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Slashback: Salon, Privacy, Pricedrops

Slashback with more on Salon's struggle to balance ads and subscriptions, online retailers versus online bargain hunters, the not-at-all-secret government proposal to obtain "Total Information Awareness" (including information about you), and more.

Circumventing the upsell, but not all of it. Responding to the recent post about cable service a la carte, alta writes "I got a response from Jane Black (who wrote the original article) and she said slashdot jumped the gun. You can not pick and choose which channel you want. You can just choose to get basic limited and premium without getting the 2 steps in between. Here's the actual piece of law:

"Buy-through of other tiers prohibited - A cable operator may not require the subscription to any tier other than the basic service tier required by paragraph (7) as a condition of access to video programming offered on a per channel or per program basis. A cable operator may not discriminate between subscribers to the basic service tier and other subscribers with regard to the rates charged for video programming offered on a per channel or per program basis.
Read it all here. Here's what Jane said:
'But please make sure you understand the rule (Slashdot's headline was misleading indeed.) You can't just choose which channels you want. The new rule says that you can get basic (the network and cspan etc) plus HBO/Starz/Showtime *without* having to buy the standard package as well. If you want AMC, Lifetime, whatever, you still need to buy the whole package. Make sense?'
If you still need it, you can find more about the law here. Just type 543 in the "Section" field. The citation is: Section 623(b)(8) of the Communications Act of 1934, as amended. Found at volume 47 of the US Code Section 543(b)(8)"

The Salon dilemma. A Slashdot post last week reported that Salon was in serious financial trouble, and had dropped its premium section and instituted giant ads. Salon has now moved to over-the-counter trading. "While we valued the prestige of a NASDAQ listing, this move to the OTC market should not affect our core business," says Salon's president and CEO in the story. Update: 11/26 00:42 GMT by J : One correction: Salon has not dropped its premium section.

Dole, or Hormel? MacAndrew writes "As briefly discussed in slashdot a few weeks ago, Senator-elect Elizabeth Dole has been sued by a constituent who received eight unsolicited emails from her. He claims $100 damages including "emotional distress for having received spam from someone who should know better." Salon has now published an article focusing on the critical political versus commercial speech aspect of the case. Courts have recognized political speech as the innermost circle of free speech protection, and groups such as the Electronic Frontier Foundation believe spam laws that interfere with it may be not just unwise but unconstitutional."

Surely, someone's wallet will end up fat. In reaction to the recent story about provisions of the DMCA being used to prevent the posting of post-Thanksgiving sales prices from large retailers, Brian McWilliams writes "I finished up my story about FatWallet after you posted that link on Slashdot. Might help explain some stuff."

Well, we thought this here panopticon would be a nice idea ... McLuhanesque writes "DARPA has posted the architecture for their Total Information Awareness Systems , the uber-database that purports to suck in every scrap of electronic information about everyone, mix in some Human ID at a Distance technology, among other stuff, and profile ... well, just about everyone. More of their proposed fun and games are listed here." And Declan McCullagh writes: "Just posted the transcript of the Pentagon news briefing (worth a read) on Politech. Note this is on the TIA program, not 'eDNA.'

$10,000 is nothing to sneeze at. The idea of buying code into the world of Free software (aka code Ransom, as mentioned on Slashdot a few days ago) is drawing interest. waxed writes "FreePepper is an effort to collect enough money to purchase the source code for the multiplatform text editor Pepper from its author, Maarten Hekkelman, who has ceased development of it and re-release it under a BSD-style license. Donations may be made via PayPal or cheque."

6 of 222 comments (clear)

  1. More on FatWallet DMCA notices by wendy · · Score: 5, Informative

    See also the Chilling Effects Weather Report: Bargain Shoppers Chilled by Retailers' DMCA Threats, where we dissect the DMCA safe harbor provision and potential legal claims and responses.

    --

    -- Openlaw: Fighting for fair use and the public domain

  2. Salon Premium still exists by MushMouth · · Score: 5, Informative

    They just allow you to get to the premium content if you click through some long Mercedes Benz ad. On a side note, this news is now 4 days old.

  3. UCE = Unsolicited *Commercial* Email by HaeMaker · · Score: 5, Informative

    While someone has every right to get upset at the sheer volume of political mail received around election time (electronic or otherwise), EFF and the Courts are correct. Political discussion is at the heart of the Constitution and it will be a cold day in hell before there is a successful law to stop it.

    As for Elizabeth Dole's decision to use email for communication to her (future) constituents, when there is so much anger over SPAM (eventhough it technically isn't SPAM), is another matter. If I were her political consultant I would have advised against it.

  4. Re:I am a strong believer in Darwin by aussersterne · · Score: 5, Informative

    You don't like social Darwinism at all. You've just argued against it.

    If a firm manages to get handouts, they have managed to survive somehow, showing that they are adept at something useful for survival (i.e. getting handouts), and that is all that social Darwinism implies.

    Darwinism itself is a kind of useless null concept outside the bounds of history (i.e. evolutionary history). It basically states that those things which have survived... did, and those things which haven't... didn't. There is no "deserves to survive" or "doesn't deserve to survive" in natural selection, there is only "those things will survive that have found or adapted a way to survive." It is interested if you want to look backward at a kind of roadmap of development. It is completely uninteresting for predicting what will happen in the future or for explaining what is happening at any given instantaneous observation.

    What you've argued is that charity isn't beneficial to society. Whether or not that is true, it has little to do with Darwinism or natural selection.

    --
    STOP . AMERICA . NOW
  5. Political speech vs. commercial speech by Eric+Smith · · Score: 4, Informative
    Courts have recognized political speech as the innermost circle of free speech protection, and groups such as the Electronic Frontier Foundation believe spam laws that interfere with it may be not just unwise but unconstitutional.
    That seems like an extraordinarily bad position for them to take. It's fine to insist that political speech is free speech and protected by the First Amendment, but there's no basis for claiming that it is "more free" than commercial speech. The First Amendment does not make such a distinction, and it would set a very bad precedent if the courts decided that commercial speech was less protected.

    What would be next? Deciding that personal speech is less protected than commercial speech? Distinguishing between different kinds of commercial speech, with some more protected than others? I shudder to think of where this could lead.

    Any spam law that covers political speech is just as constitutional (or unconstitutional) as it would be if it only covers commercial speech. The right to free speech does NOT include a "right to an audience", nor a "right to be published". You are allowed to speak, but you can't force me to listen. You can mail me a leaflet, but you can't force me to pay the postage. You're not allowed to enter my home to speak to me without my permission; similarly an anti-spam law (if it is properly written) doesn't prevent you from speaking, but only prevents you from making me pay for it.

  6. Re:free Pepper? by notfancy · · Score: 4, Informative

    $10,000 sounds like a lot of money for Pepper.

    It might be worth perusing the discussion on OSNews. The argument pro revolves around the question of how much is your time worth, as a non-OS programmer. The argument con hinges on various issues of relevance and desirability (as you point out).

    Pepper has a lot for it in that it is an editor that strove from the start to be an outstanding GUI editor. As Hekkelman himself tells in the interview, the architecture has a couple of nice features not really found on other editors (except, perhaps, MPW for Classic Mac OS. Witness the long mourning some regulars to the mpw-dev list go through still to this day): journal-based edit log for unlimited replay (as opposed to merely undo), superior rendering, virtual file editing, programmable syntax highligting, etc. Many Open Source text widgets could benefit enormously from importing/integrating Pepper code.

    Then again, maybe not. Editors tend to be a notoriously religious bone of contention.