database of demographic data. There's a problem, however: Digital Convergence has a lot of enemies now. It would be a simple matter for ONE PERSON write a little program that sends fake scans with fake user IDs to DGTLs servers. This could permanently corrupt the demographic database, making it worthless, because-- quite possibly-- there could be no way to distinguish real scans from fakes after the fact.
• Just as the company's fundamental business model has fallen under shadow, they file for an IPO. Avoid, avoid, avoid.

These are just my opinions, of course. I did my best to get the facts straight, but I'm not perfect. Additional comments on this corporate disaster slouching toward NASDAQ are available at:

• Salon : ...there are a million problems with this concept.
• Linux World: In the end, the :CueCat is a classic example of a broken business model.
• Dr. Dobbs Journal: What ought to scare Digital Convergence more [...] is a database of all CueCat barcodes/URLs, whereby users could go to a specific web page without being tracked.
• Dallas Observer: ...you can simply drag the scanner 600 or 700 times over bar codes printed next to stories and ads, and presto, you get an error message.
• Internet News Radio:The CueCat is starting to look like a mangy stray.

Speaking of their CTO, I wonder if this is the same Doug Davis who used to be ddavis@seas.smu.edu, and ran either the Dallas UUCP feed or managed the .lonestar.org domain.

Yes, it is, and he's also the former CEO of Internet America. He left that position officially January 1 of this year to take the CTO position at DCCI.
;

Indeed, this system would only work if your digital identity was somehow inexorably tied to your person. So here's my proposal. We simply need to force everyone to have their personal CueCat ID tatooed to their body in a visible place, such as in their right hands or their foreheads.

I know what you're thinking - people will simply forge each other's barcodes and get stuff for free. I've thought of this. We just need to pass a law that prevents all people both small and great, rich and poor, free and bond to buy or sell save that they have the mark. Once the importance of the mark has been established, those who create forgeries will simply be punished by death.

I'm sure that there will some who will object to the mark, but once everyone realizes how much easier life will be, I'll think they'll go for it. I'm surprised no one else has thought of this.

• The :CueCat reader is only on loan to you from Digital:Convergence and may be recalled at any time.

People don't necessarily read or click "accept" for GPL licenses, yet it's claimed that they're bound by it.

Previous!
--

On September 6th, I had emailed ceo@digitalconvergence.com and ddavis@digitalconvergence.com requesting information on how to obtain a license and so far no one has gotten back to me. Are the 22 present licensees people that know Davis personally or something? If he wants other to "follow suit" then why doesn't he respond to emails?!

On September 6th, I had emailed ceo@digitalconvergence.com and ddavis@digitalconvergence.com requesting information on how to obtain a license and so far no one has gotten back to me. Are the 22 present licensees people that know Davis personally or something? If he wants other to "follow suit" then why doesn't he respond to emails?!

I posted this earlier and it got eaten. Anyway, here are *TWO* ideas for screwing Digital Convergence:

Idea #1: Digital Convergence just announced an IPO. We can do our part on internet investment discussion boards to make sure that their potential investors are well-informed about this company... every day until the IPO!

• DC gives away hardware and expects revenue from use of its software. However, since its software stinks and is easily replaced, the business model is hosed.
• A recent letter from the president of the technology group at DC shows a total lack of understanding of IP law-- upon which the health of the company critically depends. (Or would depend, were the law favorable to their cause.)
• Apparently realizing the enormity of their error, DC has been sending vague, threatening letters to people who have found uses for CueCat that undermine their business model. Unfortunately, these letters appear to be bluffs.
• These threatening letters have incensed the open source community-- a group well-qualified to undermine DC's business model by providing alternate software to drive the CueCat, shutting of DC's revenue.
• The product raises privacy concerns, particularly in light of the recent hack into Digital Convergence's customer database.
• A key asset that Digital Convergence hopes to develop is a database of demographic data through the barcode scans. However, the true value of this supposed asset is essentially zero, because it can be (and likely will be) easily and irreparably corrupted. (See Idea #2.)
• Just as the company's fundamental business model has come into serious question, they file for an IPO. Could this be a hasty attempt by execs to grab some cash before this leaky ship sinks beneath the waves?

Be sure to relay only FACTS on internet discussion boards-- that will suffice. Of course, wouldn't it be a shame if frank and extensive discussion of these facts cut a few percent off their $100 million IPO?

Idea #2: Since Digital Convergence plans to build a database of demographic data, how about a little program that pulls random items out of the UBC database, encodes them, and ships them off to the DC servers every couple minutes? This would irreparably corrupt their database, making it worthless-- weeding out fake scans would be essentially impossible. If you're worried about legality, print out 10 pages of barcodes for obscure items you'd never own or desire and scan them again and again whenever you have an idly thinking about something else. That way, you're using their product exactly as intended, yet still corrupting their database. What can they do?

• DC gives away hardware and expects revenue from use of its software. However, since its software stinks and is easily replaced, the business model is hosed.
• A recent letter from the president of the technology group at DC shows a total lack of understanding of IP law-- upon which the health of the company critically depends. (Or would depend, were the law favorable to their cause.)
• Apparently realizing the enormity of their error, DC has been sending vague, threatening letters to people who have found uses for CueCat that undermine their business model. Unfortunately, these letters appear to be a bluff.
• These threatening letters have incensed the open source community-- a group well-qualified to undermine DC's business model by providing alternate software to drive the CueCat, shutting of DC's revenue.
• The product raises privacy concerns, particularly in light of the recent hack into Digital Convergence's customer database.
• Just as the company's fundamental business model has come into serious question, they file for an IPO. Could this be a hasty attempt by execs to grab some cash before the ship sinks beneath the waves?

Be sure to relay only FACTS on internet discussion boards-- that will suffice. Of course, wouldn't it be a shame if frank and extensive discussion of these facts spoiled their $100 million IPO?

No. :-)

I am probably short sighted, but I have no real use for a barcode scanner. I got my CueCat in the mail, so I went to the Digital Convergence Contact site, entered my information, and politely told them that I didn't agree with their EULA, and asked them to provide me with a shipping container and postage so I could return the scanner to them...

...I haven't heard from them yet

I wrote a little editorial about this subject on my website www.exceptionalminds.com/rhacer/s oap box

Stand Fast,

dmp

I'm sorry, but you are incorrect. Digital Convergence's own press release states, "Digital:Convergence Deploys Millions of :CueCat Devices and :CRQ Software Free to American Consumers." Just because Wired/Forbes/Delta sponsored the mailing really doesn't matter, Digital:Convergence is responsible for distributing them.

If you are sick of this story, then don't read the story or post comments about it.

dmp

Information may be changed or updated without notice. Digital:Convergence may also make improvements and/or changes in the products and/or described in this information at any time without notice.

If you trust them to have your best interests in mind, go ahead. They are a company. Their responsibility is to their investors, which generally is to maximize their investment. Preserving your rights is not necessarily part of their buisness plan, and if it is included in there, it can just as easily be removed.

Opt-Out Announcements and Notifications
For our members' benefit, we offer the ability to opt-out. Just say "No" to any offers we send you. At any time, you may request to be removed from Digital:Convergence's database and we will honor such a request

Copyright exists from the moment something is written in tangible form, including computer files. So, the answer to your question is 'yes'.

That said, I don't think that copyright covers the technology. It would be better protected by trade secrets or patents. Patents would have to be published, however, disclosing the technology. Has anybody sniffed around the patent databases yet looking for these watermarking systems? As for trade secrets, well, Digital Convergence can probably tell you how well that's working.


...phil

DC seems to have realized the potential liability you just implied, and has sent email to every registered luser offering them a $10 RadioShack gift certificate to make it up to them. Probably, most of their normal users will take the offer.

What's their cost per user now? How many clickthroughs (scanthroughs?) do they need before it starts to pay back? Their financial statement for FY 2000 is looking redder and redder. Digital Convergence, meet fuckedcompany.com!

Press Release

Not much in the way of details.

check out the cuecat.com webpage by digital convergence:

they say: "We've made it super easy to get your new :CRQ system, including the :CueCat reader, absolutely FREE"

Even Digital Convergence's own page says "Digital:Convergence will distribute more than 10 million of its new :CueCat(TM) devices and :CRQ(TM) software free to consumers by the end of this year."

Even more interesting is who runs Digital Convergence (see link above): "The company's management team includes a roster of industry veterans from Time Warner, AT&T, GE, ING Barings and Disney."

It would seem that they're not idiots. They're just dumb

-V

Okay, I won't pretend that statement makes any recognizable sense, but I'd like to read the article that it ALLUDES to. Cracked? When? How? By whom? I'd like to read an article about it, not a passing mention. Where's the story?

So there is a story:
http://www.digitalconvergence.com /news/index.html

Riiightt... so, now not only can't I reverse engineer the software under thier "agreement", I have to dob in anyone I find out that is reverse engineering it?

hmmm, better stop reading slashdot, I guess MS, RIAA and the MPAA were right. You are all the spawn of Satan. Lucky the big companies are here to protect me and my children (please, won't you think of the children?).

But this does bring up an interesting topic. Does anyone know of any court cases dealing with license agreement enforcement?

Many of us often regard the License Agreement as "the thing before the install" and just click "Accept" so we can get on with our lives. But, after accepting the agreement, has anybody ever fought it in court and won? In a more relevant case, has anybody ever fought the enforcement of a license agreement they never agreed to?

In the case of the :CueCat, I wonder if DC couldn't argue "implied agreement", that by accepting their hardware, you are accepting their terms. Especially relevant is the idea of both the hardware and software being part of a single package. Just because it didn't arrive in one box doesn't mean they aren't lumped together. In that case, the notification of the existence of a license agreement would be sufficient to cover both pieces. That notification appears on the sleeve for the :CueCat software CD:

Opening this software constitutes acceptance of our License terms contained herein. Copies can also be found at www.digitalconvergence.com/ula.html.

Now, I don't agree with these tactics at all, but I would like to understand just how these things work. I've been in software for a mere 7 years now and have yet to hear anything solid on the validity and enforcibility of license agreements.

If the output of the cuecat contain information that is copyrightable then, reverse engeering it could be legal. Let's look at the ula:

"... [The] CueCat reader contain trade secrets and other proprietary information of Digital:Convergence and its licensors"

Does the output of the CueCat contain proprietary information and/or copyrighted information?

But like you said, is the serial number infomation copyrightable? I would have to find out more information about the output of the cuecat. I bet you "something" in the output is copyrighted. Heck if they put "CueCat" in the output somewhere, that would be copyrightable, and therefor protected under the DMCA!!! Scary...

The ula states that, in more or less words everything about the cuecat is copyrighted,here it is:

Copyright
:CRQ and :CueCat are trademarks of DigitalConvergence.:com Inc.
Copyright 1999-2000 DigitalConvergence.:com Inc. All rights reserved.

MarNuke

Actually, according to their EULA, they claim that they're only loaning the CueCat to you, therefore, it's their property and they can control how you use it.

Counter-examples abound... renters can't completely control how you use their apartment... bankers can't completely control how you use their money they loan to you.
--

If there is patent infringement, what is the patent number?

Not that it isn't pretty shitty, what they're trying to pull and get us to believe.

--

check out this page from their website: That pretty much says it all, so essentially, yes, they ARE evil :-)

"DigitalDemographics is a wholly owned subsidiary of Digital:Convergence. It is responsible for the creation and analysis of the largest consumer database which provides the unique combination of web tracking with all forms of media. With aggregated data from broadcasters, publishers, and educators our licensees will always be on the cutting edge of information marketing"

Digital:convergence and its suppliers shall not be liable for any indirect, special, punitive, consequential, or incidental damages including, without limitation, lost profits or revenues . . .arising out of the use or inability to use this Website or any DigitalConvergence product or service.

Hackers, eh? Check out thier Press page:
"... Working in conjunction with industry-leading partners such A. H. Belo Corporation, RadioShack, NBC and Forbes magazine, Digital:Convergence's innovative technology allows broadcasters, publishers and manufacturers to instantly bridge their content or products to the Internet. The company's management team includes a roster of industry veterans from Time Warner, Hearst Corporation, AT&T, GE and ING Barings."

and this is where they think they have a legal leg:

:CRQ is a free-to-consumer software that interacts with any form of broadcasting and print media through cue coding.

Cue is a coding method for media that allows any form of broadcasting and print media to remotely control a computer by instantly driving a Web browser to relevant content.

:CueCat (Keystroke Automation Technology) is a free-to-consumer hand-held device that is attached to the computer and "reads" Digital:Convergence Corporation's proprietary codes and all known existing product codes to "interactivate" a cue.
(Bold emphasis mine) The DCMA strikes again - thier proprietary codes are their IP. I've never use a cuecat, so does anyone know if there's a EULA attached to the critter?

Notice that on the second page of the letter from KENYON & KENYON they cc: a certain John Huncke, Digital:Convergence Executive Vice President of Business Affairs. From checking his bio linked above, you can see that he previously was an attorney for various media corporations and "a clerk at The Rose Law Firm in Little Rock, Arkansas during Hillary Clinton's tenure", which should tell you a lot about his outlook towards intellectual property and innovation.

I find it rather troubling to hear that DC is threatening legal action against people who use its product (the CueCat) under Linux by writing their own software to interface with it. Perhaps you could explain to your customers why you choose to threaten them, without the cloak of legal doubletalk. All in all, this is definitely a great way to stir up support for your product on the Net. I'll be sure to throw away my CueCat as soon as I get home from work, and tell my friends to do the same.

This email address should also work.

I just dropped a note at their website. Maybe you should too.

Share and Enjoy

This page says that you "get your new :CRQ system including the :CueCat reader free". This would seem to me that these things become your property when they are delivered. The licensing agreement states that it is on loan from them and may be recalled at any time.

I can't see how they could use the DMCA to defend their claims. The DMCA protects against access to copyrighted works without the authority of the copyright holders. So unless the majority of barcodes are copyrighted and permission to read these barcodes is restricted to the :CRQ software, I can't see how it is relevant. They may be encrypting the output of these bar code readers, but they don't own the copyright on the bar code contents.