A couple years ago, on a whim, knowing nothing at all about the movie, I rented the documentary Who the #$&% Is Jackson Pollock?. It’s a really amazing documentary. Compelling, well-done and really entertaining. The reviewers loved it too. It tells the story of a truck driver woman, who bought a painting for $5 at a garage sale, and is convinced that it’s actually done by Jackson Pollock. The movie has numerous amusing scenes with famed art experts staring at the painting and dismissing it in the most… condescending of tones. Eventually, the “hero” of the film is a guy named Peter Paul Biro, who matches a fingerprint on the back of the painting to one he found in Pollock’s (still preserved) studio. The movie ends and you’re absolutely convinced that the painting is really by Pollock — even if the art world won’t recognize it. At the end of the film, the truck driver who bought the painting has turned down a $2 million and a $9 million offer for the painting, holding out for the $50 million she’s sure it’s worth. I highly recommend watching it (though, oddly, I can’t seem to find any video clips of it online — not even a trailer for the flick).

Remembering that, I was fascinated to see that The New Yorker recently did a long feature piece on Peter Paul Biro and dove in to read it. The first half of the article covers Biro’s rise to fame. How a few of these “fingerprinting” authentications had made him quite famous, with that documentary ratcheting up his fame level even higher. The key point that everyone keeps noting is that, rather than the traditional form of authentication — the condescending art experts in the documentary who are ripe for mocking and use what often feel like extremely subjective techniques — this involved science. After all, if the fingerprints matched, how can you question that?

But, then, the article takes a turn. There are a few cracks in the story, and someone who knows Biro well suggests that the reporter, David Grann, look a bit more deeply into Biro’s (and his family’s) history. It turns out that they were involved in several lawsuits years earlier involving selling what were later found to be forged artwork. Of course, painting forgeries are nothing new, but as Grann dug deeper and deeper he kept coming across evidence that Biro’s “authentications,” may have involved questionable practices — including planting faked fingerprints on some of the paintings he was supposed to be authenticating. It’s an amazing and gripping article — and totally calls into question pretty much all of Biro’s work. At the end of it, I was just as convinced that the truck driver’s “Pollock” painting is not by Pollock, as I was that it was by Pollock at the end of the documentary!

But I found most interesting of all was the reasons why so many people were convinced that Biro’s authentications were real. It wasn’t just the use of “science.” And it wasn’t just that people had this natural inclination to believe that so-called “art experts” don’t know what they’re talking about, but that Biro appears (and, for what it’s worth, Biro denies the allegations in the article) to have used what are effectively social engineering tricks to make this work. There’s a certain brilliance in realizing that rather than forging paintings, there may be money to be made in authenticating works by effectively forging fingerprints on top of other works — which then gives it the air of legitimacy-via-science. Honestly, the whole idea that someone would go in and forge fingerprints on top of a piece of art work just doesn’t seem in the realm of possibility, and so most people didn’t even consider it.

I had started reading the article last week (as mentioned, it’s pretty long), but ended up finishing it up now, because I was thinking some more about the recent story of those glass negatives that have been “authenticated” as being from Ansel Adams — which Ansel Adams’ estate is vehemently denying are Adams’ work. After reading The New Yorker piece, it’s difficult not to be increasingly skeptical of the claims of these new negatives, even with all of the “scientific” evidence that has been mentioned by the team involved in the authentication.

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Years back, I was a Comcast cable modem subscriber. That was until they spent a whole month cutting off my service, every single day, from 10am until about 4:30pm. Each day I would call to ask what was up, and I was told it was “scheduled maintenance.” I asked for said “schedule” so I could plan around it, and was told that there was no schedule — which made for an odd form of “scheduled maintenance.” I also asked if it would be happening the next day as well, and was always told that I wouldn’t be able to find out until the connection disappeared again. I dropped Comcast and switched to DSL. Even though Comcast is now much faster than my DSL, that experience so soured me that I have no interest in ever going back.

While Comcast has received a lot of attention for its “Comcast Cares” initiative (the head of which recently left the company), it certainly looks like they have a few kinks to work out. Phil Anderson points us to the story of Comcast demanding the $0.00 a customer owes and threatening to turn off service if it’s not received.

It’s not hard to figure out how something like this happens. For whatever reason, the customer didn’t owe any money that month — perhaps a credit, or he had overpaid in a previous month, or something like that. But, Comcast’s system is probably set up with the recording of “a payment” separate from the amount, such that not receiving any payment sets off a red flag, with no simple check to see if the reason is that no money is owed. You would think that this is something that Comcast would have caught a lot earlier…

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There’s been plenty of talk about whether or not software patents should be legal, and one of the “debates” we often run into in the comments is over whether or not the “software industry” really believes in patents or not. Some patent system supporters claim that most of the industry does, in fact, support patents, but it’s a noisy bunch who is against them. Unfortunately for those who believe that, some new research is suggesting quite a different picture. It seems that a rather large majority of software firms don’t seek patents and don’t believe they’re helpful or provide any real incentives:

Three-quarters of the D&B firms had no patents and were not seeking them. Because the D&B firms are, we believe, typical of the population of software startup firms in the U.S., their responses may be representative of patenting rates among software startups generally. It is, in fact, possible that the overall percentage of software startup patenting is lower than this, insofar as patent holders may have been more likely than other software entrepreneurs to take time to fill out a Berkeley Patent Survey.

For the most part, these firms just didn’t think getting a patent was worth it. For all the talk of how patents protect companies and act as an incentive for investment in big projects, most software execs seem to disagree:

One of the most striking findings of our study is that software firms ranked patents dead last among seven strategies for attaining competitive advantage identified by the survey

Instead, they believe that a first mover advantage is a lot more important followed by “complementary assets,” which is basically offering scarce services to complement the software.

The execs were also asked how much incentive patents provided for developing software, and the answer was about as close to none as you could expect. On a scale from 0 to 5, software execs said that patents were a 0.96 as an incentive for inventing something new and a 0.93 in commercializing a product and bringing it to market (innovating). And, before you say that this was skewed by people without patents, the report notes:

the results did not change significantly even when focusing only on responses from software entrepreneurs whose firms hold at least one patent or application. Even patent-holding software entrepreneurs reported that patents provide just above a weak incentive for engaging in these innovation-related activities.

The other interesting finding? If a firm is venture-backed, it’s more likely to get patents, but this doesn’t appear to suggest that the patents are valuable. It seems to indicate that entrepreneurs still believe the old claim that venture capitalists want to see patents, so they feel the need to get patents just to show to investors.

On the whole, it certainly appears that the vast majority of the software industry isn’t interested in patents, don’t find them useful or important, and certainly don’t see them as creating an incentive. Even those who get patents don’t see much value in them, and appear to only get them because they feel pressured to get the patents for external reasons. All in all, this is a pretty damning bit of research for those who suggest patents help the software industry.

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Planning a barbecue, dinner party, or anything else that means group resource gathering? Divvyus lets you dole out those tasks in an orderly fashion.

Originally posted at Web Crawler

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Want to put videos longer than 10 minutes up on YouTube? It’s now a reality, with a new 15-minute limit.

Originally posted at Web Crawler

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Remember the school district in suburban Philadelphia involved in a lawsuit over secretly taking webcam images of students? The school initially denied things, and later said that it had only used the feature 42 times to help find lost or stolen laptops. However, a law firm brought on by the school to investigate its use of the LanRev system found 58,000 images were taken. That’s led some other students to realize that they might have a beef with the Lower Merion School district as well. A second student has now filed a lawsuit against the school after discovering that the school took 469 secret photographs from his webcam over the course of two months.

What happened was that the student lost his laptop on December 18th. The laptop was found by a teacher and returned to the student on the 21st… but also on the 21st, the school’s IT folks turned on LanRev’s “TheftTrak” service. Even though the laptop had been returned to the student, the LanRev system was never turned off. It took 469 secret images and captured 543 secret screenshots. It wasn’t turned off until that first lawsuit was filed, and someone in the IT department realized there might be an issue there…

What’s really scary? If a school administrator hadn’t revealed the whole system to the first student by showing him a photo of him at home, this would still be going on and none of the students would know about it. The only reason this lawsuit is being filed is because of the information that came out during the investigation into the first incident.

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Just last week we were talking about Perfect 10′s lawsuit against Google in Canada, where we noted that in Perfect 10′s own bragging press release, it effectively admits that its takedown filings were not properly filed. They admit that they just sent images to Google saying that it owned the images, without telling Google where they were actually located to take down. This was the same charge that Rapidshare recently made against Perfect 10, noting that the company seemed to purposely not want companies to take down their images, so that it could sue.

Thankfully, in the US version of the lawsuit (in which Perfect 10 seems to lose over and over and over again), the judge noted this failure by Perfect 10 to properly file DMCA takedown notices and dismissed large parts of the lawsuit. Similar to what Perfect 10 bragged about and what Rapidshare claimed, it appears that Perfect 10′s “notices” were hardly informative. It also seems to have gone out of its way to make it difficult for Google to quickly respond — including sending the notices to the wrong email address. As EFF notes:

For example, many of its “notices” consisted of a cover letter, a spreadsheet with URLs (many of which linked only to a top-level URL for a website, as opposed to a specific infringing URL) and a hard drive or DVD containing Perfect 10′s electronic files of its photos. Not good enough, said the court — the information required by the DMCA must be contained in a single written communication; forcing a service provider to cobble together adequate notice from a variety of sources is just too burdensome.

While this is entertaining in that it’s the latest in a long line of legal smackdowns against Perfect 10 and its questionable litigation strategy, this ruling could be important in a variety of other cases as well. One of the key issues being fought about in a series of cases is what constitutes “knowledge” for a service provider, requiring it to take action under the DMCA. In both the Veoh/Universal Music case and the YouTube/Viacom case, judges found that the knowledge had to come from specific DMCA takedown notices, that indicated where the specific infringing works were. However, in the IsoHunt case, a judge went in a different direction, claiming that “red flag” knowledge was enough. That is, if there was enough information out there to raise a “red flag,” then the service provider needed to take action.

Now, we’ve long argued that such “red flag” knowledge is somewhat meaningless. If I know that lots of people are using a tool for infringement, but don’t know which specific works are infringing, how can I be expected to do anything specific? Since there’s no way for the service provider to pinpoint which works are infringing — even if they know that many works likely are infringing — then how can the service providers act in a way that doesn’t create massive collateral damage for legitimate communication?

But this ruling, again, effectively is a vote against the concept of “red flag knowledge,” since you could make the argument (and, Perfect 10 did) that even in the absence of a complying DMCA takedown notice, sending over its mess of information could constitute a red flag. But, as the judge properly notes, that makes little sense. The ruling goes through the ridiculous hoops that Google would need to jump through in order to find and take down specific works, and notes that the DMCA clearly did not intend for that to happen.

Of course, this isn’t the first time that Perfect 10 has lost on this exact argument. The CCbill case involved more or less the same questions about “red flag” knowledge, and Perfect 10 lost there. This ruling relies heavily on that one. But, we seem to keep racking up rulings that say that any “red flag” knowledge still requires specific notification of what is infringing — with the IsoHunt ruling being the one exception. It makes you wonder if the IsoHunt ruling is on a collision course with all of these others.

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With all of the buzz lately around the fantastically successful Old Spice campaign, some numbers are finally starting to trickle in about whether or not the campaign actually translated into more sales of the body wash. Although initial reports suggested that the ads did little to boost sales, according to Nielsen, sales of the body wash rose 107 percent in the past month. That said, the increase cannot be necessarily attributed entirely to the social media campaign, since a coupon campaign for the body wash was also running at the same time. In an age, driven largely in part by the supposed traceability of online advertising, where there has been a large push to track ad spends all the way down to individual purchases, this ad campaign reiterates the adage attributed to John Wanamaker: “Half the money I spend on advertising is wasted; the trouble is I don’t know which half.” Since this campaign was very much a branding campaign, just because it happens online does not necessarily make it more traceable, so it’s difficult to say what percentage of the increase can be attributed to the campaign. That said, at least for me, I know I considered buying some Old Spice body wash when I was at Walgreens last week, and apparently I was not alone.

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ReallyEvilCanine alerts us to the news that the game Plants vs. Zombies has decided to change its dancing zombie, because Michael Jackson’s estate complained that the zombie looked too much like Jackson. It’s true. The zombie is obviously designed to look like Michael Jackson, and my guess (details are lacking) is that the estate threatened a publicity rights claim over the use:

This seems pretty silly. Publicity rights rules were put in place to try to stop people from thinking a famous person had endorsed a product. I can’t see how anyone could have possibly thought that Michael Jackson or the Jackson estate had endorsed this particular game, or the dancing zombie Jackson.

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