Update — Instagram now says it was all a huge mistake, that users own their pictures and there’s no way Facebook is going to sell them to anyone… but the company hasn’t yet revealed alternate legal language, which they should have been able to cobble up in an hour or two. The underlying problem of mean-spirited, self-serving, over-reaching terms of service is still with us at Instagram and almost everywhere else. Their revised terms of service were stupid and couldn’t stand. Let’s hope in their next attempt to grab rights (because that’s what this whole thing was about and probably still is) Instagram and Facebook treat their users fairly. Until they do, most of what’s […]

Remember Napster? Not the paid streaming music service sold last year to Rhapsody, but the original peer-to-peer music sharing service that was hugely popular from 1999-2001 when it went down in a legal ball of flames over copyright infringement. Well something Napster-like is emerging from
I was supposed to be on CNN last night to comment on the Apple v. Samsung patent infringement trial that just started in San Jose, but then Mitt Romney insulted the Palestinians and I was bumped. The way these things work is CNN calls the day before so I have time to think up something pithy to say. The question now is what to do with all that pith? So I’m dumping it on you. Consider this the long distance view of this legal battle in the context of what it really is — brands at war.
How many times yesterday did you do a web search that led you to a Wikipedia page that then didn’t load because of that site’s SOPA protest? I didn’t notice the effect immediately but once I did I was later able to go back through my browser history and see that I tried and failed to open a total of 13 Wikipedia pages so far. Whether you give a damn about SOPA or public protest, this experience has given me a whole new respect for the role Wikipedia has come to play in my life and probably yours.
Just a short thought.
Nortel Networks, the bankrupt Canadian telecom company, came that much closer to disappearing completely yesterday with the cash sale of its portfolio of 6000 patents for $4.5 billion to a consortium of companies including Apple, EMC, Ericsson, Microsoft, Research In Motion (RIM), and Sony. The bidding, which began with a $900 million offer from Google, went far higher than most observers expected and only ended, I’m guessing, when Google realized that Apple and its partners had deeper pockets and would have paid anything to win. This transaction is a huge blow to Google’s Android platform, which was precisely the consortium’s goal.
Microsoft co-founder Paul Allen filed suit this week against a litany of Internet companies claiming they had violated patents awarded years ago to Allen’s now-defunct Interval Research. Many writers, including one