Domain: scribd.com
Stories and comments across the archive that link to scribd.com.
Stories · 204
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AT&T Patents System To "Fast-Lane" File-Sharing Traffic
An anonymous reader writes Telecom giant AT&T has been awarded a patent for speeding up BitTorrent and other peer-to-peer traffic, and reducing the impact that these transactions have on the speed of its network. Unauthorized file-sharing generates thousands of petabytes of downloads every month, sparking considerable concern among the ISP community due to its detrimental effect on network speeds. AT&T and its Intellectual Property team has targeted the issue in a positive manner, and has appealed for the new patent to create a 'fast lane' for BitTorrent and other file-sharing traffic. As well as developing systems around the caching of local files, the ISP has proposed analyzing BitTorrent traffic to connect high-impact clients to peers who use fewer resources. -
Tracking the Mole Inside Silk Road 2.0
derekmead writes: The arrest of the Silk Road 2.0 leader and subsequent seizure of the site was partially due to the presence of an undercover U.S. Department of Homeland Security agent, who "successfully infiltrated the support staff involved in running the Silk Road 2.0 website," according to the FBI.
Referencing multiple interviews, publicly available information, and parts of the moderator forum shared with me, it appears likely that the suspicions of many involved in Silk Road 2.0 are true: the undercover agent that infiltrated the site was a relatively quiet staff member known as Cirrus. -
Duke: No Mercy For CS 201 Cheaters Who Don't Turn Selves In By Wednesday
theodp writes: The Duke Chronicle published an e-mail reportedly sent to hundreds of Duke students who took Computer Science 201 (Data Structures & Algorithms) last spring, giving those who copied solutions to class problems until Nov. 12th to turn themselves in for cheating. "Students who have violated course policies but do not step forward by November 12, 2014," warns the e-mail, "will not be offered faculty-student resolution and will be referred to the Office of Student Conduct for disciplinary processes without any recommendation for leniency." The Chronicle adds that CS Prof Owen Astrachan, co-director of undergraduate studies, admitted that there is a fine line between collaboration and cheating in computer science — online and in person, although Astrachan made it clear in comments that "Students who copied code from the Internet are in violation of the community standard and course policies." -
Disney Patents a Piracy Free Search Engine
wabrandsma writes with this excerpt from Torrentfreak: Disney has just obtained a patent for a search engine that ranks sites based on various "authenticity" factors. One of the goals of the technology is to filter pirated material from search results while boosting the profile of copyright and trademark holders' websites. A new patent awarded to Disney Enterprises this week describes a search engine through which pirated content is hard to find. Titled "Online content ranking system based on authenticity metric values for web elements," one of the patent's main goals is to prevent pirated movies and other illicit content from ranking well in the search results. According to Disney their patent makes it possible to "enable the filtering of undesirable search results, such as results referencing piracy websites." Disney believes that current search engines are using the wrong approach as they rely on a website's "popularity." This allows site owners to game the system in order to rank higher. "For example, a manipulated page for unauthorized sales of drugs, movies, etc. might be able to obtain a high popularity rating, but what the typical user will want to see is a more authentic page," they explain. Probably not a good place to look for a grey-market copy of Song of the South. -
Microsoft, Ask.com, Oracle Latest To Be Sued Over No-Poach Deal
itwbennett (1594911) writes Oracle, Microsoft and Ask.com are facing suits alleging that they conspired to restrict hiring of staff. The suits appear to refer to a memo that names a large number of companies that allegedly had special arrangements with Google to prevent poaching of staff and was filed as an exhibit on May 17, 2013 in another class action suit over hiring practices. The former employees filing lawsuits against Microsoft, Ask.com and Oracle have asked that the cases be assigned to Judge Koh as there were similarities with the case against Google, Apple and others — and it maybe doesn't hurt that Judge Koh thought the $324.5 million settlement in that case was too low. -
How Lobby Groups Rejected the Canadian Government's Plan To Combat Patent Trolls
An anonymous reader writes Michael Geist reports that according to documents recently obtained under the Access to Information Act, the Canadian government quietly proposed a series of reforms to combat patent trolls including new prohibitions on demand letters, powers to the courts to stop patent forum shopping, and giving competition authorities the ability to deal with patent troll anti-competitive activity. The problem? Business lobby groups warned against the "unintended consequences" of patent reforms. -
How Lobby Groups Rejected the Canadian Government's Plan To Combat Patent Trolls
An anonymous reader writes Michael Geist reports that according to documents recently obtained under the Access to Information Act, the Canadian government quietly proposed a series of reforms to combat patent trolls including new prohibitions on demand letters, powers to the courts to stop patent forum shopping, and giving competition authorities the ability to deal with patent troll anti-competitive activity. The problem? Business lobby groups warned against the "unintended consequences" of patent reforms. -
Why the Public Library Beats Amazon
Nate the greatest writes: The launch of Kindle Unlimited last month has many questioning the value of public libraries, with one pundit on Forbes even going so far as to proclaim that the U.K. could save money by shuttering all its libraries and replacing them with Kindle Unlimited subscriptions. Luckily for libraries, they're safe for now because they still beat Kindle Unlimited and its competitors in at least one category: content you want to read. As several reviewers have noted, Kindle Unlimited is stocked almost entirely with indie titles, with a handful of major titles thrown in. Even Scribd and Oyster only have ebooks from two of the five major U.S. publishers, while U.S. public libraries can offer titles from all five. They might be expensive and you might have to get on a waiting list, but as the Wall Street Journal points out, public libraries are safe because they can still offer a better selection. That is true, but I think the WSJ missed a key point: public libraries beat Amazon because they offer services Amazon cannot, including in-person tech support, internet access, and other basic assistance. The fact of the matter is, you can't use KU, Scribd, or Oyster if you don't know how to use your device, and your local public library is the best place to learn. -
Verizon Throttles Data To "Provide Incentive To Limit Usage"
An anonymous reader writes About a week ago, the Federal Communications Commission (FCC) asked for Verizon's justification on its policy of throttling users who pay for unlimited data usage. "I know of no past Commission statement that would treat 'as reasonable network management' a decision to slow traffic to a user who has paid, after all, for 'unlimited' service," the FCC wrote. In its response, Verizon has indicated that its throttling policy is meant to provide users with an incentive to limit their data usage. The company explained that "a small percentage of the customers on these [unlimited] plans use disproportionately large amounts of data, and, unlike subscribers on usage-based plans, they have no incentive not to do so during times of unusually high demand....our practice is a measured and fair step to ensure that this small group of customers do not disadvantage all others." -
Verizon Throttles Data To "Provide Incentive To Limit Usage"
An anonymous reader writes About a week ago, the Federal Communications Commission (FCC) asked for Verizon's justification on its policy of throttling users who pay for unlimited data usage. "I know of no past Commission statement that would treat 'as reasonable network management' a decision to slow traffic to a user who has paid, after all, for 'unlimited' service," the FCC wrote. In its response, Verizon has indicated that its throttling policy is meant to provide users with an incentive to limit their data usage. The company explained that "a small percentage of the customers on these [unlimited] plans use disproportionately large amounts of data, and, unlike subscribers on usage-based plans, they have no incentive not to do so during times of unusually high demand....our practice is a measured and fair step to ensure that this small group of customers do not disadvantage all others." -
Ex-Autonomy CFO: HP Trying To Hide Truth
jfruh (300774) writes The fallout from HP's Autonomy acquisition keeps getting more dramatic. Autonomy's ex-CFO is trying to block the settlement of lawsuits that arsoe the botched deal, claiming that HP is trying to hide its "own destruction of Autonomy's success after the acquisition." HP hit back, saying the ex-CFO "was one of the chief architects of the massive fraud on HP that precipitated this litigation." -
Journalist Sues NSA For Keeping Keith Alexander's Financial History Secret
Daniel_Stuckey writes Now the NSA has yet another dilemma on its hands: Investigative journalist Jason Leopold is suing the agency for denying him the release of financial disclosure statements attributable to its former director. According to a report by Bloomberg, prospective clients of Alexander's, namely large banks, will be billed $1 million a month for his cyber-consulting services. Recode.net quipped that for an extra million, Alexander would show them the back door (state-installed spyware mechanisms) that the NSA put in consumer routers. -
Sony Agrees To $17.75m Settlement For 2011 PSN Attack
mrspoonsi (2955715) writes with word that Sony has agreed to settle a class action lawsuit brought by PSN users affected by the 2011 breach. From the article: Sony has finally agreed to a preliminary settlement of $15m, which may be able to appease most of the customers that suffered from this attack. The PlayStation Network users that did not partake in the "Welcome Back" program that Sony unveiled shortly after their online services were brought back will be able to choose from two of several options for compensation: One PlayStation 3 or PlayStation Portable game selected from a list of 14 games; three PlayStation 3 themes selected from a list of six themes; or a three-month subscription to PlayStation Plus free of charge. Claiming these benefits will be done on a first come, first serve basis ...The settlement isn't just about free games or services. Customers with documented identity theft charges are eligible for up to $2,500 per claim. -
Privacy Lawsuit Against Google Rests On Battery Drain Claims
Jason Koebler writes: According to plaintiffs in a class-action lawsuit against Google, personal information about you and your browsing, email, and app-using habits that is regularly sent between apps on you Android phone is harming your battery life. As odd as it sounds, this minor yet demonstrable harm is what will allow their lawsuit to go forward. A federal judge ruled that the claim "requires a heavily and inherently fact-bound inquiry." That means there's a good chance we're about to get a look into the ins and outs of Google's advertising backbone: what information is shared with whom, and when. -
Microsoft's Missed Opportunities: Memo From 1997
New submitter gthuang88 (3752041) writes In the 1990s, Microsoft was in position to own the software and devices market. Here is Nathan Myhrvold's previously unpublished 1997 memo on expanding Microsoft Research to tackle problems in software testing, operating systems, artificial intelligence, and applications. Those fields would become crucial in the company's competition with Google, Apple, Amazon, and Oracle. But research didn't do enough to make the company broaden its businesses. While Microsoft Research was originally founded to ensure the company's future, the organization only mapped out some possible futures. And now Microsoft is undergoing the biggest restructuring in its history. At least F# and LINQ saw the light of day. -
Judge Shoots Down "Bitcoin Isn't Money" Argument In Silk Road Trial
An anonymous reader writes in with the latest in the case against the alleged creator of the Silk Road, Ross Ulbricht. The government and legal community may still be arguing over whether bitcoin can be defined as "money." But the judge presiding over the landmark Silk Road drug case has declared that it's at least close enough to get you locked up for money laundering. In a ruling released Wednesday, Judge Katherine Forrest denied a motion by Ross Ulbricht, the 30-year-old alleged creator of the Silk Road billion-dollar online drug bazaar, to dismiss all criminal charges against him. Those charges include narcotics trafficking conspiracy, money laundering, and hacking conspiracy charges, as well as a "continuing criminal enterprise" charge that's better known as the "kingpin" statute used to prosecute criminal gang and cartel leaders. -
Tor Project Sued Over a Revenge Porn Business That Used Its Service
redletterdave writes: The Tor Project has been sued in the state of Texas over a revenge porn website that used its free encrypted communications service. The plaintiff in the case — Shelby Conklin, a criminal justice major at the University of North Texas — alleges a revenge porn site called Pinkmeth "gained unauthorized access to nude photographs" she owned and posted them to the internet. She also said Tor, which The Economist once called "a dark corner of the web," was involved in an active "civil conspiracy" with Pinkmeth because the revenge porn website used the anonymous communications service to prevent others from tracking its location. -
Rightscorp Pushing ISPs To Disconnect Repeat Infringers
Torrentfreak acquired slides from the Anti-Piracy and Content Protection Summit indicating that Rightscorp wants ISPs to disconnect repeat copyright infringers, and that 140 small ISPs are already doing so. From the article: Christopher Sabec, CEO of Rightscorp, says that they have been in talks with various Internet providers urging them to step up their game. Thus far a total of 140 ISPs are indeed following this disconnection principle. ... By introducing disconnections Rightcorp hopes to claim more settlements to increase the company’s revenue stream. They offer participating ISPs a tool to keep track of the number of warnings each customer receives, and the providers are encouraged to reconnect the subscribers if the outstanding bills have been paid. ... Cutting off repeat infringers is also in the best interests of ISPs according to Rightscorp, who note that it is a requirement for all providers if they are to maintain their DMCA safe harbor. The presentation slides seem to indicate that Rightscorp is planning to go after the safe harbor protections that ISPs are given under the DMCA in order to force the issue. -
The FBI's Jargon List: Internet Acronyms Galore
Jason Koebler (3528235) writes Internet slang: Do you use it? If so, do it AYOR (at your own risk), because the FBI knows exactly what you're saying thanks to the agency's insane list of "Twitter shorthand." Rather than just rely on Urban Dictionary or a Google search, the agency has compiled an 83 page list of more than 2,800 acronyms. The FBI responded to a FOIA request with one of the most illegible scans of a document you'll ever see, embedded on a CD — so maybe the agency isn't all that up on its technology, or maybe it's just doing its best to KTAS (keep this a secret). Please use one of your favorites in a grammatical sentence referencing current events, and/or your favorite food, to help build up the corpus. -
Cable Companies Use Astroturfing To Fight Net Neutrality
An anonymous reader sends a report from Vice which alleges that a trade group for internet service providers is building support for its crusade against net neutrality by funding opinion pieces and letters that masquerade as legitimate public sentiment. 'A disclosure obtained by VICE from the National Cable and Telecom Association (NCTA), a trade group for ISPs, shows that the bulk of Broadband for America's recent $3.5 million budget is funded through a $2 million donation from NCTA. Last month, Broadband for America wrote a letter to the FCC bluntly demanding that the agency "categorically reject" any effort toward designating broadband as a public utility. It wasn't signed by any internet consumer advocates, as the Sununu-Ford letter suggests. The signatures on the letter reads like a who's who of ISP industry presidents and CEOs, including AT&T's Randall Stephenson, Cox Communications' Patrick Esser, NCTA president (and former FCC commissioner) Michael Powell, Verizon's Lowell McAdam, and Comcast's Brian Roberts. Notably, Broadband for America's most recent tax filing shows that it retained the DCI Group, an infamous lobbying firm that specializes in creating fake citizen groups on behalf of corporate campaigns.' -
Congressman Introduces Bill To Limit FCC Powers
An anonymous reader writes "Representative Bob Latta (R-OH) introduced a bill on Wednesday that would limit the FCC's power to regulate ISPs in a supposed effort to keep the internet free. The bill's text is currently not available on the Library of Congress webpage or on congress.gov, but a purported copy has been spotted on scribd. Representative Latta's press release nevertheless indicates that the bill is intended to prevent the FCC from re-classifying ISPs as common carriers under Title II. Latta is one of the 28 representatives who lobbied the FCC earlier this month and were shown to have received double the average monetary donations given to all House of Representative members from the cable industry over a two year period ending this past December." -
Pentagon Document Lays Out Battle Plan Against Zombies
mpicpp sends this news from CNN: "Never fear the night of the living dead — the Pentagon has got you covered. From responses to natural disasters to a catastrophic attack on the homeland, the U.S. military has a plan of action ready to go if either incident occurs. It has also devised an elaborate plan should a zombie apocalypse befall the country, according to a Defense Department document obtained by CNN. In an unclassified document titled 'CONOP 8888,' officials from U.S. Strategic Command used the specter of a planet-wide attack by the walking dead as a training template for how to plan for real-life, large-scale operations, emergencies and catastrophes." -
CISPA 3.0: the Senate's New Bill As Bad As Ever
Daniel_Stuckey writes: "CISPA is back for a third time—it has lost the 'P,' but it's just as bad for civil liberties as ever. The Senate Intelligence Committee is considering a new cybersecurity bill that contains many of the provisions that civil liberties groups hated about the Cybersecurity Information Sharing and Protection Act (CISPA). Most notably, under the proposed bill companies could not be sued for incorrectly sharing too much customer information with the federal government, and broad law enforcement sharing could allow for the creation of backdoor wiretaps. The bill, called the Cybersecurity Information Sharing Act of 2014, was written by Senate Intelligence Chair Dianne Feinstein (D-Calif.) and Sen. Saxby Chambliss (R-Ga.) and is currently circulating around the committee right now but has not yet been introduced. Right now, the bill is only a 'discussion draft,' and the committee is still looking to make revisions to the bill before it is officially introduced." -
Vermont Nuclear Plant Seeks Decommission But Lacks Funds
mdsolar (1045926) writes with this bit of news about the Vermont Yankee Nuclear Plant shutdown. From the article: "On Friday, the Vermont Public Service Board voted to authorize Entergy Nuclear Operations, Inc., the operators of the Vermont Yankee electricity generating station ..., to close down their nuclear power plant by the end of this year. Because Entergy planned to shut the Vermont nuclear plant down prior to its licensed end-term, the board was required to approve the shutdown....
Entergy has reserved just over $600 million to date for decommissioning the Vermont nuclear plant, according to the Department of Public Service. This amount will not be adequate to meet the costs of full deconstruction, estimated at more than $1 billion according to the company's 2012 Decommissioning Cost Analysis report." -
UK To Finally Legalize Ripping CDs and DVDs
An anonymous reader writes with news that the U.K. government will finally legalize the copying of data from CDs, DVDs, and other types of media for personal use. This will allow U.K. citizens to legally make backups and digital copies of their media, which has been forbidden by copyright law previously. The changes will go into effect this June. It also grants permission for people to upload the ripped media to a remote host, though sharing of course remains illegal. "The mismatch between the law and public opinion became apparent through a Government-commissioned survey, which found that 85% of consumers already thought that DVD and CD ripping was legal. More than one-third of all consumers admitted that they’d already made copies of media they purchased. Besides the new private copying rights, the upcoming amendments will also broaden people’s fair use rights. For example, people no longer have to ask permission to quote from or parody the work of others, such as a news report or a book, as long as it’s “fair dealing” and the source is recognized." -
U.S. Court: Chinese Search Engine's Censorship Is 'Free Speech'
jfruh writes: "You will probably not be surprised to learn that Chinese search giant Baidu censors a wide range of content, particularly political material deemed to be pro-democracy — and does so for users everywhere, not just in China. A group of activists filed suit against Baidu in New York for violating free speech laws, but the judge in the case declared (PDF) that, as a private entity in the United States, Baidu has the right to provide whatever kind of search results it wants, even for political reasons." -
Target and Trustwave Sued Over Credit Card Breach
jfruh (300774) writes "Security vendors like Trustwave can make big bucks when major companies decide they don't have the internal resources to handle their cybersecurity needs. Unfortunately, when taking on security chores, you also take on security liabilities. In the wake of Target's massive credit card security breach, both Target and Trustwave are now on the receiving end of a class action lawsuit, in part backed by banks that had to issue thousands of new credit cards." The filing, and a bit more from El Reg: "It's against Target, however, that the most serious allegations are levelled. The class action led by Trustmark National Bank and Green Bank, say the retailer should not have allowed an outside contractor the access to its network that brought about the breach, and that it violated federal and state laws in storing the credit card data on its network." -
Mt. Gox Gone? Apparent Theft Shakes Bitcoin World
mendax was one of many readers to write with news about the apparent shutdown of Bitcoin exchange Mt. Gox, in the wake of massive theft. "The New York Times is reporting that Mt. Gox, the most prominent Bitcoin exchange, 'appeared to be on the verge of collapse late Monday, raising questions about the future of a volatile marketplace.' 'On Monday night, a number of leading Bitcoin companies jointly announced that Mt. Gox, the largest exchange for most of Bitcoin's existence, was planning to file for bankruptcy after months of technological problems and what appeared to have been a major theft. A document circulating widely in the Bitcoin world said the company had lost 744,000 Bitcoins in a theft that had gone unnoticed for years. That would be about 6 percent of the 12.4 million Bitcoins in circulation.' Maybe the U.S. Dollar isn't so bad after all." Forbes goes further, and says flatly that Mt. Gox has shut down; Wired calls it an implosion. Reader electron gunner links to the alleged leaked document which outlines the exchange's crisis strategy. Watch this story for updates, since there are bound to be new developments. -
Steve Jobs To Appear On US Postage Stamp
Hugh Pickens DOT Com writes "Steven Musil writes at Cnet that the US Postal Service hopes Steve Jobs can do for it what he once did for Apple as the late Apple co-founder will be featured on a commemorative US postage stamp along with Johnny Carson, Ingrid Bergman, Elvis Presley, and James Brown. The former Apple CEO's stamp is still in the design stages and will be released at some point in 2015. Jobs, who passed away in 2011 after a battle with pancreatic cancer, has also been posthumously honored for his visionary achievements with a special Grammy Merit Award and a Disney Legends Award. Jobs was also inducted into the Bay Area Business Hall of Fame, has had a building at Pixar named after him, and was featured in an exhibit at the US Patent Office Museum. "The profitable first class mail business has been decimated by email over the past decade, thanks in no small part to the contributions of Steve Jobs and Apple," writes Derek Kessler. "It's no small feat to be so impactful that the USPS feels compelled to honor you despite the fact that the work that you've done is dismantling the core of their business."" -
Journal of Cosmology Contributor Sues NASA To Investigate Mars "Donut"
An anonymous reader writes "Rhawn Joseph, a self-described astrobiologist involved with the infamous Journal of Cosmology, is suing NASA, demanding 100 high-resolution photos and 24 micrographs be taken of the 'donut' rock that recently appeared in front of the Opportunity rover on Mars, on the basis that it is a living organism. The remarkable full text of the complaint, which cites NASA's mineralogical analysis of the rock as evidence against it being a rock, is available to read at Popular Science." Really, the lawsuit is worth a read. -
Should Facebook 'Likes' Count As Commercial Endorsements?
Slashdot contributor Bennett Haselton writes: "Facebook settled out of court over displaying ads that told you which of your friends had 'liked' a product or service, and another lawsuit is currently pending over the use of minors' pictures specifically in similar ads. (Not to be confused with another recently filed lawsuit alleging that Facebook converts private messages into public 'likes'.) Google+ tried to limit its liability by only showing the faces of users over 18 when showing which friends 'like' a page. I'm all for more privacy for social networking users, and if it's true that Facebook has been silently marking users as publicly 'liking' a page because they mentioned the page in a private message, the plaintiff's lawyers ought to clean them out for that one. But in cases where you willingly and knowingly 'liked' a page, Facebook and Google+ ought to be able to tell that to your friends in advertisements, without being sued for it." Read on for the rest of Bennett's thoughts.The rationale for the case against the Facebook 'your-friends-have-liked-this' ads, seems to be that Facebook is violating laws and social norms against using someone's image in a commercial endorsement without their permission. But I can only think of two reasons for why those laws and social norms exist, and neither of those reasons would seem to apply to Facebook 'likes.' The two main reasons that come to mind are (1) loss of control over one's image, and (2) the creation of the false impression that the company has paid for a product endorsement.
Consider first the issue of the loss of control over your image. You would probably be annoyed if a company took a picture of your face and started featuring it prominently in their advertisements without your permission. (If you had taken the photo yourself, then the company would of course also be on the hook for copyright infringement, but let's assume that the company had one of their photographers take the photo so that they owned the copyright, and the only issue is the unfair use of your likeness.) At that point, you have no control over the dissemination of the picture. Even assuming that you like the way you look in the picture, you might find it creepy to think of thousands of strangers looking at the photo of you (or your kids). That would be an argument in favor of requiring companies to get people's permission before using their likenesses in advertisements.
But that argument would not apply to an ad in your Facebook feed which shows you the profile pictures of friends who have 'liked' a page. Those profile pictures were uploaded by those users expressly so that their Facebook friends could see them. At any time, they can select a different 'profile picture', or remove any profile pictures that they no longer wish to be visible to friends. (Facebook took a lot of well-deserved criticism for exposing users' profiles and pictures to non-friends, as well, even for users who have disabled that setting — but that's a separate issue. The "ads" in question only display your pictures to your friends.)
Second, consider the issue of creating the false impression of a paid product endorsement. With traditional advertisements, it might seem strange that people respond to ads featuring a nice, attractive-but-not-in-your-face-attractive person using a product, even if the photo doesn't seem to directly convey any information about the product itself. What the photo really conveys is that the company behind the product has resources — to hire models, photographers, lighting crews, photo editors, and of course to buy the space to display the ad. This ostentatious display of "resources" might reassure a customer that the company similarly has the resources to test their product thoroughly, to replace a product that breaks, or to honor their returns policy. But it only works if the user believes that the company actually did spend money on all of those things to create the ad.
This is even more true of ads featuring paid celebrities. Steven Landsburg, in a passage from his book The Armchair Economist, writes:
"[I]t is also common to see products endorsed by celebrities who have no particular expertise, and who are obviously being paid for their testimony. Well-known actresses endorse health clubs; ex-politicians endorse luggage; in Massachusetts recently, a Nobel prize-winning economist endorsed automobile tires. People respond to these ads, and sales increase. What useful information can there be in knowing that the manufacturer of your overnight bag paid a six-figure fee to feature a famous person in a television commercial? How can it be rational to choose your luggage on this basis?
Let me suggest an answer. [...] Hiring a celebrity to endorse your product is like posting a bond. The firm makes a substantial investment up front and reaps returns over a long period of time. A firm that expects to disappear in a year won't make such an investment. When I see a celebrity endorsement, I know that the firm has enough confidence in the quality of its product to expect to be around awhile.(The full argument is in the text of The Armchair Economist on Scribd, although you've probably got the idea.)
However, none of this applies to your friend's profile picture appearing in an ad in your Facebook feed. No rational person would think that meant that the friend had been paid for the endorsement, so the ad doesn't falsely convey anything about the company's "resources." (All you really know is that the company paid some money to buy the ad — but, unlike a print ad that appears in a national magazine, you have no idea how much they spent to promote their brand on Facebook just because you happen to be seeing the promotion.) The valuable information conveyed in the ad is just what it seems — at least one of your friends thought the company or product was cool enough to 'like' it.
(This argument does leave an interesting case uncovered. What if a real recognizable celebrity 'liked' a page on Facebook, and that company paid for a flurry of ads in people's Facebook feeds prominently featuring the celebrity's likeness, truthfully claiming that the celebrity liked their product, but without paying the celebrity? I don't happen to know of any real-life case where a company found out that a celebrity actually used their product, and then started advertising the fact that their product was used by that celebrity without actually paying the celebrity, using the defense that all they were doing was stating a true fact. (Tell me in the comments if you know if that's happened.) However, Facebook seems to have ducked that issue for now, because virtually no actual celebrities have regular user profiles on Facebook; they have official fan pages, clearly demarcating the line between "them" and "us." So the sponsored ads are not likely to include a real celebrity's likeness any time soon.)
Fundamentally, if an 'ad' appears in your Facebook feed telling you that some of your friends 'liked' a page, all that ad is doing is stating a true fact, something that Facebook ought to be allowed to do under the First Amendment. I don't agree with Mitt Romney that "corporations are people too, my friend," but they do have First Amendment rights, which I would argue should include the right to tell you if friends of yours have publicly indicated that they like a product or service.
One currently pending lawsuit against Facebook makes much of the fact that Facebook's ads were displaying the profile pictures of minors, and that California law requires the permission of a minor's parents to use their likeness in an ad. But when that law was drafted, the authors probably had in mind the kind of traditional advertisements that raise the two concerns above — where (1) the minor and their family lose control over the dissemination of their image, and (2) the use of the likeness creates the false impression of a paid advertisement. It's not obvious that they would have considered the law to apply to a note in your Facebook feed telling you that your friend had liked a page. To the extent that the law could be interpreted to prohibit those kinds of notifications, that's arguably a violation of Facebook's First Amendment rights.
Of course, I've made this argument by assuming that the two reasons listed at the top are the only reasons that a company should be required to get people's permission before using their likeness in advertisements, and that if those reasons don't apply to Facebook 'likes,' then the permission requirement should not apply. But there may be other reasons besides those two, reasons that would also apply to ads listing Facebook 'likes,' and then that would invalidate the argument. But in the meantime, even though I don't use Facebook, if I did, I'd tentatively be fine with Facebook showing my profile picture in 'ads' to friends listing me as one of a group of people who had 'liked' a particular page.
On the other hand, if Facebook is really scanning your private messages for mentions of a particular page, and then automatically indicating on your profile that you 'like' that page, then yes, that means that any 'likes' acquired in that manner were not intended by the user to be public, and yes, that changes everything.
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Scribd Launches a Global 'Spotify For eBooks'
Nate the greatest writes "Scribd threw its hat in the ebook subscription ring today. The site is expanding on its existing ebookstore with a new $9-a-month all-you-can-read ebook subscription service which offers a selection of ebooks from a number of publishers, including HarperCollins, E-Reads, Kensington, Red Wheel/Weiser, Rosetta Books, Sourcebooks, and Workman. That's a better selection of commercial ebooks than the Kindle owner's lending library, but not quite as broad of a selection as the recently-launched Oyster. However, Scribd is charging less and they're offering better platform support. While Oyster is only available on the iPhone, Scribd has apps for both Android and iOS, and you can read the ebooks in your web browser." -
Romanian Science Journal Punked By Serbian Academics
schwit1 writes "A group of Serbian academics, disgusted with the poor state of their country's research output, have scammed a Romanian science journal by getting it to accept their completely fabricated hoax article. From the article: 'The paper is replete with transparent gimmicks — obvious, that is, had anyone at the publication been paying attention — including a reference to the scholarship of [singer Michael] Jackson, Weber, [porn star Ron] Jeremy and citations to new studies by Bernoulli and Laplace, both dead more than 180 years (Weber died in 1920). They also throw in references to the "Journal of Modern Illogical Studies," which to the best of our knowledge does not and never has existed (although perhaps it should), and to a researcher named, dubiously, "A.S. Hole." And, we hasten to add, the noted Kazakh polymath B. Sagdiyev, otherwise known as Borat.' Their paper is hilarious and completely ridiculous, and yet it was published in a so-called serious journal without question. The best part is that they list Alan Sokal's hoax paper from 1996 as one of their sources." -
Amazon "Unlaunches" & Postpones $100,000 Civic Apps Contest For AWS
reifman writes "In an unusual move, Amazon abruptly pulled the plug on its $100,000 Civic Apps contest for AWS, redirecting contestants to the AWS government site. All entrants through October 15th were to receive a $50 AWS credit. Amazon AWS PR says they, '...accidentally pushed this out early, but please stay tuned for more information on this program later this year.' The contest site, rules (pdf) and FAQ (pdf) of the apparently still upcoming contest can be read from the google cache. Contest prize winners would have had to 'spend' their AWS credits by December 2014." -
Amazon "Unlaunches" & Postpones $100,000 Civic Apps Contest For AWS
reifman writes "In an unusual move, Amazon abruptly pulled the plug on its $100,000 Civic Apps contest for AWS, redirecting contestants to the AWS government site. All entrants through October 15th were to receive a $50 AWS credit. Amazon AWS PR says they, '...accidentally pushed this out early, but please stay tuned for more information on this program later this year.' The contest site, rules (pdf) and FAQ (pdf) of the apparently still upcoming contest can be read from the google cache. Contest prize winners would have had to 'spend' their AWS credits by December 2014." -
Qualcomm Says Eight-Core Processors Are Dumb
itwbennett writes "Following rival MediaTek's announcement of plans to release an eight-core processor in the fourth quarter, Qualcomm has declared eight-core processors 'dumb'. 'You can't take eight lawnmower engines, put them together and now claim you have an eight-cylinder Ferrari. It just doesn't make sense,' Qualcomm's senior vice president Anand Chandrasekher said, according to a transcript of his comments to Taiwan media provided on Friday. Asked whether Qualcomm would one day launch its own octa-core processor, Chandrasekher said, 'We don't do dumb things.'" -
Apple Retailer Facing Class Action Suit Over Employee Bag Checks
aitikin writes "Former Apple employees say the company requires workers to stand around without pay for up to 30 minutes a day while waiting for managers to search their bags for stolen merchandise." The filing. It looks pretty illegal: mandatory unpaid checks of personal belongings before and after work and all breaks. -
MediaNet Sued for Licensing Unlicensed Songs
New submitter duSoliel wrote in with news that another musician is complaining about a lack of royalties from streaming music services. This time, however, the musician is going after MediaNet (once known as MusicNet) which acts as an intermediary source for licensing songs to streaming music services that did not manage to gain compulsory licensing from the Copyright Royalty Board. MediaNet has a storied history riddled with lawsuits from the Harry Fox agency among others; a suit brought last year alleged that around a quarter of MediaNet's catalog was improperly licensed, but was settled privately out of court. Now, Aimee Mann is suing them for failure to properly license 120 of her songs, seeking $18 million in damages. From the article: "... she entered into a license agreement in 2003 with MediaNet (then known as MusicNet). The term of the license agreement was scheduled to end in 2006 but had automatic two-year extensions unless terminated by either party. Mann's representative is said to have sent a termination notice in 2005, but nevertheless, 'MediaNet continued after the Termination Date to transmit, perform, reproduce and distribute the Compositions as part of MediaNet's service, despite having no right or license to do so.' ... Besides suing for direct infringement, Mann is also claiming that MediaNet induced its business partners to commit copyright infringement. Mann also says she has not been paid any royalties by the company since Sept. 30, 2005 with the exception of a $20 advance this past March that was returned." The perils of not having sane compulsory licensing for Internet radio? -
Boston U. Patent Lawsuits Hit Apple, Amazon, Samsung, and Others
curtwoodward writes "First, we heard that Boston University — a private, four-year school overshadowed by neighbors like MIT and Harvard — was suing Apple for patent infringement. Well, sure, patent lawsuits in tech are an everyday thing, right? But it turns out this is not a one-off: BU has been quietly filing a barrage of patent lawsuits since last fall, all of them revolving around the same patents for LED and semiconductor technology. And the targets run the gamut, from Apple and Amazon to Samsung and several small companies that distribute or sell LEDs and other equipment. A couple of small guys have settled, but Amazon and Samsung are refusing. Still to come: Apple's response." -
Boston U. Patent Lawsuits Hit Apple, Amazon, Samsung, and Others
curtwoodward writes "First, we heard that Boston University — a private, four-year school overshadowed by neighbors like MIT and Harvard — was suing Apple for patent infringement. Well, sure, patent lawsuits in tech are an everyday thing, right? But it turns out this is not a one-off: BU has been quietly filing a barrage of patent lawsuits since last fall, all of them revolving around the same patents for LED and semiconductor technology. And the targets run the gamut, from Apple and Amazon to Samsung and several small companies that distribute or sell LEDs and other equipment. A couple of small guys have settled, but Amazon and Samsung are refusing. Still to come: Apple's response." -
Boston U. Patent Lawsuits Hit Apple, Amazon, Samsung, and Others
curtwoodward writes "First, we heard that Boston University — a private, four-year school overshadowed by neighbors like MIT and Harvard — was suing Apple for patent infringement. Well, sure, patent lawsuits in tech are an everyday thing, right? But it turns out this is not a one-off: BU has been quietly filing a barrage of patent lawsuits since last fall, all of them revolving around the same patents for LED and semiconductor technology. And the targets run the gamut, from Apple and Amazon to Samsung and several small companies that distribute or sell LEDs and other equipment. A couple of small guys have settled, but Amazon and Samsung are refusing. Still to come: Apple's response." -
Boston U. Patent Lawsuits Hit Apple, Amazon, Samsung, and Others
curtwoodward writes "First, we heard that Boston University — a private, four-year school overshadowed by neighbors like MIT and Harvard — was suing Apple for patent infringement. Well, sure, patent lawsuits in tech are an everyday thing, right? But it turns out this is not a one-off: BU has been quietly filing a barrage of patent lawsuits since last fall, all of them revolving around the same patents for LED and semiconductor technology. And the targets run the gamut, from Apple and Amazon to Samsung and several small companies that distribute or sell LEDs and other equipment. A couple of small guys have settled, but Amazon and Samsung are refusing. Still to come: Apple's response." -
US Senators: NSA Lies In Fact Sheets
Bruce66423 writes "The Guardian reports that two U.S. senators have written to the NSA telling it to amend its 702 provisions fact sheet (PDF) which, they claim, contains inaccuracies. However they can't actually say HOW they are inaccurate, because they would be compromising classified information. So the U.S. government uses taxpayer money to lie to the people... there's a surprise!" From the letter: "In our judgment, this inaccuracy is significant, as it portrays protections for Americans' privacy as being significantly stronger than they actually are." But they go on to say "We appreciate your attention to this matter. We believe that the U.S. government should have broad authorities to investigate terrorism and espionage, and that it is possible to aggressively pursue terrorists without compromising the constitutional rights of ordinary Americans. Achieving this goal depends not just on secret courts and secret congressional hearings, but on informed public debate as well." -
US Senators: NSA Lies In Fact Sheets
Bruce66423 writes "The Guardian reports that two U.S. senators have written to the NSA telling it to amend its 702 provisions fact sheet (PDF) which, they claim, contains inaccuracies. However they can't actually say HOW they are inaccurate, because they would be compromising classified information. So the U.S. government uses taxpayer money to lie to the people... there's a surprise!" From the letter: "In our judgment, this inaccuracy is significant, as it portrays protections for Americans' privacy as being significantly stronger than they actually are." But they go on to say "We appreciate your attention to this matter. We believe that the U.S. government should have broad authorities to investigate terrorism and espionage, and that it is possible to aggressively pursue terrorists without compromising the constitutional rights of ordinary Americans. Achieving this goal depends not just on secret courts and secret congressional hearings, but on informed public debate as well." -
Birthday Song's Copyright Leads To a Lawsuit For the Ages
New submitter chriscappuccio sends this excerpt from the NY Times: "The song 'Happy Birthday to You' is widely credited for being the most performed song in the world. But one of its latest venues may be the federal courthouse in Manhattan, where the only parties may be the litigants to a new legal battle. The dispute stems from a lawsuit filed on Thursday by a filmmaker in New York who is seeking to have the court declare the popular ditty to be in the public domain, and to block a music company from claiming it owns the copyright to the song and charging licensing fees for its use. The filmmaker, Jennifer Nelson, was producing a documentary movie, tentatively titled 'Happy Birthday,' about the song, the lawsuit said. In one proposed scene, the song was to be performed." -
Google Asks Government For More Transparency, Other Groups Push Back Against NSA
Nerval's Lobster writes "In an open letter addressed to U.S. attorney general Eric Holder and FBI director Robert Mueller, Google chief legal officer David Drummond again insisted that reports of his company freely offering user data to the NSA and other agencies were untrue. 'However,' he wrote, 'government nondisclosure obligations regarding the number of FISA national security requests that Google receives, as well as the number of accounts covered by those requests, fuel that speculation.' In light of that, Drummond had a request of the two men: 'We therefore ask you to help make it possible for Google to publish in our Transparency Report aggregate numbers of national security requests, including FISA disclosures—in terms of both the number we receive and their scope.' Apparently Google's numbers would show 'that our compliance with these requests falls far short of the claims being made.' Google, Drummond added, 'has nothing to hide.'" Another open letter was sent to Congress from a variety of internet companies and civil liberties groups (headlined by Mozilla, the EFF, the ACLU, and the FSF), asking them to enact legislation to prohibit the kind of surveillance apparently going on at the NSA and to hold accountable the people who implemented it. (A bipartisan group of senators has just come forth with legislation that would end such surveillance.) In addition to the letter, the ACLU sent a lawsuit as well, directed at President Obama, Eric Holder, the NSA, Verizon and the Dept. of Justice (filing, PDF). They've also asked (PDF) for a release of court records relevant to the scandal. Mozilla has also launched Stopwatching.us, a campaign to "demand a full accounting of the extent to which our online data, communications and interactions are being monitored." Other reactions: Tim Berners-Lee is against it, Australia's Foreign Minister doesn't mind it, the European Parliament has denounced it, and John Oliver is hilarious about it (video). Meanwhile, Edward Snowden, the whistleblower who leaked the information about the NSA's surveillance program, is being praised widely as a hero and a patriot. There's already a petition on Whitehouse.gov to pardon him for his involvement, and it's already reached half the required number of signatures for a response from the Obama administration. -
U.S. Authorizes Sales of American Communication Tech To Iran
An anonymous reader writes "A report at SF Gate notes that 'The United States has lifted portions of two-decades-old sanctions against Iran in an effort to bolster communication between the country's citizens — and potentially aid organization against a repressive Iranian government. Thursday afternoon the U.S. Treasury Department's Office of Foreign Assets Control authorized the sale of hardware and software that pertain to the Internet, instant messaging, chat, e-mail, social networking, sharing of media, and blogging — basically, all things digital. The Treasury Department wrote, 'As the Iranian government attempts to silence its people by cutting off their communication with each other and the rest of the world, the United States will continue to take action to help the Iranian people exercise their universal human rights, including the right to freedom of expression.'" -
Judge Refers Prenda Copyright Trolls To Criminal Investigators
SternisheFan tipped us to news that the infamous copyright trolls Prenda Law are in a bit of trouble with the law. Today, U.S. District Court judge Otis Wright issued sanctions against Prenda. He recommends that the lawyers involved be disbarred and fined, granted court and lawyer fees to the defendants (doubled for punishment), and has referred them for criminal prosecution. Among the findings of fact are that they set up dozens of shell companies to disguise the true owners, actually committed identity theft, dodged taxes on settlement money, lied to the court, and abused the court by setting settlements on flimsy charges just below the cost of a defense. -
Google, Apple Lead Massive List of Companies Supporting CISPA
redletterdave writes "TechNet, the trade association representing and led by dozens of prominent technology companies including Google, Apple and Facebook, has formally come out in support of CISPA, sending a letter to the U.S. House of Representatives. The letter said: 'We commend the committee for providing liability protections to companies participating in voluntary information-sharing and applaud the committee's efforts to work with a wide range of stakeholders to address issues such as strengthening privacy protections. As the legislative process unfolds, we look forward to continuing the dialogue with you and your colleagues on further privacy protections, including discussions on the role of a civilian interface for information sharing.'" The White House won't support the bill in its current form, but they plan to work with legislators on a compromise. The current text of the bill is available online. -
Should California Have Banned Checking Smartphone Maps While Driving?
Nerval's Lobster writes "According to an appellate court in California, checking your smartphone while driving your Volkswagen (or any other vehicle) is officially verboten. In January 2012, one Steven R. Spriggs was pulled over and cited for checking a map on his smartphone while driving. In a trial held four months later, Spriggs disputed that his action violated California's Section 23123 subdivision (a), which states that a person can't use a phone while driving unless 'that telephone is specifically designed and configured to allow hands-free driving and talking, and is used in that manner while driving.' In short, he argued that the statute was limited to those functions of listening and talking—things he insisted could have been followed to the letter of the law. But the judge ruled that operating a phone for GPS, calling, texting, or whatever else was still a distraction and allowed the conviction to stand. That leads to a big question: with everything from Google Glass to cars' own dashboard screens offering visual 'distractions' like dynamic maps, can (and should) courts take a more active role in defining what people are allowed to do with technology behind the wheel? Or are statutes like California's hopelessly outdated?"