I Don't Believe in Imaginary Property writes "The US Court of Appeals for the Federal Circuit upheld a ruling by a lower court that Dish Network DVRs infringe upon TiVO's patent on a 'multimedia time warping system'. According to some analysts, this could not only make Dish liable for damages, it could force them to shut down their DVR service, harming their customers. The patent in question has already been reexamined once and the ruling on appeal (PDF) was unanimous."

Read more of this story at Slashdot.

Create a unique barcode by entering personal information about yourself. #

Well here are a couple stories to leave you with as we head into Super Bowl weekend. Every year it seems there's some insanity concerning the NFL somehow trying to abuse intellectual property rights above and beyond what they're designed for. Remember, the NFL thinks that it can tell reporters how to report on a game, while also forcing them to advertise for NFL sponsors. It also has been known to issue bogus DMCA notices. And, of course, don't forget that not only has the NFL bullied people into believing that you can't use the phrase "The Super Bowl" in an advertisement, after many advertisers switched to the euphemism "The Big Game" to appease the NFL, it tried to trademark "The Big Game" as well.

This year, the big news (as submitted by a lot of you), but first by Ryan, is that the New England Patriots have applied for a trademark on "19-0" to represent the undefeated season the team will have if it wins this season. The NY Post, snarky as ever, filed for a trademark on 18-1 in response, supporting the home town NY Giants. This, of course, seems rather ridiculous. What would happen in future seasons if some other team was able to go 19-0? There's also the question of hubris in declaring yourself 19-0 before that final game. On that note, you can already pre-order a book about the 19-0 season, even though it hasn't been completed yet.

That's not all, though. Last year, we had a story that got tremendous attention about the NFL stopping churches from having Super Bowl parties, if they had a TV that was bigger than 55". There was a lot of fuss about it, and you would think that, perhaps, the NFL would let it slide this year. Not so. Ethan Bauley writes in to let us know that, once again, the NFL has been going around stopping churches from holding Super Bowl... er... The Big Game... er... "Best Commercials Of The Year, Interrupted By Some Game" parties, for having TVs that are too big.

So, remember, as you watch the... event... this weekend, to do so on a TV smaller than 55", do not refer to it as "The Super Bowl" or "The Big Game," make sure to notice the photojournalists wearing sponsors' clothing, and certainly do not put a fair use clip on YouTube. And, perhaps, cheer on the Giants in their effort to make the 19-0 trademark question a hypothetical, rather than practical, question.

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NewScientist is reporting that NASA has kicked their previous space partner, Rocketplane Kistler, to the curb and is in search of a new commercial space partner. The new partnership will try to develop a new shuttle to service the International Space Station. "The GAO's decision clears the way for NASA to select a new COTS partner in addition to SpaceX, whose partnership with NASA continues. Only $32 million was paid to Rocketplane Kistler, leaving $175 million for new partnerships."

Read more of this story at Slashdot.

A few years back we wrote about states that were passing inexplicable laws requiring anyone selling goods on eBay for others to get an auctioneer's license, something that can be quite costly and sometimes requires a long-term apprenticeship. It appears just such a law is being used in Pennsylvania to go after a very successful eBay seller (via the Agitator). The story in that case is even more ridiculous, since the woman in question only began selling goods on eBay in order to be able to stay at home with her young daughter who was diagnosed with a brain tumor. Even though the woman stopped (and got a job outside the home) as soon as the state notified her that she was illegally selling goods, the state is still moving forward prosecuting her. While the state told the reporter that the maximum fine the woman faced is only $2,000, her lawyer read the charges in a way that suggested she could be on the hook for up to $10 million. The whole thing seems pretty pointless. Selling on eBay is quite different from running an auction house. If anything, laws like these seem designed to limit competition in an effort to protect an incumbent industry. As another eBay seller facing similar charges notes in the article: "It's like the buggy-whip manufacturer's deciding whether these newfangled automobile manufacturers can do it without a buggy-whip license."

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We’re happy to have added web-designer and author Dan Cederholm’s freshly redesigned and popular SimpleBits to the list of places carrying ads from The Deck, our advertising network targeting web, design and creative professionals.

Dan is a perfect edition to the group. His territory is the area between practical, technical design issues and those defined more often by talent and taste. As far as we’re concerned, that’s a pretty sweet place to be.

Welcome aboard, Dan!

ARMSFLOW.org is a data visualization project that shows international arms transactions between 1950 and 2006. The site (a big ole Java applet) was created by Jeffrey Warren of Vestal Design, based on data from Stockholm International Peace Research Institute.

Link, via monochrom blog.

I Don't Believe in Imaginary Property writes "The TSA has opened their own blog. According to Ars Technica, it's beginning to attract complaints from people who are sick of removing their shoes and having to forfeit their drinks. 'The blog's first post has 131 comments so far, almost all of which fall into one of two categories: TSA employees who got the internal memo about the blog launch and dropped by to post positive things, and citizens who are really mad about the liquids screening policy.'"

Read more of this story at Slashdot.

Decision: Blogs vs. New York Times.

For the last couple of weeks I've been emailing with people from the LongNow Foundation and Martin Nisenholtz of the NY Times, to determine who won the bet.

Ultimately we asked the foundation to consider all the argument and make the decision.

They published their decision today. It's well worth reading because it answers some of the questions raised by the bet, for example, what is a blog, and how does Wikipedia relate to blogging. I don't agree with everything in the decision, but I do like the result -- we won.

The beneficiary of the bet? The World Wide Web Consortium. I chose them as the charity to receive the proceeds if I won the bet because web standards are what make it all work and the W3C is central to standards on the web.

It always amazes me when movie industry execs complain that the models we discuss wouldn't work for the movie industry. That's ridiculous, because in many ways, it's already working for the industry. As Marcus Loew once famously said: "We sell tickets to theaters, not movies." The movie has never been the "product." The experience of seeing the movie is the product, and so the focus shouldn't be freaking out about "pirates" while making the movie-going experience worse. It should be the opposite. It should be about enticing people to want to go out to the movies by giving them something extra that makes it worthwhile. Going to the movies is a social experience. It's much cheaper to eat dinner at home, but plenty of people go out to eat at restaurants because those restaurants (while more expensive) give people a reason to go (better food quality, better service, a chance for a night out, no need to cook or wash the dishes, etc.). There's no reason why the movie industry can't do the same.

While we've talked about a number of different ideas for enticing more people to go to the theaters (beyond making the experience better, why not let people buy a discounted DVD of the movie they just saw as they exit the theater -- if they really liked it, many will want to own it to see again, and to see the extras?). Mark Cuban, who has actually been at the forefront of many of these ideas (and, also happens to very involved in the industry, though more on the independent side) has an interesting new suggestion. He points out that only a small number of people actually buy the soundtracks associated with movies -- but if you want to attract more people to go to the movie, why not give them the ability to download the soundtrack of any movie they go see in the theaters. Put a special code on the ticket stub that takes them to a download store -- and on that store include the soundtrack as well as extras, such as the script from the film. Obviously, this content will be spread around and can be accessed by others, but many will value the fact that by seeing the actual movie they get access to the official content. As Cuban notes, this can also be a win for the music industry, as a portion of the movie ticket sales can be used to compensate them as well. It's yet another example of the model we've discussed repeatedly: using infinite goods (music, script) to make the scarce good (seats in a theater for a show) appear to be more valuable.

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Weird Weekends was a BBC2 show (1998-2000) about weird people and weird movements in America: UFO hunters, survivalists, white supremacists, habitual Vegas gamblers, porn actors, swingers, and so on.

It was hosted by Louis Theroux, son of writer Paul Theroux. A few days ago I downloaded a bunch of episodes of Weird Weekends from Google Video, and I have been enjoying them as much as any television I've ever seen. Even the ones I didn't think I'd be interested in (infomercial inventors) were fascinating.

Theroux is funny without being obnoxious, and his sense of curiosity is strong enough to make him ask potentially embarrassing but profoundly revealing questions of his subjects. The people Theroux interviews immediately feel comfortable around him because he is so friendly and non-threatening, which makes them open right up to him. (The only time I've seen anyone get mad at him was when he was interviewing a white racist skinhead family and he refused to tell them if he was Jewish or not.)

He also wrote a book in 2005 called The Call of the Weird: Travels in American Subcultures, where he goes back and visits the people he interviewed on his program. I just bought it but I'm going to hold off reading it until I've finished watching all the episodes.

Here are the videos I found (some are from later shows called When Louis Met... and another show called Louis and...). Each one is about an hour long, and you can download them to your iPhone or computer if you want to watch them offline: Survivalists, Neo-Nazis, Westboro Baptist Church, Porn Industry, Black Supremacists, Swingers, Body Builders, UFO Hunters, Apertheid Diehards in South Africa, Legal Nevada Brothels, Thai Brides, Gangsta' Rap, Hypnosis, Televangelists, Demolition Derby, Off-Off Broadway, Wrestling, Vegas, Enlightenment, San Quentin State Prison

Authorities in Afghanistan have sentenced a 23-year-old journalism student to death for having downloaded and shared copies of a report criticizing the oppressive treatment of women in some Islamic societies. Snip from Wired News Threat Level blog:

Sayed Pervez Kambaksh (at right), who is a journalism student at Balkh University and a writer for Jahan-e Naw, was sentenced last October after downloading a report from a Farsi website that criticized Islamic fundamentalists who misrepresent statements in the Koran to justify the oppression of women. Kambaksh was arrested after someone filed a complaint against him. He is accused of blasphemy for distributing the report to other students and teachers at his school.

He was tried by a sharia court (which overseas Islamic religious law) and was not allowed legal representation, according to news reports. The Afghan Senate passed a motion this week supporting the sentence, according to the British newspaper The Independent.

Link.

Reporters Without Borders (RSF.org) has a statement on the case here, and a petition for Kambaksh's release here.

It's not too hard to remember the day when a lot of people couldn't receive text messages on their mobile phones. I still sometimes ask people to see if they use text messages. Apparently, if they're on T-Mobile, I shouldn't even bother. Even if you don't want to use text messaging, T-Mobile requires users to accept messages... and to pay for them. That's resulted in a class action lawsuit against the company for unfairly forcing people to pay for text messages they don't want. While it may not be a huge issue right now, if SMS spam picks up, it could become a very important issue.

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Engadget has a couple of great videos depicting the new 'Noahpad' laptop offering from E-Lead. This laptop offers a new kind of touchpad that is integrated with the keyboard. An interesting idea to be sure, but I doubt I could ever get used to typing on something this strange.

Read more of this story at Slashdot.

invisibastard writes "Linux Tech Daily has an interview with KDE's Sebastian Kuegler. Sebastian talks about the KDE 4.0 release event, goes into detail about how KDE has improved its processes and much more. '[...] there are many easy ways to help. The most obvious is helping people installing KDE, answering questions on forums, IRC and other media. Lately, we're getting also an increased amount of requests for speakers. Often local LUGs are interested in talks by KDE knowledgeable people. It might sound a bit scary, representing KDE in your local LUG, but it's really what KDE is about. Everybody comes from a local community, that is where our grassroots are. People often don't think that they are entitled to represent KDE, but that's just not the case at all. In fact, the marketing and promo team have a hard time finding enough speakers for all events. Slides are usually available, so it doesn't need all that much preparation.'

Read more of this story at Slashdot.

Okay, a few days ago I wrote a review of the Diving Bell and the Butterfly saying it could be the best picture of 2007, but even so you might want to skip it because the truth it reveals might be something you don't want to look at. It's a fine picture, but a tough one.

Another wonderful but tough picture is No Country for Old Men. It's one of those movies that leaves so much unresolved that you walk out of the theater not sure which foot goes in front of the other. On a second viewing it makes much more sense. The world isn't necessarily as crazy as it at first seemed.

But there's a movie that is also incredibly well crafted, and gets better every time you think about it -- Juno. I didn't realize how much I liked it until I heard someone compare it to Little Miss Sunshine, a movie that I did not enjoy, unlike everyone else it seems. I loved Juno because it organizes its sweetness into love for one person, the star of the movie, Juno. But everyone, no matter how dorky or clueless (and some of the adults are truly dorky and clueless) shares the love. The movie has a wholeness, an unqualified goodness, you not only walk out of the theater in love with Juno and everyone else in the movie, but your heart is warmed for everyone, including yourself. It's that good.

All three remind how good movies can be.

And there were some not-too-bad movies at the end of 2007, for example, Atonement, which some didn't like, but I did. 3:10 to Yuma is a well-crafted genre picture. Michael Clayton was a perfect showcase for the talents of George Clooney. Great acting and a simple story in The Savages.

Which one was the best? I'd hate to have to choose!

A farmer in the Green Belt outside London secretly built an elaborate castle without planning permission, hiding the work behind a wall of hay-bales. Now that the word has gotten out, they're going to knock it down:

A British farmer named Robert Fidler is fighting to keep the city from bulldozing his castle that he built by hiding the construction with hay bales. Officials were unaware of the elaborate castle because hundreds of bails of straw concealed it for four years, the UK Daily Telegraph reported Friday. After Fidler, 59 unveiled his home to neighbors in 2006 he was served a planning contravention notice the following March, which ordered demolition of the structure.

Link (Thanks, Dan!)