Is the DMCA a scam? Or how to censor the web

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You think the DMCA is just about anti-circumvention? Think again. This comes from Aaron Swartz’s blog.

I received my first DMCA takedown notice today. I published publicly-available IRS information about the nonprofit Kwaze-Kwasa [USA] Inc. Kwaze-Kwasa sent a letter to my ISP asking that it be taken down. I do not know why they want to keep this public information off the Internet, but I do know that the law lets them.

For those who aren’t familiar, the Digital Millennium Copyright Act contained a section known as OCILLA (distinct from its also-famous anticircumvention provisions) that regulates publishing copyrighted material online.

There are three big parties with interests in this subject: copyright holders, who want strong tools to keep copyrighted material offline; ISPs, who don’t want copyright law to apply to them’ and Internet users, who want to be able to publish and read interesting content. OCILLA was largely written by ISPs and pretty much maximizes their interests at the expense of copyright holders and users.

I’m very glad that copyright holders get the short end of the stick — they want to modify the law to make sites like YouTube illegal, just because some people upload copyrighted material to it. If they had their way, websites based around user-generated content would pretty much be impossible.

But I am frustrated the law doesn’t do enough for users. The takedown notice I was sent was obviously bogus — it didn’t even allege a copyright violation, since the information I published wasn’t even copyrightable (it was all basic facts and statistics published by the US government). Yet my ISP informed me that if I didn’t take the page down, they’d take my entire website offline. And they have to do that because if they don’t, they can be sued under the copyright law and could face very heavy penalties.

Maybe he should change his ISP. Cory Doctorow can advise.

How to win friends and influence people (not)

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From the If-You’re-Really-Desperate Department: some advice.

If you’re giving a presentation, make sure your script is full of tweetable content. Think in terms of 140 characters or less. As you’re preparing, literally write out those tweetable points to ensure they’ll fit with room for retweets to spare (right around 100 characters is about right).

If your goal is to share your story not just to those in the room, but their followers as well, this will ensure you’re getting maximum pass-along for yourself and your message.

Tiger: nine down; not clear how many left to play

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The number of dames claiming to have discussed Ugandan affairs with Tiger Woods grows daily and now stands at nine, at least according to ABC News.

I suppose it shows how naive I am, but I’m genuinely astonished by this unfolding story. I’m fascinated by golf but never really warmed to Woods. He always seemed so, well, boring and controlled: a golfing automaton. He’s the last man in the world I’d have suspected of hanging out with porn stars and night-club hostesses.

Francis Bacon had a nice aphorism for Tiger’s current plight: “He doth like the ape, that the higher he climbed the more he showed his arse.”

It’d be interesting to be a fly on the wall at the moment in the ad agency that handles the Accenture account. They made such a big deal of Tiger’s invincible, calm, rational image

LATER: This from the Irish Times:

Companies whose endorsements have helped make Woods perhaps the world’s richest athlete, with a fortune estimated at $1 billion, have said they are standing by him.

Oh yeah?

Scoot!

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Two for the price of one!

Thanks to Lorcan Dempsey for spotting it.

Interesting that the laptop is a MacBookPro of the same vintage as mine.

Google adds real-time search to its results page

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From VentureBeat.

Google’s results are about to speed up, with what the company says is “the first time ever any search engine has integrated the real-time web into the results page.”

Basically, when users search for something, the most recent news articles and posts on sites like Twitter will be immediately into your results, and those results will be updated immediately as new articles and tweets appear. Google executives are on-stage in Mountain View, Calif. describing the product right now, and while they haven’t offered a comprehensive description of everything that’s included in these results, they did offer a few examples and details:

* If you do a search for “Obama,” you can see the latest news articles and tweets, and as you look at the page, more updates are added as they are published.

* Google has already added time filters to its different search options, so you can just see results from the past day or hour. Now it’s adding an option called “latest,” highlighting these real-time results, as well as an “update” view showing each addition to the search results as it’s published.

* Google will include public updates from Facebook and MySpace users as well, through just-announced partnerships with both companies. [Update: The Facebook deal is limited to Facebook Pages and does not include user profiles.]

* These real-time results will be available on Android phones and iPhones as well.

Google says that to make this happen, it developed “dozens of new technologies” …, such as a language model that can recognize which updates contain new information, and which are just “weather buoys” automatically repeating information posted by others.

Teflon Palin

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Lovely piece by Christopher Hitchens in Slate.

Writing about Sarah Palin in Newsweek last month, I pointed out the crude way in which she tried to Teflon-ize herself when allegations of weird political extremism were made against her. Thus, she had once gone to a Pat Buchanan rally wearing a pro-Buchanan button, but only because she thought it was the polite thing to do. She and her husband had both attended meetings of the Alaskan Independence Party—he as a member—but its name, she later tried to claim, only meant “independent.” (The AIP is a straightforward secessionist party.) She didn’t disbelieve all the evidence for evolution, only some of it. She hadn’t exactly said that God was on our side in Iraq, only that God and the United States were on the same side. She says that she left the University of Hawaii after only one year because the climate was too sunny for an Alaskan; her father (whom she considers practically infallible) tells her most recent biographers that she quit because of the preponderance of Asian and Pacific islanders: “They were a minority type thing and it wasn’t glamorous. So she came home.” And so on.

Then, bang on cue, Palin made a live appearance that nicely illustrates Hitchin’s point:

She appeared on the radio show of a certain Rusty Humphries, another steaming and hearty slice of good-old U.S. prime, and was asked whether she would make an issue of President Barack Obama’s birth certificate. Her response: “I think the public rightfully is still making it an issue. I think it’s a fair question.” That was on Thursday, Dec. 3. On Friday, she had published a second “thought” on her Facebook page, reassuring all and sundry that: “At no point have I asked the president to produce his birth certificate, or suggested that he was not born in the United States.”

Well, exactly. Of course she hasn’t. She just thinks it’s a good idea for others to do that, in their “rightful” way, since, after all, it is “a fair question.”

Yuck.

Rare sighting: a business model for Twitter?

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From today’s NYTimes.

A new partnership between Citysearch and Twitter offers some clues about what Twitter’s long-awaited paid accounts for businesses might look like.

Citysearch announced Monday that it will provide the businesses on its site a few tools to help them make use of Twitter — and said that more tools would be coming soon, including some that sound a lot like what Twitter has repeatedly said it will offer businesses for a fee…

Linux regaining netbook market share quickly

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It’s funny how people become infected with myths of Microsoft omnipotence. After the first rush of Linux-only netbooks and Microsoft responded by extending the life of XP, commentators shook their heads and opined that hope of liberation from Windows were naive. Now comes some interesting news of what market research is showing.

ABI Research published some new data last month and the results may surprise you. They place the 2009 market share for Linux on netbooks at 32% with 11 million units preloaded with Linux shipping this year. In an interview with DesktopLinux.com, Jeffrey Orr of ABI makes clear that dial boot machines (i.e.: the Acer Aspire One AOD250-1613) and machines that are purchased with Windows but later have Linux loaded do not count in the 32% number. That number is pure Linux sales. This data confirms comments made first by Jay Pinkert and later by Todd Finch of Dell that one third of their netbooks sales are Linux machines and that there is no higher return rate for Linux systems than there is for ones sold with Windows preloaded…

And that’s before the Chrome OS machines arrive.

Thanks to Glyn Moody for spotting it.

Facebook to join the UN? If it can find a way of financing the subscription

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This morning’s Observer column.

It was announced last week that the population of Facebook now exceeds that of America. Since mid-September the social networking service has added 50 million users, which means it now finds itself with 350 million of them. I am sure that Mark Zuckerberg, the founder of Facebook, takes the same view of his subscribers as PG Wodehouse attributed to the male codfish – “which, suddenly finding itself the parent of three million five hundred thousand little codfish, cheerfully resolves to love them all”. But even Zuckerberg must be wondering how he can monetise the little darlings.

There they are, cavorting in the corner of cyberspace so thoughtfully and expensively provided by him, where they post photographs of themselves in embarrassing situations, write affectionate or silly messages on one another's "walls", become "fans" of obscure comedians, join witty "groups" to support the Tiger Woods driving school and do other cool things too numerous to list. And all without paying a cent…

LATER: It’s interesting to see how this piece has been picked up across the Twitterverse — and slightly misinterpreted as a claim by me that Facebook won’t make money. I have no idea whether it will or not. All I was trying to say is that advertising isn’t necessarily the key to Facebook profitabiity. This is because the service is not primarily about content but activity. Maybe that can be monetised, but at the moment it’s not clear how.

What I was trying to say is that the hopes of content providers that they will make money from advertising may turn out to be fantasies. The only online business that really makes money from advertising is search. Which is why Google is as big as it is.

Cisco flips

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From today’s NYTimes.

Now, however, Cisco seems to have found its way with the Flip. A couple of weeks ago, the company began putting out 10-second television commercials and Web clips that show snippets from the lives of both celebrities and “regular people.” The spots for Flip include a nod at the end to Cisco, when the company logo appears.

“We get unsolicited e-mails from people all over the country telling us how excited they were to capture some moment,” said Jodi Lipe, the Cisco executive who spearheaded the campaign. “We wanted to capture that authenticity in our television campaign.”

Some of the ads appear to document the banal. For example, there is one of a man picking at his bacon and eggs with a fork, and another of someone brushing his teeth. The obligatory parental video of baby with food dangling from her mouth? It’s there.

But, look more closely, and you’ll find that the authenticity of Cisco’s campaign comes with some caveats. The man brushing his teeth is the singer Lenny Kravitz. One of the most popular clips — four guys singing an ode to hamburgers in their car — turns out to be the creation of budding marketers from Hollywood.