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Nintendo claims ownership over gamer fanvids on YouTube

Alan Wexelblat comment on the news that Nintendo has claimed "monetization rights" to fan videos on YouTube that feature tips on playing its games. Some of these videos are incredibly popular, and while their use of Nintendo's creations are often fair use, Nintendo gets to use YouTube's monetization system to advertise on all the videos:

The basic idea is that if someone makes a video of themselves playing a Nintendo game and uploads it to YouTube any ads shown with that video will be of Nintendo's choosing and revenue from it will flow to Nintendo. Ads may appear beside the videos or actually be inserted before and after the video when people go to play it.

The problem here is that "Let's Play" style videos are a pervasive form of information and sharing throughout the industry. I did a quick YouTube search for "let's play" for this blog post and got back over 9.1 million hits. People create these videos to show off their skills, to highlight interesting things they've seen such as game "easter eggs", to provide guides or walk-throughs, or just to share a bit of fun with friends. There are a few professional or semi-professional games writers who use this style of video to promote themselves or their channels, but they are a tiny minority of that nine million.

Nintendo has positioned its action as a gentler approach; rather than trying to ban content related to Nintendo games, they just want to make money off it by changing the video that an individual uploaded. Yeah, um, guys that's not a whole lot better. It also comes across as cheap and lazy - rather than creating content for YouTube that fans and players would want to watch, Nintendo is just taking over other peoples' content.

Nintendo Decides It Can Own Fans' YouTube Content

Associated Press quietly nukes its dumber-than-dumb DRM-for-news system


Do you remember the Associated Press's 2009 announcement that they had discovered a magic-beans technology that would let them stop people from quoting the news unless they paid for license fees (for quotes as short as 12 words, yet!)?

Didn't work.

Since the launch... we heard absolutely nothing about NewsRight. There was a launch, with its newspaper backers claiming it was some huge moment for newspapers, and then nothing.

Well, until now, when we find out that NewsRight quietly shut down. Apparently, among its many problems, many of the big name news organization that owned NewsRight wouldn't even include their own works as part of the "license" because they feared cannibalizing revenue from other sources. So, take legacy companies that are backwards looking, combine it with a licensing scheme based on no legal right, a lack of any actual added value and (finally) mix in players who are scared of cannibalizing some cash cow... and it adds up to an easy failure.

AP's Attempt At DRM'ing The News Shuts Down [Mike Masnick/Techdirt]

(Image: AP: Protect, Point, Pay)

Will robots take all the jobs?

In a fascinating installment of the IEEE Techwise podcast [MP3], Rice University Computational Engineering prof Moshe Vardi discusses the possibility that robots will obviate human labor faster than new jobs are created, leaving us with no jobs. This needn't be a bad thing -- it might mean finally realizing the age of leisure we've been promised since the first glimmers of the industrial revolution -- but if market economies can't figure out how to equitably distribute the fruits of automation, it might end up with an even bigger, even more hopeless underclass.

I think the issue of machine intelligence and jobs deserves some serious discussion. I don’t know that we will reach a definite conclusion, and it’s not clear how easy it will be to agree on desired actions, but I think the topic is important enough that it deserves discussion. And right now I would say it’s mostly being discussed by economists, by labor economists. It has to also be discussed by the people that produce the technology, because one of the questions we could ask is, you know, there is a concept that, for example, that people have started talking about, which is that we are using, we are creating technology that has no friction, okay? Creating many things that are just too easy to do.

Many of these ideas came up in this Boing Boing post from January, which also touches on Race Against the Machine: How the Digital Revolution is Accelerating Innovation, Driving Productivity, and Irreversibly Transforming Employment and the Economy, a book that Vardi mentions in his interview.

The Job Market of 2045 (via /.)

Company that oversees US "six-strikes" copyright shakedown has its company status revoked

The Center for Copyright Information -- a company established by the RIAA, MPAA and various ISPs -- to oversee the American six-strikes copyright enforcement status has had its company status revoked and faces fines and other penalties. It appears that they forgot to file their government paperwork and pay their fees; they promise that they'll be back online once it's sorted out.

The revocation means that CCI’s articles of organization are void, most likely because the company forgot to file the proper paperwork or pay its fees.

“If entity’s status is revoked then articles of incorporation / organization shall be void and all powers conferred upon such entity are declared inoperative, and, in the case of a foreign entity, the certificate of foreign registration shall be revoked and all powers conferred hereunder shall be inoperative,” the DCRA explains.

Unfortunately for the CCI, the DCRA doesn’t have a strike based system and the company is now facing civil penalties and fines.

It appears that company status was revoked last year which means that other businesses now have the option to take over the name. That would be quite an embarrassment, to say the least, and also presents an opportunity to scammers.

“When a Washington DC corporation is revoked by the DCRA, its name is reserved and protected until December 31st of the year the corporation is revoked. After December 31st, other business entities may use the corporations name,” the DCRA explains on its website.

“Six Strikes” Anti-Piracy Outfit Loses Company Status, Faces Penalties [Ernesto/TorrentFreak]

(Thanks, That Anonymous Coward)

Help make Abercrombie and Fitch synonymous with homelessness

As you know, Abercrombie and Fitch is a horrible shitshow of a company whose owner refuses to make large sized clothes so that "unattractive people" can't wear them, and who burns surplus clothing rather than donating it to charity to keep their clothes off poor peoples' backs. So Gkarber has set out to make the brand synonymous with homelessness, by clearing out thrift shops' supply of A&F and bringing it to skid row and giving it to homeless people. He'd like you to participate by clearing out your closets and donating any A&F to your local homeless charity..

Abercrombie & Fitch Gets a Brand Readjustment #FitchTheHomeless

Abusive restaurateurs stage spectacular social media meltdown


Amy’s Baking Company Bakery Boutique & Bistro is Scottsdale, AZ gained some small notoriety when it became the first restaurant that Gordon Ramsey gave up on in his show Kitchen Nightmares, in which the restaurateur helps failing businesses reform their ways. The Ramsey segments show the owners of the restaurant, Samy and Amy Bouzaglo, screaming obscenities at customers, taking servers' tips, and generally behaving very badly.

But that was just for warmup. After the episodes aired and showed up on YouTube, the Bouzaglos took to Facebook to condemn their critics on Reddit and Yelp with a mix of profanity, Bible-thumping, spurious legal threats, and, finally, a claim that it wasn't them at all, all the crazypants stuff had been the work of hackers who took over their Facebook account.

In a world with innumerable social media hissyfits and bun-fights, the Bouzaglos' meltdown stands out as a world-beater. Truly, this is an exceptional episode of bad behavior.

This is the Facebook page for Amy’s Baking Company Bakery Boutique & Bistro, a restaurant in Scottsdale, Arizona.

Inside the world's largest ghost mall, America finds schadenfreude and comfort for its fears of a Chinese century

It's hard to say what's more interesting about this video in which a CNN reporter tours the New South China Mall, the largest mall in the world when it was built five years ago, now a deserted ghost-mall. On the one had, there's the "eerie urban landscape" of the mall itself, and on the other, there's the comforting, sinophobic narrative of the clip: "China's economy is huge and growing, America's is contracting, but look, it's all smoke and mirrors! The Chinese growth is just an illusion!"

The New South China Mall was once promoted as the world's biggest mall, but it's now pretty much deserted.

Inside the world of "booters" -- cheesy DoS-for-hire sites

Brian Krebs delves into the world of "booter" services, low-level, amateurish denial-of-service websites where you can use PayPal to have your video-game enemies' computers knocked off the Internet by floods of traffic. Many booter services run off the same buggy codebase, and Krebs was apparently able to get inside the administrative interfaces for them and get some insight into their business.

One such is "Asylum," which appears to be run by Chandler Downs, a 17-year-old Chicago-area honor-roll student who reportedly made $35,000 in PayPal payments in exchange for denial-of-service attacks. Asylum even has an ad (narrated by an actor hired through the casual labor exchange site Fiverr) where, for $18/month, you can launch unlimited DoSes against "skids on Xbox live."

Young Mr Downs claimed that his service was not used to attack people, but only for legitimate stress-testing, then he changed his story and said he was only managing the service for someone else, and "You are able to block any of the 'attacks' as you say with rather basic networking knowledge. If you're unable to do such a thing you probably shouldn't be running a website in the first place."

Nixon noted that all of the packets incoming from the traffic she ordered to her test machines appeared to have been sent from spoofed IP addresses. However, when she used the “Down or Not?” host checker function on Asylum, the site responded from what appears to be the real Internet address of one of the servers that are used to launch the attacks: 93.114.42.28. She noted that a booter service that appears to be a clone of Asylum – vastresser.ru – is hosted on the same server.

Asylum, like most other booter services, is hidden behind Cloudflare, a content distribution network that helps sites block attacks that services like Asylum are designed to launch. Apparently, getting attacked is something of an occupational hazard for those running a booter services. Behind the Cloudflare proxy, Nixon found that the secret IP for the Asylum stresser Web frontend was 93.114.42.205.

Both IP addresses map back to Voxility, a hosting facility in Romania that has a solid reputation in the cybercrime underground for providing so-called “bulletproof hosting” services, or those that generally turn a deaf ear to abuse complaints and requests from law enforcement officials. In January 2013, I profiled one data center at this ISP called Powerhost.ro that was being used as the home base of operations for the organized cybercrime gang that is currently facing charges of developing and distributing the Gozi Banking Trojan.

According to Krebs, "Between the week of Mar. 17, 2013 and Mar. 23, 2013, asylumstresser.com was used to launch more than 10,000 online attacks."

DDoS Services Advertise Openly, Take PayPal

How JPMorgan Chase Affords Those Big Bonuses

Alan sez, "Apparently they do it by clogging the court system with dubious - and allegedly fradulent - claims against people for credit card debt. Let's see... massive numbers of lawsuits, hasty filings, breakneck pace, questionable and incomplete records. I wonder if JPMC is taking a page from the Cartel's playbook?" Cory

NewsCorp shareholders make another bid to democratize the Murdoch family empire

The traditional shareholder revolt at NewsCorp (owner of Fox, Fox News, Sky, Harper Collins, the NY Post, the Wall Street Journal, the Sun) is back for another run, and this time it's gathering steam and may indeed make it. Rupert Murdoch and his family own a minority of the shares in NewsCorp, but their shares are in a special class of voting stock that means that they effectively get to do whatever they want with the majority investors' money. Effectively, Murdoch's initial pitch to investors was, "I'll take your money, but I'm not interested in your advice -- just cough up, shut up, and let me run this thing and I'll pay you some fat dividends."

But it's all gone rather wrong. Murdoch's ideological projects and nepotism have cost the business millions -- between a sweetheart deal that saw the company buying his daughter Elisabeth's startup Shine for £413M of the shareholders' money, and his son James's presiding over a phone-hacking scandal that destroyed News of the World, the bestselling newspaper (sic) in Britain, the investors are getting a bit tired of Murdoch running NewsCorp like his own personal fiefdom. It's one thing to play Colonel Kurtz in the jungle when it's making the shareholders rich, but when you start frittering away titanic assets like the NotW because you need to give your idiot son a job, well, that's another story.

As I said, this isn't the first time the shareholders have taken a swing at Rupert and his spawn, but this is a bigger, more multi-pronged, and better coordinated approach that any to date. Fingers crossed.

Dissident shareholders are pressing once more for the media mogul Rupert Murdoch to step down as chairman of News Corporation.

Shareholders from the US, UK and Canada filed a resolution on Tuesday, calling for News Corp to appoint an independent chairman. A similar resolution attracted strong support at the media company's annual shareholder meeting last year.

The proposal was introduced by Christian Brothers Investment Services (CBIS), which manages $4.6bn for Catholic institutions worldwide. It is backed by the UK's Local Authority Pension Fund Forum, with assets of £115bn ($178.9bn), and British Columbia Investment Management Corporation, one of Canada's largest institutional investors.

In a separate resolution, Nathan Cummings Foundation, an ethical investment group, has called on News Corp to end the dual-class share structure that allows the Murdoch family to control its media empire despite owning a minority of shares.

Rupert Murdoch must step down as News Corporation chair – shareholders [Dominic Rushe/The Guardian]

Humble Double-Fine Bundle: name your price for an amazing Double Fine games bundle

The Humble Indie Bundle is back again, with the The Humble Double Fine Bundle: name your price for three DoubleFine games, pay more than the average and get a fourth, pay $35 or more and get backer access to the Broken Age Kickstarter, and at $70, you get a t-shirt, too! It's all DRM-free and cross platform (Win/Lin/Mac); as always, you can earmark some or all of your money to EFF and/or Child's Play, the bundle's two nominated charities.

The Humble Double Fine Bundle (pay what you want and help charity) (via Waxy)

Hedge fund managers suck at making money (for you)

The Financial Times analyzed the stock picks of the presenters at this week's Ira Sohn Investment conference in NYC and found that, on average, following a hedge fund manager was a much worse bet than buying passive index funds (though a couple hedgies did do pretty well last year, they were dragged down by the spectacularly wrong advice from the majority):

But a Financial Times analysis of last year's tips shows decidedly mixed results. An investor who followed every top idea from the 12 speakers last year would have made 19 per cent, less than the 22 per cent gain available from a passive index fund tracking the US stock market.

Many of the ideas have proved woefully miscued, including some from the most high-profile managers who will return to the stage on Wednesday: David Einhorn of Greenlight Capital and Bill Ackman of Pershing Square.

Tips From Wall Street Hedge Fund Gurus Fail to Reward Faithful

Ben Laurie on BitCoin

I wrote yesterday about Dan Kaminsky's excellent thoughts on BitCoin, and wished aloud for comparable work from Ben Laurie. It turns out such work exists: here's Ben's critique of BitCoin, and here's his proposal for an alternative. Both are short, clear, excellent reads. Cory

Easy win for publishing: network and systematize PR and marketing

My latest Locus column, "Improving Book Publicity in the 21st Century," addresses the lack of automation and management in traditional publishing an publicity, and suggests some simple and cheap ways that publishers could join up the way its editorial, marketing a PR departments communicate with reviewers and other publicity outlets to save money and score more PR for their writers.

Right now, this stuff all lives in separate word-processing files and spreadsheets in different departments’ hands, which results in all sorts of bizarre occurrences that I see firsthand.

There’s the trilogy whose first volume I blurbed, and whose first two volumes I glowingly reviewed – and I sold a ton of each. The publisher didn’t send me book three for review, even though it had a quote of mine on the front cover, the back cover, and the jacket-flap. They didn’t even tell me it was out – by the time I saw it in a store, it had been out for a month, and my review showed up weeks after the book’s publicity push was over.

I know how that happened: the cover quotes came from editorial and were sent to marketing, which had them in a word-processing document. When PR brainstormed people to send review copies to, they forgot to include me, so it fell through the cracks.

There’s the graphic novel series, now in up to something like 17 volumes. I’ve given every book a positive review, and all the new volumes have quotes from me on the cover. I never get review copies of this one – I don’t even get a notice from the PR department when a new volume is out. But the same PR department has sent me something like nine volumes of another series, none of which I’ve ever reviewed. If I don’t review book one, that means I either didn’t like it, or didn’t even bother with it because it looked so unpromising. Having skipped book one, you can be certain I won’t review book two. This same publisher sends me mountains of single-issue comics, even though I’ve never reviewed one of those.

Improving Book Publicity in the 21st Century

Bloomberg publishes CEO-to-employee-pay chart


Alan sez, "Bloomberg got tired of waiting for the SEC to implement its own rule requiring disclosure of data on how many times the median salary the CEO makes for publicly traded companies so they did a little sleuthing of public data and a little averaging math and calculated the ratio for the top 250 of the S&P 500 companies. The data are searchable and sortable and there's space for companies to comment, which quite a few have done. To my surprise Oracle is not #1, though it is the only tech firm in the top 10."

Top CEO Pay Ratios (Thanks, Alan!)

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