Showing posts with label Technology. Show all posts
Showing posts with label Technology. Show all posts

Could Alex Jones's "revolution" actually happen?

Piers Morgan had it easy. Radio show host and author Alex Jones threatened the rest of us with a "revolution" if the government decides to confiscate guns from the homes and glove compartments of law-abiding Americans. It's almost too easy to dismiss Jones as a fringe figure, especially since fringe ideas make their way into the mainstream with (exciting? alarming?) frequency these days. So let's take him seriously.
Let's accept his premise. Actually, let's dismiss it first but then turn around and accept it for the sake of argument. The government has not the means nor the mechanism nor the credibility to confiscate 100,000 guns, much less 600,000,000. And those in the government doing the confiscating would be neighbors and relatives of the confiscatory victims: police officers, national guard members, Army reservists. Of course, Jones might say that their intent is bad enough. But "they" -- the Obama administration, I assume -- have no such intentions, and never did.
But OK. Let's say that the government tries to confiscate guns and "the people" attempt to revolt.  No doubt that civil disobedience can spring up rather spontaneously and even be organized very quickly, but if rioting were to somehow break out in American cities, it would be isolated and theoretically containable. Organizing a "revolt" would require extensive planning, including the massive transportation of citizens from their homes to wherever the rally points were, a communications infrastructure, and leaders. The same Open Source culture that would make it difficult for the government to plan a confiscation in secret makes it just as unlikely for citizens to plan a feasible response to that confiscation in secret.
One of Jones's obsessions, which, I confess, I share, is the militarization of the American homeland, and he is not promulgating a conspiracy here. The military has expanded its presence on American soil, and crucially, has expanded the way it is organized to respond to mass contingency events of any kind, including natural disasters and rioting. The U.S. Northern Command does receive intelligence briefings about domestic disturbances from the FBI and DHS, so commanders would be somewhat prepared to deploy troops. Thousands would come from the standing Army, but the bulk would be drawn from state National Guard detachments. It is exceedingly difficult to picture weekend warriors following blind orders en masse to detain or harm U.S. citizens when local police resources are stretched. The government has the power of command and control, but the people have the power of fellow-feeling. The government's response to any real revolt would probably be quite restrained. There'd be too much attention paid to every movement of every tank to act harshly. The strategy to contain any "revolt" might therefore depend on a period of people letting out their energies and then returning to their normal business.
Ah, but what if the government controls the communication nodes?  Well, corporations do; I assume Jones would have them immediately bend to a secret executive order shutting down serves and clouds and services like Twitter, but even if corporations agreed to do this, together, it would take days to get even a fraction of the telecom infrastructure offline. Maybe the government would order a mass power outage. But that's why so many Americans have generators in the first place!  Although government "boards" comprising major telecom and infrastructure executives do exist, the most they've ever contemplated doing is to shut down a narrow slice of an infected communications node. These days, they're focused on the cyber threat.  In the early days of civil defense planning, when there were a few television networks an AT&T had its monopoly, the threat of a government takeover of TV, radio and telephones was technically feasible. Today it is not. Actually, it does not make sense. What's turned on really cannot be turned off.
But wait. if Jones's "revolution" is to succeed, he needs to take over the government, because he'd need to dominate communications as well, unless he assumes that his movement would be organic and immune to arguments from elected officials asking for stability and calm.
An objective of anyone who wants to take over the government would be a seizure of the Emergency Broadcast System, which allows the President to speak to the nation through almost any mechanism of communication at any time. The EBS lives at Mt. Weather, the massive FEMA bunker in Virginia, but it can be activated and controlled from at least a dozen other places, including the briefcase of the Emergency Actions officer who travels with the President.  A coordinated violent action to seize control of this key portal would require an incredible amount of prior planning.
Assuming even that the government's response to isolated-turned-mass rioting is uneven, the President would be able to address Americans anytime he wants. In theory, Jones's followers could try to take over every broadcast entity in America, or could try and jam the broadcasts using sophisticated electronic warfare technology available to the military, but once again, the practicalities are not possible.
Because there will be no revolt over gun control, because there will not be and cannot be a mass confiscation of guns, playing with these ideas is fanciful and fodder for a sequel to Seven Days in May. Heck, we haven't even addressed the FEMA concentration camps (which don't exist).  But that isn't to say that nothing discussed above will ever be relevant. It is much easier to imagine a small-scale revolt, a series of pre-planned violent protests against the powers that be, perhaps because the political system seems so non-responsive to the worries of people who listen to Alex Jones.  It would not take much to make Americans nervous about the government's ability to restore law and order. And that frission itself is probably the most unknowable of all these factors.
Patriotic citizens aren't supposed to speculate about these extremely unlikely events, but the government certainly thinks about them. So maybe we should too.
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HTC says licensing agreement with Apple will lead to better devices in 2013

Apple (AAPL) and HTC (2498) signed a 10-year licensing agreement in November that covered all current, pending and future patents and ended the ongoing litigation between the two companies. It has been estimated that the company will pay Apple between $6 and $8 for every Android device shipped, however HTC CEO Peter Chao refuted the claim. Regardless of how much is being spent, HTC China president Ray Yam believes the deal will begin to benefit the company in 2013.
[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]
“The settlement with Apple will start to pay off next year, and the fourth quarter of this year is still going at a set pace,” the executive said in an interview with the Economic Observer of China, according to Focus Taiwan. “The biggest benefit to us is that we can put more energy into innovation, which is more important than anything else for a technology company.”
[More from BGR: Nokia predicted to abandon mobile business, sell assets to Microsoft and Huawei in 2013]
Yam notes that HTC has wasted too many resources on lawsuits with Apple in the past and that the company is now encouraging employees to “take broader steps” when creating new and better products. The executive revealed that HTC has adjusted its product, sales and marketing strategies for 2013 in the wake of the settlement. He said that many of the company’s projects are now proceeding at a faster rate and it has also changed the way it negotiates with its telecom partners.
While the settlement will ensure that HTC’s devices will remain on sale in the U.S. and other markets, the company must still find a way to increase its dwindling market share as its struggles continue.
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Nokia’s Lumia 920 remains as expensive as Apple’s iPhone 5

One thing handset industry analysts are watching like hawks is the price graph of the most important Windows Phone 8 model in the European handset market. Nokia (NOK) priced the Lumia 920 very, very ambitiously for its November debut. How long can the model maintain a stiff premium? Was the early pricing just designed to skim high margins from the pool of eager Nokia/Windows Phone early adopters?
[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]
Christmas is now over and the year 2013 has rolled in. But in the most important handset market in Europe, the Lumia 920 still costs as much as the 16 GB iPhone 5. At Phonehouse Germany, the price is 640 euros. At Handy Attacke, Ebay Germany, Amazon.de and other leading German phone retail sites, the price remains rock solid and notably uniform 650 euros. Most of these sites offer shipment within two to three days, so the price is no longer jacked up by lack of supply.
[More from BGR: Nokia predicted to abandon mobile business, sell assets to Microsoft and Huawei in 2013]
In comparison, the 16 GB iPhone 5 costs 630 euros at Ebay Germany, 650 euros at Notebooksbilliger and Handyschotte; and 670 euros at Telbay, Modeo and other sites.
Even as the unsubsidized price of Samsung’s (005930) Galaxy Note II is slipping below 510 euros in Germany, the Lumia 920 keeps levitating at the same price as the most expensive mass-market smartphone on the planet. Germany remains the biggest smartphone market in Europe, so this is going to be one key issue to keep an eye on as January price-cutting starts in earnest.
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Samsung and Apple are still the only winners in the mobile market

The duopoly of the U.S. mobile market intensified dramatically in 2012. Despite increased efforts from Motorola, LG (066570), HTC (2498), Nokia (NOK) and Microsoft (MSFT) to gain market share, Samsung (005930) and Apple (AAPL) continue to steal customers away from every other company. During a three-month period ending in November, comScore found that Samsung’s lead in the U.S. smartphone market increased 1.2 percentage points for a controlling 26.9% share. Apple’s smartphone market share grew from 17.1% to 18.5%, gaining 1.4 points following the launch of the iPhone 5. Rounding out the top-five were LG, Motorola and HTC, all of which saw their market shares decrease from August. LG fell 0.7 points to 17.5%, Motorola dropped 0.8 points to 10.4% and HTC’s market share decreased from 6.3% to 5.9%.
[More from BGR: Samsung confirms plan to begin inching away from Android]
[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]
The research firm found that 123.3 million people in the U.S. owned smartphones during the period, an increase of 6% since August. A majority of devices, 53.7%, were powered by Google’s (GOOG) Android operating system, which saw growth of 1.1 percentage points. Apple’s iOS market share increased 0.7 percentage points to 35%.
2012 was a transitional year for Research in Motion (RIMM) and Microsoft. Both companies spent most of the year preparing new operating systems. RIM will unveil its BlackBerry 10 operating system later this month and devices powered by Windows Phone 8 launched this past November. As a result, both companies saw lost share toward the end of 2012; RIM’s BlackBerry platform ranked third with a 7.3% share, down from 8.3% in August, and Microsoft’s operating system dropped 0.6 percentage points to a 3% share of the market.
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Nielsen And Twitter Team To Track TV

Your favorite TV shows may soon need a strong social-media presence if they’re going to stick around for a while. Networks and advertisers are hip to social media’s power to publicize a show, as well as TV’s influence over the social media conversation. They’ve even found ways to quantify this relationship.
Twitter and Nielsen, the company that tracks TV viewership, are creating a Nielsen Twitter TV Rating for each U.S. program starting with the fall 2013 season. This rating will track the total number of couch potatoes watching TV and tweeting about it, as well as anyone who happens to see those tweets.
Madison Avenue will learn who’s watching and the extent of their influence online.
Twitter says its more than 140 million active users send one billion tweets every two-and-a-half days. The portion that is about TV viewing habits should yield unprecedented demographic data about both viewers and Twitter users.
One anticipated result: shows about hipsters that get high Nielsen Twitter TV Ratings will feature even more ads for skinny jeans and coffee.
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NY comptroller sues Qualcomm on political spending

ALBANY, N.Y. (AP) — New York's comptroller has sued Qualcomm Inc. in an attempt to compel the wireless technology company to disclose its political spending to him and other shareholders.
The lawsuit filed Wednesday in Delaware seeks a court order to inspect company records, saying prior requests for the information have been rebuffed by the San Diego-based corporation. The suit cites studies that say corporate political spending tends to hurt investor returns.
"We think the fullest possible disclosure is what we're entitled to as shareholders," Comptroller Thomas DiNapoli said. He is sole trustee of New York's pension fund for public workers, which has 6.1 million Qualcomm shares valued at almost $380 million.
According to the comptroller's office, the company spent more than $4.5 million on lobbying last year. That figure was based on data compiled by OpenSecrets.org, which showed Qualcomm spent more than $6 million on lobbying in both 2010 and 2011.
Qualcomm didn't initially respond Thursday to requests for comment.
DiNapoli said the lawsuit is a new tactic that holds promise for getting corporate transparency and accountability for shareholders. "It's just part of our continuing effort to have companies we invest in follow the best practices," he said.
The New York pension fund and other members of the Council of Institutional Investors sent letters to 430 companies in 2010 asking that they disclose political contributions made with corporate funds. In the past two years, the fund filed 27 shareholder resolutions asking for disclosures, reaching agreement with 10 companies, comptroller spokesman Eric Sumberg said.
The lawsuit says corporate political activity has risen sharply since the U.S. Supreme Court in 2010 removed restrictions on it. The suit also cites recent studies, including one from Strategic Management Journal in 2012 that indicates that spending in general "is negatively correlated with enterprise value." The abstract of that study said researchers looked at 943 companies from 1998 to 2008.
"We find that firms' political investments are negatively associated with market performance and cumulative political investments worsen both market and accounting performance," the abstract said
Firms that put former public officials on their boards also performed worse. Corporate political activity had a positive effect on market performance in regulated industries, it said.
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Snapchat: Solution or Problem?

Snapchat is all over the news from CNN to Slate, where journalists question its potential as a sexting tool. A mobile app that shares disappearing images, Snapchat can be used to send an explicit photo without fear exposure, CNN explained. The images cease to exist in seconds.
"Snapchat allows users to behave sexually without that behavior defining them," Slate suggested.
How Snapchat Works
The concept behind Snapchat is not missing the moment when taking video by fumbling with transitions between still photos and video. One button controls both, allowing a user to tap to snap a photo or hold down for video, the Snapchat blog explains. Though not marketed as a sexting tool, the app was partly inspired by former Rep. Anthony Weiner's Twitter scandal, one of its founders, Evan Spiegel, told Tech Crunch.
Snapchat Not Foolproof
Thinking a few naughty photos can't land you in trouble anymore? Not so fast. A nimble-fingered recipient can capture a screenshot, saving that naughty Snapshot image for posterity, CNN noted. The screenshot, in turn, can be distributed to the same malicious ends as any other sexting photo.
There are also ways to work around the time limit, using a computer program to save the file before opening it, the New York Daily News pointed out.
Safeguards?
Snapchat says its app allows users to control how long their image is visible. It will also notify the sender if the recipient takes a screenshot. But the sender who doesn't wanted a photo distributed is still at the mercy of the recipient in a practical sense, assuming the recipient was quick enough or to grab a screenshot or determined enough to save the file.
Who's Using Snapchat, Who's Not?
According to the Snapchat blog, some 50 million snaps are shared daily. ABC News says that's more than a billion snaps since the app was introduced in July. The app is particularly popular among teens, ABC says.
Techcrunch points out the notion that sexting is a key reason teens like Snapchat may be a myth. The sexting angle may be more media hype than reality, the magazine says.
There's also a clone on the market, Facebook's new Poke app. It offers the same user control over image longevity and notification of screen capture as Snapchat. But, Slate says, Facebook Poke has "so far failed to capture Snapchat's mojo."
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U.S.: Time not right for Google executive's North Korea trip

WASHINGTON (Reuters) - The U.S. State Department said on Thursday the time was not right for Google Inc Executive Chairman Eric Schmidt and former diplomat Bill Richardson to visit North Korea, which drew international criticism for a rocket launch last month.
State Department spokesman Victoria Nuland said Schmidt and Richardson would be traveling as private citizens, not representatives of the U.S. government.
"Frankly, we don't think the timing of this is particularly helpful," Nuland told reporters, citing North Korea's launch of a long-range rocket in December. "They are well aware of our views."
Reports of Schmidt's plan emerged as the United States, South Korea, Japan and their European allies were pushing at the United Nations to expand long-standing U.N. Security Council sanctions on North Korea after the North's December 12 rocket launch.
A source familiar with the matter on Thursday confirmed an Associated Press report that Schmidt planned to visit North Korea with Richardson, a former governor of New Mexico, former U.S. ambassador to the United Nations and diplomatic troubleshooter.
The AP said Schmidt, a top figure in the U.S. technology industry and a key executive at the world's leading search engine company, could visit as early as this month, but added it was unclear which people he would meet or what his agenda is.
Google espouses a mission of organizing the world's information and making it universally accessible and useful. North Korea is one of the world's most repressive states, with Internet access limited largely to the most influential officials and media content rigidly controlled.
Nuland stressed Schmidt and Richardson were not acting on behalf of the United States.
"We are obviously aware of the trip that has been announced," she said, later correcting herself to say that the department was aware of media reports about the trip.
"They are private citizens. They are traveling in an unofficial capacity," she said. "They are not going to be accompanied by any U.S. officials. They are not carrying any messages from us. They are private citizens and they are making their own decisions."
On Wednesday, Google did not respond directly to a question about whether Schmidt was going to North Korea, although a spokeswoman's response suggested a visit would not be for company business.
"We do not comment on personal travel," spokeswoman Samantha Smith said on Wednesday when asked about the AP report.
On Thursday, a Google spokeswoman and Richardson's office did not respond to emails seeking comment about the State Department's remarks.
A possible second aspect of Schmidt's visit as part of Richardson's delegation could be to try to obtain the release of Korean-American tourist Kenneth Bae, detained and accused of unspecified crimes against the state. Richardson has helped negotiate the release of detained Americans in the past.
North Korea said its December rocket launch put a weather satellite in orbit, but critics say it was aimed at nurturing the kind of technology needed to deliver a nuclear warhead with a long-range missile.
At the United Nations, council diplomats say North Korea's chief ally China so far has resisted U.S. and allies effort to expand sanctions imposed on Pyongyang in response to nuclear and missile tests in 2006 and 2009. The issue is now a bilateral one between Washington and Beijing, the diplomats said.
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"Hebrew Hammer" sequel profits from crowdfunding campaign

The Hebrew Hammer vs. Hitler," the sequel to 2003's "The Hebrew Hammer," will begin filming next year, after an innovative crowdfunding campaign that's raised $35,000 on Jewcer.com, the filmmakers announced Tuesday.
Adam Goldberg will return in the lead role, with principle photography expected to begin in May 2013.
In the film, Goldberg's character, now married and enjoying the good life in suburbia, is forced to dust off his black-leather couture to confront a new menace: a time-traveling Hitler intent on altering key moments in Jewish history.
The original film launched at Sundance and had a limited theatrical release before being picked up by Comedy Central in a five-year deal.
"It's been amazing," filmmaker Jonathan Kesselman, writer and director of both movies, said in a statement. "The fans are making this happen. The cult status of the first movie attracted millions of fans around the world, making crowd-funding a viable option. Funding is now in the hands of fans who can help make the movies they want to see."
Kesselman negotiated for the rights to the sequel with John Schmidt at ContentFilm, ending a near decade-long tussle and several attempts at getting it made.
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Instagram says no plans to put user photos in ads

 Instagram, the popular photo-sharing service owned by Facebook Inc, said on Tuesday it has "no plans" to incorporate user photos into ads in response to a growing public outcry over new privacy policies unveiled this week.
Instagram Chief Executive Kevin Systrom said in a blog post that users had incorrectly interpreted Instagram's revised terms of service, released on Monday, to mean that user photos would be sold to others without compensation.
"This is not true and it is our mistake that this language is confusing," Systrom said. "To be clear: it is not our intention to sell your photos. We are working on updated language in the terms to make sure this is clear."
But Systrom said Instagram may display users' profile pictures and information about who they follow as part of an ad - a social marketing technique similar to what Facebook uses in its "sponsored stories" ad product.
He added that Instagram will not incorporate users' uploaded photos as ads because the service wants "to avoid things like advertising banners."
Instagram, which is free to use, triggered an uproar this week when it revised its terms of service in order to begin carrying advertising.
Facebook bought the fast-growing photo service - now with 100 million users - earlier this year in a cash-and-stock deal valued initially at $1 billion. The transaction closed in September at $715 million, reflecting a decline in the value of Facebook shares.
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Sberbank to buy Yandex online payments service: source

 Sberbank, Russia's top lender, plans to buy Yandex.Dengi, an online payment service owned by Russian search engine Yandex, a source familiar with the matter said.
Sberbank declined to comment. Yandex, which was not available to comment, was expected to hold a news conference on Wednesday.
Sberbank, which accounts for a third of overall lending in Russia, has been expanding in the consumer credit market amid weak corporate loan portfolio growth.
In recent years, it has launched its own credit card business and tied up with French bank BNP Paribas in a joint venture focusing on point-of-sale lending, a popular form of in-store consumer finance in Russia.
Yandex, which raised $1.4 billion when it floated on the U.S. stock market in May 2011, came under scrutiny during election protests over the past year when it was reported that opposition leaders were raising funds via Yandex.Dengi.
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Tubular raises $2.5 million to serve burgeoning YouTube industry

Tubular, a small San Francisco start-up that provides analytics for YouTube content creators, has raised $2.5 million in venture capital in the latest sign of how far the business ecosystem has evolved around the Google-owned video repository.
YouTube was once known as Wild West of online video, but over the past two years Google has focused on raising the quality of YouTube content through a series of direct investments and the cultivation of third-party "networks".
The result is a cluster of small studios, mostly based in Los Angeles, that acts like a digital Hollywood, pumping out slick YouTube hits.
With the ultimate goal of hosting enough high-quality content to lure big-spending advertisers to YouTube, Google doled out more than $100 million last year in grants to its networks and bedroom stars.
In May Google led a group of investors who poured $35 million into Machinima, a leading network, to stoke growth in the YouTube industry.
That market has now grown to the point that it can support its own start-ups, says Tubular's founder Rob Gabel.
COMPETITION
As more semi-professional and professional YouTube creators enter the sector, with increasing competition among them, there is a growing need for analytical services.
Tubular is one such service, allowing customers to monitor and measure when videos get the most views and comments, or the sources of referred traffic.
The software includes a dashboard that displays the real-time analytics, which are generated by tapping into a stream of data provided by YouTube.
"If YouTube is a multibillion-dollar market, then that's billions of dollars going out to content creators who can then invest that again," said Gabel, a former Machinima employee.
"On every platform, from Google to Facebook to Twitter, people have turned to third parties' helpful tools."
At a high level, the pie is large and continuing to grow rapidly. Former Citi analyst Mark Mahaney estimates that YouTube will bring Google a total of $3.6 billion in 2012.
Rich Heitzmann, a co-founder of FirstMark Capital, which led Tubular's latest funding round, said that Google is far from wringing out all of the potential revenue from YouTube.
"We think the ecosystem is at least the size of Facebook's, considering it has a billion users and if you consider the time spent on YouTube," Heitzmann said.
"The advertising opportunities are there, and yet the ecosystem hasn't evolved technologically."
SUSTAINABLE BUSINESS
Other investors in Tubular's first tranche of equity financing included High Line Venture Partners, SV Angel, Lerer Ventures and Bedrocket Media Ventures.
Still, Gabel is betting that he can create a long-term, sustainable business on YouTube's platform at a time when some Silicon Valley companies are wary of building on the backs of larger companies.
Twitter, for instance, courted controversy this year when it made a business decision to shut off its firehose of data for a number of popular third-party developers to drive more visitors to its own site.
Allen DeBevoise, the CEO of Machinima who is also a Tubular investor, said that YouTube has reason to foster its independent developers rather than squash them.
"It's a thriving and fast-moving ecosystem now," he said. "But a lot of players are needed to make it all work."
Though Gabel acknowledges that the YouTube industry's rapid expansion is no guarantee of success, he has high hopes.
"Everything is a bit of gamble," he said, "but I feel good gambling on YouTube and online video.
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Instagram tests new limits in user privacy

 Instagram, which spurred suspicions this week that it would sell user photos after revising its terms of service, has sparked renewed debate about how much control over personal data users must give up to live and participate in a world steeped in social media.
In forcefully establishing a new set of usage terms, Instagram, the massively popular photo-sharing service owned by Facebook Inc, has claimed some rights that have been practically unheard of among its prominent social media peers, legal experts and consumer advocates say.
Users who decline to accept Instagram's new privacy policy have one month to delete their accounts, or they will be bound by the new terms. Another clause appears to waive the rights of minors on the service. And in the wake of a class-action settlement involving Facebook and privacy issues, Instagram has added terms to shield itself from similar litigation.
All told, the revised terms reflect a new, draconian grip over user rights, experts say.
"This is all uncharted territory," said Jay Edelson, a partner at the Chicago law firm Edelson McGuire. "If Instagram is to encourage as many lawsuits as possible and as much backlash as possible then they succeeded."
Instagram's new policies, which go into effect January 16, lay the groundwork for the company to begin generating advertising revenue by giving marketers the right to display profile pictures and other personal information such as who users follow in advertisements.
The new terms, which allow an advertiser to pay Instagram "to display your username, likeness, photos (along with any associated metadata)" without compensation, triggered an outburst of complaints on the Web on Tuesday from users upset that Instagram would make money from their uploaded content.
The uproar prompted a lengthy blog post from the company to "clarify" the changes, with CEO Kevin Systrom saying the company had no current plans to incorporate photos taken by users into ads.
Instagram declined comment beyond its blog post, which failed to appease critics including National Geographic, which suspended new posts to Instagram. "We are very concerned with the direction of the proposed new terms of service and if they remain as presented we may close our account," said National Geographic, an early Instagram adopter.
PUSHING BOUNDARIES
Consumer advocates said Facebook was using Instagram's aggressive new terms to push the boundaries of how social media sites can make money while its own hands were tied by recent agreements with regulators and class action plaintiffs.
Under the terms of a 2011 settlement with the Federal Trade Commission, Facebook is required to get user consent before personal information is shared beyond their privacy settings. A preliminary class action lawsuit settlement with Facebook allows users to opt-out of being included in the "sponsored stories" ads that use their personal information.
Under Instagram's new terms, users who want to opt-out must simply quit using the service.
"Instagram has given people a pretty stark choice: Take it or leave, and if you leave it you've got to leave the service," said Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation, a Internet user right's group.
What's more, he said, if a user initially agrees to the new terms but then has a change of mind, their information could still be used for commercial purposes.
In a post on its official blog on Tuesday, Instagram did not address another controversial provision that states that if a child under the age of 18 uses the service, then it is implied that his or her parent has tacitly agreed to Instagram's terms.
"The notion is that minors can't be bound to a contract. And that also means they can't be bound to a provision that says they agree to waive the rights," said the EFF's Opsahl.
BLOCKING CLASS ACTION SUITS
While Facebook continues to be bogged in its own class action suit, Instagram took preventive steps to avoid a similar legal morass.
Its new terms of service require users with a legal complaint to enter arbitration, rather than take the company to court. It prohibits users from joining a class action lawsuit unless they mail a written "opt-out" statement to Facebook's headquarters in Menlo Park within 30 days of joining Instagram.
That provision is not included in terms of service for other leading social media companies like Twitter, Google, YouTube or even Facebook itself, and it immunizes Instagram from many forms of legal liability, said Michael Rustad, a professor at Suffolk University Law School.
Rustad, who has studied the terms of services for 157 social media services, said just 10 contained provisions prohibiting class action lawsuits.
The clause effectively cripples users who want to legally challenge the company because lawyers will not likely represent an individual plaintiff, Rustad argued.
"No lawyers will take these cases," Rustad said. "In consumer arbitration cases, everything is stacked against the consumer. It's a pretense, it's a legal fiction, that there are remedies."
Instagram, which has 100 million users, allows consumers to tweak the photos they take on their smartphones and share the images with friends. Facebook acquired Instagram in September for $715 million.
Instagram's take-it-or-leave-it policy pushes the envelope for how social networking companies treat user privacy issues, said Marc Rotenberg, the executive director of the Electronic Privacy Information Center.
"I think Facebook is probably using Instagram to see how far it can press this advertising model," said Rotenberg. "If they can keep a lot of users, then all those users have agreed to have their images as part of advertising.
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New job posting suggests Nokia may still be considering Android after all

Nokia (NOK) may finally be crying “uncle!” on its decision to go solely with Windows Phone. Per Gizmodo, Nokia has posted a new job listing on its LinkedIn page for a principle software engineer whose job will be to oversee the development of “embedded Linux device software and hardware drivers for our exciting new products.” As Gizmodo notes, Android is based on a Linux kernel so it’s possible that whatever the new software engineer does, it might involve Google’s (GOOG) hugely popular open-source mobile operating system. Nokia chairman Risto Siilasmaa said this past summer that his company has a backup plan in place in case Windows Phone doesn’t catch on, so it’s within the realm of possibility that Nokia could be giving Android a second look.
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Nokia debunks rumor that it may be considering shift to Android

A recent job listing on Nokia’s (NOK) LinkedIn page led to a great deal of speculation that the Finnish vendor was still considering Android as a potential smartphone platform in the event its efforts with Windows Phone continued to flounder. The listing sought a principle software engineer to lead the development of “embedded Linux device software and hardware drivers for our exciting new products.” Nokia spokesman Doug Dawson on Sunday confirmed that the job listing does not relate to the development of Android phones, but rather to the company’s mobile mapping solutions. “Our recently posted job is linked to our HERE Maps support for other platforms, including iOS and Android,” Dawson wrote on his Twitter account. Nokia recently launched HERE Maps for the iPhone and iPad, and the company now has to launch a similar solution for Android devices.
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$120 tablet that runs both Android and Linux to launch in early 2013

For anyone who has ever used his or her Android tablet and wished that it could double as a desktop-style device, PengPod has a product just for you. Ars Technica reports that the new PengPod tablet, which runs both Android and Linux, has met its crowd-sourced fundraising goals and will so on sale in January for $120 a 7-inch model and $185 for a 10-inch model. According to Ars, the tablet will be able to “dual-boot Android 4.0 and a version of Linux with the touch-friendly KDE Plasma Active interface.” Overall, the tablet received funding of nearly $73,000, or around 49% more than the $49,000 that the company had been seeking.
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Habla el hombre que definió qué significa ser un hacker

Soy un hacker." La frase la pronuncia, sin titubeos, Pekka Himanen, un finlandés de 39 años que publicó, en 2001, La ética del hacker y el espíritu de la era de la información , un libro fundacional en su análisis de lo que significa la tecnología moderna en nuestra sociedad, y la influencia que tendrán los hackers en la sociedad futura. El hombre no acuñó el término, por supuesto (que ya estaba en uso desde los '70), pero su libro modificó la comprensión que se tiene de la filosofía detrás de un hacker.
La entrevista está por comenzar. El punto de encuentro es un hotel céntrico de la ciudad de Buenos Aires, pero en lugar de recibirnos en el salón exclusivo reservado con este fin, el filósofo Himanen (recibido en la universidad de Helsinki a los 20 años) prefiere reunirse en el café del hotel, rodeado de gente y atento a su entorno.
Este hombre, que hoy es profesor en la Universidad de Arte y Diseño de Helsinki, y profesor visitante de la Universidad de Oxford y el Instituto IN3 de Barcelona, y miembro del Instituto Helsinki para la Tecnología de la Información (HIIT) es autor, también, de El Estado del bienestar y la sociedad de la información: el modelo finlandés , que realizó junto con el sociólogo español Manuel Castells.
Himanen llegó a nuestro país invitado por la Universidad Nacional de San Martín, la Universidad Diego Portales y por la Fundación OSDE, pero además de esta convocatoria también lo trajo una de sus grandes pasiones: la investigación. "Estamos estudiando, junto con Manuel Castells, qué tipo de modelo de desarrollo nuevo se necesita después de la crisis mundial. Me refiero a un modelo de desarrollo económico combinado con desarrollo humano. Creo que es fundamental combinar una economía sustentable con el bienestar sustentable", sostiene al comenzar la entrevista. Según cuenta el filósofo, Argentina es parte de un gran estudio que está llevando a cabo en distintos países de América latina, Asia, África, Estados Unidos y Europa.
¿Usted se considera un hacker?
Sí, claro que sí. Para mí un hacker es alguien creativamente apasionado por lo que hace y quiere hacerlo con otros. No necesariamente tiene que tener que ver con las computadoras, se puede ser hacker del conocimiento o de cualquier otro campo. Es importante decir que utilizo el término hacker en el sentido original del término, que no quiere decir delincuente informático.
¿Y usted es hacker en qué área o con qué especialización?
Yo diría en la filosofía, investigación y quizás en la vida.
¿Cómo es eso?
La etica del hacker es un libro que también habla sobre la filosofía de vida, es decir, uno tiene que preguntarse a sí mismo: ¿cuál es mi pasión creativa? ¿Qué es lo que le da significado a mi vida? Esas son grandes preguntas que todos deberíamos considerar.
Popularmente el término hacker tiene una mala connotación pero según usted explica, es un error. En su libro menciona otro término: cracker ¿Cuál es la diferencia entre ambos?
Hacker quiere decir que la persona es creativamente apasionada por lo que hace, y lo quiere realizar con lo que yo denomino "interacción enriquecedora", es decir con otras personas. Cracker, en cambio, es el delincuente informático, la persona que ingresa en los sistemas informáticos y esparce virus, entre otros delitos.
¿Por qué, entonces, los hackers son considerados delincuentes?
Todo comenzó en los medios de comunicación, en los inicios del software. Por aquel entonces los medios tomaron la palabra hacker y comenzaron a utilizarla como sinónimo de delincuente informático para hacerlo más atractivo y dar impacto en sus noticias, pero la palabra hacker no tiene nada que ver con la delincuencia informática.
Según su libro los hackers informáticos ponen a disposición gratuita de los demás su creación para que la utilicen, pongan a prueba y la desarrollen. ¿Cómo un hacker se transforma en Bill Gates? En otras palabras, ¿cómo se transforma un hacker en un hombre de negocios?
La ética hacker es una ética de trabajo creativa en la era informática que reemplaza lo que Max Weber describió como "ética de trabajo industrial" pero después depende de cuán abierto es uno en el desarrollo de otras cosas. No necesita ser cerrado para ser un éxito, por ejemplo Linus Torvalds está a favor de la apertura total y también ha tenido mucho éxito. Internet corre en Linux, tres de cada cuatro smartphones en el mundo corren en Linux, porque Android está basado en Linux. Pero más allá de eso no hay contradicciones, porque uno puede tener pasión creativa como empresario. Lo importante es dar suficiente nivel de apertura.
¿Cómo ayudan a la sociedad los hackers y las redes sociales en situaciones de conflicto, injusticia social o cuando no hay libertad de expresión?
En situaciones como la guerra de Kosovo o en la Primavera Árabe -levantamientos populares de países árabes realizados entre 2010 y 2012- la difusión de lo que estaba pasando fue a través de las redes sociales. Y es muy importante tener en cuenta que las redes sociales tienen un impacto en la vida real. Si pensamos en la Primavera Árabe, por ejemplo, algunos de los peores dictadores que nosotros pensamos que nunca dejarían el poder, colapsaron. Y las redes sociales colaboraron mucho en la caída de estos dictadores porque la Primavera Árabe estuvo organizada a través de Internet. También en Europa se produjeron hechos similares. Las redes sociales tuvieron gran protagonismo en el movimiento de "Los Indignados", que produjeron cambios políticos en España y en Grecia.
¿Le parece que lo que escribió hace más de una década sigue vigente?
Sí. El libro es más actual ahora. Si uno toma, por ejemplo, el capítulo de open source o de código abierto, su utilización ha crecido exponencialmente si tenemos en cuenta que Internet corre en software en código abierto y se diseminan en varios equipos como teléfono, grabadores digitales y televisores. Probablemente uno no se de cuenta que está utilizando código abierto, pero todos lo estamos utilizando. En cuanto al trabajo empresarial, la nueva ética de pasión creativa enriquecedora está impulsando al Silicon Valley.
¿Cómo ve a la sociedad futura?
Creo que la gran pregunta es lo que hoy estamos investigando en el proyecto que estoy realizando, donde nos damos cuenta que el viejo modelo de desarrollo ha llegado a su fin y ahora tenemos que replantear las prácticas grandes en la economía, la sustentabilidad ecológica. Creo que vamos a necesitar del potencial completo de la cultura de la creatividad y hemos de desarrollar esa nueva forma de bienestar sustentable, especialmente la sustentabilidad ecológica. Debemos tener en cuenta que el planeta no tiene problema en cuanto al cambio climático, puede continuar sin nosotros, pero nosotros no podemos continuar sin el planeta.
Por último, ¿qué trata de decirnos con su libro?
Para mí la clave es que todos debemos preguntarnos: ¿cuál es mi pasión creativa, cuál es mi propósito significativo en esta vida?
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How Google Stole Christmas (And is Bringing it Back)

Google's Nexus smartphones and tablets have a unique feature that's also a curse. They come with the latest version of Android (which is actually unusual among Android devices), and they're basically guaranteed to get updates throughout their lifespan (which is also unusual). But on the downside, Nexus owners are also the first to discover new "features" in each version of Android ... like Google's new 11-month calendar.
​'Tis (not) the season
​ You may not have noticed, if none of your friends or family members were born in December. But if you tried to enter in somebody's birthday in Android's "People" app, you may have noticed that the spin-dials for selecting a date don't include the last month of the year, in one of the oddest bugs to hit Android.
Other bugs found in the Android 4.2 update include random reboots, unstable apps, and overall slow and sluggish performance. David Ruddock of the Android Police blog has written up an extensive list of these bugs, and of which Nexus devices have been affected.
​Appy holidays
Most of these bugs are tied to specific apps not working correctly with the 4.2 update. The HD Widgets app, for instance, seems to cause the random reboots. Even first-party apps, like the Google Currents web magazine reader, are apparently responsible for some of the issues.
Some developers have fixed their apps. Mozilla quickly corrected a bug in the Android version of its Firefox web browser which caused it to randomly (and frequently) force close. But for now, the only real solution is to stop using certain apps, or features of apps like Currents' background sync.
Need a little Christmas?
Fortunately for Nexus device owners, a fix for at least one of the issues (the missing month of December) has already been written, and is on its way if you haven't gotten it already. A new version of Android is being sent over the air to Nexus devices, and Android developer Al Sutton reports that "Santa is back."
It remains to be seen, however, whether or not Google can "save Christmas" for people who've ordered (or tried to order) an unlocked Nexus 4 smartphone from its Google Play store. Right now, the 8 GB model "Ships in 8- 9 weeks," while the 16 GB model won't ship until around New Years'. And that's if you can even place an order; many Google customers are reporting that the ordering system simply won't work, although Google+ user Syko Pompos has discovered a way around the faulty website.
Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.
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