Monthly Archives: February 2010

Senator: “OK Some TV Isn’t Free. But … Not the Olympics!”

How can US Senators be so unclear about the meaning of the laws they write?

Today Senator Herb Kohl of Wisconsin, who not coincidentally chairs the antitrust subcommittee of the Senate Judiciary Committee, asked NBC to explain why certain Olympic events, available on NBCOlympics.com, can only be viewed there after you prove you have a subscription to a pay-TV service.

Really?

Let’s see:

  • NBC’s ownership of paid-only television channels to augment their over-the-air broadcast stations was approved by the United States Congress. Congress didn’t think approving that was antitrust
  • Not all events can possible be broadcast on the free channels; there just isn’t enough time
  • Presumably, Mr. Kohl doesn’t believe that Congress or anyone else should dictate to NBC which programming goes on which channels

So if an event is only available on a paid channel, is it unreasonable to make that event available to on-line viewers only if they have those channels?

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Patents Must Be Unique. Facebook’s 7,669,123 Isn’t.

Who Wants a Patent? Because they seem to be getting handed out for just about anything.

I’ve long believed that in general software patents are a very bad idea. This week the United States Patents and Trademarks Office set a new record for calling something unique that’s just not anything of the sort.

To start, let me state that I’m not an attorney. That said, I’ve dealt with Intellectual Property for a very long time and successfully defended against a trademark infringement claim when my software Uninstall for Windows was sued by the makers of the program Uninstaller. In fact, I got Uninstaller’s trademark invalidated. It was pretty much a matter of explaining common sense in a calm, rational manner to the USPTO.

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TOO Much Social Networking with Foursquare and AppAware

I’m being less social. My Twitter Community has spoken.

As cool a thing as social networking is (or can be), every time you write something you risk rubbing the people who follow you the wrong way. You probably want to avoid the “I’m Eating Breakfast” messages that I’ve joked about, but how close to that standard is it OK to get, in the interest of being social?

I use Foursquare on my Droid. I’ve told you about the service / game / social networking tool before, and I’ve said both here and in conversation that I’m not really sure what its purpose is. The test goes on, but I’ve disabled one of Foursquare’s features.

Foursquare will no longer send my activity to Twitter. >> update 29-April-2010: you may have noticed I recently turned Twitter updates from Foursquare back on.

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Is Yelp in the Extortion Business?

How’d you like to be review site Yelp? Before you answer “you bet!”, consider this blog post from The New York Times.

A real quandary.

Let’s assume that Yelp’s position (“we’re just the place where people say things and so we aren’t responsible for what people say when they come here”) is fair and right and legally correct.

Let’s further assume that in talking to businesses that contact them with problems their sales pitch includes careful wording, such as “we don’t police this stuff for strangers, but we do make calls to verify information on behalf of paying customers as part of our service to them”.

Have they then done anything wrong?

It SOUNDS creepy, but in my opinion they really aren’t doing anything wrong under those very specific circumstances. The problem crops up when their sales people are something other than clear  . . . or when people think they’ve been something other than precise.

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Google Kills the Droid

Ahh, Droid. We barely knew ye . . .

This week, Google introduced a version of Google Earth for Android SmartPhones. In large part, I don’t care; Google Earth is very cool, but compared to Google Maps it has limited real-world use.

And Google Earth requires version 2.1 of the Android operating system. Which means that it won’t run on the Droid, which has been available for just over three months.

Aside from being a Droid user and being in sour-grapes mode, maybe you think I shouldn’t care. You’d be wrong. Android is the fastest-growing operating system for SmartPhones, and Google is splintering the market for that operating system, which like Google Earth and the Nexus One is also a Google product.

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I Don’t HAVE An “Any” Key!

Who said using computers was easy?

I’ve been a computer geek (umm . . . not really, but close . . . think of me as Leo LaPorte without the bazillion viewers) for a long time. I remember the days when people thought that the little tray that popped out of the front of your computer at the press of a button was a coffee cup holder. No, I’m not kidding.

I go back even further than that, actually; in the old days of MS-DOS the most common system error was one that to get you to acknowledge a problem read “Press Any Key To Continue“. I’ve had people tell me that they couldn’t find the “Any” key on their keyboards. Again, I’m not kidding.

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Congress, Business Change, Health Care Reform and California

Something’s gotta give. Something is going to. Business Change isn’t just an idea; it’s become an imperative.

In a world where the health care we provide for people isn’t even good enough for animals, where famous columnists like Nicholas Kristof and economists like Paul Krugman—very different guys with diverse right and left leanings— are stating the same thing, it’s time.

Politically speaking, it’s a hot potato. The number of people you cross by passing health care reform is huge and the number you cross by not doing so is equally high. And not being from California and looking at our left-coast liberal contingency in exactly the stereotypical way that we East Coasters usually do I see the nearly-forty-percent-jump in that group’s health insurance premiums and . . . shrug. But if President Obama fails to get a meaningful health care reform bill passed, and soon, very bad things are going to happen.

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To Tiger Woods: Next in Business Change is Firing John Kerry

Do you want to hear what I think of Tiger Woods’ apology-heard-round-the-world? I’ll tell you, but let me be clear this is a business change conversation, and not a gossip piece.

If you want to watch the entire speech Tiger gave today as apology for his recent behavior, you can see it here.

Here’s what I think: I don’t care how good a golfer this man is; I can’t look at him any more. I’m not making a moral judgment; Tiger Woods, like anyone, is a human being, and human beings make mistakes. We should all stay out of his personal life, period. Being a celebrity does indeed open you to scrutiny, but nobody needs to know what happens inside Tiger Woods’ home.

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Patent Trolls, Business Change, & Carping by The Uninformed

The Whining Has Gone Mainstream. Even the Whining Required Whining.

Yesterday, there was a lengthy article in The New York Times about companies that buy patents and then go after companies using the matter covered by those patents for licensing fees. Specifically, the article talked about Intellectual Ventures, a company run by the guy who was in charge of much of the science in Microsoft’s early days.

Steve Lohr, the author of that article, is apparently so passionate about the subject that he needed to write a blog post follow-up this morning. And as blog posts often do, that article reads more like opinion than journalism.

I’m fine with that. Yes, newspapers need to be dispassionate to a point, but in a world of competing 24-hour news channels it’s OK to add opinion (so long as the opinion is kept separate from the news).

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Business Changes in Phone Apps? Not at Mobile World Congress

This week in Barcelona, Spain a conference called Mobile World Congress is happening. The attendees are employees of some of the world’s biggest and most influential companies: AT&T, Apple Computer, Motorola, Google, Microsoft.

Their goal? To consolidate the market for the software that runs on SmartPhones. Summing it up if you’re from Apple, you might say: “there’s an app for that, but only if you use an iPhone”.

So let’s see: Apple, the undisputed leader in the SmartPhone market (but losing share quickly to Android), would like everyone’s software to run on everyone else’s phones? And Microsoft, who have released yet another version of their phone software, is looking to be cooperative with their competitors?

Yeah. This ought to work.

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Your Web Site Doesn’t Belong To You

A few days ago, and with no notice at all, Google deleted a handful of blogs. <POOF!> Gone. Just like that.

Most of the attention to this has focused on what those blogs did; they were repositories for music, and while there were reviews attached (for example) to legitimize the blogs’ purpose, they were in fact making copyrighted materials available without the permission of the copyright holders.

And that, as you know, is generally not legal.

There’s a very small piece of me that finds the debate and protest against Google’s action fascinating. And it’s a huge protest; search Twitter for #Musicblogocide2K10 to see (Or Google itself once Twitter’s history expires). I’ve covered various aspects of music and movie piracy a few times (see here and here)  and how studios are taking more successful steps to get us to pay for Movies and Television on the Internet.

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Doing Business Means BEING a Business

Today, a tweet caught my attention. The question, posed by Anita Campbell, was whether the existence of services like LegalZoom caused more people to incorporate their small businesses.

The answer is no.

Ms. Campbell links to a story on her own web site that appears to say otherwise. But growth notwithstanding, services very much like LegalZoom have existed for years, are as easy to use, and cost (and have cost) about the same amount. So, once again: no, more people are not incorporating “because of LegalZoom”.

More small businesses are incorporating because it’s the right way to do things. The best business change is one where that change causes something important to happen, and incorporation creates new ways of managing finances, clearer rules for tax deductions, a layer of protection for personal assets that sole proprietors don’t have, and a more professional image.

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Google’s Aardvark Business Trust: The More Things Change …

Doug Leeds, US President of Ask.com, has a point to make: “at the end of the day, people would rather Ask for something than Google it”. (credit where it’s due: the quote is from this article from yesterday’s New York Times).

More credit: Mr. Leeds is correct . . . sort of. He’s wrong if he believes that people are interested in abandoning their Google.com search habit in favor of Ask.com, but we’ve all stared at that Google search box, not quite sure what to type in, then been frustrated by the results of our choice of search terms.

So wouldn’t it be better if you could ask your questions in natural language, have your search engine understand what you mean, and return the correct results?

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People Who Live In Empty Heads Shouldn’t Throw Stones

I can think for myself. So can you. While a lot of what I write here has the potential to be inflammatory in one way or another and while nothing’s off limits, I don’t spend a lot of time being purely political.

Yes, I’ve commented on health care reform, and Barack Obama’s non-connection to ACORN. But there’s always context; health care reform is a business change that I believe everyone in the United States needs badly, and my comments on ACORN and President Obama’s connection to Hookergate was really about the idea of what business change is: I said then and I repeat now that those ACORN community organizers teaching the undercover filmmakers about how to run a successful prostitution business were nevertheless teaching someone how to be in business.

I wish Sarah Palin would go away.

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“Kids Don’t Blog.” Gee, No Kidding?

So it turns out that young people have stopped blogging.

Really? When were they?

It was only a few months ago that kids thought Twitter was stupid, and unsafe. Now, young people are embracing the world’s hottest social networking site in droves. But the impetus for this change isn’t that Twitter has become any better; the deal here is that regular blogging takes too long, while just spewing your thoughts 140 characters at a time is easy!

When I told you a few months ago that Miley Cyrus had stopped using Twitter, my commentary ran toward how bad a business decision that was. My recent comments about Kim Kardashian and her $10,000 Titter posts have been about business change in the advertising world and how things that look unimportant can be huge.

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