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Archive for April, 2006

MBA announces support for Lance Dutson

Thursday, April 27th, 2006

As I reported earlier, the Media Bloggers Association has stepped up to assisnt in the defense of Maine blogger Lance Dutson against the multi-million dollar federal lawsuit he has been served with by Warren Kremer Paino, the ad agency of record for the State of Maine Office of Tourism.

The MBA (disclosure: I am a board member) is working to publicize Lance’s case in an effort to shine a light on his accusers and their actions. Furthermore, the MBA’s legal council, Ronald Coleman, is participating in Lance’s defense of this action.

From the MBA’s announcement:

“This case is nothing more than an attempt by a deep-pocketed litigant to bully a blogger for criticizing state officials and state contractors”", said MBA President Robert Cox. “We have successfully defended MBA members in nine previous cases and I don¹t expect the outcome here to be be any different.”

Dutson went public this morning with news of the lawsuit and provided key links here including his account of the events leading up to the lawsuit and the complaint served on Dutson by the local sheriff at his home in Maine. Dutson has vowed to fight.

“The idea that criticism of the state government can be defamatory is absurd”, said Dutson, “This attempt to bludgeon critics of the state government is not going to work.”

Through it’s legal defense initiative, the MBA provides member bloggers with “first line” legal defense, pro bono advice on how best to respond to legal threats related to the member’s blog.

“Bloggers don’t usually have an in-house legal department or high priced outside First Amendment counsel, but they’re at least as likely to need one as any MSM outlet. That’s where we come in,” said MBA General Counsel, Ronald Coleman of the Coleman Law Firm.

Stay tuned to Lance’s MaineWebReport and the Media Bloggers Association website for more news.

Maine blogger sued by Maine Office of Tourism subcontractor

Thursday, April 27th, 2006

Lance Dutson, the blogger whose ‘Pay-per-gate‘ investigation has uncovered several instances of incompetence by the Maine Office of Tourism and its subcontractors, today announced he has been sued for over a million dollars by Warren Kremer Paino, the Office of Tourism’s advertising agency of record.

This is a devious, frivolous lawsuit, designed to intimidate Dutson into silence, and it should not- and will not- stand. Dutston has decided to stand and fight, and bloggers everywhere should support him by linking to him and publicizing this idiotic abuse of our legal system by the Warren Kremer Paino advertising agency.

Dutson is supported in his fight by an excellent legal team, including the support of Ron Coleman, council for Media Bloggers Association (disclosure: I am on the Board of Directors for the MBA). Coleman and the MBA are a perfect 8-0 in defending lawsuits against bloggers, and I have faith that Dutson’s case will prove to be another victory for bloggers’ rights.

One more thing: Nobody should forget that while the lawsuit has been filed by the Warren Kremer Paino advertising agency, they are involved in this mess as the advertising agency of record for the Maine state Office of Tourism. As a citizen of the state, I fully expect that the Office of Tourism would have something to say in this matter. So, how are they going to respond? Will they come down in favor of the ad agency that is suing one of their citizens for millions of dollars? Or will they stand up for somebody they are supposed to be working on behalf of?

Stay tuned…

The future of online video is ‘Bright’

Monday, April 24th, 2006

In January, I predicted video would be the #1 story of the web in 2006.

At his RTNDA keynote in Las Vegas today, Brightcove CEO Jeremy Allaire supported my thesis. Lost Remote has an excellent wrap-up of his speech, where he demonstrated the new and exciting Brightcove platform which is about to go live (give it about two weeks or so). It’s a huge story, as Brightcove appears to be the first truly usable, open platform for creating, distributing, and monetizing personally-created video.

A summary of Brightcove, from Lost Remote’s coverage:

Brightcove is behind some of the most innovative video projects on the web, and founder and president Jeremy Allaire’s keynote follows. He demonstrated Brightcove’s tool that allows just about anyone to build their own player experience from a variety of templates and settings. And he talked about upcoming plans to encourage anyone to upload, distribute and sell video through Brightcove’s tools and a new relationship with AOL. More…He begins by mapping out the promises of internet TV: open distribution, consumer choice, multi-screen delivery and content owner control. A broad overview for the broadcast folks in the crowd.

I’ve been testing out a form of the Brightcove player for a few months but what I’ve seen is nothing like what Allaire demonstrated today. This is exciting stuff.

Yahoo! Movies does recommend for you, sort of

Thursday, April 20th, 2006

Today, Dave Winer wrote that he wishes Yahoo! would implement a feature wherein it recommended him movies he might like based on the input he’s provided on the site.

I may be confused, but as an avid Yahoo! Movies user, I was pretty sure the site already did that, so I checked it out. Sure enough, when I’m logged in and viewing the detail page for certain movies (I chose Thank You For Smoking in this case), here’s what Yahoo! tells me:

Yahoo! screenshot

I highlighted the recommendation area (or rather, dulled out the rest of the page). As you can see, based on my 152 recommendations (with a link to view them), Yahoo! is recommending me this flick (which I really want to see, by the way).

One thing that could vastly improve the usefulness of the service is if they displayed notifications next to the title of the movie on the “Now Playing” page. So if visit movies.yahoo.com, enter my zip, and see a resulting list of showtimes, they should put happy faces or checkmarks or something next to those movies it thinks I might like. Perhaps something like that is more along the lines of what Winer was suggesting.

Rabbit

Wednesday, April 19th, 2006


Rabbit, originally uploaded by jgclarke.

I came home today and found this little friend hanging out in my basement. He came to stay overnight but he has to go home again tomorrow.

Lame observation

Tuesday, April 18th, 2006

It’s amazing how much people will pay for such an abstract thing as a logo.

Advertising on jasonclarke.org

Monday, April 17th, 2006

As you may have noticed, I’m now expirementing with advertising on jasonclarke.org. Individual post pages now include text ads served by Google’s AdSense program.

Because I cover a variety of subjects here, and I get middling traffic, I don’t expect much from these ads, but I’m interested in testing their effectiveness.

I’m open to feedback, so if you have some, leave a comment or email me.

Domain names for sale

Thursday, April 13th, 2006

I am offering the following domain names for sale, with a brief suggestion for what to do with each name:

activetopic.net
I believe this is the strongest name with the most potential. This name will work great for a business (publishing, content, search) or application (tracking, rss, aggregation, etc.). I originally intended to build a service that would track authors and their books across a variety of metrics such as Amazon rankings, Technorati results, sales, etc. The tool was to be aimed at PR firms and publishing houses.

tourguding.org
Use the phrase to describe your management style, motivational course/speech, or related. Or, take it more literally a be a source or agregator of tour guiding information.

notebox.org
Develop a service to store notes/to-do lists (as I had planned), or instead, build a site where people can leave notes for each other to be picked up. Could be romantic/fun.


yayme.org

Build a site where people can store personal “yay me” lists. A Yay Me! list is one where you keep track of accomplishments, successes, etc. for personal motivation/inspiration. This

Any offer(s) considered.

Notes from the week

Thursday, April 13th, 2006

Eeek! I’ve been away for over a week (rhyme not intended). Here are some of the things I’ve been up to since I’ve been gone:

* On Sunday, three years to the day of the launch of Moorelies.com, I re-launched by TV/Video/DVD blog, Network Landscape. Check it out, and if you’re interested in covering online video, TV, and etc., drop me a line.

* I added some photos to Flickr today, including two of the bookshelves in our office. I tagged them with the showyourbookshelves tag so if anybody wants to join in that or whatever, go on. I think it would be fun to browse what folks have on their shelves.

* We’re finally, hopefully, cancelling Adelphia cable in favor of DishTV (Any DishTV subscribers out there, feel free to leave pro/con comments or emails).

* Upcoming Summer Watch: We’ve grilled out once, cut down a couple of errant branches, and played badminton at work twice. Yardwork to come.

37Signals’ ‘Getting Real’ sets a bad precedent for self-publishing

Tuesday, April 4th, 2006

Wildly popular software firm 37Signals is earning much press- predictably, some of the nicest is their own ;)- for the success of their latest book, Getting Real. If you haven’t heard, Real is a book on project management, software development, and business tips for the Web 2.0 era.

To their credit, the self-publishing model has allowed them to earn over $120,000 in profit by selling just ~6,000 copies of their book. For those who don’t know, that’s a pretty big deal, as most authors earn 8-15% royalties from their books, meaning that 6,000 copies sold is often either a failure or a moderate break-even for those choosing the traditional publishing route.

Although the firm deserves credit for their risk, I’m bothered by a precedent they’re setting. During the checkout process for the book (which I can’t link to thanks to their Ajax-ified site), they ask that buyers check a box agreeing to the following statement:

I understand I’m purchasing a single copy of book for myself and I won’t make copies of the book or distribute it to anyone else.

Think about that for a second: despite the fact that it’s in digital format, we are still talking about a book here. A book that- don’t forget, it’s in electronic format, meaning it’s nothing but a file- will cost you an already hefty $19 to own. That price ticks up a bit if you choose to print it, using your own paper and ink in the process (two things that are typically included in the price of a book). Now, they’re asking- ne, making me agree- not to distribute it?

They’re obviously reacting to the nature of the distribution platform; in this case the conventional wisdom is that a file is much easier to share than a physical book. But how much easier? Is it really so hard for me to carry a lightweight book to a friend’s house? Or to sell it or swap it on one of the innumerable auction/discount/trader sites out there on the web?

Sure, it may be more difficult than emailing a file. But imagine if every book you ever purchased came with a note that said “You must not distribute this book to anyone else.” Wouldn’t that be, oh I don’t know, laughable? How far would that kind of edict stand when discovered by intellectual property activists such as the fine folks at Creative Commons?

I’m not suggesting that 37Signals- or any author or self-publisher- should give away their product: far from it. As a published author, I’m keenly aware of the instinct to receive compensation in exchange for my efforts. However, it seems to me that there are two sides of the fence to come down on, and 37Signals has perhaps come down on the wrong one here.

Am I wrong, or is one of the advantages of selling your product on the web the fact that you can encourage distribution, sharing, linking, and via those factors employ your readers and buyers as evangelists, marketers, booksellers? Doesn’t it show more confidence in your product if you give more books away, not force your readers and buyers to watch over your property with little or no stake in it themselves?

That was the conclusion, but I won’t go away without offering some positive suggestions for altering their policy. Here goes:

* Lower the price. Guys, drop the price to $9.99. Let’s be honest here- some (read: lots) of the cost of publishing goes into, you know, printing and shipping the books: two big factors you’ve wisely avoided. So skip the vanity price in favor of one that will appeal to a wider audience and pass the savings onto your adoring fans. They may just thank you for it.

* Ease the draconian sharing restriction. Instead of telling buyers that they “won’t make copies of the book or distribute it to anyone else”, I suggest they re-phrase their agreement this way:

- Please do not distribute electronic copies of this book
- If you love the book and want to share it, please print a copy and share that. Then encourage others to do the same.

* Share the love. Send out 20-30 printed, bound copies of the book to bloggers, software developers, etc. Do it on your dime and ask them to consider reading the book and possibly offering their thoughts via their blog or in company meetings, etc. Then encourage them to share those printed copies freely. Guess what? Nobody will. Those 30 or so printed beauties will become like gold-plated trading cards among the tech blogerati, and you’ll get much better press for it in the long run. It would take away 30 guaranteed sales, but it might earn you a few hundred more from folks who may not have known you before.

UPDATE: I changed the spelling of the word “precedent” in this post after reading this rude, snarky comment on this guy’s Flickr photostream. Go, civility! And for those who think the above post is a “rant”, please explain exactly why in the comments. Be careful to define the word “rant” for the purposes of your argument.

   

   

 

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