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"It is the mark of an educated mind to be able to entertain a thought without accepting it."
-Aristotle

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I am a co-founder of Notches, an early stage startup currently based in NYC. We are building a free, open reviews network that anyone can participate in and anyone can build on top of. You can find out more on our official blog.

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All Tags » Rants » Law (RSS)
  • When will the NFL Network standoff end?

    Like so many others , I was furious when I couldn't watch the Packers-Cowboys games a few weeks back. The NFL Network is only carried on satellite which is simply not an option for many of us in urban areas like NYC. For those who haven't been paying attention, there's been a long-running standoff between the cable companies and the NFL network. (ComCast carries it at a premium, but neither Time Warner or Cablevision offer it, free or otherwise). To sum up: The NFL wants its network carried on basic cable packages with channels such as ESPN or CNN, where it can reach the broadest possible audience. Cable companies including Time Warner Inc. say it belongs on a sports package, or tier, where its audience would include only those fans willing to pay extra. I am a huge fan of the NFL and would certainly subscribe in a second. Much like the issues with net neutrality, the problem is that we're not dealing with a perfect market. If Time Warner doesn't offer me the ability...
  • Taking on WestLaw and LexisNexis

    Carl Malamud is taking on WestLaw and LexisNexis . Carl Malamud has this funny idea that public domain information ought to be... well, public. He has a history of creating public access databases on the net when the provider of the data has failed to do so or has licensed its data only to a private company that provides it only for pay. His technique is to build a high-profile demonstration project with the intent of getting the actual holder of the public domain information (usually a government agency) to take over the job. Carl's done this in the past with the SEC's Edgar database , with the Smithsonian , and with Congressional hearings . But now, he's set his eyes on the crown jewels of public data available for profit: the body of Federal case law that is the foundation of multi-billion dollar businesses such as WestLaw. There's not much content there yet, but this would be such a welcome development if it takes off. The prices that WestLaw and LexisNexis charge are...
  • Was DRM-free music an Apple innovation?

    Some people have tried to paint the recent announcement by Apple as example of Apple innovating and Microsoft following . Headlines like " Microsoft changes tune on selling DRM-free songs " are simply misleading - none of the technology companies truly wanted DRM, but they were a necessary evil in selling music that they did not own. As I've discussing in previous posts , Microsoft, Real Networks, and Yahoo! were all instrumental in the anti-DRM movement. Most labels seem to get it - these decisions and stratregy are more often coming from the corporate parents, not the labels themselves. In fact, Gates criticized DRM months before Jobs' manifesto a month ago, and EMI had been reportedly been considering releasing DRM-free tracks in MP3 format for awhile. This initially-exclusive deal with EMI simply demonstrates Apple's significant marketshare for purchased music and influence in the market. The mere fact that Apple was lucky and/or powerful enough to convince a major label to do something...
  • More on the Music Industry's Slow Death

    This letter from a former customer further illustrates how the music industry is alienating its customers. While I would like to say I responded with something witty, I must admit to being completely flummoxed. There I sat, a loyal music fan who has shelled out actual money to a business that is supposed to be having financial problems, and the best they can do is tell me to wander the streets of Seattle looking for different internet providers who might allow me to download the music that I have already paid for, music that I have spent the better part of three house trying to listen to, and which is still unusable?” As I said before, sometimes piracy isn't about getting it for free . Given the choice of paying for crippled digital music in two months or downloading free, unrestricted music today, is it really any surprise that they choose the latter? You have record companies paying major labels for airtime, but putting arguably their best promotional vehicle out of business by jacking...
  • Steve Jobs and Apple telling half-truths about DRM

    This has already been covered ad nasuem , but I thought I should mention Apple's denouncement of DRM last week. Steve Jobs summarily dismissed Apple's DRM as a result of demands from the record labels. Since Apple does not own or control any music itself, it must license the rights to distribute music from others, primarily the “big four” music companies: Universal, Sony BMG, Warner and EMI. These four companies control the distribution of over 70% of the world’s music. When Apple approached these companies to license their music to distribute legally over the Internet, they were extremely cautious and required Apple to protect their music from being illegally copied. The solution was to create a DRM system, which envelopes each song purchased from the iTunes store in special and secret software so that it cannot be played on unauthorized devices. I have no doubt that the record labels are concerned with putting unprotected music out there, but Apple is also in no rush to do away with DRM...
  • Do strict laws encourage anti-social behavior?

    Mowab writes : [T]he idea, generally, is that you encourage community and cooperation by removing the safeguards that would keep you safe if you’re antisocial or don’t try to cooperate. What’s interesting is the corollary argument that social safeguards actually encourage antisocial behavior; they assume such behavior is going to occur, they plan for it, they legitimize it, and therefore ensure it will exist. Does this mean that the more we regulate or try to make our world safer, the more we’ll actually be making our world more chaotic, and less safe? A very interesting premise that I generally agree with. Strict rules, in many ways, serve as a way to rationalize away responsibility. The people don't feel a need to protect each other because there are laws that will protect us. It's similar to the idea that people are more likely to help out if no one else is around. If you're the only one capable of rescuing someone, you are probably going to feel a greater personal...