Tag Archives: legal - Page 2

Digital Culture Links: June 6th 2011

Links for May 31st 2011 through June 6th 2011:

  • Parents using Facebook to attack school staff, Principals Federation says [Perth Now] – “Parents are using Facebook and other social networks to attack principals and teachers they dislike or believe have wronged them or their children. The growing practice of raging against school staff online has sparked calls for the Education Department to step in. “These forums can also fuel the sort of misplaced anger and hatred that can end in physical confrontations and school lockdowns,” Australian Principals Federation president Chris Cotching said. Lawyers acting for the federation have warned the department it could be legally culpable if it continued to ignore online campaigns against staff.”
  • Palin Fans Trying to Edit Wikipedia Paul Revere Page [Little Green Footballs] – Interesting case study on Wikipedia’s accuracy – after Sarah Palin gets history wrong, her supporteres try and edit Wikipedia to make the Palin version; drama and editorial warfare ensue: “Man, you’ve gotta almost admire the sheer blind dedication of Sarah Palin’s wingnut acolytes. Now they’re trying like crazy to edit the Wikipedia page for “Paul Revere” to make it match Palin’s botched version of history. Here’s the Revision history of Paul Revere; check out the edits that are being reversed. Also see the discussion page for an entertaining exchange between Wikipedia editors and a would-be revisionist.”
  • Google Chrome: Lady Gaga [YouTube] – Clever ad for Google Chrome featuring Lady Gaga (and simultaneously a Lady Gaga ad featuring Chrome!) which really highlights how she’s deeply engaging with her fanbase via social media.
  • Google’s YouTube policy for Android users is copyright extremism [guardian.co.uk] – Cory Doctorow laments Google’s copyright-driven philosophical contradictions: “The news that Android users who have jailbroken their phones will be denied access to the new commercial YouTube pay-per-view service is as neat an example of copyright extremism as you could hope for. Android, of course, is Google’s wildly popular alternative to Apple’s iOS (the operating system found on iPhones and iPads). Android is free and open – it costs nothing to copy, it can be legally modified and those modifications can be legally distributed [...] unless you’re running a very specific version of Google’s software on your phone or tablet, you can’t “rent” movies on YouTube. Google – the vendor – and the studios – the rights holders – are using copyright to control something much more profound than mere copying. In this version of copyright, making a movie gives you the right to specify what kind of device can play the movie back, and how that device must be configured.”

Digital Culture Links: March 25th 2011

Links for March 21st 2011 through March 25th 2011:

  • Record Industry: Limewire Could Owe $75 Trillion – Judge: “Absurd” [Crunch Gear] – “… this is beyond ridiculous. This is… sublime. The record companies suing Limewire were asked to estimate the damages that should be paid by the file-sharing service. Their estimate? $400 Billion on the low end, and at the high end — $75 trillion dollars. That’s more than the GDP of the entire world. The judge, in a refreshing stroke of good sense, deemed these potential damages “absurd” and the plaintiff’s approach “untenable”. The $75tn figure relies on an interpretation of copyright law that provides statutory damages for each instance of copying, and with the numbers of downloads and individual songs the industry is alleging, the money adds up quickly. Even the $400bn figure is certainly grossly inflated, however “conservative” it may appear to Virgin, Atlantic, Sony, and so on. It was decided that an interpretation of copyright law enabling the music industry to sue for more money than they’ve made in the history of recorded music was necessarily wrong…”
  • Troll jailed for posting child porn on tribute pages for dead children [News.com.au] – A MAN charged over Facebook vandalism for plastering child pornography over sites set up to pay tribute to two slain schoolchildren has been jailed. The Brisbane District Court was told Bradley Paul Hampson, 29, posted offensive messages and photographs on Facebook “RIP tribute” pages for a 12-year-old boy stabbed at a Brisbane school and a nine-year-old Bundaberg girl abducted and murdered in February last year. Hampson, of Tarragindi, on Brisbane’s southside, today pleaded guilty to two counts using a carriage service, the internet, to cause offence and one each of distributing and possessing child exploitation material between February 14 and June 4 last year. [...] Judge Kerry O’Brien jailed Hamspon for three years, but ordered he be released after serving 12 months. Judge O’Brien ordered Hampson be placed on a two-year probation order upon his release from jail.”
  • Tweeting with the telly on [BBC News] – Twitter TV – it can be more than just #qanda! “The days of families reverentially gathered around the box may be long gone but the doom-mongers who said that on-demand would kill linear TV completely may also be somewhat off the mark. A new generation of viewers is watching what has been dubbed social TV – a synthesis between TV and social networking. A recent study from marketing agency Digital Clarity found that 80% of under-25s used a second screen to communicate with friends while watching TV and 72% used Twitter, Facebook or a mobile app to comment on shows. Currently it is little more sophisticated than watching TV with one eye on Twitter or Facebook, but that is beginning to change as TV executives start to experiment with greater social networking integration. In New Zealand, TVNZ has just launched a new youth channel which sees Facebook heavily integrated to create an interactive entertainment and music show.”
  • Amazon Appstore: what does it mean for developers? [guardian.co.uk] – Amazon launch their new Android App store. Testimony to the choice available on an open system. However, launching it US-only seems ridiculous. Rovio’s ‘Angry Birds Rio’ is free for the first day of Amazon’s App Store, but no one in the US can ‘buy’ it (ie download it) at all. Not a terribly auspicious start. (Oh, and Apple are going to sue them for use of ‘App’ in the name of their App Store.)
  • Piracy: are we being conned? [The Age] – A thoroughly research article which rebukes some of the ridiculous claims in several recent industry-backed “piracy” scare reports: “This month, a new lobbying group, the Australian Content Industry Group (ACIG), released new statistics to The Age, which claimed piracy was costing Australian content industries $900 million a year and 8000 jobs. The report claims 4.7 million Australian internet users engaged in illegal downloading and this was set to increase to 8 million by 2016. By that time, the claimed losses to piracy would jump to $5.2 billion a year and 40,000 jobs. But the report, which is just 12 pages long, is fundamentally flawed. It takes a model provided by an earlier European piracy study (which itself has been thoroughly debunked) and attempts to shoe-horn in extrapolated Australian figures that are at best highly questionable and at worst just made up.”
  • Google accuses China of interfering with Gmail email system [The Guardian] – Google vs China, round two: “Google has accused the Chinese government of interfering with its popular Gmail email system. The move follows extensive attempts by the Chinese authorities to crack down on the “jasmine revolution” – an online dissident movement inspired by events in the Middle East. According to the search giant, Chinese customers and advertisers have increasingly been complaining about their Gmail service in the past month. Attempts by users to send messages, mark messages as unread and use other services have generated problems for Gmail customers. In the wake of the catastrophic earthquake in Japan, Google set up an application to help people find relatives and friends lost in the disaster. This service too seems to have been compromised. “Relating to Google there is no issue on our side. We have checked extensively. This is a government blockage carefully designed to look like the problem is with Gmail,” said a Google spokesman.”

Digital Culture Links: March 1st 2011

Links for March 1st 2011:

  • Should an employer ever require your social media passwords as an employment condition? [eGov AU] – “At least one state agency in the US, Maryland Division of Correction, recently started requiring employees to provide their personal Facebook password and allow their employer to scrutinise their account as a condition of continued employment. Apparently this request wasn’t illegal – although it breaches Facebook’s usage policy (which could mean the employee loses their account). The rationale given by the employer was that they needed to review the contents of the account as part of the employment contract. A video of one staff member asked to provide his personal Facebook password is below. [...] A number of law enforcement agencies have also apparently begun requesting this information as part of their recruitment process, as reported by USANow in the article, Police recruits screened for digital dirt on Facebook, etc. [...] Should employers be allowed to request your passwords?” My answer: absolutely not!
  • Your view from the #Oscars stage [Twitter Media] – “The 83rd Annual Academy Awards captured the country’s attention on Sunday night, but ABC’s cameras didn’t provide the only view. This year’s show was a new kind of 360-degree event, with:
    * a camera-snapping, live-tweeting host;
    * an official hashtag on air; and
    * a big, sustained second-screen conversation on Twitter.
    First: whatever you thought of his hosting, there’s no question that James Franco broke new ground with his tweeting. [...] And all together, that represents a brand-new kind of event experience: one where viewers get to experience it from every vantage point, from even the stage itself. And the experience went both ways, because Franco got to hear what the viewers at home were saying, too; his account was mentioned 63,737 times during the show. Second: an official #oscars hashtag appeared on air twice—once near the beginning of the telecast and again near the end: Now, we know that when a hashtag shows up on TV, it causes a surge of Tweets.”
  • Auto-Tune the News Rocks the Oscars: Online Video News [NewTeeVee] – “I’m probably not the only one who was ready to fall asleep halfway through the show during last night’s Oscars telecast, but then it happened: Anne Hathaway and James Franco joked slightly awkwardly about this being “the year of the movie musical,” only to wake up the audience with an awesome auto-tune mash-up, featuring Harry Potter pals Ron Weasley and Hermione Granger, Woody from the Toy Story franchise, Justin Timberlake playing Sean Parker and Twilight’s Edward, Jacob and Bella. [...] The video wasn’t just a tribute to the YouTube auto-tune mash-up phenomenon, though; it was actually produced by none other than the Gregory Brothers, best known for Auto-Tune the News and their Songify This videos. Asked about the collaboration, Evan Gregory told me via email: “The producers of the broadcast reached out to us and asked us to do a piece. Then we collaborated with them over a period of several weeks to pull it together.””
  • 5 Reasons Why Your Online Presence Will Replace Your Resume in 10 years [Dan Schawbel - Personal Branding - Forbes] – While I don’t agree with all of these points, it is a useful indicator of how central web presence will be in terms of employment now and even more so in the future:
    “5 reasons why your online presence will replace your resume:
    1. Social networking use is skyrocketing while email is plummeting
    2. You can’t find jobs traditionally anymore
    3. People are managing their careers as entrepreneurs
    4. The traditional resume is now virtual and easy to build
    5. Job seeker passion has become the deciding factor in employment”
  • Gmail back soon for everyone [Official Gmail Blog] – Apparently it was “0.02%” of gmail accounts that were temporarily deleted – still tens of thousands of accounts. Google sound confident all data will be back, soon, but that’s an awfully big scare, especially given how stable and reliable Gmail has appeared in the past compared to other cloud email services (yes, Hotmail, I’m looking at you!).
  • Many Gmail Users Can’t Find Their Messages [Google OS] – Woah: Google has (accidentally?) deleted “0.08%” of all gmail accounts. That must be hundreds or thousands of accounts! While I love Gmail, it’s this sort of accident that reminds us all how precarious data in the cloud can be. Google are in the process of restoring these accounts, but even a few days with none of your email or email account would cause real challenges for most people! (Actually the BBC note that this might mean up to 150,000 Gmail accounts!!)
  • iiNet again slays Hollywood in landmark piracy case [The Age] – “The giants of the film industry have lost their appeal in a lawsuit against [Australian] ISP iiNet in a landmark judgment handed down in the Federal Court today. The appeal dismissed today had the potential to impact internet users and the internet industry profoundly as it sets a legal precedent surrounding how much ISPs are required to do to prevent customers from downloading movies and other content illegally. The film studios had sued iiNet arguing that, by not acting to prevent illegal file sharing on its network, it was essentially “authorising” the activity. “I have concluded that the appeal should be dismissed,” Justice Arthur Robert Emmett said in court this afternoon…”
  • Filmed on a phone, spy movie takes out junior Tropfest award [WA Today] – Tropfest under-15 winner shot the whole film on an iPhone: “Simeon Bain cites the 2010 blockbuster Inception as the motivation for his own film, for which he won the Tropfest film festival’s Trop Jr prize this year. Like Inception, Simeon’s film, Imagine, follows the story of a skilled spy, but that is where the similarities end. Simeon’s film was much cheaper, costing $70 to make over three days, and being shot entirely with a mobile phone. ”I was between cameras,” Simeon, from Gisborne, said. ”I was on the verge of getting a new one, and my old camera just wasn’t good enough, so I decided to use my iPhone instead. Filming with a phone has its benefits, because it requires very little set up and it’s highly portable.””
  • What is ‘The Streisand Effect’? [YouTube] – Quirky little video which actually explains the Streisand Effect very clear (short version: attempts to censor information online often lead to that information becoming a lot more popular and viewed!).
  • Facebook Privacy: 10 Settings Every User Needs to Know [Mashable] – Useful list of privacy settings every Facebook user should be aware of.
  • How Angry Birds really took off: 200m minutes a day spent playing it [SMH] – Fluffy article on the development of Angry Birds, but it does highlight the importance of the Apple App Store as a reliable single portal for developers: “Rovio needed a solution and the iPhone provided one. After the phone’s launch in 2007, Rovio realised that their industry was about to change completely. For the first time, users from all over the world would be able to download games from the same place: Apple’s online App Store. So a manufacturer only had to produce one version of a game, reducing costs dramatically.”

Digital Culture Links: January 5th 2011

Links for January 5th 2011:

  • Billionaires take a turn at initiating ‘brand’ damage [SMH] – The Australian retail industry has jumped the shark. In an effort to ‘combat’ consumers getting better deals online, the retail giants have banded together to lobby the government to remove an exclusion that means purchases for overseas goods totally under $1000 don’t have the GST added. Customers, in turn, have pointed out very loudly that they shop online because of the terrible state of retail shops in Australia. Whoever thought up a PR campaign that basically tells consumers that the rich retail giants want consumers to be taxed more because they’re becoming too savvy and demanding better choice clearly failed Marketing 101!
  • How iTunes buyers are ripped off [Perth Now] – Australians are sick of the tyranny of digital distance: “Australian music fans are forging foreign iTunes accounts to make big savings on their purchases. The practice, which is a direct breach to iTunes terms and conditions, has exposed the inflated price that Australians pay to access songs off the popular music and entertainment site. By creating an American iTunes account through the use of a US credit card or gift card, users are saving up to 80c per song and $7 per album. The recently released Beatles box set collection can be bought with a saving of more than $A100. [...] Numerous forums have surfaced on the net explaining the details of how to access the store which include creating a fake American billing address. Some have even used the address of the Apple corporation in the US to gain access.”
  • Facebook Users Uploaded A Record 750 Million Photos Over New Year’s [Tech Crunch] – “It doesn’t come as a huge surprise, but it’s still staggering to think about: over the New Year’s weekend, Facebook saw 750 million photo uploads from its users. That’s a lot of celebrating, and it sets a new Facebook record. The stat was just tweeted by Facebook marketing director Randi Zuckerberg (who is also founder Mark Zuckerberg’s sister). We’ve reached out to Facebook to ask what the last record was, but I’m guessing it was set over Halloween, which has historically been the biggest day for Facebook Photos. To give some context to that number, in July Facebook said that more than 100 million photos get uploaded every day (that average is higher now, obviously).”
  • Angry Birds launch for Sony’s Playstation 3 and PSP [BBC - Newsbeat] – Angry Birds makes the jump from mobile gaming to the consoles: “Sony has announced that Angry Birds is going to be released on its PlayStation 3 and PSP consoles. The game was originally developed for smart phones and proved a huge success with iPhone and Android users. Since being released in late 2009 it’s been downloaded nearly 40 million times. But with the Japanese entertainment giant now firmly on board developers Rovio have high hopes about bringing the game to a new audience. Released on January 5th it will be available to download for £2.49. “
  • What Could Have Been Entering the Public Domain on January 1, 2011? [Center for the Study of the Public Domain] – “Waiting for . . . Waiting for Godot and Lord of the Flies, The Doors of Perception, Rear Window, Seven Samurai, Creature from the Black Lagoon, the first issues of Sports Illustrated, Horton Hears a Who! . . . . Current US law extends copyright protections for 70 years from the date of the author’s death. (Corporate “works-for-hire” are copyrighted for 95 years.) But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years (an initial term of 28 years, renewable for another 28 years). Under those laws, works published in 1954 would be passing into the public domain on January 1, 2011. What might you be able to read or print online, quote as much as you want, or translate, republish or make a play or a movie from? How about William Golding’s Lord of the Flies?”
  • You might do a job on yourself [The Age] – Recruiters and interview panels are increasingly examining web presences: “Thank twice before uploading another photo or status update if you are about to have a job interview – employers are watching you. In an age of oversharing online, with a third of the Australian population on Facebook, many recruiters and companies cannot resist the temptation to screen potential candidates via social media. US employers have taken screening one step further, asking some job candidates to log in to their Facebook pages during the interview. There is no sign of this happening in Australia, recruiters say. But employers were interested in looking beyond a person’s resumé, said Kate Kendall, who specialises in recruitment via social media. “Companies are more interested in a holistic view of who they are hiring,” she said. “You can’t really try to hide.”"
  • Instagram Quickly Passes 1 Million Users [NYTimes.com] – “Instagram, a social photo-sharing company that opened its shutters to iPhone owners just two months ago, announced Tuesday that it passed a major milestone of 1 million registered users. The company began offering its simple photo service in mid-October that allows people to share images from a mobile phone and then add unique and fun filters. Since then, Instagram has quickly become the talk of the tech community as people have flocked to the service even with stiff competition from a number of well-financed competitors, including PicPlz, Flickr and Path.”

Digital Culture Links: December 13th 2010

Links for December 7th 2010 through December 13th 2010:

  • The state, the press and a hyperdemocracy [Unleashed (Australian Broadcasting Corporation)] – Mark Pesce provokes a much larger debate about Wikileaks … is it really ‘the press’? “WikiLeaks is the press, but not the press as we have known it. This is the press of the 21st century, the press that comes after we’re all connected. Suddenly, all of the friendliest computers have become the deadliest weapons, and we are fenced in, encircled by threats – which are also opportunities. This threat is two-sided, Janus-faced. The state finds its ability to maintain the smooth functioning of power short-circuited by the exposure of its secrets. That is a fundamental, existential threat. In the same moment, the press recognises that its ability to act has been constrained at every point: servers get shut down, domain names fail to resolve, bank accounts freeze. These are the new selection pressures on both sides, a sudden quickening of culture’s two-step.”
  • The Atlantic Turns a Profit, With an Eye on the Web [NYTimes.com] – The Atlantic turns a profit by thinking digitally, and employing bloggers: “How did a 153-year-old magazine — one that first published the “Battle Hymn of the Republic” and gave voice to the abolitionist and transcendentalist movements — reinvent itself for the 21st century? By pretending it was a Silicon Valley start-up that needed to kill itself to survive. The Atlantic, the intellectual’s monthly that always seemed more comfortable as an academic exercise than a business, is on track to turn a tidy profit of $1.8 million this year. That would be the first time in at least a decade that it had not lost money. Getting there took a cultural transfusion, a dose of counterintuition and a lot of digital advertising revenue. “We imagined ourselves as a venture-capital-backed start-up in Silicon Valley whose mission was to attack and disrupt The Atlantic,” [...] “In essence, we brainstormed the question, ‘What would we do if the goal was to aggressively cannibalize ourselves?’””
  • Angry Birds, Flocking to Cellphones Everywhere [NYTimes.com] – “It sounds like a tough sell: a game that involves catapulting birds at elaborate fortresses constructed by evil pigs. But Angry Birds, a hit game by Rovio, a small Finnish company, is one of the unlikeliest pop-culture crazes of the year — and perhaps the first to make the leap from cellphone screens to the mainstream. Angry Birds, in which the birds seek revenge on the egg-stealing pigs, is meant to be easily played in the checkout line and during other short windows of downtime — but some players have trouble stopping. Rovio says people around the world rack up 200 million minutes of game play each day. (Put another way, that is 16 human-years of bird-throwing every hour.) The game has inspired parodies, homages and fervent testimonials. Homemade Angry Birds costumes were big hits on Halloween. Conan O’Brien demonstrated the game in a YouTube video promoting his new show, and a sketch from an Israeli TV show about a birds-and-pigs peace treaty was popular online ….”
  • Assange And WikiLeaks Have Parallels With Spycatcher [SMH] – Malcolm Turnbull on Wikileaks: “Governments and politicians should be careful not to make a martyr of Assange and fools of themselves. Julia Gillard’s claim that Assange had broken Australian laws, when it is clear he has not, demonstrates how out of her depth she is. One may well ask whether her denunciations would be so shrill if the documents had been handed to a powerful newspaper group – if the contents were being dribbled out by The Australian, would she be accusing Rupert Murdoch of high crimes and misdemeanours? Assange is an Australian citizen. No matter how much the government disapproves of his actions, it should make it clear that he is entitled to return to Australia if he wishes and to receive consular assistance if the charges of sexual assault proceed in Sweden.”
  • Wikileaks and the Long Haul [Clay Shirky] – Some thoughts from Clay Shiry regarding Wikileaks which are well worth reading: “Over the long haul, we will need new checks and balances for newly increased transparency — Wikileaks shouldn’t be able to operate as a law unto itself anymore than the US should be able to. In the short haul, though, Wikileaks is our Amsterdam. Whatever restrictions we eventually end up enacting, we need to keep Wikileaks alive today, while we work through the process democracies always go through to react to change. If it’s OK for a democracy to just decide to run someone off the internet for doing something they wouldn’t prosecute a newspaper for doing, the idea of an internet that further democratizes the public sphere will have taken a mortal blow.”

Digital Culture Links: December 2nd 2010

Links for November 25th 2010 through December 2nd 2010:

  • Report on video games clears way for R18+ rating [News.com.au] – This is a BIG DEAL in the battle to get an R18+ rating for Aussie videogames: “Violent video games have no “greater impact” on players than movies or music clips, government research has found just days ahead of a decision expected to allow the sale of R18+ games. Games are currently limited to a top rating of MA15+, which means violent titles are either banned outright or have some graphic content removed. In some cases, games have been given a MA15+ rating here despite copping an 18+ rating overseas. Australia’s attorneys-general will meet in Canberra tomorrow to discuss the introduction of an R18+ classification for video games, bringing their ratings into line with those of films and literature. Both the gaming community and family groups believe the adult rating is almost a certainty after Home Affairs Minister Brendan O’Connor yesterday released a research paper into their impact on encouraging violent behaviour.” (See full report here.)
  • Justin Bieber Swears Off YouTube For Facebook, Unwittingly Steps In Copyright Minefield [Forbes] – “Over the past weekend, Internet pop sensation Justin Bieber went to upload the music video of his new song called “Pray” to his personal YouTube site. He was in for a rude surprise: YouTube automatically blocked his video upload on “copyright grounds” that the video contained content from Universal Music Group (UMG), parent company to Bieber’s record label, Island Def Jam records. “yo youtube…how u gonna block my own song?!?!?!” wrote an outraged Bieber on his Twitter account. In another Twitter update, he wrote, “dear youtube…we started this journey and now u r cheatin on me with this vevo chica…i see how it is…i will be over here with facebook [sic].” (Vevo is the music video website responsible for Bieber’s official YouTube syndication, and is a joint venture between music giants Sony Music Entertainment, UMG and Abu Dhabi Media.) In response, YouTube wrote back to Bieber on its Twitter account, “sorry about the upload pain around ‘Pray’. That’s between you and your label …”
  • WikiLeaks website pulled by Amazon after US political pressure [Media | The Guardian] – “The US struck its first blow against WikiLeaks after Amazon.com pulled the plug on hosting the whistleblowing website in reaction to heavy political pressure. The company announced it was cutting WikiLeaks off yesterday only 24 hours after being contacted by the staff of Joe Lieberman, chairman of the Senate’s committee on homeland security. WikiLeaks expressed disappointment with Amazon, and insisted it was a breach of freedom of speech as enshrined in the US constitution’s first amendment. The organisation, in a message sent via Twitter, said if Amazon was “so uncomfortable with the first amendment, they should get out of the business of selling books.” While freedom of speech is a sensitive issue in the US, scope for a full-blown row is limited, given that Democrats and Republicans will largely applaud Amazon’s move. Lieberman, though an independent, is a former Republican who switched to the Democrats last year.”
  • Report: In-Game Purchases To Blow Mobile Games Revenues Past $11 Billion By 2015 [TechCrunch] – “A new report from Juniper Research forecasts global mobile games revenues to surpass $11 billion by 2015, nearly double what they were in 2009. All in all, it’s a fairly conservative prediction in my opinion, but what’s interesting is that the research firm also says in-game purchases will overtake the traditional pay-per-download model, with Apple’s in-app billing mechanism leading the way, as the primary source of monetizing mobile games in about two years (by 2013). At the same time, Juniper Research acknowledges that, with the ever-increasing amount of apps on all popular platforms (and app stores for that matter), discoverability remains a problem for game developers and publishers alike.”
  • Western Australian Premier’s Book Awards [State Library of Western Australia] – Significantly, this year, the WA Premier’s Book Awards will be offering a Digital Narrative Award which has a $5000 prize attached to it, and fairly broad parameters of what a digital narrative might be. (Only open to Australians, though, sorry!)
  • Facebook looks to trademark the word ‘face’ [BBC News] – My MyFace, FaceWorld and CyFace domains will be worthless! “The social networking giant Facebook is a few steps away from trademarking the word face, online documents reveal. The site has been asked to detail a “statement of use” by the US Patent and Trademark Office, explaining how it intends to use the word. If granted, the trademark will only apply to online sites and services used to exchange messages. It could limit the use of the word in other social networks and services, such as Apple’s Facetime, lawyers said.”
  • Axl Rose sues Guitar Hero makers over animated Slash [Music | guardian.co.uk] – “Axl Rose even hates the cartoon version of Slash. The Guns N’ Roses frontman is suing the makers of Guitar Hero for $20m (£12.6m), claiming they “spun a web of lies and deception” by including an animated Slash in the video-game version of his band. Slash left the group in 1996. According to his claim, Rose licensed Welcome to the Jungle to Guitar Hero III on the condition that any reference to the departed guitarist or his new band, Velvet Revolver, would be omitted. But in early versions of the game, a Slash-like character could be seen parading around the stage in the guitarist’s trademark top hat, sunglasses and nose piercing. [...] One of the highest-grossing video games of all time, Guitar Hero III has amassed more than $1bn. “This lawsuit is about protecting Guns N’ Roses and Welcome to the Jungle, and is about holding Activision accountable for its misuse of these incredibly valuable assets,” Rose’s lawyer insisted.”

Digital Culture Links: November 5th 2010

Links for November 2nd 2010 through November 5th 2010:

  • Digital Primetime Arrives Just in Time to Crush the Net [The Steve Rubel Stream] – Will the massive increasing in demand for, and quality of, streaming online video create a ‘digital primetime’ which the current internet infrastructure is unable to cope with? Interesting question!
  • Woman to pay $1.5m for downloading music [ABC News (Australian Broadcasting Corporation)] – “A US jury has ordered a Minnesota woman to pay $US1.5 million for illegally downloading 24 songs in a high-profile digital piracy case. Jammie Thomas-Rasset, a single mother of four, was found liable by a jury on Wednesday (local time) of copyright infringement for using Kazaa, a peer-to-peer file-sharing network, to download the songs from the internet. She has been ordered to pay $US62,500 for each of the 24 songs – a total of $US1.5 million. The verdict is the third in the long-running case and it has been welcomed by the Recording Industry Association of America (RIAA).[...] In December 2008, the RIAA said it would stop suing people who download music illegally and focus instead on getting internet service providers to take action.”
  • The Cooks Source Scandal: How a Magazine Profits on Theft [Edward Champion's Reluctant Habits] – The very sad and nasty story of Cooks Source Magazine, which appears to have been ripping large amounts of stories, photos and recipes off the internet, claiming the internet is entirely public domain, and ignoring all copyright on these works. Understandably, a number of people are upset, and the magazine’s editor has a lot of explaining to do.
  • iBookstore Australia Launch: iBookstore Opens In Australia [SMH] – “Australians can now use ther iPhone, iPad or iPod Touch as a serious e-book reader after Apple opened the doors to its iBookstore today. It’s taken the company five months since the iPad’s launch to get the store up and running but it has succeeded in signing up a wide range of book publishers including Macmillan, Hachette, HarperCollins, Hardie Grant, Murdoch Publishers and Wiley. Previously, Australians viewing the iBookstore could only access old out-of-copyright books but now there is a range of new release titles on offer. The exact number is unclear but an Apple spokeswoman said they numbered in the “thousands”.”
  • Children and ultra-violent video games: court to decide [SHM] – Wow: the ‘do violent videogames hurt kids’ debate rolls into the US Supreme Court: “The US Supreme Court has expressed sympathy for a California law that aims to keep children from buying ultra-violent video games in which players maim, kill or sexually assault images of people. But several justices said the law faces a high constitutional hurdle before going into effect. The high court has been reluctant to carve out exceptions to the First Amendment, striking down a ban on so-called “crush videos” that showed actual deaths of animals earlier this year. California officials argue that they should be allowed to limit minors’ ability to pick up violent video games on their own at retailers because of the purported damage they cause.”
  • Google gaining on booming smartphone market [The Age] – “Google’s Android software platform rose to the number two spot globally on the booming smartphone market in the third quarter, research firm Canalys said this week. Nokia’s Symbian continued to lead the market with a 37 per cent share, while Android had 17 per cent of the market. It has surpassed Research In Motion, Apple and Microsoft this year. Growing popularity of Android phones – made by companies including Motorola, HTC and Samsung Electronics – puts Google in a good position as handsets look set to surpass computers for browsing the web. Google chief executive Eric Schmidt said in September he expects mobile searches to generate most of the firm’s revenue eventually, but it could take a long time, despite growing at a rapid clip.”
  • Facebook posting boasting led to sack [WA Today] – Be ye not so stupid: “A West Australian schoolgirl who was sacked over Facebook for comments she made on the popular social network has had her dismissal upheld by the national workplace watchdog. The 15-year-old was fired after it was claimed she had written to a possible competitor of her employer, despite being told not to. In a peculiar twist, her employer then fired her via Facebook. The sacking has since been upheld by Fair Work Australia after the girl, who cannot be named, took too long to file a complaint. The case marks something of an increasing trend of workplace folly that has come from misuse of the social networking site. There have been at least five cases before Fair Work Australia where employees have been sacked after something they wrote or did was recorded on Facebook. There are likely to be many more dismissals that went unchallenged and never reached the tribunal.”

Digital Culture Links: October 12th 2010

Links for October 10th 2010 through October 12th 2010:

  • Simpsonic Business as Usual? [Antenna] – Jonathan Gray’s excellent piece discussing the tensions evident in Bansky’s Simpsons’ opening sequence: “… it leaves us with uncomfortable questions about Groening and co. How are they complicit, and are they simply making this a joke so that they and we can say, “Oh yes, that is bad, isn’t it? But we know about it, so it’s all okay. Let’s just get back to business as usual, shall we? Pass the Cheetos”? I was left with many conflicting responses here myself, on one hand thinking it was a brilliant statement, on the other hand feeling deeply uncomfortable that this is the show’s response to its labor practices – making an opening credit sequence rather than actually fucking doing something about them. Yet, the contestation of authorship in which the sequence engages leaves us wondering whether the American animators (who are largely responsible for the couch gags, by the way – these rarely involve the writers) can do anything about The Simpsons Factory.”
  • Traditional developers look to Facebook games for inspiration [WA Today] – The rise of casual gaming: “While casual games might seem like innocuous time wasters, the sort of drop-in, drop-out games played on Facebook, mobile phones and through web portals have seen revenue grow from $US300 million in 2005 to at least $US3 billion ($3.05 billion) today. The real-time farming simulation game, FarmVille, made for Facebook and smartphones by the developer Zynga, has more than 62 million active users, which is equivalent to about 10 per cent of Facebook users. [...] While console-game developers charge a large upfront fee, casual-games revenue is derived through micro-transactions. “You may see 90 per cent or more of your audience never pay you a dime,” Kozik says. “They engage in the game absolutely free and can see if it is something that appeals to them or not. Then the 10 per cent or less who do pay more than justifies the continued expansion of the game.” Casual and social games are less expensive to develop than console games.”
  • Apple Awarded Trademark for “There’s an App for That” [Mashable] – There’s a trademark for that: “Apple has filed a trademark application for the company’s now ubiquitous catchphrase, “There’s an app for that.” Apple filed for the trademark back in December 2009, citing first commercial use of the phrase on January 26, 2009, per trademark documentation. The trademark was filed in the Advertising, Business and Retail Services, Computer and Software Services and Scientific Services categories. The trademark applies to “retail store services featuring computer software provided via the Internet (Internet) and other computer and electronic communication networks; retail store services featuring computer software for use on handheld mobile digital electronic devices and other consumer electronics.””
  • The Search – Is Your Web Identity Hurting Your Employment Chances? [NYTimes.com] – Web presences as (un)intended CVs: “You looked wonderful on your résumé. Your references raved about you. The interview went swimmingly. Yet you didn’t get the job. Oh, no: did they see that Facebook photo of you dancing on a table? Or find out that you’re six months behind on your mortgage payment? You may never know why you weren’t hired, but be aware that background checks can make or break a job application. And in a data-rich world, the person with the fewest red flags may get the job. Little hard research has been done on how hiring managers use the Internet to vet applicants. But you should assume that they are at least looking you up on search engines. So it’s wise to review the results of a quick search of your name. It is very hard to remove anything questionable about yourself from a search engine, but you can at least push it lower by adding positive entries, said Barbara Safani, owner of Career Solvers, a career management business in New York. “
  • Short Attention Spans for Web Videos [NYTimes.com] – I suspect the quality of the content matters, too! “After watching an online video for a full minute, 44.1 percent of viewers will have clicked away, according to Visible Measures. But an outsize slice of that loss occurs in the first 10 seconds, during which 19.4 percent of a video’s audience defects. This phenomenon, known as “viewer abandonment,” is of intense interest to those who make online videos or advertise alongside them. Visible Measures studied the abandonment rate of 40 million videos over seven billion viewings. Music videos had especially high rates of abandonment, as did videos slow to reach a punchline — for example, a Budweiser ad about a man humiliated while buying pornography, which loses nearly 40 percent of viewers in the first 10 seconds. “It took a shocking 12 seconds to get to the conceit,” said Matt Cutler, the head of research at Visible Measures.”
  • Keeping Our Distance, the Facebook Way [NYTimes.com] – It’s all about the weak ties: “Facebook is the best distancing tool since the creation of the Christmas card. Sending holiday greeting cards began in the 1850s in England and spread quickly as a way to stay in touch with far-flung friends and relatives. The cards, whether religious or not in theme, went to people you rarely wrote to and even more rarely spoke to, but for whom you still had a measure of affection — or curiosity. You wanted to know what was going on in their lives, and one exchange a year did the trick. The cards kept the people in your social network at a distance, while maintaining ties to them. I recall my parents sending and receiving Christmas cards. I did it for a year after I married, but I stopped because it was just too much work. Facebook, which tries to replicate our real-world relationships online, now helps me maintain those connections. But it does cards one better. It preserves the weak ties in my social network without creating obligations.”
  • 10 Unbelievable Twitter Stories [Oddee.com] – A bit silly, but some useful extreme stories of what Twitter communication is very good for (and very bad for).
  • Bathurst delay angers viewers [The Age] – Interesting idea; I don’t think a social media blackout would work, but there are definitely issues to sort out: “A social media blackout is needed when watching so-called live sport. The poor TV networks just can’t win when it comes to sport. They regularly get canned for cutting away from the action to screen ads. But Sunday’s Bathurst 1000 race was so tight that Seven claims it didn’t want to risk missing too much of the action. Instead, the network started pausing the coverage to drop in ad breaks. As a result, the broadcast was almost half an hour behind the race by the time the cars crossed the finish line. [...] Rather than treat viewers like idiots, perhaps the networks should start treating them like a precious commodity that will dry up if not handled with care. This means being honest when live sport isn’t really live.”

Digital Culture Links: September 30th 2010

Links for September 23rd 2010 through September 30th 2010:

  • Why I’m quitting Twitter [Jason Wilson - ABC The Drum Unleashed] – Jason Wilson’s decision to quit Twitter begs some interesting questions about academics in public debate: “My first reaction to the Grog’sgate story was disbelief and disgust, which I put out there as soon as it registered. There’s still some of that in my considered response, but it’s my professional role as someone whose research and teaching crosses over with the events of Grog’sgate to lead with considered analysis, not trail with it. Twitter encourages one (or me, at least) to vent immediate replies, which may not match, may even contradict a more disinterested evaluation. I’m not paid or qualified for minute-by-minute commentary, but for analysis and research. My personal opinions are my own, and they’re quite distinct from, and often incompatible with any professional conclusions I might draw. But I need to make that clearer by not issuing professional and personal messages from the same space. Since I’ve ruled out separate accounts, the whole thing needs to come to a halt.”
  • Tweets in your media, media in your Tweets [Twitter Blog] – Twitter officially pushes symbiotic relationships w/other media: “While Twitter is about all types of information, the ways that the service fits into media have long been important to us, and increasingly, media makers are weaving Tweets into the very fabric of their content. Look at segments like Jimmy Fallon’s Late Night Hashtags, where Tweets from viewers aren’t a gimmick; they’re great content. Look at sites like the Huffington Post, where Tweets underscore and amplify the headlines whenever there’s a big story brewing. Look at live shows like the VMAs, where Twitter came alive on a 95-foot-wide screen. Now, with the launch of the new Twitter, the ways that media fits into Twitter.com are just as important. Whenever there’s a new movie release, a TV show premiere, a big football game, or a breaking news story, people are talking about it on Twitter. With the new Twitter, they’re seeing glimpses of it, too, because photos and videos are now presented as part of the core Twitter experience.”
  • Invasion of Privacy Charges After Death of Tyler Clementi [NYTimes.com] – A sad but timely reminder about the potential ramifications of not respecting people’s right to privacy: “It started with a Twitter message on Sept. 19: “Roommate asked for the room till midnight. I went into molly’s room and turned on my webcam. I saw him making out with a dude. Yay.” That night, the authorities say, the Rutgers University student who sent the message used a camera in his dormitory room to stream the roommate’s intimate encounter live on the Internet. And three days later, the roommate who had been surreptitiously broadcast — Tyler Clementi, an 18-year-old freshman and an accomplished violinist — jumped from the George Washington Bridge into the Hudson River in an apparent suicide.”
  • When traditional media exposes public service bloggers [eGov AU] – Craig Thomler has a reasonable snapshot of “#grogsgate” as the anonymous writer behind political blog Grog’s Gamut has his identity revealed in the daily national newspaper (he’s a public servant). Thomler points out that Grog broke no rules, followed the social media and commentary policies of his employment, and that the ‘outing’ seems pretty petty and unnecessary. It does, though, remind us that having separable online and ‘real’ identities is a harder and harder thing to do these days. Read the outing in The Australian, and Grog’s Response.
  • French court convicts Google and its boss for defamation [WA Today] – Is an algorithm a defense? If not, most search engines, and social networks, have troubled legal water to navigate: “A Paris court has convicted US search engine giant Google and its chief executive Eric Schmidt of defamation over results from its “suggest” function, a French legal affairs website has revealed. The new function, which suggests options as you type in a word, brought up the words “rapist” and “satanist” when the plaintiff’s name was typed into the search engine, legalis.net reported. The court ordered Google to make a symbolic payment of one euro in damages and take measures to ensure they could be no repeat of the offence. [...] A Google spokesman told AFP by email that they would be appealing the ruling. The statement said that the Google Suggest function simply reflected the most common terms used in the past with words entered, so it was not Google itself that was making the suggestions.