"The Intruder". A Stunning Mobile Phone Concept
from textually.org by emily
Spotted on SCIFI.com, the most stunning concept phone designed by Dennis Hopkins, called The Intruder.
Friday, April 13, 2007
Perfect 10 v. CCBill: “direct financial benefit” means infringing material must draw users, says Ninth Circuit
(Source: http://blogs.zdnet.com/Howell/?p=119) Posted by Denise Howell @ 1:51 am April 13th, 2007 Late last month, the Ninth Circuit Court of Appeals came out with an important decision, Perfect 10 v. CCBill (PDF), that required it to interpret and apply both the Digital Millenium Copyright Act and Section 230 of the Communications Decency Act — two of the most important U.S. provisions governing conduct on the Live Web. Jason Schultz, Professor Goldman, and Joe Gratz all have good summaries of the details. First, see Jason's rundown of the parties and facts of the case: Background: Perfect 10 publishes adult entertainment magazines and websites. Many third-party websites post Perfect 10 images without permission. CCBill et al provide hosting and credit card services to those sites. Perfect 10 sued CCBill et al. for assisting in the infringement of their copyrights and associated state claims, such as violating the rights of publicity of Perfect 10 models. CCBill raised, among other defenses, the DMCA Safe Harbors and Section 230 of the CDA. Next, there's a lot of meat to the opinion and I encourage you to check out all three of the discussions linked above. But the most interesting part of the decision to me, particularly in the context of the pending Viacom v. YouTube suit, is the court's take on what constitutes a "direct financial benefit" sufficient to preclude a defendant's successful invocation of the DMCA's safe harbor language. Once again from Jason: The Court held that a provider falls outside the protections of 512(c) if they receive "direct financial benefit" from infringing conduct, and that this term should be interpreted consistent with the "similarly-worded common law standard for vicarious copyright liability." The Court then went on to state that the relevant inquiry was "whether the infringing activity constitutes a draw for subscribers, not just an added benefit." Since CWIE (the hosting co-defendant) hosted sites for a fee unrelated to the amount of infringing material, the court found this did not qualify as a direct financial benefit. The "direct financial benefit" exemption is one of the most crucial legal points at issue in Viacom v. YouTube, and here we have the Ninth Circuit saying that if the presence of infringing material is merely an "added benefit" and not a primary draw, a defendant should be immune under the DMCA from liability for the infringing acts of others. As a practical matter, this requires parties and courts to classify and quantify the role of the infringing material, and thus imports a Sony v. Universal/substantial noninfringing use-esque anlaysis into interpreting and applying the DMCA. Advantage YouTube/Google — though the Second Circuit (where Viacom v. YouTube is pending) is well known for departing from the reasoning of the Ninth. There's much more to tease out of the decision. Professor Goldman wraps it up as follows: This Ninth Circuit panel clearly understood the dangers that copyright and publicity rights lawsuits pose to Internet intermediaries, and they took a number of useful steps to push back on a very aggressive plaintiff's novel but expansive theories. Kudos to them. But with two other Perfect 10 cases pending with the Ninth Circuit, I strongly suspect that the most interesting and powerful aspects of this ruling soon will be reshaped by the subsequent opinions. http://lawgeek.typepad.com/lawgeek/2007/03/perfect_10_v_cc.html http://blog.ericgoldman.org/archives/2007/03/ninth_circuit_o.htm http://www.joegratz.net/archives/2007/03/30/more-on-perfect-10-v-ccbill/ http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act http://en.wikipedia.org/wiki/Sony_Corp._v._Universal_City_Studios
More Research Shows How The Fashion Industry Is Helped By The Lack Of Intellectual Property Rights
from Techdirt by Mike Back in 2003, we mentioned an article that compared the entertainment industry to the fashion industry, noting that even though there was no intellectual property protections over clothing design and copying was rampant, the fashion industry was thriving. This shouldn't come as a surprise, really. After all, without the artificial protectionism, the fashion designers are forced to continually compete by continually innovating and always trying to come out with the latest and greatest design. Even though others copy, there's tremendous value in being the first, or being the "big name" in the industry. The article included this fantastic quote: "Ideas arise, evolve through collaboration, gain currency through exposure, mutate in new directions, and diffuse through imitation. The constant borrowing, repurposing, and transformation of prior work are as integral to creativity in music and film as they are to fashion." In 2005, the NY Times wrote a similar article, but warned that the fashion industry was moving in the wrong direction, as lazy designers who didn't want to compete and wanted to rest on their laurels had started pushing for new intellectual property over their designs. Late last year, the calls for such protectionism grew even stronger -- though, the reasoning doesn't make any sense. The entire point of intellectual property protections is to create incentives for a market. If that market is already thriving, why do you need to add new incentives? The real reason is that it's not to provide incentives. It's a way for successful players to keep making money without continuing to innovate -- which is simply bad for society. The NY Times is taking another look at this issue, this time in a piece written by well-known economist Hal Varian, who points to a recent study that doesn't just note that the fashion industry has thrived without intellectual property protection, but notes that a big part of the reason it has thrived is because of the lack of IP. In other words, if those pushing for those new IP rights get them, the end result will likely be harmful to the overall fashion industry. Again, this shouldn't be surprising, as removing protectionist policies tends to increase competition and the size of the addressable market, but it's certainly a good example to point to when people insist that things like the music industry wouldn't exist without copyright protection.
Thursday, April 12, 2007
Buffalo joins Hitachi in the 1TB HDD club
from Engadget by Evan Blass
Perpendicular magnetic recording has brought us storage densities beyond our wildest dreams (well, anything above 640KB is pretty amazing, actually), with Buffalo today joining Hitachi in the exclusive, highly-sought after 1TB 3.5-inch hard drive club. Besides the now-legendary 7K1000, consumers will soon have the chance to pick up a nearly-1,024GB platter known as the almost-impossible-to-remember HD-H1.0TFBS2/3G, which features the same 7200 RPM / 3.0Gbps speeds that we've become accustomed to. Japan will see this one first -- sometime around the end of the month -- for about ¥60,165, so expect an eventual street price of under $500 when these finally spin their way stateside. As for us, we're gonna hold off for the time being, because surely this flood of terabytes means that 1PB models are right around the corner.
Nanogenerator Provides Continuous Electrical Power
For more information contact: John Toon, Research News & Publications Office Contact John Toonjtoon@gatech.edu 404-894-6986
Nanogenerator Provides Continuous Electrical Power
Device harvests energy from the environment to provide direct current
Atlanta (April 5, 2007) — Researchers have demonstrated a prototype nanometer-scale generator that produces continuous direct-current electricity by harvesting mechanical energy from such environmental sources as ultrasonic waves, mechanical vibration or blood flow.
Zhong Lin Wang, Regents Professor in the School of Materials Science and Engineering at Georgia Tech, holds a prototype DC nanogenerator fabricated using an array of zinc oxide nanowires. (Georgia Tech Photo: Gary Meek)
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Based on arrays of vertically-aligned zinc oxide nanowires that move inside a novel “zig-zag” plate electrode, the nanogenerators could provide a new way to power nanoscale devices without batteries or other external power sources. “This is a major step toward a portable, adaptable and cost-effective technology for powering nanoscale devices,” said Zhong Lin Wang, Regents’ Professor in the School of Materials Science and Engineering at the Georgia Institute of Technology. “There has been a lot of interest in making nanodevices, but we have tended not to think about how to power them. Our nanogenerator allows us to harvest or recycle energy from many sources to power these devices.” Details of the nanogenerator are reported in the April 6 issue of the journal Science. The research was sponsored by the Defense Advanced Research Projects Agency (DARPA), the National Science Foundation (NSF), and the Emory-Georgia Tech Center of Cancer Nanotechnology Excellence. The nanogenerators take advantage of the unique coupled piezoelectric and semiconducting properties of zinc oxide nanostructures, which produce small electrical charges when they are flexed. Fabrication begins with growing an array of vertically-aligned nanowires approximately a half-micron apart on gallium arsenide, sapphire or a flexible polymer substrate. A layer of zinc oxide is grown on top of substrate to collect the current. The researchers also fabricate silicon “zig-zag” electrodes, which contain thousands of nanometer-scale tips made conductive by a platinum coating.
Close-up image shows a prototype direct-current nanogenerator fabricated by Georgia Tech researchers using an array of zinc oxide nanowires. (Georgia Tech Photo: Gary Meek).
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The electrode is then lowered on top of the nanowire array, leaving just enough space so that a significant number of the nanowires are free to flex within the gaps created by the tips. Moved by mechanical energy such as waves or vibration, the nanowires periodically contact the tips, transferring their electrical charges. By capturing the tiny amounts of current produced by hundreds of nanowires kept in motion, the generators produce a direct current output in the nano-Ampere range. Wang and his group members Xudong Wang, Jinhui Song and Jin Liu expect that with optimization, their nanogenerator could produce as much as 4 watts per cubic centimeter – based on a calculation for a single nanowire. That would be enough to power a broad range of nanometer-scale defense, environmental and biomedical applications, including biosensors implanted in the body, environmental monitors – and even nanoscale robots. Nearly a year ago, in the April 14, 2006 issue of the journal Science, Wang’s research team announced the concept behind the nanogenerators. At that time, the nanogenerator could harvest power from just one nanowire at a time by dragging the tip of an atomic force microscope (AFM) over it. Made of platinum-coated silicon, the tip served as a Schottky barrier, helping accumulate and preserve the electrical charge as the nanowire flexed – and ensuring that the current flowed in one direction. With its multiple conducting tips similar to those of an AFM, the new zig-zag electrode serves as a Schottky barrier to hundreds or thousands of wires simultaneously, harvesting energy from the nanowire arrays. “Producing the top electrode as a single assembly sets the stage for scaling up this technology,” Wang said. “We can now see the steps involved in moving forward to a device that can power real nanometer-scale applications.”
Schematic shows the direct current nanogenerator built using aligned ZnO nanowire arrays with a zigzag top electrode. The nanogenerator is driven by an external ultrasonic wave or mechanical vibration and the output current is continuous.
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NSSO ponders harvesting solar energy via satellites
Posted Apr 12th 2007 5:15AM by Darren Murph (from Engadget)
When you've already got colleagues dreaming up space sunshades, all of a sudden harvesting energy from outside of the Earth's atmosphere doesn't sound like such a stretch. Apparently, ambitious individuals at the Pentagon's National Security Space Office (NSSO) may "begin a study in the near future on the possibility of using satellites to collect solar energy for use on Earth." Notably, the plan actually seeks to not only provide an alternate source of fuel to the oil-dependent dwellers here on Mother Earth, but it would hopefully provide ample energy "to US troops in bases or on the battlefield." As impossible as it may sound, the present probably isn't a bad time to consider such an endeavor now that solar cells are becoming increasingly efficient, and since an actual deployment wouldn't even be in the cards until "around 20 years" from now, it's not like there's oodles of time to waste.
[Via Wired]
Samsung's Mobile WiMax MITs devices go live in S.Korea
from Engadget by Thomas Ricker
As if you weren't already feeling cheated by your data plan, Samsung comes along and launches a few Mobile WiMax MITs (Mobile Intelligent Terminal) devices in S.Korea: their SPH-M8100 WinMo 6.0 cellphone and SPH-P9000 (pictured) all-out convergence thingamajig. That's right, 12Mbps or about 2-3 Mbps when traveling up 120-KPH (75-MPH). While the Mobile WiMax (or WiBro as it's hailed in its Korean home) service isn't country-wide yet, Korea Telecom's offering does cover the 10M+ people scooting about Seoul and its southern suburbs including 17 universities and 4 subway lines. How S.Korea pulled a 19 ranking on the technology superpower list still has us scratching our heads.
Sony Demos 9mm-thick High-Def OLED Displays
3mm thick. This one isn't HD, however, capping out at 1,024 x 600. No word on when we'll see either of them, but this is a very promising sign of what OLED is capable of.
FlickrCash lightbox grid - Augustine's Flowers
OnRequest Images Raises $9M (stock images)
from alarm:clock by BT Seattle's OnRequest Images has raised $9M from Menlo Ventures and current investors Maveron and Frazier Technology Ventures. OnRequest is an odd bird investment. The company sells a range of photo management services to corporations to help them manage their brands. It claims to employ a global network of more than 1,600 photographers, combines that with pre-and-post production services, and Web-based image management, licensing and rights management services, and brand imagery consulting, OnRequest Images empowers brands to develop the right visual approach based on culture, ethnicity, and demographics. OnRequest claims to give companies original photos that other companies can't use. It points to two advertisers that used the same stock photograph of a man in their ads -- Met Life and Viagra. Do viewers notice? Who knows.
Lumileds - Philip's Luxeon Rebel
from PSFK Trend: PSFK by Piers Fawkes
A new micro-LCD light system that Philips have developed. At just 3mm by 4.5mm, the Luxeon Rebel delivers 80 lumens per watt which makes it just about the most efficient light source around. The small size reduces the manufacturing costs and the size of the circuit board helps it fit in fixtures that are 50% slimmer.
It is also colour balanced in warm, neutral or cool white so it will look good in the home. “LUXEON Rebel will cause a rapid change in solid-state lighting design,” said David Eastley, Product Manager. “LUXEON Rebel takes advantage of our latest chip, phosphor and packaging technologies to accelerate the use of LEDs in a wide range of lighting applications, particularly residential and other ‘white lighting’ applications for which LED options have been limited.”
'You Who?' - Trust in Web 2.0
Posted by centernetworks 04/12/2007
At the end of 2006, Time magazine decided that its person of the year was 'You'. Yes, You. All the You's that create and rate content on heavy hitting sites such as MySpace, Wikipedia and YouTube. The reason behind this is that a shift has happened where content isn't generated or rated by experts anymore. Instead it's by everyday folk like you. This is further back up by a recent Revolution survey showed that within the 16-44 age group: 48% have been to a blog site 26% have created their own blog 74% have rated or reviewed products, content or services You and user generated content User generated content is one of the key foundations of Web 2.0. (For those of you that haven't heard the hype, Web 2.0 is a term created to define the second phase of the Internet following the dot com crash.) One of the key foundations of Web 2.0 is new functionality that changes content within a page based on what a user does. But let's get back to You - after all, this article is all about You! First of all who are You and more importantly how can I trust You? In fact the same question applies to me from your perspective. Who am I and more importantly how do you know that anything I write is worth the HTML it's coded in? Currently there's an avalanche of new content being written on the web. The problem is that it becomes very hard to work out whether the source is accurate and whether the people looking at it know anything at all. So is there anything from web 1.0 that can help us? Trust in Web 1.0 In the old days (read the 1990's) trust was mostly to do with ecommerce. How could you trust a website enough to either give your personal details or credit card numbers to buy something? A whole set of standards was subsequently developed to ensure users trusted your website. Some of the key points were to: Prove there's a real organisation behind your site (e.g. contact details, about us section) Explain what you're going to do with sensitive information Provide third party evidence of your credibility (e.g. testimonials) Have a professional design Regularly update the site so it looks alive and fresh Avoid all errors of any kind But are these guidelines still relevant? Do we need any other guidelines? The problem with user generated content In Web 2.0 the issue of trust has moved away from the people that run the site and is now starting to focus more on the people that populate it. People are engaging with each other at a one to one level in so many ways, such as: Business (e.g. eBay) Pleasure (e.g. MySpace, YouTube, Secondlife) Information (e.g. Wikipedia, Digg) Classifieds (e.g. Craigslist, Gumtree) The issue of 'Can I trust this site?' still exists, but the new issue, 'Can I trust the people on it?' is now equally important. The main difference now is that content is being generated by anyone and then being rated by anyone. How can you be sure that what other users write is true? For example, there's been some controversy about the reliability of articles on Wikipedia, the online encyclopaedia. Even more controversy occurred when a guy solicited dates from other men pretending to be a woman on the personals section of Craigslist. He then published all their personal details on the web! Yet another example is online restaurant guides. How can you trust someone's review when you don't know their tastes? Is the reviewer someone who goes out solely for tasty food or someone who goes out for the atmosphere/occasion? So, how do we resolve these issues? Trust 2.0: Ensuring trust in Web 2.0 To ensure site visitors continue to trust your site, you need to ensure users are who they say they are. Ways you can achieve this when users are registering include: E-mail an activation link Send a text message with an activation code Send the activation code to a home or business address You can also: Only allow site visitors access to content/functionality if recommended by a registered user (LinkedIn, the online career network, does this) Show people you know their IP address when they're logged in Collect users' credit card details If site visitors know you've validated the credibility of users creating content, they're far more likely to trust that content. Other ways of increasing trust of user generated content, and enhance the credibility of users, include: Make users' profiles publicly available to everyone in the community (the profile can include tastes, expertise or experience, for example) Allow users to rate a person for their content, services or products (eBay does this) Set up a reference system to highlight respected contributors (Amazon now gives out 'badges' to reviewers, where they get tagged with 'real name' (if the site can verify that it's their real name) or 'top 500 reviewer' (if the site feels the person has given good reviews)) Have real time face-to-face interaction (e.g. Skype on eBay, Winebit) You won't of course need (or want) to implement all of these techniques - think about what your site is trying to achieve and the needs of your audience. You should then be able to come up with an appropriate trust strategy. Conclusion Guidelines for ensuring trust borne out of Web 1.0 still remain very valid in today's Internet. After all, web users need to be able to trust your website and the content that you've put on there. They also need to trust content generated by other users - follow some of the advice in this article to ensure this! This article was written by Mark Halabi. He's crazy about web usability and accessibility - so crazy that he's head of client services at usability and accessibility consultancy, Webcredible. He's extremely good at running focus groups and carrying out card sorting sessions.
A tale of two animated cursor attacks
April 9th, 2007 Posted by Ryan Naraine (ZDNet) At the height of the animated cursor(.ani) attacks last week, there were two different groups using different motives to hit a different set of targets. According to Websense Security Labs, the first set of attacks started in the China region and appear to be the work of groups within the Asia Pacific Region. The attackers have compromised hundreds of machines and placed IFRAME’s back to the main servers that host the exploit code. In most cases the payload and motivation of these attacks is to gather credentials for online games. A few days later, a second set of attacks started up from a group in Eastern Europe known for using malware lures to launch identity theft attacks. This group has been placing exploit code on sites for many years now and has a very resilient infrastructure. They have used WMF, VML, and several other exploits in there routines previously. As of now they have also added the ANI attacks to their arsenal. The payload and motivation is somewhat different however as they are more known to install rootkit’s and crimeware which is designed to install form grabbing software and keyloggers in order to compromise end-user banking details. Also in the past they have installed fake anti-spyware software as a distraction and as a means to falsify someone into acquiring some anti-spyware software. More than two weeks after the attacks were first spotted, there are still more than 2,000 unique sites that are hosting exploit code and/or are compromised and are pointing to machines that host exploit code, Websense said. According to Andreas Marx of AV Test, there are more than 46,000 different URLs that together serve up almost 3,000 different corrupted animated cursor files.
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