So, apparently Minnesota no longer is just in the news because they have no senator. Now, they decided that they want to known for breaking the first amendment. Apparently, they decided that not only was Poker to be banned in the state, but they are banning all online gambling. To enforce this, they have decided to pass a law and give a list of IP addresses to ISPs to be banned. Yep, the state is violating the first amendment.
Okay, so there is this beautiful ban in place, but we know that it is wrong and illegal. Let's actually look at why.
I believe that this is a violation because it limits a valid mean of communication. Sure, gambling where the house takes a percentage is in violation of state law, but enforcing this ban on the internet is a violation of consumer, corporation, and 1st amendment protections. The government has no right to force an ISP to not provide acccsess to one site or another. The ISP has the right to do so if they wish, but they should not have to do it under the law.
Additionally, they are not a common carrier. The only law that applies to this is if they were a common connection, like a telephone company that serviced both. In this case, most of the sites are overseas, so there is no common connection. In fact, the connection runs through a government center where they house the input output connections of the country. Think about that for a second, they have no right to even request this.
Wait, isn't this more then INTRAstate commerce? Well, Minn. Only has rights to police what is done inside of their state, and this is not only intERstate, but intERCOUNTRY as well. Seriously, this violates the commerce clause in so many ways.
Lastly, let's look at one other issue here. What about the schools, churches, daycares, and hospitals that share the same IP address as these sites. I mean, using the Minn logic, if I host a gambling website from my apartment where I get free wifi then everybody else there who hosts a site is shut down. On average, 50 sites share the same IP and most of these are not related. See the problem? The state is shutting down sites that have nothing to do with this.
Read more ...
Showing posts with label internet. Show all posts
Showing posts with label internet. Show all posts
Wednesday, May 6, 2009
Wednesday, February 18, 2009
Go Screw Yourself Facebook, With Your New TOS
For those of you who have been keeping your heads under some rocks, Facebook changed their TOS on the 4th. Now, according to their TOS, the version that has always been, they do not need to notify us of this change. Keep that in mind. Also to keep in mind, every time you log into facebook, even if it is automatic, you are agreeing to the new terms. Basically, they could change the terms and you are just fucked. To leave the contract you need to log on, thus agreeing to the terms... Arguably, however, if you immediately delete the account you did not agree.
Before we go any further, I would like you to read my Legal page; I am going to be talking some legal things here and want you to read that section very carefully.
So, the new TOS of Facebook states the following:
You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof.
Notice the bolded part. That is right, anything you post on facebook you are granting them rights to us, forever, and anywhere. It used to be that they had the rights unless you canceled the account, but that no longer is the case. Oh, and don't forget, you agreed to arbitration as well.
Now, before we move on to the issues with this, I would like to point out two things.
1) If you don't agree to this contract, and have not signed in since the 4th, then you are able to immediately log in and delete your account. If you have signed in since then, too bad.
2) This does not apply to anything posted PRIOR to the contract. They can not create an ex-post-facto agreement so we are clear in that manner. If Facebook uses a copyrighted image you posted prior to the agreement, and you have sense deleted your account, sue them (consult your lawyer first).
Moving On
Now, this starts to get interesting when you think about what this means. For starters, it creates a fun paradox for all the people who post others images on their facebook. If I post an image made by somebody else, and Facebook uses it in a commercial, what is going to happen? They have the right to use it, as stated in the TOS, but I didn't have the right to put it up there. I really want to see this issue in court at some point.
The other issue is the fact that you are giving Facebook grounds to use your image years after you delete your blog. Blackmail, or things similar, are easily within Facebook's prerogative here as our future leaders are posting harmful images of themselves on the site. Or if I make an image, post it on facebook, and later sell the rights to it. The new owner is screwed when Facebook uses it. The fact that it is an unendable contract is unique (as far as I can tell) to websites and could create some interesting precedent if you get it in court. Oh, wait, it can't be in court, ever...
So, we understand why this change is bad..
Mark, the all glorious and great founder of Facebook, decided to try and defend his decision. He explains that this is simply done to protect Facebook and that they really wouldn't use your information. Basically, he is saying the lawyers made them do it, so you can ignore it.
FUCK THAT
I do not trust Mark one little bit. If you wanted to protect Facebook, you could make it a lot easier by databasing the ones that were deleted. The wording of the TOS change is so unique, and so bloody pompous, that it is obviously intentional. Mark simply did not understand the backlash that this would cause, and he is trying to cover his tracks. Why the hell should I trust a company when it says it is not going to harm us, but claims the right to? That is the logic Mark is using.
Let me tell you something, this change is a bad thing, and we should all protest it the best we can
Comment and let me know what you think
Read more ...
Before we go any further, I would like you to read my Legal page; I am going to be talking some legal things here and want you to read that section very carefully.
So, the new TOS of Facebook states the following:
You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof.
Notice the bolded part. That is right, anything you post on facebook you are granting them rights to us, forever, and anywhere. It used to be that they had the rights unless you canceled the account, but that no longer is the case. Oh, and don't forget, you agreed to arbitration as well.
Now, before we move on to the issues with this, I would like to point out two things.
1) If you don't agree to this contract, and have not signed in since the 4th, then you are able to immediately log in and delete your account. If you have signed in since then, too bad.
2) This does not apply to anything posted PRIOR to the contract. They can not create an ex-post-facto agreement so we are clear in that manner. If Facebook uses a copyrighted image you posted prior to the agreement, and you have sense deleted your account, sue them (consult your lawyer first).
Moving On
Now, this starts to get interesting when you think about what this means. For starters, it creates a fun paradox for all the people who post others images on their facebook. If I post an image made by somebody else, and Facebook uses it in a commercial, what is going to happen? They have the right to use it, as stated in the TOS, but I didn't have the right to put it up there. I really want to see this issue in court at some point.
The other issue is the fact that you are giving Facebook grounds to use your image years after you delete your blog. Blackmail, or things similar, are easily within Facebook's prerogative here as our future leaders are posting harmful images of themselves on the site. Or if I make an image, post it on facebook, and later sell the rights to it. The new owner is screwed when Facebook uses it. The fact that it is an unendable contract is unique (as far as I can tell) to websites and could create some interesting precedent if you get it in court. Oh, wait, it can't be in court, ever...
So, we understand why this change is bad..
Mark, the all glorious and great founder of Facebook, decided to try and defend his decision. He explains that this is simply done to protect Facebook and that they really wouldn't use your information. Basically, he is saying the lawyers made them do it, so you can ignore it.
FUCK THAT
I do not trust Mark one little bit. If you wanted to protect Facebook, you could make it a lot easier by databasing the ones that were deleted. The wording of the TOS change is so unique, and so bloody pompous, that it is obviously intentional. Mark simply did not understand the backlash that this would cause, and he is trying to cover his tracks. Why the hell should I trust a company when it says it is not going to harm us, but claims the right to? That is the logic Mark is using.
Let me tell you something, this change is a bad thing, and we should all protest it the best we can
Comment and let me know what you think
Read more ...
Monday, February 9, 2009
Software Review: OurStage Radio Application for the iPhone
Do you like indie music and the alternative concert scene? Do you like to find new artists all of the time? Interested in checking out new genres that are similar to the ones that you already like? If so, then the new application “OurStage Radio” from OurStage is what you are looking for.
OurStage Radio is an application that allows you to interact with music on your iPhone (or iPod Touch over Wi-Fi) in a whole new manner. You can search for new and independent music under any genre you like. You can search for your favorite artists and find music similar to theirs. OurStage Radio will even recommend and help you discover songs that you might like (which you can then rate, allowing it to learn what you really do like). While I am not a large fan of indie music, OurStage Radio even helped me to find some new bands which I am now interested in.
Pros
OurStage Radio has several nice and interesting feature which differentiate it from the other streaming radio applications that are available on your iPhone. The interface and general layout is a nice feature of this application. All of your options, choices, and desires are clearly labeled and can easily be found. The only difficulty with this is the fact that sometimes it takes some time to move from one to another, which makes you think that you did not hit the button properly. As OurStage Radio also allows you to use it without an account (though nothing is then saved), you are able to experience a large range of indie music even if you do not want to register.
The ability to have favorites and keep music for future reference (say, when you buy it on iTunes) is another nice feature. By allowing personal play lists of any type of music, artist, or general genre the user feels far more enticed and the interface seems more usable. My favorite part of these features is the recommendation tab. OurStage Radio nicely allows all users to search for any and every type of music that they are interested in. Select your favorite styles (from acoustic to heavy metal, from rap to folk) and click the recommend button. Soon after, you will start to experience some fun new music selections. Once you get a small number of ratings done, OurStage Radio then quickly will funnel out the unliked types and start giving you exactly what you want. After only about 30 minutes with OurStage Radio, I was able to get music and bands that I loved, which I then promptly went out to buy.
Cons
As with any application on the iPhone, or really any software, there are some problems with OurStage Radio. My first issue is really the biggest: it is so darn slow. I can understand a slow download and upload speed over an extended network, and even over the 3G network, but over Wi-Fi I cannot see any reason for the application to be that slow. I hope that this is merely a server issue and thus easily fixed, as opposed to one with the actual coding. The switching, starting, and rating of songs is slow and it makes it feel rather work-intensive to get through the less appealing music. Once you get to the songs you like, however (after about 30 minutes of rating), the system works fairly well as it just needs to download the songs once every four minutes or so
Another con with the OurStage Radio application is how much time it takes to start up. The application not only slowly loads songs, but it also takes roughly 30 seconds or so to boot up and start downloading that first song. This does irk me, as sometimes I want music right away. Also, this leads to some instabilities in the application itself. When downloading or uploading over a slower network, the application is prone to crashing. Even after restarting the iPhone (as Apple recommends), the application crashes or takes a fairly long time to do anything. This seems to be random, however, as sometimes I will get four crashes in a row and then nothing else for a few days.
What I Want To See
I would like to see two new features added to OurStage Radio. First is the ability to purchase the songs that you like on iTunes. Imagine being able to search for a style of music you like, listening to it, loving an artist, and then being immediately able to get it off of iTunes. This would both broaden the user base and allow the artists who use OurStage to be able to make more money off of it.
Additionally, I would also like to see (if this is allowed by Apple) the ability for the music to continue even after the application is closed. Using the built-in music player, I am able to surf the Web, check e-mail, and text without my music finishing. With OurStage Radio, the music stops playing immediately after I close the application. If it is allowed, I would love to see this update.
OurStage Radio is a good application that just has some growing pains. Due to its instability (at times) and the slower downloading speeds, I am forced to give it only 3.5/5 stars; however, with plans to update it roughly every other week, I expect OurStage Radio to quickly become a more stable and much, much better iPhone Radio application.
Read more ...
OurStage Radio is an application that allows you to interact with music on your iPhone (or iPod Touch over Wi-Fi) in a whole new manner. You can search for new and independent music under any genre you like. You can search for your favorite artists and find music similar to theirs. OurStage Radio will even recommend and help you discover songs that you might like (which you can then rate, allowing it to learn what you really do like). While I am not a large fan of indie music, OurStage Radio even helped me to find some new bands which I am now interested in.
Pros
OurStage Radio has several nice and interesting feature which differentiate it from the other streaming radio applications that are available on your iPhone. The interface and general layout is a nice feature of this application. All of your options, choices, and desires are clearly labeled and can easily be found. The only difficulty with this is the fact that sometimes it takes some time to move from one to another, which makes you think that you did not hit the button properly. As OurStage Radio also allows you to use it without an account (though nothing is then saved), you are able to experience a large range of indie music even if you do not want to register.
The ability to have favorites and keep music for future reference (say, when you buy it on iTunes) is another nice feature. By allowing personal play lists of any type of music, artist, or general genre the user feels far more enticed and the interface seems more usable. My favorite part of these features is the recommendation tab. OurStage Radio nicely allows all users to search for any and every type of music that they are interested in. Select your favorite styles (from acoustic to heavy metal, from rap to folk) and click the recommend button. Soon after, you will start to experience some fun new music selections. Once you get a small number of ratings done, OurStage Radio then quickly will funnel out the unliked types and start giving you exactly what you want. After only about 30 minutes with OurStage Radio, I was able to get music and bands that I loved, which I then promptly went out to buy.
Cons
As with any application on the iPhone, or really any software, there are some problems with OurStage Radio. My first issue is really the biggest: it is so darn slow. I can understand a slow download and upload speed over an extended network, and even over the 3G network, but over Wi-Fi I cannot see any reason for the application to be that slow. I hope that this is merely a server issue and thus easily fixed, as opposed to one with the actual coding. The switching, starting, and rating of songs is slow and it makes it feel rather work-intensive to get through the less appealing music. Once you get to the songs you like, however (after about 30 minutes of rating), the system works fairly well as it just needs to download the songs once every four minutes or so
Another con with the OurStage Radio application is how much time it takes to start up. The application not only slowly loads songs, but it also takes roughly 30 seconds or so to boot up and start downloading that first song. This does irk me, as sometimes I want music right away. Also, this leads to some instabilities in the application itself. When downloading or uploading over a slower network, the application is prone to crashing. Even after restarting the iPhone (as Apple recommends), the application crashes or takes a fairly long time to do anything. This seems to be random, however, as sometimes I will get four crashes in a row and then nothing else for a few days.
What I Want To See
I would like to see two new features added to OurStage Radio. First is the ability to purchase the songs that you like on iTunes. Imagine being able to search for a style of music you like, listening to it, loving an artist, and then being immediately able to get it off of iTunes. This would both broaden the user base and allow the artists who use OurStage to be able to make more money off of it.
Additionally, I would also like to see (if this is allowed by Apple) the ability for the music to continue even after the application is closed. Using the built-in music player, I am able to surf the Web, check e-mail, and text without my music finishing. With OurStage Radio, the music stops playing immediately after I close the application. If it is allowed, I would love to see this update.
OurStage Radio is a good application that just has some growing pains. Due to its instability (at times) and the slower downloading speeds, I am forced to give it only 3.5/5 stars; however, with plans to update it roughly every other week, I expect OurStage Radio to quickly become a more stable and much, much better iPhone Radio application.Read more ...
Friday, January 16, 2009
Facebook says NO NIPPLES, and I agree…
Recently, it was revealed that Facebook would remove images that they deemed offensive. For some people, this came as a surprise. For others, well, they merely read the terms when they clicked the check box saying it wouldn’t be obscene. People seemed to not be up in arms about this policy until Facebook started removing images of women breastfeeding their babies. This sparked outrage, sit-ins, and a whole bunch of other useless stuff. Yes, people were pissed because an internet company decided what it wanted on its property.
Before I start, I want to point out that this is insane. A bunch of pissed of people are protesting because a private entity didn’t want them to show certain pictures on their site. These are the same people that protested ABC because Walters didn’t feel comfortable by somebody breast feeding. Seriously now, are these militant moms?
For some reason, people think that they have a right to breast feed. News Flash: you don’t. There is no fundamental right to breast feed, and definitely no right for you to do it anywhere. If you are breast feeding in the booth next to me at a restaurant, I am most likely to file a health complaint. It just isn’t sanitary (same goes to those people with the tiny dogs). If you are doing it in a theater, I am going to go ask for a refund, as I consider it disgusting and loud. If I see you sitting on a park bench, I won’t say anything, perfectly fine with it happening there. You see, I have nothing wrong with breast feeding, just where it is done.
This leads me to my next point, why do people think that it is okay to do this in public? Unless the forum is proper (a pool, the beach, a locker room), I do not go around in public places with my shirt off. Yes, I am fat, but that is not why I do it. Just isn’t proper, and people don’t want to look at it. So why do you think that whipping out your breasts is okay in any forum? When did it become acceptable to do something so revealing in public? Sure, it might be natural, but that doesn’t mean that you should show it to everybody. My penis is 100% god-given, but I don’t whip it out to be nursed on everywhere.
Which then leads to the next question, why the hell would you post it on Facebook? It is one thing to breastfeed in public (as disgusting, wrong, and bad as I think it is). It is another to decide that you should share it with the world. Why do you think that I, your college friends, or Bob from England want to see your kid sucking on your tits? Seriously, why would we want to? If you want to share with people, send them it via email. Why are you showing off something that is private to the entire world?
Teens should probably take note of that last sentence too…
Oh, and then they go, complain, protest, and bitch when people try to remove these things. This is absurd and insane. Facebook owns its property, has the right to ban the images. Plus, they shouldn’t be shared in the first place. Basically, this is just a few hundred people angry that they can not do what they want to do. I hope they get arrested for indecent exposure and that a court rules that they have no right to do this.
As a side note, what is up with those people who breastfeed for years… seriously, Oedipus complex much? Read more ...
Before I start, I want to point out that this is insane. A bunch of pissed of people are protesting because a private entity didn’t want them to show certain pictures on their site. These are the same people that protested ABC because Walters didn’t feel comfortable by somebody breast feeding. Seriously now, are these militant moms?
For some reason, people think that they have a right to breast feed. News Flash: you don’t. There is no fundamental right to breast feed, and definitely no right for you to do it anywhere. If you are breast feeding in the booth next to me at a restaurant, I am most likely to file a health complaint. It just isn’t sanitary (same goes to those people with the tiny dogs). If you are doing it in a theater, I am going to go ask for a refund, as I consider it disgusting and loud. If I see you sitting on a park bench, I won’t say anything, perfectly fine with it happening there. You see, I have nothing wrong with breast feeding, just where it is done.
This leads me to my next point, why do people think that it is okay to do this in public? Unless the forum is proper (a pool, the beach, a locker room), I do not go around in public places with my shirt off. Yes, I am fat, but that is not why I do it. Just isn’t proper, and people don’t want to look at it. So why do you think that whipping out your breasts is okay in any forum? When did it become acceptable to do something so revealing in public? Sure, it might be natural, but that doesn’t mean that you should show it to everybody. My penis is 100% god-given, but I don’t whip it out to be nursed on everywhere.
Which then leads to the next question, why the hell would you post it on Facebook? It is one thing to breastfeed in public (as disgusting, wrong, and bad as I think it is). It is another to decide that you should share it with the world. Why do you think that I, your college friends, or Bob from England want to see your kid sucking on your tits? Seriously, why would we want to? If you want to share with people, send them it via email. Why are you showing off something that is private to the entire world?
Teens should probably take note of that last sentence too…
Oh, and then they go, complain, protest, and bitch when people try to remove these things. This is absurd and insane. Facebook owns its property, has the right to ban the images. Plus, they shouldn’t be shared in the first place. Basically, this is just a few hundred people angry that they can not do what they want to do. I hope they get arrested for indecent exposure and that a court rules that they have no right to do this.
As a side note, what is up with those people who breastfeed for years… seriously, Oedipus complex much? Read more ...
Monday, December 8, 2008
Internets Beware; Watch What You Post
Quick entry for today, and for most of this week, as it is exam week. Additionally, next week I will be out camping with Peter O (you should recognize his comments) in the snow and freezing my ass off... I have no idea if I will get some posts done and delay-posted or not, but I will have something up on those days.
Anyways, onto the real story. I am somewhat careful of what I post online. Sure, I have some interesting ideas that I share with you all, and I have some photos of me doing questionable things (drinking and shooting) both on here and on Facebook. But, I really am quite careful when it comes to overall information. There have been times when I posted something inappropriate, or dangerous to myself, but I usually remove them, or ask that they are immediately deleted. That said, there is a problem in this country with people who don't pay attention to this issue, so, alas, I need to warn you all on some things...
So, here is the deal, how can people really think that this is a good idea? I mean, you have hard workers, clearly intelligent men, but all they are doing is screwing around and telling us about it. If Obama had posted this picture, there would be a huge, huge issue. Seriously, this was a big move, and the fact that Obama did not remove the offender is a clear sign of how his administration will be run. I do, however, approve of how Clinton handled the whole thing.
So, basically, I am saying that you should all be careful of what you post online. What you say today will matter tomorrow.
Read more ...Monday, November 24, 2008
Blogging, 4 Miles Up!!!
If you look at porn while flying, are you in the Mile High Club?
I am slightly upset with Mr. Tressel. While I understand starting Pryor, I still think that it would have been better to start Todd. At least he got a standing ovation when he left the stadium for the last time!
I am slightly upset with Mr. Tressel. While I understand starting Pryor, I still think that it would have been better to start Todd. At least he got a standing ovation when he left the stadium for the last time!
Also, The Crew is now the MLS champions for the first time ever in our history. Congratulations to the team, and I might be joining your crazy supporters next year (when I can go pubbing).
No, I am not currently flying and blogging, but it is an interesting idea. Being able to sit back in the 'comfy' chairs, smile as you see how to buckle a seatbelt, blog about the latest in airline food, and check your ESPN fantasy league. Yep, seems like an amazing thing to do. Well, now you can, as Virgin America is now offering a wifi based flight. While it is not live yet for any planes but it's trial run for Internet junkies, it seems to be a go (hehe, pun intended).
For only 10$ for 3 hour flights, or 13$ for more than 3 hours in the air, this seems like a good investment for people to make. While the Internet is slightly slower than what you are used to, and it will cut off voice and video chatting (how long until there is a workaround?), it still seems very good. Imagine being able to fly the redeye over for you meeting in London and being able to get the most accurate figures and updates for your morning presentation. Or, being a boss, and being able to keep up with the company news while flying to New Zealand for your 'vacation'. Yep, this service seems quite usable.
Now, I think that there needs to be some fixes to the current Internet plan. I agree with the way it is designed to adapt its allowance based on current use both by you and by others. I agree that it should not be filtered (though, I am sure if you are looking at porn they might ask you to put it away). And I agree that they should block (again, how well can they do that) the voice programs. However, I disagree with the fact that it allows torrenting (I mean, come on now, violations of copyright while flying) and disagree with the security of the Internet broadcasting that they are using. Frankly, I think that you should be assigned a password and number (tied to you via your reservation) and thus they can both protect you and prosecute you, which ever is needed.
While I like the idea of this, I am still worried about the possible consequences of this. Just like cell phone on planes, I can see this as being a giant annoyance to other passengers. I can also see people with Wi-Fi cell phones trying to use that Internet, and screwing with the navigation. I can see issues with kids sitting behind you when you are looking at your porn, or other users tracking your information. Frankly, I really would just be annoyed if the person sitting next to me was using AIM (screw you iChat that everybody on the test was using) all flight. I mean, seriously, those annoying noises would probably cause me to throw their computers out of the airlock.
So, while I like the idea for businesses, the end probable use makes it not worth it in my mind. What do you guys think?
Read more ...
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