Diller and Aereo win first round: injunction denied

Aereo, a bold bid to transmit television via broadband using tiny off-site antennas, won a major victory in federal court Wednesday when a judge denied the plaintiffs??? demand for a preliminary injunction blocking the service from allowing timeshifting during a live broadcast. The judge found that Aereo???s method of enabling individuals to control viewing and recording from their PCs or mobile devices was covered by an earlier appellate decision.

Oh noes! Free to air appointment television teeters on the brink.

Even more advice for David Shearer

Explaining is everything: Some pundits love to repeat the phrase that ???in politics explaining is losing??? ??? the subtext being that the public are too stupid to understand any complex political or policy issues. But the political science consistently shows that in matters of controversy the public looks to their political leaders (amongst other people) to explain what???s happening and to argue their case. This is something National is really good at ??? Key especially ??? and Labour generally doesn???t do at all, which means our window of political debate is constantly being shifted to the right as National wins almost every argument by default (Welfare and education being the obvious examples). The great exception to this phenomena: Capital Gains Tax. The conventional wisdom was that this policy was political suicide, but David Cunliffe went out, made the arguments and won them all. By the time the election came around public support for Capital Gains was roughly double the level of support for the Labour Party. Not explaining is losing.

That paragraph alone. Always a bit suspicious of aphorisms.

50 Shades of Grey and the Twilight Pro-fic Phenomenon

  • Not only are these authors eschewing traditional publishing, they???re eschewing digital publishing outside of their own communities. They made their own fandom spaces, and then they made their own publishing houses within those spaces. These women weren???t satisfied with the options modern publishing gives them (oh, gee, I wonder why)???but it turns out that they don???t need modern publishing in order to be successful. As reader ???Wildwood??? comments on the Daily Beast:

    The article points out a phenomenon that I see happening across all areas of artistic endeavor, which is the marginalization of the ???suit???. In the past, there has always been a solid wall of judges ??? in the form of editors, publishers, producers, agents, etc ??? who decide what will be offered up for public consumption. Their decisions were not always correct, nor were they always made purely or ethically. The internet takes out the middle-man decision makers and allows artists to put their work directly into the consuming public hand???. For the first time, nobody is in control of what we are offered except ourselves and the artists who create it!

  • Unpacking Kony 2012

    My goal, in this (long) blogpost is to get a better understanding of how Invisible Children has harnessed social media to promote their cause, what the strengths and limits of that approach are, and what some unintended consequences of this campaign might be. For me, the Kony 2012 campaign is a story about simplification and framing. Whether you ultimately support Invisible Children???s campaign ??? and I do not ??? it???s important to think through why it has been so successful in attracting attention online and the limits to the methods used by Invisible Children.

    The parable of the farmers and the Teleporting Duplicator


    Opponents of open access academic publishing may say that this parable is hyperbole. It is, but only in one respect. When people do not have access to food they die quickly. When they don’t have access to science they die more slowly.

    Note this parable works for any incumbent pre-Internet exclusive distribution network or content.

    You Will Never Kill Piracy

    It isn’t about piracy – It’s about the Music Industry losing the ability to re-sell you the same music over, and over, and over. It’s about the Music Industry’s ever expanding back catalog no longer translating to automatic ever-expanding re-sales. The Music Industry spent a hell of a lot of money to make copyright effectively never-ending, explicitly to protect that re-selling revenue stream…and now the carpet has been yanked out from under them.

    That huge drop in sales? That’s called market saturation. Most everyone that wanted a Beatles or Stones recording already owns it…on a format they will effectively never replace again.

    It’s about the Music Industry thinking, wrongly, that they were in the business of selling toothpaste. Then waking up one day to realize they really are selling cast iron frying pans. You’ll always need to buy more toothpaste…but you’ll never need to buy another cast iron frying pan.


    Listen from the cloud.

    Our app was developed using HTML5, a language mobile devices love. You can listen to audio books across all devices and browsers and you’ll never have to download another plug in again. We’ve also incorporated a cloud-based technology which allows you to access your audio books from anywhere in the world and eliminates the frustration that comes with slow downloads and storage constraints.

    Basically, our new app allows you to:

    • Listen to unlimited audio books on-demand
    • Easily switch between listening devices—pause your audio book on your iPhone at the gym and find your place instantly when you continue listening from your laptop at the office
    • Instantly access more than 10,000 best sellers, top new releases and classic favourites
    • Never have to worry about storage restraints because the content lives on a cloud

    That’s the way you do it.


    Have you been following the war on Netflix and Redbox/Blockbuster? The film companies and HBO believe if they make war on these distributors DVD sales will rise and happy days will be here again. This is like the record labels believing they can make CD sales rise if they make war on Best Buy and Wal-Mart and put a shiv into the independents while they’re at it.


    The future is inevitable. Reading is moving to electronic devices and physical media is dead in the music business, despite all the hosannas about vinyl. Sure, vinyl is fun and warm, and who doesn’t love those giant covers, but saying vinyl is making a comeback is like touting the sales of typewriter ribbons, it’s a drop in the bucket, it’s irrelevant nostalgia, a footnote by the side of the road on the way to what comes next.

    And who taught us about the future?


    The public embraced digital photography as well as MP3s. The public has no investment in infrastructure, it just latches on to what’s cool and efficient and goes there.

    I’d call the incumbents Canute-like, but Canute was the one who knew the sea wouldn’t be held back by his command, it was his “flattering courtiers” who claimed he possessed that power. So are the incumbents deluded, and denuded, by the tailors who present new clothes, empty promises of a rosy return of the past. Almost tragic.

    `My name is Ozymandias, King of Kings:
    Look on my works, ye mighty, and despair!’