As you said Mike, "fair use" is a defense, nothing more. The DMCAs are valid on their face, less whatever defense is mounted. Fair use would be something settled in court, not an absolute term.
EFF doesn't appear to have a legal leg to stand on with this one.
No, what I am saying is that it is what they can market better. Those 0.7 million "national" (just as likely international) readers are of no use to the local hardware store or the book store on 4th street. The current setup is very close to being a pure local market play. Advertisers want to pay for what they want, and they aren't willing to pay for what they don't want.
It is also about the sales people at the paper. They are selling local market, they aren't selling international advertising. Again, it isn't their market place. Yes, they could set up a complicated system to do ad replacements for out of market visitors, but then again, why bother? It isn't your market, and it isn't going to generate the big dollars - and the cost to maintain it potentially exceeds the income.
It's not like they got more local readers by allowing Cablevision subscribers to continue reading for free something they were already reading for free.
You are making the assumption that naming this site as part of the package doesn't in some way add readers. Perhaps some of the cablevision viewers were not aware of the site. Perhaps someone moving to the area and getting cable will find out about the site, etc.
The important thing is it gives the paper, print and online, the local focus for news AND advertising that let's them serve their market well. There is no requirement to make everything open to everyone all over the world, is there?
RD, please keep the name calling down. Also, you might want to open your mind a little and thing for a second.
You have to think "who did they lose?". They lost casual readers, maybe not even readers from their area. I know if I search google for news, I am often directed by them to one or another local TV or newspaper site to read a story. I don't have an interest in the local news or the local site, I am just a drive by story reader who ignores the rest of their site and disappears. If they lose people like me, I suspect they don't feel it is any loss at all.
Under their current situation, they can pretty much say the only people coming to their site are locals. If they lost 700k readers (and that was a third) they still have 1.4 million readers, all locals. That is a pretty good demographic to market, no? Their sales people can understand that, they can take it to their local market, and they can sell that benefit to advertisers. They don't have pumped up pages views with tons of out of state Google traffic invading the site, they have locals, and plenty of them, checking out the site for their local news. That is gold!
Defending sticking their news behind a paywall, then losing all but 35 visitors/eyeballs, then having the gall to suggest this is an IMPROVEMENT in their income-per-user is unconscionable, disingenous, and only proves beyond doubt that you are a bought-and-paid-for corporate shill, with no doubt any longer.
Thinking I said that just makes you the poorest reader of all time. They obviously have more than 35 readers, the Cablevision tie in apparently is giving them a large base, and that is the key.
I have to laugh on this one. Mike, you make it sound like all these recording industry people are so damn frustrated that they are tearing their hair out or something, rather than just getting the WEP key and enjoying the free wireless.
In all of my travels, I can say that wide open wireless is becoming less and less available. Where I do see unlocked wireless systems, they are protected by payment systems inside (boingo style). Even hotels and such that offer free wireless will activate accounts for the period that you are staying, not open ended.
I have to think that if you asked the executives which is more annoying, having to get the WEP keyword or piracy, they might say piracy.
Nice stretch Mike. Did you hire someone else to write for you while you were on the road?
the general estimate is that Newday has lost 50% of its web traffic since putting up the paywall.
if they have 35 subscribers and lost 50% of their traffic, does this suggest that there was only 70 readers before?
Nope.
35 is the number of paid subscribers who are not cable subscribers. I would be interested to see what the actual number of cable subscribers who have access is. It would also be very interesting to see if by focusing on their local market (no outside visitors) that they have been able to increase the bottom line of their online operation. Ad income per user should in theory be up, no?
The most visited news sources online are sites like CNN, Fox, which are basically sponging off of the existing content flow on their news sites. The recent redo of the CNN site basically makes it almost exactly the same as the on air product.
Other popular sites like Drudge are entirely dependent on other people's content, and do not generate much in the way of their own news. Heck, even Techdirt is almost entirely dependent on the "look at this story over here". Admitted Mike adds (often unintentionally humorous) editorial comments, there is little in the way of a journalistic team hard at work to find the news.
I would also be interested to see which sites are actually making a profit on significant unique content. I suspect they are pretty rare.
While the story is interesting, it isn't something that is unique to speed cameras. For as long as there has been a way to measure speed for the purposes of writing tickets, there have been towns willing to abuse it.
The "speed trap" town is a classic. You are driving along a highway with a 50MPH speed limit, you pass a large sign that say "now entering Pearl City" or whatever, and a few feet later there is sign that slows the limit to 40mph. Most people would slow down to maybe 45. Not long after that, there is an obscured 30MPH speed limit sign, and a well placed bush / signboard / other physical obstacle for a police car to hide behind. After that, it's just normal fishing, picking the out of state cars and targeting them for significant fines.
The kicker? The fines can only be contested in a small town traffic court that only convenes once a month, on a tuesday night or something like that. Some places use to require on the spot payment of fines.
Re: He wasn't "prepared" to have his business-model challenged by technology....
Not much to it really. The original post is pretty much a "what I saw after the 9th cup of koolaid" sort of stuff, the 30,000 foot view. It isn't wrong, you just can't apply what you see from 30,000 feet to each inch of the road you are traveling on today.
Everything ends up in the public domain eventually. from way up there, you can miss the part where sometimes it isn't right away.
Spam by it's nature isn't relevant to a discussion. What she removed was material she though might be spam that was pro-product, whatever that may be. Effectively, she allowed negative comments, but removed these positive posts that might be spam.
Spam would be someone coming here posting up links to pill sites or "work at home".
Want to bet the rules would be different for an anonymous poster putting up pro-Palestinian stuff, or perhaps posting "death to Israel" or something like that?
I wouldn't use Israel as an example of an enlightened society.
I had the same thought. Were we not all up in arms about Amazon taking away content that wasn't properly licensed?
This is another one of those deals where I think that we already have a really great technology for this sort of thing, it's called the internet, blogs, websites, etc. This looks like another idea desperately in search of some practical use.
Welcome to "talking out of your ass", web version.
Buddhist temples are widespread in China, and very popular places to visit as the lunar new year comes by. I burned a little incense last week, a bit early but well intentioned. Many of these temples are not only religious shrines, but also attract many tourists each year.
Green? I would say that 10 - 20% of the moped style scooters I see in China are electric. Danyang makes a number of models, very popular with commuters.
IP laws? They have plenty. Few of them are enforced. There is too much pushing and shoving on the issues between the central government and the provinces, as the provincial leaders often appear to profit directly or indirectly through IP abuses.
War? Let's just say that the chinese military is often busy, just not in ways that make headlines.
You did get the science and industry part right. China should click off another 10% growth year in 2010, even with the brakes on the economy harder and harder all the time.
In my mind, when the operator moves from just "operating a service" and gets into editing content, they cross a line from innocent host to active content purveyor.
Basically, if they will edit out positive posts, but leave negative one intact, they are now have editorial control over the product. How much would they need to do to be a content provider rather than a service provider?
I think there is too much of a rush to lump every website into the category of being a service, rather than looking at what they actually do.
One of the things I find funny in all of this is even the poster children for the "internet music marketing" deal, from Reznor to Corey Smith pretty much all without exception release "albums". It is the very nature of what they do, they don't tend to write single songs, they tend to write a collection of "where they are now". Mr Smith's latest record is 11 tracks, and his entire website is redone not to support a single song, but to push the album (and the mental space that comes with it).
Singles were done as a way to (a) make music radio friendly, by pre-selecting tracks to play, and (b) as lead in sales towards purchasing the whole album.
Often in the late 60s through mid to late 80s, the single was either a shorten (abridged) version of the song or was different from the album version. In-A-Gadda-Da-Vida was a 17 minute plus album side song, and released as an under 3 minute single (radio friendly!). These days, the single selection process is often done just to guide radio through an album. The first single is usually selected by the label / band and the subsequent singles in part selected through feedback and what more open format stations may have been playing, especially in the rock field.
Singles often were songs signficantly different from the rest of the album, which could lead to some feeling of "bait and switch", as an act might try to appeal to a more commercial audience to get airplay, hoping to hook them onto a more experimental or less commercial music type through the rest of the record.
Even Trent Reznor knows the power of a single, and pretty much every one of his recordings had at least one "single" song. Often those singles were somewhat different from the rest of the recording. Closer is a great example of a single (release as Halo 9) which didn't exactly match up to the rest of the record, it was signficantly more commercial and easily accepted on a superficial level by a wide audience.
Led Zeppelin, kings of rock, did the same thing. Every album had a single, every album had a classical blues song. Every album had a "big piece" on it, and every one had a ballad. That single sold the rest of it solidly.
Yes, even back in the day, the proverbial "mix tapes" were made (everyone had them), but true fans would listen to the artist from one end of the album to the other, discussing the relative merits of the A side to the B side. Was the power of Zeppelin 4 in the A side powered by Rock n Roll and Stairway to Heaven, or the more sublime Going to Califonia and When The Levee Breaks ruling the B side?
Perhaps Mike you might want to ask your poster children why they don't just release a new song every month, and why they want and stack them up in albums, when they clearly do not have to anymore.
You have to be careful with the Welles decision, as it is very narrow to a very specific type of fact: An award given or a title held.
The Olympics is an event, and they are (obviously) very trademark happy. To have a commercial that involves the olympics from a company that isn't paying to be the "official long breaded sandwich company of the 2010 winter games" could imply some sort of relationship that doesn't exist. It would also diminish the value of the rights that other companies paid for.
Actually, Mr Phelps won't be competing in Vancouver (unless they have some sort of frozen swimming pool even I wasn't aware of).
On the post: Should Copyright Holders Pay For Bogus DMCA Takedowns?
EFF doesn't appear to have a legal leg to stand on with this one.
On the post: After Three Months, Newsday's Grand Paywall Experiment Has 35 Paying Customers. Yes, 35.
Re: Re: Re: TAM the amazing TAMHOLE
It is also about the sales people at the paper. They are selling local market, they aren't selling international advertising. Again, it isn't their market place. Yes, they could set up a complicated system to do ad replacements for out of market visitors, but then again, why bother? It isn't your market, and it isn't going to generate the big dollars - and the cost to maintain it potentially exceeds the income.
It's not like they got more local readers by allowing Cablevision subscribers to continue reading for free something they were already reading for free.
You are making the assumption that naming this site as part of the package doesn't in some way add readers. Perhaps some of the cablevision viewers were not aware of the site. Perhaps someone moving to the area and getting cable will find out about the site, etc.
The important thing is it gives the paper, print and online, the local focus for news AND advertising that let's them serve their market well. There is no requirement to make everything open to everyone all over the world, is there?
On the post: After Three Months, Newsday's Grand Paywall Experiment Has 35 Paying Customers. Yes, 35.
Re: TAM the amazing TAMHOLE
You have to think "who did they lose?". They lost casual readers, maybe not even readers from their area. I know if I search google for news, I am often directed by them to one or another local TV or newspaper site to read a story. I don't have an interest in the local news or the local site, I am just a drive by story reader who ignores the rest of their site and disappears. If they lose people like me, I suspect they don't feel it is any loss at all.
Under their current situation, they can pretty much say the only people coming to their site are locals. If they lost 700k readers (and that was a third) they still have 1.4 million readers, all locals. That is a pretty good demographic to market, no? Their sales people can understand that, they can take it to their local market, and they can sell that benefit to advertisers. They don't have pumped up pages views with tons of out of state Google traffic invading the site, they have locals, and plenty of them, checking out the site for their local news. That is gold!
Defending sticking their news behind a paywall, then losing all but 35 visitors/eyeballs, then having the gall to suggest this is an IMPROVEMENT in their income-per-user is unconscionable, disingenous, and only proves beyond doubt that you are a bought-and-paid-for corporate shill, with no doubt any longer.
Thinking I said that just makes you the poorest reader of all time. They obviously have more than 35 readers, the Cablevision tie in apparently is giving them a large base, and that is the key.
Please, read the whole story next time!
On the post: Yes, Three Strikes Laws Have Unintended Consequences That Even Music Industry Execs Hate
In all of my travels, I can say that wide open wireless is becoming less and less available. Where I do see unlocked wireless systems, they are protected by payment systems inside (boingo style). Even hotels and such that offer free wireless will activate accounts for the period that you are staying, not open ended.
I have to think that if you asked the executives which is more annoying, having to get the WEP keyword or piracy, they might say piracy.
Nice stretch Mike. Did you hire someone else to write for you while you were on the road?
On the post: After Three Months, Newsday's Grand Paywall Experiment Has 35 Paying Customers. Yes, 35.
Numbers... gotta wonder!
if they have 35 subscribers and lost 50% of their traffic, does this suggest that there was only 70 readers before?
Nope.
35 is the number of paid subscribers who are not cable subscribers. I would be interested to see what the actual number of cable subscribers who have access is. It would also be very interesting to see if by focusing on their local market (no outside visitors) that they have been able to increase the bottom line of their online operation. Ad income per user should in theory be up, no?
On the post: Andy Warhol Estate Accused Of Defacing Authentic Warhol Artwork To Limit The Market
Re: Re:
On the post: No, The Apple Tablet Won't Save Publishing Nor Will It End 'Free'
Re: Ad Supported Content
Other popular sites like Drudge are entirely dependent on other people's content, and do not generate much in the way of their own news. Heck, even Techdirt is almost entirely dependent on the "look at this story over here". Admitted Mike adds (often unintentionally humorous) editorial comments, there is little in the way of a journalistic team hard at work to find the news.
I would also be interested to see which sites are actually making a profit on significant unique content. I suspect they are pretty rare.
On the post: Andy Warhol Estate Accused Of Defacing Authentic Warhol Artwork To Limit The Market
On the post: Baltimore Accused Of Stacking The Deck For Speed Cameras
The "speed trap" town is a classic. You are driving along a highway with a 50MPH speed limit, you pass a large sign that say "now entering Pearl City" or whatever, and a few feet later there is sign that slows the limit to 40mph. Most people would slow down to maybe 45. Not long after that, there is an obscured 30MPH speed limit sign, and a well placed bush / signboard / other physical obstacle for a police car to hide behind. After that, it's just normal fishing, picking the out of state cars and targeting them for significant fines.
The kicker? The fines can only be contested in a small town traffic court that only convenes once a month, on a tuesday night or something like that. Some places use to require on the spot payment of fines.
The saga of New Rome, Ohio (population 60, with 14 police officers!) http://www.newromesucks.com/main.html
On the post: Copyright Is An Exception To The Public Domain
Re: He wasn't "prepared" to have his business-model challenged by technology....
Everything ends up in the public domain eventually. from way up there, you can miss the part where sometimes it isn't right away.
On the post: New Attempt To Get Around Section 230 In Apparent Effort To Bury Small Site With Legal Expenses
Re: Re:
Spam would be someone coming here posting up links to pill sites or "work at home".
No?
On the post: Israeli Court Supports Anonymity For Online Commenters
I wouldn't use Israel as an example of an enlightened society.
On the post: Brian Eno Explains How The Recording Industry Is Like Whale Blubber
Wait, he's from the whale blubber generation. 'nuff said.
On the post: New Music Format File Can Be Updated Remotely
Re: Re: My first thought...
This is another one of those deals where I think that we already have a really great technology for this sort of thing, it's called the internet, blogs, websites, etc. This looks like another idea desperately in search of some practical use.
On the post: Baidu Wins Again; Chinese Court Finds No Copyright Infringement In Linking To Music
Re: A Society...
Buddhist temples are widespread in China, and very popular places to visit as the lunar new year comes by. I burned a little incense last week, a bit early but well intentioned. Many of these temples are not only religious shrines, but also attract many tourists each year.
Green? I would say that 10 - 20% of the moped style scooters I see in China are electric. Danyang makes a number of models, very popular with commuters.
IP laws? They have plenty. Few of them are enforced. There is too much pushing and shoving on the issues between the central government and the provinces, as the provincial leaders often appear to profit directly or indirectly through IP abuses.
War? Let's just say that the chinese military is often busy, just not in ways that make headlines.
You did get the science and industry part right. China should click off another 10% growth year in 2010, even with the brakes on the economy harder and harder all the time.
On the post: New Attempt To Get Around Section 230 In Apparent Effort To Bury Small Site With Legal Expenses
Basically, if they will edit out positive posts, but leave negative one intact, they are now have editorial control over the product. How much would they need to do to be a content provider rather than a service provider?
I think there is too much of a rush to lump every website into the category of being a service, rather than looking at what they actually do.
On the post: Unsubstantiated Claim: iTunes Success Makes It Harder To Discover New Music
Singles were done as a way to (a) make music radio friendly, by pre-selecting tracks to play, and (b) as lead in sales towards purchasing the whole album.
Often in the late 60s through mid to late 80s, the single was either a shorten (abridged) version of the song or was different from the album version. In-A-Gadda-Da-Vida was a 17 minute plus album side song, and released as an under 3 minute single (radio friendly!). These days, the single selection process is often done just to guide radio through an album. The first single is usually selected by the label / band and the subsequent singles in part selected through feedback and what more open format stations may have been playing, especially in the rock field.
Singles often were songs signficantly different from the rest of the album, which could lead to some feeling of "bait and switch", as an act might try to appeal to a more commercial audience to get airplay, hoping to hook them onto a more experimental or less commercial music type through the rest of the record.
Even Trent Reznor knows the power of a single, and pretty much every one of his recordings had at least one "single" song. Often those singles were somewhat different from the rest of the recording. Closer is a great example of a single (release as Halo 9) which didn't exactly match up to the rest of the record, it was signficantly more commercial and easily accepted on a superficial level by a wide audience.
Led Zeppelin, kings of rock, did the same thing. Every album had a single, every album had a classical blues song. Every album had a "big piece" on it, and every one had a ballad. That single sold the rest of it solidly.
Yes, even back in the day, the proverbial "mix tapes" were made (everyone had them), but true fans would listen to the artist from one end of the album to the other, discussing the relative merits of the A side to the B side. Was the power of Zeppelin 4 in the A side powered by Rock n Roll and Stairway to Heaven, or the more sublime Going to Califonia and When The Levee Breaks ruling the B side?
Perhaps Mike you might want to ask your poster children why they don't just release a new song every month, and why they want and stack them up in albums, when they clearly do not have to anymore.
On the post: Vancouver Olympics 'Brand Protection Guidelines' Almost Entirely Arbitrary
Re:
The Olympics is an event, and they are (obviously) very trademark happy. To have a commercial that involves the olympics from a company that isn't paying to be the "official long breaded sandwich company of the 2010 winter games" could imply some sort of relationship that doesn't exist. It would also diminish the value of the rights that other companies paid for.
Actually, Mr Phelps won't be competing in Vancouver (unless they have some sort of frozen swimming pool even I wasn't aware of).
On the post: If A Video Is Filmed By Chimps... Who Owns The Copyright?
Re: Re:
Go back to your school work.
On the post: Howard Berman Concerned About Internet-Repressive Regimes, Except If They Help His Friends In Hollywood
piracy
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