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July 28, 2005: Arrests in Identity Theft scheme that netted $1.2 million and helped finance law school education
3 men have been sentenced in connection with a identity theft and fraudulent credit card scheme that resulted in around $1.2 million being scammed.
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October 04, 2005: Arrests in Identity Theft and Mortgage Fraud Scheme
Sam Hilany was arrested for stealing over $3 million in an identity theft and mortgage fraud scheme.
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Losing the rights to your music
Microsoft is tightening its DRM and generating a lot of heat in users:
  • Microsoft Media Player shreds your rights: 'Think DRM was bad already? Think I was joking when I said the plan was tostart with barely tolerable incursions on your rights, then turn thethumbscrews? Welcome to Windows Media Player 11, and the rights get chippedaway a lot more.'
  • Microsoft DRM To Get Even Tighter: 'I think I'm going to wait for Windows Media Player 12 to come out, whichreportedly will include DRM that doesn't let you listen to your music atall. All the major recording labels are on board with this format, so we mayfinally get a realistic alternative to iTunes without the clumsy Mac-likeinterface. Plus, it won't cost much more per track than the average iTunessong now. There will also be more visualizations included to help youimagine what the music you're playing actualy sounds like.'

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Finally, A Private Label Rights Package Anyone Can Afford
I’m sure you’ve seen all the private label rights sales that are popping up everywhere like flies lately.The thing about all these sales is that they come with a price tag that is out of the reach of most new and struggling internet marketers.Here’s where this get’s exciting…My friend Jason Oickle relizes that not everyone [...]
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Successfully Merging Litho and Digital
The merger of offset lithography with digital printing is a highly successful technique that maximizes the benefits of both technologies.
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Digital language lab
Digital language lab. software development:
  • ETNL is an Offshore Outsourcing Company
  • that offers Software Development Services
  • Web Designing services, Digital Language
  • SEO Services, Software Development. . .
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Mobiltel deploys Vallent's performance management solution
Bulgarian mobile operator Mobitel has contracted Vallent to provide its performance management solution for Mobitel's GSM and UMTS networks.
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November 26, 2005: Arrests in Credit Card Cloning Scheme
Arrests have been made in a ring that used cloned discovered cards at Wal-mart stores across the country.
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ISO digital rights mgmt. spec gets huge backing
Slew of entertainment, consumer electronics and technology companies pledge support for ISO MPEG REL.


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Home media not here yet
Digital home 'still 10 years off': 'The vision of a digital home is still 10 years away, says a leading music technology entrepreneur.' [BBC News
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Solution Standards: Web Design, Web Development, Graphic Desgin
Solution Standards: Web Design, Web Development, Graphic Desgin . web content management system: content management system
  • reliable web development services
  • reliable web design services
  • reliable web hosting services
  • e-commerce services
  • content management system
  • reliable graphics design. . .
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Ciliegia 0.0.9 released
Ciliegia is a scriptable shell that uses a subset of Scheme to configure. Not the easiest shell to configure but powerful and resource friendly.

Related Links:

  • http://nicht.s8.xrea.com/2006/02/ciliegia/

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230 years young, and still controversial

In the echo of the Supreme Court’s resounding affirmation last week of the rights of individuals to a fair trial, of the limits of the power of the executive, and of a system of checks and balances—in other words, the principles on which our country was founded, ill-defined war or no—this 230th anniversary of the independence of our country seems especially dear. So I like to turn back to the source of much of that dearness, as well as to look around for some other words of inspiration. As Thomas Jefferson wrote in the last letter of his life, ten days before his death:

May it [the Declaration of Independence] be to the world, what I believe it will be, (to some parts sooner, to others later, but finally to all,) the signal of arousing men to burst the chains under which monkish ignorance and superstition had persuaded them to bind themselves, and to assume the blessings and security of self-government. That form which we have substituted, restores the free right to the unbounded exercise of reason and freedom of opinion. All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of God. These are grounds of hope for others. For ourselves, let the annual return of this day forever refresh our recollections of these rights, and an undiminished devotion to them.

The emphasis, of course, is mine.


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More Data On Digital Sales Shows RIAA Claims As False
 />I recently blogged about <a href='http://p2p.weblogsinc.com/2006/06/13/riaa-claims-win-innovation-has-been-contained/'>the RIAA's new public message that P2P file-sharing has been contained</a>, and how the real truth is <a href='http://p2p.weblogsinc.com/2006/06/13/riaa-claims-win-innovation-has-been-contained/'>P2P file-sharing is still on the rise</a>. Today, <span class='reg9U'>Thomas Mennecke of Slyck points out that not only is P2P use on the rise, but <a href='http://www.slyck.com/news.php?story=1222'>weekly digital sales numbers are declining as well</a>. <br /><br />'</span><span class='reg12'><em>According to Neilson</em>[sic]<em>/Soundscan's statistics, in January '06, 17.56 million tracks were sold. This number fell to 16.68 million in April. Although this decline is modest, it's a direction few in the music industry want to see. By comparing the trend lines of digital sales in 2005 and 2006, the two appear precariously destined to collide in early 2007.</em>'<br /><br />It's highly unlike Bainwol to dismiss P2P as a problem; he obviously has access to Soundscan numbers and to any research I'm able to dig up. So what's the rub? </span><span class='reg12'>I'm still <a href='http://p2p.weblogsinc.com/2006/06/13/riaa-claims-win-innovation-has-been-contained/'>betting</a> that the RIAA's new public stance is a method to distance itself from the continued bad press generated by individual lawsuits against 18,000 Americans.<br /><br />[via <a href='http://www.slyck.com/news.php?story=1222'>Slyck</a>]<br /> </span><h6 style='clear: both; padding: 8px 0 0 0; height: 2px; font-size: 1px; border: 0; margin: 0; padding: 0;'></h6><a href='http://p2p.weblogsinc.com/2006/06/16/more-data-on-digital-sales-shows-riaa-claims-as-false/' rel='bookmark' title='Permanent link to this entry'>Permalink</a> <BR><a href=read more:

military and patriotic custom wreaths (fort hood) $25
hi i make custom military wreaths or any wreath you desire ! i have 4 sizes available 10,12,14,18 and a 12in heart shape..you can chose any material any saying anything you like..prices range from $25 to $55 . i make acu wreaths as well which is the uniform the army wears and i also make them for other branches i have the digital woodland for the marines and digital airman material and for the navy i use white material with any decor you like i have bdu's which is the cammo i believe they still wear i can use your loved ones own uniforms if you like as well!!! all my wreaths are treated with a craft weather glaze! and the military materials are all weather resistant material !!
check out more pics on my website. i will ship if you wish not to come to pick it up!

http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=376464502
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Kinks founder given top music award
Kinks founder Ray Davies is given an Icon award by US performing rights organisation Broadcast Music Inc.
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ASP Spell Check 1.4 ($ 99) (By ASPSpellCheck.com)
International Spell Checking for ASP Web Forms, Content Management & WYSIWYGS.
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Digital Music Forum announces lineup
March 1 meet will focus on digital music copyright issues and the viability of online music business models, among other topics.


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EMP 5.5 On Schedule To Ship December 1st 2004
The next major release of EMP is releasing December 1st.New features include: myEMP personal whitelist management and quarantined message processing.
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SIMPLIFIED SCRAPBOOKS - digital, custom, hardbound scrapbooks (Round Rock)
www.simplifiedscrapbooks.com
www.simplifiedscrapbooks.blogspot.com
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Off to Silicon Valley and LA
So I'm off to San Francisco/Palo Alto to meet some contacts and attend the Always On conference at Stanford this week. After that it's on to LA to chat to a few 'digital hollywood' execs and mobile people...
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GNP's Defeat is Judgment on President - Digital Chosunilbo
The Grand National Party suffered a crushing defeat in local by-elections on Wednesday. The GNP fielded candidates in seven out of nine precincts across the country that chose new mayors, county and district chiefs. But it won in only one, Cheongdo ...
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David Burnett on digital photography

David Burnett talks to the New York Times on what cameras he uses and why he mainly shoots digital now - he's another Canon 20D user.  The article is interesting, but the audio slideshow is much more interesting.  He explains that he uses a number of different cameras depending on the type of photo he's going for and on the slideshow there's a few examples.

I love my 20D, but it's not a camera that I can use all the time, it's just too big, so I also have a Canon SD500 which I've mentioned before.  I'll get different types of photos from each camera; I can't do the same things with the SD500 that I can do with the 20D, but I can take it places a 20D just isn't appropriate.  It's hard to be inconspicuous with a large SLR camera and buy the time I've tweaked the settings the moment is lost.  The SD500 I use for more spontaneous photos, I don't mess with the settings, just accept the defaults and let the camera deal with the situation and most of the time it does a great job, probably better than I could have done manually.  Take this as an example - that was shot at dawn directly into the rising sun with the SD500 and captured the scene exactly as I wanted it.  The 20D on the otherhand lets me get photos like this, which the SD500 wasn't able to manage (subjects lit entirely by candle light on a moving boat).  The SD500 also shoots video, a feature I never thought I'd use as I've always prefered still shots, but I found a few instances when video captured a scene much better than a still image could.  The 20D as you'd expect from an SLR doesn't capture video.  Different tools for different jobs.

The New York Times also has some tips on digital photography, nothing really new to me there, but it might be off interested to any just getting into digital.


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Saddle Binding of Digital Documents
Binding method is frequently dictated by the thickness of the piece. Saddle stitching provides a fast and cost-effective way to bind booklets, brochures and catalogs.
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Do You Want Two Brand New PLR Videos Every Month?
I received an email from another marketer called Ken Reno with some information that I just had to pass on.————————————————————In A Hurry? Take A Look Now.=> http://www.fastwealthnetwork.com/likes/11dollarvideos————————————————————Ken has just set up a brand new Private Label Rights video site and is giving you two brand new, EXCLUSIVE Screencast Videos, Each and Every Month.The best [...]
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Places Going Fast. Lock In Your Low Price At $11 Videos.
Places at Ken’s new Private Label Rights Video site are going fast so grab yours whilst you can.————————————————————In A Hurry? Take A Look Now.=> http://www.fastwealthnetwork.com/likes/11dollarvideos————————————————————Remember Ken is capping membership to this site at 250 and he is getting close to that limit.Personally I have not come across another PLR video site [...]
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Aligning Inner and Outer Visions of Technical Communication: Reflections Beyond Traditional Technical Writing
Technical communication is often misunderstood by those outside the profession or the academic field. These outside perceptions of our work, generally based on extremely limited and narrow notions of the field, can influence the opportunities available to technical communicators. In this paper, three faculty members from the University of Washington's Department of Technical Communication describe their academic assumptions and research activities that range far beyond traditional areas from technical writing such as writing, editing and production. They describe projects that represent the expanding boundaries of the field of technical communication, spanning domains (including medicine, corporate, and public service), methods (including contextual inquiry, content analysis, case studies, and log file analysis), and solution types (including content management, user driven content, computer mediated communication, and strategic management of systems). What these projects share is abroad vision of the field of technical communication and a broad vision of the contributions that technical communication professionals have to offer. Haselkorn, Mark P., Geoffrey Sauer and Jennifer Turns
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shapes from shapes - new artwork from wajid
six new digital mainpulations in the new "shapes from shapes" series by wajid yaseen, created from photographs of dancers he's working with.
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Canon SD500 first impressions

I've always owned Canon cameras and was looking around for a new small digital camera and decided on the Canon SD500.  I haven't had a small camera for a few years - the last being a Canon S100 (the original digital Elph/Ixus) which I enjoyed using.  My goal with this camera is to be a companion to my digital SLR mainly for use when carrying the SLR isn't practical, so this is more of a backup camera.

First, the basics.  The SD500 is small.  It's about the size of a deck of cards.  Small doesn't mean featureless though, it has a resolution of 7.1 megapixels and a 3x optical zoom.  Storage is via an SD card.

What's in the box?  Just the basics that you would expect, a USB cable, battery and an A/V cable.  There isn't an included cases which is a shame as the camera looks like it could get scratched easily and it would be nice to have something to protect the large LCD on the back of the camera.  Canon do sell an accessory kit though which is highly recommended as it includes a case and a battery which can often be purchased for less than the cost of the battery.

Canon include a 32 megabyte SD card with the camera which will store just 9 photos at the highest resolution and quality. A 1 gigabyte card will hold about 360 images.

The camera is pretty easy to use with an intuitive menu system operated with the buttons on the back of the camera.  When turning the camera on you'll be greeted with an irritating noise from the internal speaker, thankfully this can easily be disabled in the customization menus, which also allow you to change the noise made when a photo is taken (a shutter sound is just fine thank you) and the background picture displayed when turning the camera on - not a feature I'd ever care about.  Startup time is good, the camera is ready to be used almost straight away, which wasn't the case for earlier models.  The LCD displays is large and bright and gives a good impression of the final output of a photo.

The camera has a 3x optical zoom and a digital zoom which much to my surprise was disabled by default on the camera.  I've never been a fan of digital zoom and it's nice to see Canon encouraging people not to use it by disabling it by default.  It's far better to zoom and crop on a computer than it is on the camera.

Picture quality is impressive so far.  I haven't taken many pictures yet, but I have no complaints with the output.  The camera supports USB2.0 so transfers to a computer are nice and fast - just as well with the size of the files produced.

There are a few features I want to also mention:

Stitch assist mode.  This is a great feature.  When activated the camera gives you the option of taking photos from left to right or right to left; after the first photo is taken the result is shown on the LCD display, but shrunk so you can frame your next shot against the previous shot. The camera does not attempt to stitch the photos together for you, but guides you so that you can see what you've taken so far and don't miss part of the panorama you are shooting. 

Scene assist mode.  There are a number of presets pre-programmed with general styles of photo such as 'night' 'portrait' etc.  The camera adjusts the settings automatically to be the best for that style of shot.  Useful for quick photos that you don't have time to manual configure settings.

That's it for my first thoughts; I'll post some more once I've used it a bit more. 


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Kelly Clarkson Wants To Be Huge In Europe
Top Of The Pops caught up with Kelly Clarkson for a Q&A and asked the American Idol season one champ if she thought success in the UK was really important, since she's already big in the States. "Yeah, I mean my biggest goal with this record is to be more in Europe," she said. "Like I've done really well in Australia and Asia and everywhere else, but Europe I haven't really come and toured or anything. So my big thing with my management is to come more in Europe and kind of get over here."
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Knowledge Management Common Body of Knowledge
Knowledge resides in the user and not in the collection [of information]. It is how the user reacts to a collection of information that matters. Malhotra, Yogesh
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Wordpress 2.5 RC1 released
A sneak peek on wordpress 2.5 rc1 is finally out for beta testing. Accordint to Mark of WebToolsCollections,A customizable dashboard, multi-file upload, built-in galleries, one-click plugin upgrades, tag management, built-in Gravatars, full text feeds, and faster load timesYou can download the release here http://wordpress.org/wordpress-2.5-RC1.zip if you want to test it and find bugs for better [...]
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Digital Graffiti Goes Mainstream: TIME Magazine Article
I noticed that TIME covered the laser graffiti artists of the Graffiti Research Lab this week. Nearly a year ago, I covered the phenomenon of guerrilla marketing via laser light images “drawn” on the sides of buildings at night.Having this covered in a mainstream rag like TIME is probably nearly enough to make the [...]
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Aware IM 2.0 Makes Creation of Web Database Applications Easier than Ever
Awaresoft Pty Ltd today announced the release of Aware IM 2.0 - a new, more powerful version of its popular easy-to-use web database management software. Aware IM™ 2.0 allows solution-focussed developers and experienced computer users to create comprehensive Web database applications without programming. (PRWEB Jul 17, 2006) Trackback URI: http://www.prweb.com/dingpr.php/Q291cC1TdW1tLVBpZ2ctU3F1YS1JbnNlLVplcm8=
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What Does it Mean To Be an 'Owner' or 'Mere Possessor' Under 17 USC 109?
In light of my last posts about first sale as applied to copies 'rented' through Rhapsody, I've had an interesting exchange about what it means to be an 'owner of a copy' in terms of 17 USC 109 (the 'first sale' doctrine), and what rights you have to a lawfully made copy you rent from Blockbuster or Rhapsody. My thoughts are admittedly rough -- does anyone else have a clearer answer?  Regardless, thanks to my interlocutor, 'analoghole,' for some old-fashioned copyright geekery.

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RIAA Sells Anti-Piracy Propaganda To Your Children
 />The rapid expansion of the definition of intellectual property continues unabated, with the RIAA taking the battle for hearts and minds directly to the auditorium of your kid's school.<br /><br />The RIAA has teamed with iSafe, 'a nonprofit organization that teaches kids, teachers and parents how to be safe on the Internet, with topics such as awareness about predators, not to give out too much personal information, and the risks of getting on P2P networks.'<br /><br />Sounds fine so far. When you add in the idea of the RIAA feeding iSafe the propaganda and iSafe in turn showing up to your kids school under the guise of saving them from MySpace predators, only to tell them about how music wouldn't be made if the RIAA didn't get thier cut, it becomes something quite different. <br /><br />Obviously the information presented will be biased in favor of the industry, and I'm going to go out on a limb and bet that no one will talk about the <a href='http://digitalmusic.weblogsinc.com/2006/06/14/weird-al-yankovic-says-digital-is-a-raw-deal-for-some-artists/'>crappy record deals</a> your kid's favorite artists are living with. <br /><br />Beware, and if iSafe is coming to your kid's school, maybe you should drop in so you can <a href='http://digitalmusic.weblogsinc.com/2006/06/14/weird-al-yankovic-says-digital-is-a-raw-deal-for-some-artists/'>drop a little science</a> of your own.<br /><br />[via <a href='http://www.projectopus.com/node/5730'>Project Opus</a>]<h6 style='clear: both; padding: 8px 0 0 0; height: 2px; font-size: 1px; border: 0; margin: 0; padding: 0;'></h6><a href='http://p2p.weblogsinc.com/2006/06/29/riaa-sells-anti-piracy-propaganda-to-your-children/' rel='bookmark' title='Permanent link to this entry'>Permalink</a> <BR><a href=read more:

EMP 5.5 Enterprise Anti-spam, Anti-phishing and Anti-Fraud is Shipping
EMP 5.5, Offering Comprehensive Anti-spam, Anti-Fraud and Anti-Phishing Protection for Microsoft Exchange, Lotus Domino and Novell GroupWise, Is Shipping
New features include: myEMP web-based personal whitelist management and quarantined message processing. Also, New per-filter disposition of 'Reject' and 'Mark as Spam'. New Java 1.5 JVM.
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RIAA Claims Victory, Innovation Has Been 'Contained'
 id='vimage_1' src='http://p2p.weblogsinc.com/media/2006/06/riaa_cds.jpg' />According to Mitch Bainwol, who sits atop the RIAA as its CEO, illegal file-sharing via the Internet has been 'contained'. <br /><br />'The problem has not been eliminated,' says Bainwol. 'But we believe digital downloads have emerged into a growing, thriving business, and file-trading is flat.'<br /><br />According to <a href='http://www.usatoday.com/tech/products/services/2006-06-12-riaa_x.htm?POE=TECISVA'>USA Today</a>, Bainwol acknowledges that legal digital downloads are making up for long-slumping CD sales, and cites this evidence along with surveys of 12,000 households to back up his statement on containment. <br /><br />Why would Bainwol, stalwart anti-P2P man that he is, come out in the press selling the story of how the RIAA has 'contained' the battle against P2P services? Surely the news that P2P has been 'contained' must be a relief to the RIAA and all those pesky lawsuits will be over post-haste, right?<br /><br />Simply not so, according to Eric Garland, CEO of Internet measurement firm Big Champagne, who says more people than ever are using file-sharing networks. 'Nearly 10 million people are on-line, swapping media, at any given time,'. That May figure is up from 8.7 million people in 2005, he says.<br /> <br />Bainwol's motivation may come from slipping public perception of the RIAA lawsuits. Mitch's predecessor, <a href='http://p2p.weblogsinc.com/2006/06/10/former-riaa-chief-speaks-against-lawsuits-drm/'>Hillary Rosen, recently stated the suits had outlived their useful lifespan</a>. Calling P2P 'contained' in the press would give the RIAA a perfect exit strategy. Using this logic, the RIAA can gracefully point to a time-line that looks roughly like this...<br /><ol>    <li><strong>We sued some people</strong></li>    <li><strong>P2P growth flattened</strong></li>    <li><strong>File-sharing was contained</strong></li>    <li><strong>We diverted our efforts to stopping those nasty thieves at XM</strong></li></ol><em><strong>All before the PR pressure of suing those who are <a href='http://www.cdfreaks.com/news/12441'>young</a>, <a href='http://www.foxnews.com/story/0,2933,98190,00.html'>old</a>, <a href='http://arstechnica.com/news.ars/post/20050204-4587.html'>dead</a> or <a href='http://forums.winamp.com/showthread.php?threadid=245416'>without a computer</a> gains any real traction with average Americans</strong></em>.<br /><br />CEO Garland of Big Champagne points out that the RIAA has made some inroads. 'They have removed the profiteers from on-line piracy,' he says. 'They've also embarked on a very successful education campaign. Kids now know about copyright, and the consequences.'<br /><br />What Garland, Bainwol and USA Today forget to tell you is, the RIAA has also succeeded in stifling innovation. Save for the few indie music distributors on-line (<a href='http://magnatune.com'>Magnatune</a>, <a href='http://www.emusic.com'>eMusic</a>, and the like who offer non-RIAA music only), the digital music market looks like a sea of clones. Subscription services with sub-par quality, similar prices, terms and selection, or iTunes with it's proprietary iPod, fixed pricing structure and non-transferability. <br /><br />They've managed to <a href='http://www.eff.org/IP/P2P/MGM_v_Grokster/'>redefine fair-use</a>, and continue to <a href='http://digitalmusic.weblogsinc.com/2006/05/19/xm-says-prepare-to-fight/'>tweak the definition</a>. They are the only show in town, and that's just the way they like it. The RIAA's cartel status allows its member companies to bully the rest of the industry, <a href='http://news.bbc.co.uk/2/hi/entertainment/5055744.stm'>refusing to license music for other distribution models</a>, <a href='http://arstechnica.com/news.ars/post/20041014-4313.html'>price fixing</a>, and <a href='http://digitalmusic.weblogsinc.com/2006/04/28/cheap-trick-allman-brothers-sue-sony-bmg-over-digital-distribut/'>allegations of cheating artists on royalties from digital downloads</a> are just a few of the strong-arm tactics they continue to pursue.<br /><br />If the RIAA won, this is all they won. A bland and lifeless digital music market with few real players, where a veritable sea of possibilities once lie open to discovery.<h6 style='clear: both; padding: 8px 0 0 0; height: 2px; font-size: 1px; border: 0; margin: 0; padding: 0;'></h6><a href='http://p2p.weblogsinc.com/2006/06/13/riaa-claims-win-innovation-has-been-contained/' rel='bookmark' title='Permanent link to this entry'>Permalink</a> <BR><a href=read more:

EXTOL Selected for Supply Chain Integration and Other Master Data Management Solutions by UK Based Kingsley IT Consulting Ltd.
EXTOL International, a leader in business integration solutions for the iSeries (System i5) market, today announced they have been selected as a strategic solution provider by Kingsley IT Consulting Ltd, Gloucestershire, UK. Kingsley is a System i5 Technical consultancy. (PRWEB Jul 14, 2006) Trackback URI: http://www.prweb.com/zingpr.php/RmFsdS1Mb3ZlLUluc2UtU3F1YS1JbnNlLVplcm8=
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Fighting for justice in our lifetimes

I took a course on the History of the Civil Rights Movement when I was at the University of Virginia. Taught by Julian Bond, a leader of the Student Nonviolent Coordinating Committee, the course’s readings alone were enough to make any thoughtful American think long and hard about social justice, as was the opportunity to research local reactions to the movement (see my paper on Virginia’s Massive Resistance movement). One of the thoughts I had at the time was about what I would have done if I were alive in the movement years.

Now, of course, I know: I would have been performing somewhere rather than protesting. Because that’s how the quest for justice played out today: my colleagues and pastors from Old South were at the State House rallying for equal marriage while I was rehearsing the Gurrelieder at Tanglewood.

—Someone with less of an axe to grind than mine, by the way, should look at the signs on both sides of the street from today’s protest and learn what can be learned from them about the protesters. The thing that struck me—and again, I’m biased—is the preponderance of identical “Let the People Vote” signs, professionally made (by VoteOnMarriage.org, who don’t merit a link but who also apparently trucked in cases of water), on the anti-equal-marriage side, and how the few off-message signs that appear on that side of the street are incoherent and threatening, while just about every sign on the pro-equal-marriage side is handmade and many of them are funny or thoughtful. I especially like this rebuttal to the specious “let the people vote” argument.

Fortunately there are others out there who are more proactive than me, including the Tin Man, who has decided to take advantage of his current between-positions status to try to make a new career in gay-rights law.

For more context on the constitutional convention today—and the protesters—check out Bay Windows’ liveblog. To take a look at what the other side is saying, see VoteOnMarriage.org’s “Arguments for Marriage” page, which is a fine collection of strawmen.


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(Fake Headline, Serious Point:) Movie Studios, Blockbuster File Copyright Infringement Suit Against Customer For Failing to Return DVD Rentals
That's obviously not true, but from the way people talk about Rhapsody and other music 'rental' services, they believe that the story could happen, at least in principle.  This is part of yet another misunderstanding about how the DMCA reworked the nature of copyright.

Too often, people confuse defenses of DRM+DMCA based on their ability to prevent *infringing* uses and defenses based on protection of new business models predicated on preventing *non-infringing* uses. The former defense is about protecting copyright holder's exclusive rights, the latter is in effect about expanding those rights. These days, this confusion typically involves online music rental subscription services like Rhapsody.

The DRM on Rhapsody songs can (in theory) prevent some infringing uses. But Title 17 grants the copyright holder several exclusive rights in 17 USC 106 (e.g., copying, distribution, public performance), and keeping songs after your subscription ends doesn't infringe any of them. When the DRM prevents you from listening to the song, it's limiting a private performance. The copy you downloaded was lawfully made, and you're entitled to make fair use [*1]; to the extent the uses would be protected with a purchased copy, you can move this 'rented' copy to a portable player or make a back-up copy of it [*1], for instance.

At first, this might seem strange to some, but consider a DVD you rent from Blockbuster. If you fail to return the movie, can the copyright holder or Blockbuster sue you for copyright infringement? No, they can't; you can keep watching that movie for as long as you like. Put aside DRM+DMCA and focus on 17 USC 106 for the moment -- if you rip a copy to your computer, it's a fair use just like ripping a DVD you bought at Wal-Mart; to the extent that the latter is non-infringing, so is the former. The copyright holder could argue that this ripped copy of the rental threatens the market for the work and thus is not a fair use, but ripping the purchased DVD threatens the market in much the same way; after all, if you can rip your purchased DVD, then it threatens the market by making it harder for them to sell you a second copy for use on your computer or your portable player. [*1] You can apply the same reasoning to rented or purchased VHS.

To be clear, you could be violating your contract with Blockbuster. And services like Rhapsody could sue you for violating their Terms of Service. In principle, they could get an injunction and actual damages.

However, you aren't infringing under 17 USC 106 and thus copyright holders couldn't get statutory damages on that basis. The DRM and DMCA don't change this analysis [*2], strictly speaking. If you use FairUse4WM to unwrap your Rhapsody WM DRMed songs, you may violate their ToS, you may violate the DMCA (17 USC 1201) and have to pay statutory damages, but you are not infringing (17 USC 106). The public is still technically entitled to fair use, first sale, and all your other rights under copyright, but in exercising them you might violate the DMCA.

So this suggests one way the distinction matters (the DMCA radically changes the available remedies), but there's a bigger issue here. In reality, the people who support the DMCA's protection of this business model are not supporting the protection of copyright holder's limited exclusive rights, let alone supporting the prevention of 'Internet piracy' -- they're supporting in effect an expansion of copyright holder's rights.  The DMCA gives copyright holder's essentially a broad, exclusive right to control any uses of the work and compatible devices.

Some people may still argue that we need the DRM+DMCA because it protects Rhapsody's business model and thus this expansion of rights is a good thing. You return your rented DVDs not because Blockbuster will sue you, but because they'll cut you off from renting again. Rhapsody has no similar threat to hang over your head, so you could download the entire catalog and unsubscribe.

I would dispute that the subscription models would go away for this reason, but let's assume they wouldn't offer downloads any more. The endangerment of a business model, by itself, is not a sufficient reason to extend the scope of copyright holder's rights. Title 17 entitles copyright holders to certain rights, not to certain business models. There are a lot of old and new business models copyright holders would love to protect. For instance, the movie and television studios' business models were ostensibly threatened by time-shifting, and they'd love to be able to limit it in many ways today in order to enable new revenue models. But that wasn't and isn't a sufficient reason to block time-shifting and creation of compatible devices via the DMCA, or to mandate DRM a la the broadcast flag.

A more valid argument here would be that the public benefits by protecting the rental model. Again, I would dispute that the DMCA+DRM really provides a lot of public benefit there. But, regardless, I think most would agree that there are many endangered business models that don't need protecting. I think many dislike how protection of the rental model also involves inhibiting innovation and competition in the development of compatible music devices. I think many would agree that prohibiting time-shifting and backing-up of purchased media doesn't benefit the public, even if it enables some new business models. And I bet there are many more ill-effects of the DMCA that they would disapprove of , as well.

On that basis, I think that even those who laud the DRM+DMCA's role in protecting rental models would be, on the whole, unhappy with the DMCA. To be sure, there are those who like the DMCA because it acts as a general right to control use of copyrighted works and creation of compatible devices; they laud price discrimination and platform monopolies predicated on restricting non-infringing uses. But I think many don't share that view, particularly when they see that those models aren't about stopping infringement, let alone 'Internet piracy.'

[*1 - Update: Initially, I also stuck first sale in here.  We've had an interesting back-and-forthin the comments about how I may be wrong that first sale would actually apply to the DVD or to your hard drive with the Rhapsody file on it. Indeed, a court might actually view giving away your hard drive with the song as protected by first sale, but giving the away the DVD wouldn't be, since you can keep a permanent copy of the WMA file and don't have to return it, but you were just borrowing the DVD that perhaps Blockbuster itself had acquired under a revenue-sharing license agreement rather than as an outright purchase. Thanksto my interlocutor, 'analoghole' The possible problem there doesn't affect my fair use analysis, however. Note that it also doesn't change my point that you're still entitled to first sale to the extent you were with a DRM-free, rented copy. Finally, since people are really getting up in arms about a person being able to keep the songs and use them past the subscription (that's the biz model at stake), I figured I'd just pull the first sale analysis out, for clarity's sake.]

[*2 - Update: see a minor clarification in the comments on this. If a copy is *only* non-infringing because of some implied or express license from the copyright owner that vanishes when you circumvent, then that could change the analysis.]

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Looking for open source CMS and portal software options

Over the past year or so we've seen a definite increase in the number of questions we get about open source content management and portal software at NetRelations. I'm not quite sure of the reason for this trend, but nevertheless it's refreshing to see people beginning to 'think different' in the otherwise very Microsoft-dominated country that Sweden is.

It may be a welcome change, but I find choosing a CMS incredibly difficult, and evaluating them is very time consuming and often frustrating. There are hundreds of options, one worse than the other. To date I have never come across a CMS that doesn't have serious flaws. Even if a CMS looks good at a glance, once you start digging deeper you will always encounter problems with usability, accessibility, and front-end code.

Content Management Systems

A couple of times in the past I have asked my readers for CMS suggestions, but it's been a while now. Last time we ended up using Plone, which was a real pain to work with. I don't know if the situation has improved by now (it's been three years), but just thinking about working with it gives me a stomach ache. So we want to look at other options, and I'd like to ask what you all think.

We've been looking around for a while and two of the very few systems that look like they could be worth spending more time with are ModX and Drupal. Their approaches to content handling are quite different, so they would most likely suit different kinds of clients.

The first thing I would like to get some input on is how good ModX and Drupal really are. I'm thinking both for developers who will need to customise the CMS to fit the clients' needs and for the end users who will work with the admin interfaces to create content and structure sites. I'm looking for answers to the following questions:

  • How easy (or hard) are ModX and Drupal to develop for?
  • How easy (or hard) is using them to create content and administer websites?
  • Are there any problems creating fully standards compliant and accessible websites with either system? Do they allow full (and I really mean full) control of HTML, CSS, and JavaScript or do they contain uncustomisable black boxes?
  • Are their admin interfaces reasonably accessible? If not, can they be made accessible?

That's one bunch of questions. Next, the vague topic of 'portals'.

Portal Software

Some large organisations are asking about open source portal software to use instead of commercial solutions like IBM WebSphere (WPS) or Microsoft Sharepoint (MOSS). I have some experience with both WPS and MOSS, and while making a public-facing website based on either system standards compliant and accessible is achievable with a bit of work, fixing the interface presented to a logged-in user seems more or less impossible. In other words, to be better than either of those two in the web standards, accessibility and usability departments should be really easy.

It seems that most open source portal platforms are Java based. Liferay, JBoss Portal, and Apache Jetspeed are some. They all seem like incredibly complicated pieces of software that are beyond my capability to understand. That has got me thinking... would it be possible to use Plone or Drupal as a portal? Yes, I know I complained about Plone being hard to develop for earlier, but compared to others it is pretty good at web standards and accessibility.

Does anyone reading this have experience from open source portal software? The questions I'm looking for answers to are the same as for the content management systems.

Their standards aren't our standards

As a sidenote it's pretty fascinating to note that when CMS and portal software vendors boast about 'Standards compliance', 'Open standards', and 'Interoperability' they do not mean what you might think they mean.

To them, those terms have little to do with the front-end, so having a 'Standards compliant, interoperable' portal solution does not mean that it outputs valid HTML and CSS and will work in any browser. Instead, it means it will run on any server that means the requirements. Huge difference.

To summarise this little call for input: any suggestions, hints, and recommendations on open source content management and portal software are welcome.

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Seitz 6x17 Digital
Bigger than Mine.. The Swiss again. I want one of those. Many thanks to Peter for the link.

A picture named seitz.jpg
[The Cartoonist]
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Deeyah & Young Maylay A Deadly Combo!
In one corner you have Deeyah the exotic and sassy princess of the East also dubbed the Muslim Madonna by the UK media. In the other corner is Young Maylay hard edged from the merciless streets of LA also the actor/voice in GTA San Andreas game. Both talented artists in their own rights have now joined forces and come together to create ?What Will It Be??.The beat of ?What Will It Be?? is sexy and seductive yet the lyrical content that Deeyah and Young Maylay present in the song is tough, thought provoking, controversial and very much a sign of the turmoil filled times we are all living in. The lyrical content is already creating controversy and waves within certain circles of the Muslim communities for it?s direct, truthful and extremely defiant and rebellious tone and delivery.In a time where more socially and politically conscious music and attitude is needed within popular culture - here we go, Deeyah and Young Maylay provide exactly what the doctor ordered and are creatively a truly deadly combo! May we hear more music and messages like this from these two and others in the near future.We eagerly await the music video for ?What Will It Be?? as it?s already rumored to be even more controversial, hard hitting, edgy and sexy.
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Study: legal music far outweighs P2P on portable music players

Study: legal music far outweighs P2P on portable music players: Only two years ago we were told that 'stolen' was the most common format on digital music players. A new study suggests that this is far from the truth. (Via Ars Technica.)

Without knowing the methodology of the original study, this is difficult to evaluate, but it agrees qualitatively with what I see in my immediate circle. I wonder to what extent the decay of P2P downloads may be an indirect effect of fear of malware, especially since so many of the P2P programs have been notorious for adware and spyware with security and stability risks. Are malware writers RIAA's best friends?


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Making Academic Work Advocacy Work: Technologies of Power in the Public Arena
Through interviews and courtroom observations in a case study done in collaboration with a community partner in two judicial districts in Minnesota, the authors extend the scholarly conversation about critical, activist research in business and technical communication and make pedagogical suggestions by studying two groups who contribute to the discourse about victim rights: judges who accept plea negotiations and make sentencing decisions and advocates who help victims contribute, through victim impact statements, their reactions as crime victims and their requests for certain punishments and conditions for the crime perpetrators. The authors identify the technologies of power used by each group to assert their disciplinary authority and trace how these assertions play out in the courtroom. They conclude that by capitalizing on the normative structures of impact statements, advocates may actually give victims more power. Such activist research might benefit research participants and enhance research methods. Propen, Amy and Mary Lay Schuster
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McObject’s Perst Pure Java Embedded Database Integrated with Solutions from CA’s Wily Technology Division
McObject today announced that the Wily Technology Division of CA (NYSE: CA) has leveraged McObject’s pure Java embedded database, Perst™, in the development of its industry leading enterprise application management solutions. Adopting McObject’s proven database has enhanced the performance of Wily solutions while accelerating product development. (PRWEB Jul 11, 2006) Trackback URI: http://www.prweb.com/zingpr.php/TG92ZS1JbnNlLVByb2YtUGlnZy1JbnNlLVplcm8=
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Buying music or not?
Most iPod users don't pay for music, says research: 'More than 80% of iPod owners do not pay for digital music, according to research.' [Guardian Unlimited]

Rather pointedly titled article, but there is some truth in the matter. Actually, the point seems to be that iPod users are reading existing CDs into AAC or mp3 formatto be used on iPods. There is nothing wrong with this.

I have almost 400 CDs worthof music on my iPod (20 GB version). Of those tracks about one tenth werebought from the iTunes store. The rest I read from CDs. In fact, I hardlylisten to CDs any more. Although I still buy CDs (when they are cheaper the iTunes Storeor not available there), I read them right away to the iPod.

Lst weeked I converted the tracks which were in mp3 format to AAC formatto conserve disk space. About 7 GB worth of music got converted, which resulted insavings of about 2 GB. So now I can fit more music to the iPod, as there is free space for about 50 albums or so.
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P2P coverage on Download Squad
As of now, the P2P Weblog is retired and archived. We're not losing the incredible Grant Robertson, though! Grant has joined the blogging team of Download Squad, our intensive blog about software, online services, and the on-screen lifestyle. Check out Grant at the Digital Music Weblog, and remember that you can bookmark the P2P category of Download Squad. You can also roll a P2P-only feed with this link:

http://www.downloadsquad.com/category/p2p/rss.xml

But i recommend trying Download Squad in its entirety. A little geeky, but still accessible, very investigative, and always a great read, the blog provides something for everybody.

Thanks for reading!
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