theodp writes "If you say goodbye to paper and hello to green, you may learn first-hand that no good deed goes unpunished. Try to pay your final Verizon Wireless bill online after switching carriers, for example, and don't be surprised if you get a sorry-Dave-I'm-afraid-I-can't-do-that reply. Other vendors may curtail e-Bill services 30 days after you end service. And a promise of access to up to seven years of paperless statements is somewhat empty if you'll be cutoff as soon as you no longer have an account. With more-and-more companies enticing consumers to go paperless, how long a period of time should the records be made available online? Should it extend beyond the life of an account?"

The Recording Industry of America's favorite courtroom lawyer, Tom Perrelli, who has sued individual file swappers in multiple federal courts, is President-elect Barack Obama's choice for the third in line at the Justice Department. CNet's Declan McCullagh explores the background of the man who won the RIAA's lucrative business for his DC law firm: "An article on his law firm's Web site says that Perrelli represented SoundExchange before the Copyright Royalty Board — and obtained a 250 percent increase in the royalty rate for music played over the Internet by companies like AOL and Yahoo," not to mention Pandora and Radio Paradise. NewYorkCountryLawyer adds, "Certainly this does not bode well for CowboyNeal's being appointed Copyright Czar."

A few weeks back we discussed the perspective that the economic meltdown could be viewed as a global computer crash. In the NYTimes magazine, Joe Nocera writes in much more depth about one aspect of the over-reliance on computer models in the ongoing unpleasantness: the use of a single number to assess risk. Reader theodp writes: "Relying on Value at Risk (VaR) and other mathematical models to manage risk was a no-brainer for the Wall Street crowd, at least until it became obvious that the risks taken by the largest banks and investment firms were so excessive and foolhardy that they threatened to bring down the financial system itself. Nocera explores the age-old debate between those who assert that the best decisions are based on quantification and numbers, and those who base their decisions on more subjective degrees of belief about the uncertain future. Reliance on models created a 'false sense of security among senior managers and watchdogs,' argues Nassim Nicholas Taleb, who likens VaR to 'an air bag that works all the time, except when you have a car accident.'"

theodp writes "Working as a NASA intern, grad student Erez Lieberman had a eureka moment, resulting in an algorithm that detects whether a person is standing correctly or is off balance. Unfortunately, MIT liked it so much they decided to patent it. Seeking permission to use his own idea for his iShoe startup, which develops products like insoles to address the problems of seniors, Lieberman was told no problem — as long as he promised a hefty royalty and forked over a $75,000 upfront payment. Whether or not students are aware of it, the NYTimes reports that most universities own inventions created by students that were developed using a 'significant' amount of schools resources. Colleges and universities once obtained fewer than 250 patents a year, but that was before the Bayh-Dole Act gave them ownership of inventions developed through federally financed research. Now they acquire about 3,000 a year, and in 2006 licensing fees and equity in spinoff companies totaled at least $45B — research powerhouses like Stanford and NYU pocketed $61M and $157M, respectively."

AOL has been shutting down its free Web services, in some cases with little or no notice to users, and they are not the only ones. This blog post on the coming "datapocalypse" makes the case that those who host Web content should be required to provide notice and access to data for a year, and be held strictly accountable the way landlords are before they can evict a tenant. Some commenters on the post argue that you get what you pay for with free Web services, and that users should be backing up their data anyway. What do you think, should there be required notice and access before online hosts take user data offline for good?

theodp writes "So where do you turn to for great ideas when tough times force you to abort your engineers' brainchildren? If you're Google, reports Nicholas Carlson, you simply outsource brainstorming to your users. Google's launched a new Google Product Ideas blog as well as a Product Ideas for Google Mobile site where users can submit feature and product ideas and vote on others. So what's in it for you if you come up with Google's next billion-dollar-idea? 'If you post an idea or suggestion and we put it into action, we may give you a shout out on our Product Ideas blog,' explains Google, 'but we won't be compensating users for their ideas.' Lucky thing don't-be-evil Googlers don't have to live up to the IEEE Code of Ethics, or they might have to credit properly the contributions of others." So what's wrong with a shout out among consenting adults?

theodp writes "According to Microsoft, 'No information is collected during the [Genuine Advantage Program] validation process that can be used to identify or contact a user.' That's little comfort to the software counterfeiters who were just handed jail sentences ranging from 1.5-6.5 years by the Futian People's Court in China, especially since Microsoft contends that much of the estimated $2B in bogus software was detected by its Windows Genuine Advantage program. 'Software piracy negatively impacts local economic growth,' explained Microsoft VP Fengming Liu in a celebratory New Year's Eve press release. But then again, so does transferring $16B of assets and $9B in annual profit to an Irish tax haven, doesn't it?"

theodp writes "Microsoft's vision of your computing future is on display in its just-published patent application for the Metered Pay-As-You-Go Computing Experience. The plan, as Microsoft explains it, involves charging students $1.15 an hour to do their homework, making an Office bundle available for $1/hour, and billing gamers $1.25 for each hour of fun. In addition to your PC, Microsoft also discloses plans to bring the chargeback scheme to your cellphone and automobile — GPS, satellite radio, backseat video entertainment system. 'Both users and suppliers benefit from this new business model,' concludes Microsoft, while conceding that 'the supplier can develop a revenue stream business that may actually have higher value than the one-time purchase model currently practiced.' But don't worry kids, that's only if you do more than 52 hours of homework a year!"

wytcld writes "Fairpoint Communications, which has taken over Verizon's landline business in Maine, New Hampshire and Vermont, has announced that on February 6, 'AOL, Yahoo! and MSN subscribers will continue to have access to content but will no longer be able to access their e-mail through the third-party Web site. Instead, Yahoo! and other third-party e-mail will be accessed directly at the MyFairPoint.net portal.' Since Verizon spun off its lines to Fairpoint in a maneuver that got debt off of Verizon's balance sheets by saddling Fairpoint with it, there was concern by the public service boards of the three states about how Fairpoint would deal with that debt. Fairpoint's profit plan: force all Webmail users through Fairpoint's portal, by blocking all direct access to Webmail portals other than its own. Will Fairpoint's own search engine portal be next? What can stop them?"

theodp writes "Taking a page from the insanely-jealous-husband-playbook, Motorola management has adopted an if-I-can't-have-you-nobody-can stance on its fired employees, reportedly blocking RIM from offering jobs to laid-off workers. In a complaint filed in state court, Motorola is charged with improperly trying to expand a previous agreement 'to prevent the RIM entities from hiring any Motorola employees, including the thousands of employees Motorola has already fired or will fire.' Through its Compete America membership, Motorola has repeatedly warned Congress that failing to accommodate the lobbying group members' 'principled' demand for timely access to talent would not be in the United States' economic interest and would make the US second-rate in education and basic research."

theodp writes "In a move that would do pre-makeover Ebenezer proud, Amazon.com's 1-Click lawyers put the USPTO to work on Christmas Eve. On Dec. 24th, the USPTO acknowledged receipt of yet another round of paperwork submitted by Amazon's high-priced legal muscle, the latest salvo in Amazon's 3-year battle to fend off a patent reexamination triggered by the do-it-yourself legal effort of actor Peter Calveley. Amazon CEO Jeff Bezos' 1-Click patent is also under attack on another front — on Dec. 23rd, the USPTO received $810 from Amazon's attorneys together with a request that the agency invalidate Patent Examiner Mark A. Fadok's final rejection of 1-Click patent claims on the grounds of obviousness. On the bright side, patent clerks — unlike Bob Cratchit — get the day after Christmas off!"

theodp writes "You know times are tough when the best place to work in America replaces holiday bonuses with a request for unpaid labor. Blaming the economic crisis, Google management has canceled the traditional cash holiday bonus — reportedly as much as $20K-$30K per Googler — and substituted an unlocked Google Android cell phone, retail price $400. An accompanying email calls for employees to celebrate the 'chance for us to once again dogfood a product and make it even better!'" Update: 12/23 01:09 GMT by KD : A reader pointed out that comments to the article note a couple of inaccuracies: the Android phone being offered is an unlocked dev model, which goes for $400; and the reporter may have confused holiday bonuses with performance bonuses. The former have traditionally been in the range of $1,000, according to two comments.

theodp writes "Barack Obama supporters were left shaking their heads after a report surfaced that the president-elect was using a Zune at the gym instead of an iPod. So why would Mac-user Obama be Zune-ing out? Could be one of those special-edition preloaded Zunes that Microsoft bestowed on Democratic National Convention attendees, suggests TechFlash, nixing the idea that the soon-to-be Leader of the Free World would waste time loading Parallels or Boot Camp in OS X just to use a Zune."

theodp writes "No doubt many will nod knowingly as they read Paul Graham's The Other Half of 'Artists Ship', which delves into the downside of procedures developed by Big Companies to protect themselves against mistakes. Because every check you put on your programmers has a cost, Graham warns: 'And just as the greatest danger of being hard to sell to is not that you overpay but that the best suppliers won't even sell to you, the greatest danger of applying too many checks to your programmers is not that you'll make them unproductive, but that good programmers won't even want to work for you.' Sound familiar, anyone?"

theodp writes "Nine years ago Monday, Amazon kicked off the Holiday Season by slapping Barnes and Noble with a court injunction barring BN from using a checkout feature that Amazon said represented illegal copying of its patented 1-Click technology. 'We're pleased that Judge Pechman recognized the innovation underlying our 1-Click feature,' said Jeff Bezos in a press release. But an Appellate Court wasn't quite as impressed with Amazon's innovation. Nor were USPTO Examiners who were asked to take another look at the merits of Amazon's 1-Click patent claims. Still, 1-Click lives on, although Amazon's lawyers are currently fighting two separate rejections by USPTO Examiners, burying USPTO Examiners in paper, and employing canceling-and-refiling tactics that some may find reminiscent of Eddie Haskell's chess end-game strategy. So much for Amazon-led patent reform."

theodp writes "The NY Times questions the $400M in low-interest federal loans requested by Tesla Motors as part of the $25B loan package for the auto industry passed by Congress last year. 'The program is intended to encourage automakers to improve fuel efficiency, but should it be used for a purpose like this, as the 2008 Bailout of Very, Very High-Net-Worth Individuals Who Invested in Tesla Motors Act?' Tesla says it is assembling about 15 cars a week and has delivered about 80 of its $109,000 base-price Roadsters to date, many of which have gone to the Valley's billionaires and centimillionaires who are Tesla investors as well as early customers. We discussed the company's financial difficulties last month."

theodp writes "With control of 63% of the world's Internet searches, as well as ownership of YouTube, the NY Times reports that Google is the most powerful and protean of the Internet gatekeepers, exerting enormous influence over who can find an audience on the Web around the world. Deciding what controversial material does and doesn't appear on the local search engines Google maintains in many countries — as well as on Google.com, YouTube, Blogger, Picasa, and Orkut — falls on the shoulders of Nicole Wong and her colleagues, who have arguably been given more influence over online expression than anyone else on the planet. Some find Google's gatekeeper role worrisome: 'If your whole game is to increase market share,' says Lawrence Lessig, 'it's hard to do good, and to gather data in ways that don't raise privacy concerns or that might help repressive governments to block controversial content.'"

theodp writes "In an Onion-worthy move, the USPTO has decided that IBM inventors deserve a patent for splitting a restaurant bill. Ending an 8+ year battle with the USPTO, self-anointed patent system savior IBM got a less-than-impressed USPTO Examiner's final rejection overruled in June and snagged US Patent No. 7,457,767 Tuesday for its Pay at the Table System. From the patent: 'Though US Pat. No. 5,933,812 to Meyer, et al. discussed previously provides for an entire table of patrons to pay the total bill using a credit card, including the gratuity, it does not provide an ability for the check to be split among the various patrons, and for those individual patrons to then pay their desired portion of the bill. This deficiency is addressed by the present invention.'"

theodp writes "Intellectual Ventures (IV) will be setting up shop at the top of a Four Seasons this week as Headline Sponsor of the Ready to Commercialize 2008 conference hosted by the University of Texas at Austin. It's the patent firm's 100th university deal, though some, such as Professor Michael Heller at Columbia University, warn against such deals. '... their individual profit comes at the cost of the public ability to innovate. The university's larger mission is to serve the public interest, and some of these deals work against that public interest.' It's a follow-up to the conference IV sponsored last summer for technology transfer professionals entrusted with commercializing their universities' intellectual property, and should help IV, a friend of Microsoft, snag even more exclusive deals (PDF)."

brothke writes "It has been suggested that if one was somehow able to change history so that aspirin had never been discovered until now, it would have died in the lab and stand no chance of FDA approval. Similarly, if we knew the power that Google would have in 2008 with its ability to aggregate and correlate personal data, it is arguable that various regulatory and privacy bodies would never allow it to exist given the extensive privacy issues." Read below for the rest of Ben's review.