January 18th marks a day that huge sites like Reddit, Wikipedia and many others – just noticed that OSNews.com is also protesting as well as a black bar over Google’s logo at Google.com – plan to shut down their sites in protest of the highly controversial Stop Online Piracy Act and the Protect IP Act. Why should you care?

(SOPA) would authorize the U.S. Department of Justice to seek court orders against websites outside U.S. jurisdiction accused of infringing on copyrights, or of enabling or facilitating copyright infringement. After delivering a court order, the U.S. Attorney General could require US-directed Internet service providers, ad networks, and payment processors to suspend doing business with sites found to infringe on federal criminal intellectual property laws. The Attorney General could also bar search engines from displaying links to the sites.

Effectively, all it would take would be a complaint from somebody in the MPAA and RIAA, or some intellectual property (proven or not) holder will be able to complain that your website is an agent of some form of piracy. This is an oversimplified look at what these bills provide and attempt to do; however it’s an attempt to stop foreign websites from pirating American software, movies and music. And to do so, it grants these rights holders the ability to influence your ISP to block sites as well as disallow search engines to display results that they deem are infringing on their rights.

To date, DNS/ISP blocking has been removed from these controversial bills. But there’s still a lot of “teeth” in the bills that allow intellectual property and copyright holders the ability to point their finger and have a website deemed a website that’s committing piracy.

You don’t have to imagine where this is going. Go to YouTube now and you will not being able to hear some more music since the Universal Music Group (UMG) has disallowed uploading any of their catalog. Now imagine that power Internet wide. That’s just the start. And there are no provisions against false accusations. The burden of proof is on the site to prove their innocence.

So what is piracy? We all know websites that allow wholesale downloading of movies, music and software *cough*PirateBay*cough* but with highly visible sites like YouTube being monitored already, imagine the entire Internet under that type of scrutiny. Love a song, link to a YouTube video that’s not yet censored, you might be considered contributing to piracy. That’s a bit extreme, but who’s saying that it will not end there. Sure, some sites do nothing but link to pirated material. There’s no use for those sites other than assisting piracy. Fine, go after those sites.

But SOPA and PIPA are structured mainly to restrict access to the Internet based on rules, accusations and the lawyers that they employ that are always shifting to support their agendas. And that agenda is simply to make money from what they consider lost sales to piracy. In many cases, historically, it’s been proven that those that will pirate were not going to buy the software/music/movie anyway. And in the end, those that are paying customers walk away with the feeling that they are being treated like criminals.

Bills like this have existed in one form or another for the last decade. Ten years ago, SSSCA was another attempt at such a law that empowered the film and music industry and regulate all digital media via restricting and downright crippling copy restriction preventative measures. Think DRM on a much more invasive level – but not as invasive as Sony Music putting a rootkit on your PC.

Learn more about PIPA and SOPA. Write your representatives, even the ones that do not support PIPA/SOPA. Boycott the companies that support SOPA and PIPA. Make your voice and opinion known. And find out why Lamar Smith (Republican – Texas) is so damn hung up on this bill.

[ Links: SOPA, SOPA and PIPA: Just the Facts ]

Apple, CNN and many other news outlets have announced that Steve Jobs has lost his battle to pancreatic cancer and has passed away.

Known for his innovative spirit, terse responses to e-mails that were sent directly to his well-known e-mail address and for single handedly reviving Apple from the brink of death back to where they have sold 250 million (plus) Apple iPhones, sold over 16 Billion iTunes songs and gained share and have become a force to reckon with in the music and video industries as well; Steve Jobs will be missed.

[ Links: Apple - Remembering Steve Jobs ]

France was one of the first countries to impose laws that require ISP’s terminate the service of users who repeatedly engage in copyright infringement. Under the rules, the entertainment industry tracks offenders and submits infringement claims to a specifically-created government agency named Hadopi. Hadopi then works with ISPs to obtain personal information and send out warning letters or kick people off the Internet. By October, the industry was already making 25,000 requests per day, a daily total they’d like to see at around 50,000. However, according to the Record Labels, Hadopi isn’t sending out warnings fast enough for their liking, only sending out about 2,000 per day.

Techdirt correctly wonders about any kind of accuracy in the claims process when you’re working at that speed:

Think about how many mistakes are being made when you’re sending 50,000 notices per day. Over the course of about five years, the RIAA apparently sued less than 20,000 people and still made a lot of mistakes. US Copyright Group got a lot of attention for accusing a few thousand people of file sharing particular movies and also appears to have made a lot of mistakes. Yet, here, with Hadopi, the labels are accusing 50,000 people per day, and are upset that Hadopi isn’t just rubber stamping all the notices? It appears that the record labels don’t care at all about what happens if they accuse totally innocent people.

Of course the goal of the record labels with any of these campaigns has never been accuracy or fairness. The goal has long been to generate media coverage and create fear, something that’s easier to do with the government’s help. Of course this is all a rather expensive taxpayer and ISP funded game of whack-a-mole, where non-infringing users can easily get caught up in the wash. Meanwhile, France piracy rates remain stable or growing as people simply move to less-watched alternatives like direct downloads.

Link to the original article…

Last week it was discussed at length how the investment community would like the public to believe that the shift to low cap and high overage broadband pricing is “inevitable.” We also discussed how cable industry lobbyists would like the public to believe that such a shift isn’t about making more money, it’s about helping the poor. Not only is the metered billing push absolutely about making money, it’s about artificially constricting the pipe to protect uncompetitive carriers and TV revenues from Internet video. But instead, there’s a very concerted effort afoot to portray this shift as necessary, inevitable, and even altruistic.

Most consumers prefer the simplicity of flat rate pricing, and understand that ISPs are perfectly profitable under the flat-rate pricing model. They also understand that this is a pipe dream forged by never-satisfied investors, and once implemented ends with ever soaring per gig fees and ever shrinking usage caps.

The PR campaign continues this week, with Hewlett-Packard’s Joe Weinman claiming at GigaOM that not only is such a pricing shift “inevitable,” but that it’s a shift that actually originates with consumers, not investors or ISP executives. Weinman starts out on the wrong foot immediately, by confusing “pay per use” with low cap and high overage pricing models:

For the record, I like unlimited Internet access just as much as anyone else. However, such plans appear to be on their way out, and here s why. As explored in “The Market for Melons”, pay-per-use is not an evil plot by greedy robber barons, but a natural outcome of independent, rational consumer choice. Consider a town with an all-you-can-eat (flat rate) buffet and an a la carte (pay-per-use) restaurant. Smart shoppers on diets will save money by patronizing the a la carte restaurant, whereas heavy eaters will save money by visiting the buffet…. Bottom line: it is not the proprietors driving this dynamic, but the customers themselves acting out of pure, rational self-interest

Except for the thousandth time, ISP’s are not interested in real pay per use plans because the majority of their users (who simply check e-mail a few times a day) would downgrade to $5 tiers and cost carriers billions. What ISPs are proposing is flat-rate pricing with costly per gigabyte overages (completely detached from any real-world costs, which for ISPs are fixed or dropping) layered on top. Meanwhile, the suggestion this is a consumer driven push is absurd. This is an investor driven push for obvious reasons, and you have to wonder if Weinman saw the consumer reaction when Time Warner Cable proposed charging consumers up to $5 per gigabyte then insisted such pricing was for their own good.

Weinmen offers up a second post in which he hallucinates a laundry list of supposed benefits that will occur from this change in pricing paradigm. Most of them revolve around technology platforms designed to aid this monitoring and metering of usage and billing, which we’ll go out on a crazy limb and guess is precisely what Weinman is selling at HP. Unfortunately, Weinman begins his sales pitch just like the cable industry traditionally has by pretending this is an inevitability consumers want, and that such a pricing shift is financially necessary. Neither are true.

Link to the original article…

With Comcast and NBC’s immense lobbying firepower, there’s virtually no chance their merger will be denied by regulators and while there will be some conditions, recent history suggests the conditions may only give a quick nod to substantive consumer protections. According to the Wall Street Journal however, these conditions will be “significant” focused largely on preventing Comcast from withholding, or threatening to withhold, NBC Universal’s programming from competitors. The Journal also claims that the FCC is considering imposing some kind of network neutrality requirements on Comcast’s network:

The FCC is looking at all parts of Comcast and NBC Universal’s combined online-video distribution chain for ways Comcast could promote content over its rivals. The agency is considering imposing a “net neutrality” condition on Comcast’s Internet network, banning it from deliberately slowing or blocking legal traffic. FCC staff members are meeting twice a week with commission Chairman Julius Genachowski about the deal and have set an internal deadline of circulating proposed conditions by mid-December, according to a person familiar with the review.

Given the contentiousness of network neutrality and the FCC’s seeming unwillingness to seriously tackle this issue, any neutrality language will likely be very vague and focused on simple transparency if it even survives the final cut at the FCC. According to the Journal, final DOJ approval could come within weeks, though Comcast is apparently kicking back at any proposed conditions that would cover Internet video.

Link to the original article…

The iPad is a unique innovation that allows people to access the internet, personal documents, and a variety of applications while on the go. The iPad combines the best features of a laptop and an iPhone in order to offer uses a tablet that is easy to transport, fun to use, and includes a screen just big enough to comfortably watch videos, browse pictures, and even read books. However, while the iPad was the first and currently most popular tablet to be released, there are a variety of others that can compete with its technology.

The Blackberry Playbook.

This tablet offers users a 1 GHz dual-core processor, 1 GB of RAM, and all of the capabilities of a laptop. The Blackberry Playbook is great for internet browsing, game play, video, and can even be used for video conferencing. What makes this tablet an iPad competitor is its Flash capabilities and its camera. While the screen is almost three inches smaller than the iPad, users can take pictures and enjoy carrying a lighter tablet.

The Dell Streak.

Currently, at five inches, this is the smallest tablet offered. While this may appeal to some users, others might dismiss this tablet in favor of one offering a bigger screen. However, this tablet is extremely portable, offers a camera, and at $299, is much more affordable than the iPad.

The WePad Android Tablet.

The WePad is an 11.6 inch tablet, offering a 1.66GHz processor, memory expansion options, a camera, and supports Flash. This tablet also has a SIM card slot and two USB ports, which is an upgrade from the iPad. While this tablet offers users a larger number of features than the iPad, it is a bit pricey. These tablets range from $611 to $744, which may just place them out of many consumers’ price range.

The Samsung Galaxy Tab.

This Android tablet will appeal to users comfortable with Google. This tablet is also priced approximately $100 less than the iPad and includes a camera, which the iPad is lacking. While 7-inch tablet may not be as large as the iPad, it supports Flash, offers memory expansion options, and will appeal to shoppers looking for a deal.

The Amazon Kindle 3G.

There are a number of things about the Kindle 3G that makes it a strong iPad competitor. The first thing is its price. The Kindle 3G retails for $189, which is hundreds of dollars cheaper than even the most affordable iPad. The second thing is the fact that the Kindle screen uses e-ink, and can be read easily outside in direct sunlight. While users cannot watch videos or use apps, the affordable price is a huge benefit to many budget conscious consumers with simple needs.

When she’s not getting excited about new gadgets, Britney Baker writes about prepaid cell phones for PrepaidCellphones.net. Her latest article took a look at the GoPhone from AT&T.

I’ll have to admit that this is the first Christmas shopping season where I’ve yet to complete my shopping – been way too busy and there’s been way too many gadgets that I’ve wanted for myself. With that said, it looks like BradsDeals.com and Yahoo! Shopping are trying to find a way to make the next 60 (or so) days of this shopping season and beyond that much easier for all of us online shoppers.

BradsDeals.com, the leading website for shopping deals and advice, and Yahoo! Shopping, the #1 comparison shopping site are expanding their commitment to providing consumers with the best deals this holiday season. This year they are building upon their successful partnership on with “60 Days of Deals!” where each day through January 5, 2011, Yahoo! Shopping, Yahoo! Deals and BradsDeals.com will showcase one exclusive offer from a major retailer.

“Our editorial team (at BradsDeal.com) is tracking sales and coupons for the season’s must-have items at nearly 1500 retailers. A ‘BradsDeal’ is what happens when we match one of those valuable coupons with a deeply-discounted sale item.”

With Yahoo! Shopping involved, over 20 million people have access to these 1500+ deals. Take the hint, don’t be lazy and check it all out. I know that I will.

[ Links: BradsDeals.com, Yahoo! Shopping ]

I’m writing this while waiting for some work to be done on my car; but if anything I am sitting here reminded how over the last 2 days or so, I have been reclaiming my original setup due to the disastrous OTA by AT&T for my Samsung Captivate.

And celebrating how the Android communities helped me out in more than just a few ways.

So what happened? While out and about, I noticed that the phone was communicating with AT&T and downloading something. Since I am on that ultra-restrictive 200mb data plan per month, I canceled it. Bad thing to do.  According to MANY reports at the XDA-Developers forums, that is the last thing you want to do. In fact that is one action that will actually brick your phone. Not the lag fix, not gaining root access to your phone, not overclocking to 1.2ghz, nor flashing community sourced firmware.

No. Canceling an OTA update may brick your phone. And is there a warning? Nope.

So after a few hours of frantic searching and research, I used Odin to flash back to JF6, obtained root again, installed ROM Manager, used the Clockwork Mod to flash the Cognition 2.1.1 update that included the JH7 OTA update, applied the Voodoo lag fix, recovered from my Titanium Backup of my apps and fine tuned the settings and contacts.

And speaking of the contacts; that service from AT&T sucks. It will overwrite instead of merge each and everytime. Not cool AT&T. Y’all already on my bad side. Due to the restrictive data and a healthy fear of getting overcharged for data of all things.
AT&T… I cannot say that I’m happy with you. Android community; you’re the true heroes in my book.

If the Android community has helped you out, I insist that you donate to them. I have.

France was one of the first countries to impose laws that require ISPs terminate the service of users who repeatedly engage in copyright infringement. French anti-piracy outfit Trident Media Guard this week began tracking offenders, and will be submitting infringement claims to ISPs. ISPs must then tie the IP to a name, send letters to users, then ultimately disconnect them after repeat offenses. The size and expense of the operation is fairly staggering, as Torrent Freak explores:

The copyright holders will start relatively “slowly” with 10,000 IP-addresses a day, but within weeks this number is expected to go up to 150,000 IP addresses per day according to official reports. The Internet providers will be tasked with identifying the alleged infringers’ names, addresses, emails and phone numbers. If they fail to do so within 8 days they risk a fine of 1,500 euros per day for every unidentified IP address.

For scale, Time Warner Cable recently complained about similar lookup requests in relation to the “lawsuit-o-matic” campaign being conducted by the U.S. Copyright Group arguing that the maximum number of such requests they could handle was 28 per month; each of which Time Warner Cable claimed cost them $45. Of course in France, consumers are simply flocking to direct download, UseNet or other un-tracked piracy options, while ISPs are left footing the bill for the entertainment industry’s latest Sisyphean endeavor.

Link to the original article…

As noted back in July, the Apple iPhone 4 has an antenna design flaw that results in users losing signal when the phone is simply held. Given the flaw only rears its head in areas with weak AT&T signal, it’s not a problem that’s impacted all iPhone 4 users, allowing Apple to brush aside the design flaw as imaginary, irrelevant and/or common to all smartphones. Apple issued a statement today noting that users wanting a case only have until September 30 to get it, and that Apple “knows now” the antenna issue is “even smaller” than they thought:

We now know that the iPhone 4 antenna attenuation issue is even smaller than we originally thought (citation needed). A small percentage of iPhone 4 users need a case, and we want to continue providing them a Bumper case for free. For everyone else, we are discontinuing the free case program on all iPhone 4s sold after September 30, 2010. We are also returning to our normal returns policy for all iPhone 4s sold after September 30. Users experiencing antenna issues should call AppleCare to request a free Bumper case.

Big or small (and Apple offers no evidence to support this either way), the phone’s design still has a flaw that’s been left unfixed. In August, an executive for Mexican wireless carrier Telcel claimed a hardware revision was coming at the end of September accounting for the end of the free case program, but this hasn’t been confirmed. It still seems likely that later production runs of the iPhone 4 will somehow address the flaw, but Apple’s remaining mute on this either way.

Link to the original article…

Out with Olli-Pekka Kallasvuo, a 30 year Nokia vet and in with Steven Elop, former president of Microsoft’s Business Division. Due to leave September 20th for his new digs as the Nokia CEO, no replacement has been announced at Microsoft to replace Steven Elop quite yet. Steve Ballmer has released a letter (see below) that announces Elop’s resignation and how Microsoft will continue forward.

CNET – In a late night press release, Nokia said it has hired Elop to replace Olli-Pekka Kallasvuo, who will leave his position on Sept. 20. Kallasvuo, a 30 year Nokia veteran, will also leave the company’s board but remains non-executive chairman of Nokia Siemens Networks.

“The time is right to accelerate the company’s renewal; to bring in new executive leadership with different skills and strengths in order to drive company success,” Nokia Chairman Jorma Ollila said in a statement.

I wonder how this will effect the upcoming Nokia N8, Nokia N9 and MeeGo plans.

[ Links: CNET, Ballmer's Letter to Microsoft Employees ]

“White space” broadband technology could use unlicensed and partially vacated spectrum created by the shift to digital television to create a new wireless broadband delivery system. You’ll recall that in 2008 the National Association of Broadcasters was busy bickering with the companies pushing white space usage (Dell, Google, Microsoft), and the FCC began fielding comments on possible rules for the technology. According to the Wall Street Journal, the FCC may vote on final white space rules at their upcoming September meeting, though the agency has a mountain of unresolved issues already on their plate.

Link to the original article…