Geek News and Musings

Earlier court rulings have found that sports leagues cannot stop videos games from using player stats, since that’s factual information. But, what about player likenesses? Many had assumed that was still forbidden without a license, but a new court ruling has found otherwise. Former football player Jim Brown had sued EA, claiming the use of his likeness violated his rights, but a district court judge has dismissed the case, saying that video games are “expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment,” and thus are protected by the First Amendment. The case will almost certainly be appealed, but for now, it’s a big win for video game makers and their ability to use player likenesses in their games without licensing them first.

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Ah September, it’s like we hardly knew you. Before we say goodbye for good, let’s enjoy a look back at the Hackintosh-building, underhyped-webapp-highlighting, browser-speed-testing, workspace-supercharging posts that were most popular this month.

• How to Build a Hackintosh with Snow Leopard, Start to Finish
  Two years ago, I detailed how to build a Hackintosh for under $800—then covered how to do the same with less hacking. Now that Snow Leopard's out, we're revisiting the Hackintosh, building a Hack Pro from scratch for roughly $900.
• Top 10 Underhyped Webapps, 2009 Edition
  As with rock music, video games, and other awesome pursuits, great web applications often don’t get enough credit for what they do well. We’re revisiting and updating our favorite underhyped webapps to give a new crop of contenders their due.
• Install Snow Leopard on Your Hackintosh PC, No Hacking Required
  Two weeks ago I detailed how to build a Hackintosh with Snow Leopard, start to finish, with a little Terminal work. If you’re not comfortable with command-line hacking, you can now install Snow Leopard on your Hackintosh with just a few point-and-clicks.
• Browser Speed Tests: Chrome 4.0 and Opera 10 Take On All Challengers
  Opera 10 final is out, Chrome just turned one year old, and Firefox 3.5 has settled into stability. It’s time once again to break out the timers and speed test today’s web browsers.
• Nine Workspaces Where Famous Folks Get Stuff Done
  Whether you prefer the clean minimalism of Steve Jobs and 37 Signals or the creative chaos of Tina Fey and Pixar, there’s a lot to learn from the workspaces of the well-known.
• Top 10 DIY Projects for an Extra Day Off
  It’s the last day of an unusually long weekend, and there’s absolutely nothing on the schedule. Break out the tools and pull up one of these nifty DIY projects to improve your living space and boost your can-do cred.
• Helvetical Turns Google Calendar Into a Thing of Beauty
  Firefox/Chrome/Opera/IE: I've never found Google Calendar to be particularly unattractive—until I compared it to the sleek, clean look of Google Calendar with the Helvetical user script, that is.
  
• Rejuvenate Your Workspace with These Office Supply Favorites
  We normally leave all-things-gadgetry to our sibling blog, Gizmodo, but office supplies are one territory we can’t resist. In the spirit of our Supercharge Your Workspace week, here’s a look at 20 of our favorite workspace organizers, note-takers, and accessories.
• Top 10 Ways to Get More From a Cameraphone
  The best camera, the saying goes, is the one you have with you. Whether that’s an impressive iPhone 3GS or a $20-with-2-year-plan flip model, you can pull off great shots and make life easier with these cameraphone tactics.
• Google Wave First Look
  If you’re not one of the 100,000 lucky users who gets an invitation to Google Wave today, don’t fret. You can check out Google Wave right here.

Did you know that FAIL Blog serves up 22 million video views per month, and Engadget gets at least 2.3 million monthly views for its gadget videos, while Joystiq gets another 2 million? All three blogs use Viddler, which is now selling ads directly for its top content providers though its just-launched Viddler AdWorks. Advertisers can see a directory of the top three dozen video producers on Viddler and buy ads on their videos (overlay, pre-roll, and post-roll).

Viddler is selling ads against 30 million views a month collectively from those top producers, out of a total of 36 million views for all the videos uploaded to Viddler. FAIL Blog, which puts up videos of pratfalls and people acting stupidly, on its own accounts for 73 percent of Viddler’s video ad inventory, and is a big reason Viddler’s total views have gone from 10 million in January, 2009 to 36 million in August, 2009. After that, the most popular Viddler producers are Engadget and Joystiq, which are both owned by AOL, followed by niche video like WineLibraryTV (142,424 monthly views) and Gary Vaynerchuk’s personal marketing videos, which get only 27,070 views per month).

It quickly dwindles down to very small numbers per show, but Viddler is hoping to change that with its new ad network, and get more of its partners to put more of their best videos on Viddler instead of on YouTube or Blip.tv or Brightcove. As big as FAIL Blog is for Viddler, it streams even more videos directly on YouTube, where it has the 7th-most watched channel.

For ads that Viddler sells directly it is offering video partners ad rates starting at $3 per thousand views (CPMs) for overlays and $10 for pre-rolls. A video show that attracts a highly-focused, affluent niche audience like WineLibrary.TV can command a $10 CPM for overlays. These rates compare to about 80-cent CPMs that video producers currently get for the Google AdWords ads Viddler places in their videos today, and will continue to use for any inventory it can’t sell.

The other attractive element of Viddler’s AdWorks is that video publishers can choose to sell their own ads if they think they can get a higher rate than Viddler. In that case, they pay Viddler a flat $2 CPM for overlays, and $4 CPMs for pre-rolls. So if AOL’s (or Engadget’s) salesforce can get better than a $5 CPM for overlay ads, it is better off selling ads itself ($5-$2=the $3 CPM they would get from Viddler selling the ads).

Video partners also have the option to sign up for a business account, where they pay per gigabyte and can either opt out of ads entirely or participate in AdWorks to offset their subscription costs. So Viddler straddles the video hosting space between a free ad-supported model (like Blip.tv) and a hosted subscription model (like Brightcove). A video producer will have to weigh that flexibility and the guaranteed CPMs Viddler is offering against the broader reach of a YouTube or even Blip.tv, which is about twice the size of Viddler in terms of videos streamed and can now place ads in YouTube as well.

Viddler remains a niche player in the online video hosting industry, but it’s never taken VC money and seems to be carving out a nice little business for itself.

Crunch Network: CrunchBase the free database of technology companies, people, and investors

Twitter has just announced a new feature that is sure to excite anyone who has been waiting for the site to offer an alternative to its Suggested User List. Appropriately called ‘Lists’, the new feature will allow anyone to make a list of other Twitter users and label it appropriately (for example, I could make a list called ‘TC Staff’), then share that list with other members. Twitter writes that the feature is still in limited testing, but that it will eventually be rolled out to all users.

By default any lists you create will be public, though you’ll also be able to hide them. If you choose to leave them publicly viewable, other Twitter users will be able to hit a button to “Follow this list” so they can add everyone at once. This is a big deal — until now the only convenient way to start mass following people on Twitter has been to use its own curated SUL. I won’t be surprised if we see some users vying to become the best ‘list makers’, offering comprehensive lists of celebrities, news portals, bloggers, and more. It will also be interesting to see if Twitter aggregates the most comprehensive Lists and includes them as part of the signup process (which would effectively just be the SUL in a different form).

Twitter’s post describing the new feature isn’t particularly detailed, but it seems like this may have a larger impact than just discovery — it could also potentially be used for Grouping, a feature that some third party apps have offered but that hasn’t been officially supported by Twitter. In short, this will let you group the people you follow into different list (say, one for News, one for close friends, and so on), and then quickly jump between them. Twitter will be supporting the new listing feature through its API, so we can likely expect this functionality to be extended to most third party applications that don’t already support grouping.

Also worth noting: a logical extension to grouping will be to support search within groups, which could help users weed out spam. Of course this is Twitter we’re talking about, so it could still be quite a while before we see this happen.

‘Lists’ may compete with sites like WeFollow that specialize in listing top Twitter users in various categories (on the other hand, these sites could actually become even more popular if they become the best places to find the most comprehensive Lists). It’s also likely going to replace TweepML, the open standard format for sharing groups of Twitter users.

Crunch Network: CrunchGear drool over the sexiest new gadgets and hardware.

Last week, Google was ordered to deactivate someone’s Gmail account, because Rocky Mountain Bank had totally screwed up and sent the Gmail account holder an email by accident, which contained all sorts of confidential information. It’s still not at all clear how Rocky Mountain Bank made such a monumental screw up, but we’ll leave that aside for now. On Monday, the two companies asked the judge for permission to restore the email, after they realized that the email in question had never been opened, and Google had deleted it from its servers. Case closed?

Well… not so fast. Paul Alan Levy, from Public Citizen, sees a number of serious problems with the whole episode, starting with the legal complaint in the first place — which offered no opportunity for the email account user to speak up and argue for his or her own rights, against having the account deactivated. But just the legal proceedings themselves suffered from some serious problems:

First, the complaint. Rocky’s complaint is based on the contention that, having botched its obligation to keep its own customers information secret, it was obligated under various state and federal banking regulations to seek to recover the information and prevent its further dissemination. The complaint further alleges that regulatory officials expressed their endorsement of efforts by the Bank to protect the confidentiality of the information. The complaint sought a declaratory judgment that Rocky Mountain was entitled to information about the account holder, and that Google was obligated to prevent use of the information sent to the account. It sought an injunction enjoining Google and the account holder from accessing or distributing the information mistakenly sent to the email account, and compelling Google to identify the account holder. But curiously absent from the complaint was any allegation about how either Google or the owner of the gmail account had violated the plaintiff’s rights, or any assertion of a cause of action against either Google or the anonymous account holder, that would form the basis for granting relief against either. Nor did Rocky Mountain’s papers explain why section 230 of the Communications Decency Act entitled it to bring an action against Google, or to obtain any relief against Google, even assuming that it had a claim against the gmail account holder. Without a cause of action and without a violation of the plaintiff’s rights, why was Rocky Mountain entitled to relief, and why should the defendants be subjected to an injunction? Neither the complaint, nor the brief in support of the TRO, explains this.

Second, the lack of federal court jurisdiction. Although the complaint identified only Google as a defendant, Rocky Mountain asked for relief against the anonymous gmail account holder, which is obviously, therefore, a defendant just as Google was. Indeed, if either Google or the account holder was the right defendant here, it is the account holder. But this poses a serious problem, because the law is clear that a Doe defendant cannot be sued under diversity jurisdiction. If there had been any party with any incentive to protect the Doe’s rights in this case, that party could have pointed this jurisdictional defect out to the Court, which would therefore have been obligated to dismiss the case instead of issuing a TRO.

Oops. And, from there, Levy also wonders why Google was so quick to roll over without trying to defend the user’s rights:

Rocky Mountain’s papers recount that it asked Google for help freezing the account and identifying the account holder but that Google refused to do so without “a valid third party subpoena or other appropriate legal process.” Yet despite the filing of plainly defective papers, there is no indication in the publicly filed papers that Google either opposed the requested order or insisted that it be given the opportunity to notify the Doe gmail user so that he or she could obtain counsel and oppose the requested order. Nor do the papers contain any discussion of efforts to notify either Google or the anonymous user about the requested order, even though Rule 65(b)(1) of the Federal Rules of Civil Procedure requires either notice to the parties sought to be enjoined, or a compelling explanation of why notice was not possible. (Because the Bank noticed the problem on August 13, and waited until September 17 to file its suit, it is hard to believe that a few more days’ delay to give proper notice would have been catastrophic). And within a day of the issuance of the order (one day before the compliance deadline), Google provided the court with a document explaining how it had complied with the TRO and asked, jointly with Rocky Mountain, that the TRO be vacated.

Indeed. It’s certainly understandable why everyone wanted to make sure the data was not compromised, and in this case, it sounds like the account in question was probably inactive or rarely used (or the email went to spam). So everything may have ended up okay. But that’s no excuse for potential violations of an individual’s rights in trying to correct a mistake by the bank.

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Windows only: Learning through repetition is a proven method for learning new information. Freeware application Memoriser brings that repetition to the screen you stare at all day with a digital approach to flash cards.

Memoriser pops up questions at predetermined intervals while you use your computer to quiz you on whatever you’re trying to memorize. Similar to previously mentioned Mac-only flash card application Genius, Memoriser tracks the questions you get wrong and quizzes you more often on the ones you have the most trouble with.

Questions can be grouped into categories and each question can be individually toggled on or off. The one-at-a-time method of entering questions can be a bit slow, but you can hand-edit the questions.ini file in the Memoriser install folder if you feel comfortable with plain text. Memoriser is freeware, Windows only.

Let us know your best tricks for getting the stuff you need to know into your brain in the comments.

Windows 7 will officially be released on October 22, but PC World has already given the new operating system a side-by-side spin with Vista and concluded that it’s only “marginally faster” than its older sibling.

In their performance test, the site “found an increase in speed, though the overall improvement [over Vista] wasn’t dramatic.” One area where 7 did see significant improvement over Vista was in disk performance.

For example, in our hard-disk-intensive WorldBench 6 Nero test—in which we create a series of images of an optical disc and then save them—every PC we tested showed an improvement [in Windows 7]. In our comparison of the 64-bit versions of Vista and Windows 7, the IdeaPad Y530 performed the test twice as quickly with the newer OS. Meanwhile, our Gateway T-6815 was almost two and a half times faster, going from a time of 1648 seconds to complete the test on Windows Vista to a time of 667 seconds on Windows 7.

As for boot-up and shutdown speeds, the tests saw mixed results—depending on the hardware used, sometimes Vista booted faster, other times Windows 7 did.

Browse the full post for the complete results. Despite PC World’s tests, most new Windows 7 users at least perceive speed improvements over Vista, which is what most users will care about anyway. If you’ve been using Windows 7 RC or Beta, let’s hear what you’ve felt about its relative speed in the comments.

All aboard the Madagascar Institute’s jet-powered merry-go-round! (Thanks, Benjamin!)

The more successful you are, the more likely you are to get sued over some bogus claim of copyright infringement, it seems. Having just settled a silly lawsuit from Joe Satriani, it seems that others are stepping forward to see if Coldplay will settle with them. This latest one is seriously ridiculous. Peter Friedman has the details of a guy who is suing Coldplay for copyright infringement, because in a recent video they used the idea of interacting with things happening on a chalkboard. Seriously. Check the two videos out:

The only thing in common is the concept of interacting with chalk on a wall. Even the actual themes of the video are entirely different. And, of course, there have been many other videos predating this other guy’s.

My guess is that the guy suing knows all of this (or had a lawyer explain it to him), but he’s still suing for one reason: because it may get his video and his name some attention (which is why we’re not naming him directly in this post). These are the types of lawsuits for which there should be serious sanctions against those bringing them. It’s almost certainly a bogus lawsuit. Copyright doesn’t cover an idea, and the idea itself wasn’t even that original. The videos are entirely different. This has a high likelihood of simply being abuse of copyright law and the court system because some unknown musician wants extra attention.

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Here’s the trailer for the movie adaptation of Cormac McCarthy’s bleakly horrific, post-apocalyptic novel The Road. It looks mighty grim. I’ll be first in line to see it on November 25.

The Road trailer

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