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links for 2008-11-17

Civil Complaint Brought Against Mark Cuban for Insider Trading Regarding Mamma.com

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TNS has launched the next generation of its online advertising monitoring tools. The TNS Digital Suites combines cookie tracking with the TNS 6th Dimension Panel for what they say is a unique analysis of online ad consumption. TNS says current tools overestimate audience sizes, but that their updated online ad tool provides target audience insight with little interference to the user experience.

Mike Saxon, Senior Vice President, Brand and Communications, TNS, explains the need for new measurement and monitoring systems, “For digital advertising, current tools are not meeting the industry demands because the fundamental relationship between advertising and the media that carries it has changed. TNS Digital Suite surveys our panelists, not site visitors, delivering the same kind of accountability and rigorous analysis for online advertising that our customers expect for traditional advertising.”

TNS is touting the benefits of the new tool as:

• No more unpopular pop-up surveys
• Control for cookie deletion, capturing ad exposure on multiple computers (home/work/school) for each panelist
• Accurate ad effectiveness measures for the target audience, using the 6th Dimension panelists profiles (over 150 panelists characteristics)
• Advanced analysis through longer surveys (up to 30 minutes long against 7-8 minutes)
• Surveys taken at the convenience of the panelists instead of the current proximate surveys which occur immediately after ad exposure
• Analysis available based on frequency and time since last exposure

What do you think? Leave a comment.

Related Reading:
TNS Surrenders to WPP Takeover
Compete Acquired by TNS
Compete Unveils Premium Version of Analytics Product

E-commerce growth slowed to just 1% last month, according to comScore. This is the lowest rate since comScore began culling the data in 2001.

Let’s just rip this bandaid off (more like ripping your heart out) with the raw data. Here are the growth rates for every month, beginning in June 2007 and ending October 2008.

For the visually-inclined:

After you’re done throwing things against the wall and cursing at your screen, feel free to leave a comment.

Related Reading:
Women Plan to Spend Less this Holidays, First Cuts Going to Themselves
Bill Tancer of Hitwise Analyzes Economy on SES Webcast
60% of Marketing Budgets Remain Unchanged by Economy
Landing Pages: Test Now or Forever Hold Your Peace

Fox Business is reporting that a civil complaint has been brought against Mark Cuban for insider trading regarding “The Mother of All Search Engines” Mamma.com, which is owned by Copernic (CNIC).

Cuban learned that the company would be issuing a PIPE: a public investment and private equity. In other words, they were about to issue an additional stock sale. When he learned about it, he sold his stake, about 600,000 shares before the public announcement. He avoided losses of $750,000.

If the charges Cuban will have to give back the money with interest.

Related Reading:
Cuban’s IceRocket Sold To Think Partnership
Yahoo Confirms Icahn Proxy Fight

In the same way JFK benefitted from the emerging medium of television, Barack Obama was helped into the White House by the increasing popularity of social media. In today’s building brand equity column, “President 2.0,” Erik Qualman explains that his appeal to younger audiences, and need to get exposure in a primary race against an established opponent led Obama to develop his online strategy. Businesses can learn from his campaign.

» Full story

Walmart has sent a DMCA notice to TechCrunch and SearchAllDeals.com, a shopping search engine and deals aggregator. (Think of it as the Techmeme for deals on the web, with a Google custom search engine to boot.)

Both sites posted some information about “Black Friday” sales for discount giant Wal-mart. But Wal-mart is claiming copyright infringement. It’s also saying the info wasn’t supposed to be out before November 24th.

The problem is SearchAllDeals doesn’t host content. It simply links to it. This amounts to free advertising for Wal-mart.

And since TechCrunch also has the info, then Wal-mart has a leak problem, which is neither TechCrunch or SearchAllDeal’s problem.

If I were a competitor such as Target or K-mart, I’d be stepping up to the plate and making the most of this “controversy” by freely offering up my own deals.

h/t TechDirt

Related Reading:
Judge Throws Out Copyright Infringement Suit Against Online Video Site Veoh
Pro Intellectual Property Act Passes House
Google Talks On Its Approach To Content & Copyright

Senator Byron Dorgan (D-ND) is planning to introduce a net neutrality bill in January, according to Reuters. President-elect Barack Obama has said he supports net neutrality, though it is not yet clear whether he backs Dorgan’s bill.

The bill would prevent Internet Service Providers (ISPs) from blocking web content. Net neutrality supporters say some ISPs have blocked content because of concerns over the amount of bandwidth used by customers. Others have slowed downloading activities for the same reason.

Internet service provider AT&T told Reuters it would be crazy to block content because the customers would just jump ship to an ISP that doesn’t. Blocking content would be akin to shooting themselves in the foot.

Indeed, the bill would pit ISPs such as AT&T, Verizon Wireless and cable companies against content providers such as Google and Microsoft.

Yes, in Washington, enemies make the strangest bedfellows.

Related Reading:
Uncle Sam Says: Thumbs Down on Net Neutrality
Without Neutrality, What Happens to Search?

AT&T is getting into the online video search game. They’ve launched VideoCrawler.com, which indexes videos from thousands of video sites. Users can organize videos into collections, which can be shared through social networking widgets.

“We want to do everything possible to connect customers to the content they want, and today more than ever, what they want online is social media,” said Sean O’Leary, vice president, AT&T Business Development. “With thousands of popular video Web sites, it’s become more and more challenging to find, sort and manage all of the best clips that are out there. That’s exactly what we’re working to solve with VideoCrawler by allowing users to search from an index of the most popular media sources from across the Web.”

Related Reading:
Yahoo’s oneSearch Now Default on AT&T’s MEdia Net Mobile Portal
AT&T iPhone Google Deal Pits Apple Against Blackberry
Online Video Advertising to Peak in 2012 Predicts eMarketer Report

The G1, a new mobile device from HTC available and featuring Google’s brand spankin’ new mobile platform Android, is now officially available at T-mobile.

But should you ditch your Blackberry, Palm, iPhone, etc to get one?

The G1 has a touch screen, similar to the iPhone, but it doesn’t have multitouch. It has a mobile application version of the Amazon mp3 store, which I love and use all the time for DRM-free music.

Unfortunately, you’ll need an adapter for that headphone jack to listen to all that music. Plus, you’ll have to purchase a memory card to store your music, and you can only do so up to 8GB.

The G1 does have a slider keypad, which I would love. I’ve had my iPhone for months, but typing on it is still a pain. Prior to that, I had the Samsung Glyde for a couple of weeks and loved the slider keypad. (It was just everything else that was a pain.)

So, should you or shouldn’t you? Here’s what the reviewers who have are saying:

Gizmodo

The G1 phone and the Android operating system are not finished products. There are only three working Google Apps here—Gmail, Maps and Calendar—while Google Docs, Google News, Google Reader, Google Shopping, Google Images, Google Video, Blogger and Picasa are nowhere to be found. What’s the deal?

We have high hopes for third-party coders to fill in gaps Google intentionally or unintentionally left in this OS. There’s already a video player, and we’re sure VLC will try and port some kind of version over. But your question is not whether the phone will be great down the line, it’s whether or not it’s good enough for you to buy it now.

The answer depends most on who you are. Despite all the UI quirks and bad design decisions, it’s still better than other smartphone OSes out there. It’s not perfect, but for people who like tinkering, its cons are outweighed by its pros such as Gmail and the Marketplace. Hopefully Android updates and more ports of Google apps will augment not just future phones but this one too. This isn’t something you’re going to give your mom for Christmas, but if you’re an adventuresome gadget guy with some money to spend ($179) on a totally new, pretty exciting venture, then why not?

CrunchGear

If you’ve been waiting for Android then I suggest you keep waiting. The overall OS seems to be held together by duct tape and needs a lot of work. Apple focuses on the minute details to enrich the overall experience for iPhone users and Android could learn a lesson or ten from it. The hardware design is dated and while the touch-screen and keyboard are great you can’t just forget about the wretched battery life, horrible GPS and the overall ergonomics of it. I wish the G1 were better in every respect because I don’t think the iPhone is that great, but I find myself wishing it were more like it. It’s the best alternative to the iPhone, but it’s just not there yet.

CNET

While we’re not in love with the design and would have liked some additional features, the real beauty of the T-Mobile G1 is the Google Android platform, as it has the potential to make smartphones more personal and powerful. That said, it’s not quite there yet, so for now, the G1 is best suited for early adopters and gadget hounds, rather than consumers and business users.

Engadget

When you put the G1 up against, say, a Sidekick LX, it seems like a no-brainer for T-Mobile customers looking for a powerful QWERTY device — especially at $20 less. You don’t need to be a cutting-edge mobile geek or a pundit to do that math. When facing off with platforms like the iPhone and Windows Mobile devices, it holds its own, but has a lot of ground to cover before it’s really making the competition sweat. Still, if you’re just excited to be a part of a platform that’s likely going to be around for a very, very long time, the G1’s a totally reasonable day-to-day device to make it happen, and we expect some pretty great things from this corner of the market down the road.

Walt Mossberg at All Things Digital

Overall, the G1 is a very good first effort, and a godsend for people who prefer physical keyboards or T-Mobile but want to be part of the new world of powerful pocket computers.

Lawrence Lessig, a Professor of Law at Stanford Law School, will be giving the opening keynote at Search Engine Strategies Chicago on Monday, Dec. 8, 2008. The title of his keynote is “Remix: Making Art and Commerce Thrive in the Hybrid Economy.”

And, if you read the description of Professor Lessig’s keynote in the conference agenda, it says: “The content industry has convinced industry in general that extremism in copyright regulation is good for business and economic growth. That’s false. In this talk, Professor Lessig describes the creative and profitable future that culture and industry could realize, if only we gave up IP extremism.”

What is he getting at?

Well, “Remix: Making Art and Commerce Thrive in the Hybrid Economy” also happens to be the title of Professor Lessig’s new book, which just went on sale on Amazon.com.

And, according to the editorial reviews on Amazon.com, “The author of Free Culture shows how we harm our children — and almost anyone who creates, enjoys, or sells any art form — with a restrictive copyright system driven by corporate interests. Lessig reveals the solutions to this impasse offered by a collaborative yet profitable ‘hybrid economy’.”

It goes on to say that Professor Lessig, who is the reigning authority on intellectual property in the Internet age, “spotlights the newest and possibly the most harmful culture war — a war waged against our kids and others who create and consume art.” It adds, “America’s copyright laws have ceased to perform their original, beneficial role: protecting artists’ creations while allowing them to build on previous creative works. In fact, our system now criminalizes those very actions.”

How does it do that? Well, Professor Lessig argues that “biting” riffs from films, videos, or songs shouldn’t be crimes. Why? It makes felons out of some of today’s most talented artists.

Professor Lessig argues that the way to end this war is to embrace what he calls the “read-write culture,” which allows its users to create art as readily as they consume it. And he can already see glimmers of a new hybrid economy that combines the profit motives of traditional business with the “sharing economy” evident in such websites as Wikipedia and YouTube.

Wow. That’s strong stuff. And, if we play buzzword bingo at SES Chicago 2008, then there are a couple arcane business concepts that we can use on our bingo cards.

But, this short blurb may not do justice to Professor Lessig. So, I emailed him some questions about the topic of his opening keynote. And he emailed me his answers — quickly, I might add.

Here is our Q&A:

Q: Who benefits and who is harmed by extremism in copyright regulation?

A: Benefits: Lawyers (certainly). The record companies (maybe). Harmed: Artists, businesses, consumers — and a generation of (criminalized) kids.

Q: What are the “read-write culture” and the “hybrid economy”?

A: A RW culture is one where ordinary people are empowered to participate in the creation and recreation of their culture. Every culture in human history has been RW, save for a few dark years in the 20th century.

A hybrid is a commercial entity that tries to leverage value out of a sharing economy, or a sharing economy that tries to use a commercial entity to support it. Either way, two radically different cultures need to learn how to work together with each other.

Q: When will this war on our kids stop, the “read-write culture” be reborn, and the “hybrid economy” start to flourish?

A: When policy makers are woken up to the extraordinary cost this war is imposing.

Q: Where can we already see glimmers of a new “hybrid economy” that combines the profit motives of traditional business with the “sharing economy”?

A: I think everywhere around us. All of the interesting Internet businesses today are hybrid: Flickr, Second Life, Yelp!, even Amazon builds much of its business from the sharing activity of its customers.

Q: Why is IP extremism bad for business and economic growth?

A: Practice moderation. When the lawyers in the room start insisting that the licenses you create must impose perfect control over everything you have, ask them to prove it. Ask them to demonstrate that the business return from that relationship of antagonism is higher than its cost. Don’t give over your business’ future to those who don’t think like a business man or woman. Keep focused on the only undeniable truth: IP is an asset. Like any business asset, it should be deployed to maximize the value of the corporation.

Let me add that I’ve watched the 19-minute-long video of Professor Lessig speaking at last year’s TED Conference as well as the 4-minute 35 second video from OpenSourceCinema which is embedded below. So, I am confident that he will rock the house at Search Engine Strategies Chicago.

Lessig Remix

Professor Lessig was also named one of Scientific American’s Top 50 Visionaries, for arguing “against interpretations of copyright that could stifle innovation and discourse online.” He’s on the board of the Creative Commons project has served on the board of the Electronic Frontier Foundation. He was also a columnist for Wired, Red Herring, and the Industry Standard.

In other words, he’s a speaker worth coming to SES Chicago to hear. And, yes, I do think I’ll put some of his arcane business concepts on a buzzword bingo card.