Monthly Archives: November 2009

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Groovy: Java Enum Generation from XML

Besides the obvious use of Groovy to write applications, Groovy is also very useful for performing Java development related tasks such building applications, deploying applications, and managing/monitoring applications. In this post, I look at an exam… Continue reading

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Local UK Newspaper Chain Tries A Paywall

Slowly, but surely, we’re seeing some regional newspapers try out a paywall. We’ve already seen Newsday, on Long Island, put up a paywall, but it’s more about reducing churn than actually getting people to pay (and early reports are that not many are paying). Now, as a bunch of readers sent in, Johnston Press, in the UK has announced a paywall as well, asking £5 for three months of access (which certainly beats Newsday’s ridiculous $5/week plan. I’m glad that some newspapers are actually trying this out, as it was getting a bit tiresome hearing them all threaten to do so without any actual action. Now we can actually see what happens. Of course, my opinion on the matter has been clear. I think it will be a lot more difficult to get people to pay than these publishers believe, and it will be a lot more expensive to manage than they believe. Also, the writers for the papers behind paywalls might not like the fact that no one knows who they are any more. At the same time, it will only serve to open up the competitive market for others to come in at a better price point (i.e., “free”) and scoop up a significant percentage of the advertisers who are seeking to reach a larger audience.

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The Uselessness Of Amazon’s Announcement That Kindle Is Its Best Selling Product

A few folks have sent over some version of the story that the Kindle is outselling every other product on Amazon. Of course, that’s somewhat meaningless, as the folks at Gizmodo smartly point out. Because you can only get the Kindle via Amazon, and that makes the number completely different than other products:


When Amazon tells you that the Kindle is the highest-selling product on Amazon, you’re supposed to think of it as you’d think of anything else: as a strong, reliable metric in gauging how well a product is doing in general. The thing is, there is no “in general” for the Kindle. There is only Amazon. Anyone who wants a Kindle and doesn’t normally shop at Amazon has to make an exception. Anyone who wants a Kindle and doesn’t normally shop online has to make an exception. The Kindle didn’t outsell the iPod Touch–not even close.

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Facebook Photos Coming Back To Haunt Users In Surprising Ways

There have been a bunch of stories lately about how pictures that people put up on Facebook are coming back to haunt them in unexpected ways. First, we have the case of Adam Bauer, a University of Wisconsin-La Crosse student who had been careful about who he friended, but chose to accept a friend request from an unknown user, because “she was a good-looking girl.” Turns out that the “good-looking girl” was actually the La Crosse police, who ticketed him for underage drinking because of a photo on Facebook of Bauer holding a drink. This reminds me of a case we wrote about six years ago, involving a woman who posted some naked photos of herself at some locations around Lincoln, Nebraska — leading the police to charge her with violating local no-nudity laws.

The other story that a bunch of folks have submitted was the case of a woman who who lost her disability insurance benefits because of photos on Facebook. She was on sick-leave due to a diagnosis of depression. Yet, somehow the insurance company got access to her Facebook photos that showed her out having fun — at a birthday party, on vacation and the beach and at a Chippendale’s show. Now it’s entirely possible that there was insurance fraud going on. Or, it’s also possible that someone who had been diagnosed with depression was trying to put her life back together. It’s a bit difficult to think that an insurance agent looking at photos online is better at diagnosing the situation than a trained doctor.

In both of these cases, the issue is that photos might not tell the whole story. Making major decisions based just on some photos uploaded to social networks seems fraught with potential problems. I could certainly see using them as part of a larger investigation, but it doesn’t seem like that was the case in either situation. But, in the meantime, it’s a reminder that your privacy is increasingly disappearing — and you may be surprised about decisions that others make about you based on what you assumed was perfectly innocent activities.

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French Courts Continue To Penalize eBay For Actions Of Users

While more and more courts seem to be understanding that eBay shouldn’t be responsible for what users are selling on its site, it appears that French courts are a bit confused. Last year, a French court fined eBay $63 million because counterfeit LVMH products were being sold on the site. Of course, eBay has no way of knowing what’s legit and what’s not, but the French court didn’t seem to care. A similar case, also involving LVMH, but concerning Google ads, was also ruled in LVMH’s favor, but it was appealed to the European Court of Justice, and a judge there has already indicated that it makes little sense to blame the company. But that isn’t stopping the French courts. eBay has now been fined yet again, because of a French ban on selling even legally purchased brands of LVMH perfumes if you’re not an authorized distributor. eBay is appealing the ruling, saying that banning the resale of legally purchased goods doesn’t make sense and harms consumers. However, a much bigger question is why eBay should be liable at all. It’s not eBay doing the selling, but users on the site.

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Dear Peter Mandelson… Dan Bull Sings His Opposition To Kicking People Off The Internet

Musician Dan Bull seems to be carving out a nice space for himself responding to UK efforts to make copyright law more ridiculous than it already is, by voicing his opposition in song. A few months back, we wrote about his awesome open letter to Lily Allen (full disclosure: I get a brief mention) and now he’s informed us that he’s back again with an open letter (in song) to Peter Mandelson, called Dear Mandy:

I wonder if someone rich and famous has to buy Mandelson dinner before he’ll actually listen to it.

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Microsoft actively urges IE 6 users to upgrade

A shopping video and eBay promotion are part of Microsoft’s effort to give IE 6 users a reason to upgrade. The company also is trying to move corporate customers away.

Originally posted at Deep Tech

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If We Don’t Kick People Off The Internet For File Sharing, Football Will Die

We’ve discussed in the past how the UK’s Premier League’s fear of the internet has been a case study in what not to do online. But it seems that the Premier League bosses still want to push forward with plans to make it more difficult and more annoying for fans to actually watch matches. Jeff T alerts us to an opinion piece in The Guardian from the CEO of the Premier League, Richard Scudamore, in support of Lord Mandelson’s Digital Economy Bill for kicking accused (not convicted) file sharers off the internet. It’s the usual rant against “piracy” without much basis or knowledge:


Without the safe passage of the bill — requiring ISPs to take firm measures against unauthorised filesharers who are currently streaming and downloading with virtual impunity — the marker that this is theft isn’t even set down, educating consumers cannot begin in earnest, businesses cannot begin to develop new models because the market won’t be functioning properly and, most importantly of all, the current levels of investment that create jobs as well as talent will be lost. And that is when the real cost of digital theft would become apparent.

And yet, even as he writes those words, the creative industries that he insists are dying have been growing. How? Because the business models have been adapting just fine — even without additional artificial barriers to competition or the ability to kick people off the internet. And, in the case of the Premier League, Scudamore seems to be leaving out an awful lot of important facts, such as how incredibly limited an online offering the Premier League has put forth, which is a large part of the reason why lots of people stream it illegally. He also tosses out some totally made up “facts” such as “the UK leads the world in illegal downloads of TV programmes, with up to 25% of all online TV piracy taking place here.” Well, perhaps it’s not totally made up since he uses the magic words “up to.” But if there is a problem with file sharing of TV shows in the UK, it’s likely (as Jeff noted in his submission) because the “creative industries” that Scudamore insists are so important still delay the release of popular shows in the UK and demand that online streaming sites like Hulu not work outside the US.

Piracy is not the problem. Piracy is only showing folks like Scudamore that they’re doing a terrible job in meeting demand. He doesn’t need people kicked off the internet to adjust his business model. Lots of others are already doing so.

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Hungry fail whale eats up Twitter lists

Did you spot it? In response to a high level of error messages, Twitter temporarily disabled its fledgling “Lists” feature.

Originally posted at The Social

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More ACTA Leaks; Still Looking Really Bad

Yet again, despite all the secrecy and bogus claims of “national security,” the details behind what’s being proposed in ACTA have leaked, and they don’t look good at all. It’s basically an attempt to force the worst of the DMCA on much of the rest of the world, with a few carefully chosen modifications. While there are lots of issues, it’s worth noting the most basic of all, found in the first paragraph that contains the “general obligations” of participating countries. As Michael Geist details:


These focus on “effective enforcement procedures” with expeditious remedies that deter further infringement. The wording is similar to TRIPs Article 41, however, the EU notes that unlike the international treaty provisions, there is no statement that procedures shall be fair, equitable, and/or proportionate. In other words, it seeks to remove some of the balance in the earlier treaties.

This is the sort of thing that you really have to watch out for in these types of agreements. The lobbyists for the entertainment industry are amazingly good at carefully selecting or omitting words that, to the casual observer, don’t seem all that important. However, in the long-term, they can change the entire thrust of an agreement. By leaving out the requirement that enforcement be “fair, equitable and/or proportionate,” it makes it much easier for the industry to push for more and more draconian enforcement measures under a typical game of leapfrog or “ratcheting,” where they focus on getting one country that’s agreed to ACTA to impose something draconian, and then insisting that everyone else has to follow through in the name of “harmonization.” Be aware of these sorts of tricks as the Hollywood lawyers will waste little time in leaping forward with claims that these rules really aren’t any different than what’s already in place. Of course, if that were actually the case, they wouldn’t be arguing so hard for these new rules. They know how to work the system.

The second paragraph is also a bit troubling, as it would require a contributory infringement setup, or an “inducement standard.” The industry has been pushing for this for a while, and while it failed to get the INDUCE Act passed in the US, it effectively got close with the troubled ruling in the Grokster case, written by a Justice who clearly admitted to not understanding basic technology. The problem with any sort of inducement standard should be obvious (though, it seems like it’s not to maximalists): you are creating a liability for someone based on the actions of others. That should always be seen as a bad idea. However, the entertainment industry loves it, because they would rather fight legal battles against a small number of file sharing services and sites, rather than the users of those service and sites.

Even worse, by “harmonizing” these sorts of things via international treaty, we are left in the same troubled position we are on other similar treaties like Berne and TRIPS, whereby countries are locked into very specific rules on how intellectual property must work, and are unable to make serious and meaningful changes, based on their own knowledge of what works best to encourage and promote progress. Having a very small body of folks, heavily influenced by industry lobbyists, decide exactly what copyright laws must be does not allow for experimentation and actual knowledge of how these sorts of changes impact creative output. They’re designed to hide the damage done by bad copyright law, rather than figure out a way to fix it.

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