What Is the Color of Greed or Will a Color Picker Land You in Court?
October 31, 2022
When I arrived in Washington, DC, for my first real job at a nuclear consulting company loved by Richard Cheney, I found myself responsible for a contractor on K Street. At that meeting, the contractor explained that the Cheney fave used a specific color of blue to indicate nuclear radiation. Do you have a color in mind for Cherenkov radiation. I do. The printed color came from a thick and somewhat weird collection of color samples bound with a rivet through the heavy pages. Each page contained a group of colors; for example, PMS 313. I said, “Okay, with me.” (The P represents Pantone; the numbers are the presumably proprietary colors once happily confided to the dead tree printing world.)
On my Mac I have an application called ColorSlurp. No printed collection of color chips needed. Just look at a picture in Yandex images for Cherenkov radiation and click on a color. I can then use that color in a painting application like the estimable Paint.net software.
The color technology seems like magic to me. I can, for example, create a pdf of the goose which I use for my logo tinted a wonderful mélange of dead leaf brown and feather gray. Am I in legal jeopardy?
I just read “ You’re Going to Have To Pay to Use Some Fancy Colors In Photoshop Now.” The article explains much about color intellectual property and nothing about frequency. However, I noted this statement:
widely used Adobe apps like Photoshop, Illustrator, and InDesign will no longer support Pantone-owned colors for free, and those wishing for those colors to appear in their saved files will need to pay for a separate license. And this is real life.
Okay, a subscription to a frequency. I assume this makes sense to CPAs, MBAs, and the Adobe/Pantone crowd.
The point is that cloud services make it easy to monetize that which was more difficult to monetize in Gutenberg’s day.
I think we have discovered a color for greed. That color is linked to the color of attorneys and legal eagle feathers. I don’t want to name a color, present a P number, or include its frequency.
Let’s think about “real life.” Pleasant, isn’t it. What color of brown are the walls in most courtrooms tinted? There must be a PMS number for that. I think it is a combo of fertile loam and Cherenkov radiation. If you see it, it is too late.
Stephen E Arnold, October 31, 2022
Forty Firms and the European Union Demonstrate Their Failure to Be Googley
October 20, 2022
In the last 25 years, an estimated 300,000 people have worked for the Google as FTEs (full time equivalents). My view is that the current crop of European Union officials as well as the senior managers of several dozen online shopping services firms are not Google-grade human resources. Why do I make this distinction between those who are Googley and those who do not make the grade. Being Googley is not like the French Foreign Legion. In that organization, a wanna be Legionnaire must do push ups, master the lingo of the new homeland, and be ready to die for France. At Google one must be clever, have the “right stuff” intellectually, and be adept at solving problems, playing with a mobile phone, and manipulating a Mac simultaneously. Being Googley means understanding the ethos of the forever young online search system. That system, as I understand it, accepts the constraints of the GoTo, Overture, and Yahoo online advertising concept. Furthermore that system accepts that Oingo became a key component in matching advertising to user interests. Thus, to be Googley means that smart software, minimal interaction with humanoids who are by definition are “not Googley,” and reliance on charging for entering and leaving a digital saloon. Extra cash is required to enjoy the for fee options in the establishment; for example, a mouse pad with the Google logo silkscreened thereupon.
I read “EU Companies Claim Google Still Abusing its Shopping Power.” The article explains that a number of companies believe the Google is not behaving in a warm, friendly, collegial manner. Are these firms’ allegations correct?
I don’t know.
What I do know is that the companies signing the letter to EU regulators are demonstrating to me that these organizations are not Googley. What does this mean? May I hypothesize about the implications of lacking an understanding of the Alphabet Google YouTube DeepMind organization might be? Of course, you say. So here are my thoughts:
- None of the signatories nor the employees of these signatories will receive first-class tchotchkes at conferences at which AGYD has a booth or stand equipped with freebies
- None of the signatories, their employees, nor their progeny will be hired by AGYD due to manifest non Googliness. (Remember, please, that Googliness is next to Godliness. Who else can solve death?)
- None of the Web sites, online properties, or content objects will be made findable by the “black box” operated by closely guarded algorithms and informed by the superior methods of the smart software. (I must admit I find the idea “if you are findable in Google, you do not exist) a most existentially well formed idea.
- None of the elected officials involved in fining, criticizing, or demonstrating non Googliness will be supported in their re-election efforts by the GOOG’s powerful systems.
AGYD is not a company. It is a digital country. It handles more than 90 percent of the search queries in North America, South America, and Western Europe. YouTube is television for those in Eastern Europe. The Google is bigger than the definitely Google challenged in Europe. Perhaps thinking about the downsides of not being Googley is a useful activity? Just a thought. But it may be too late for the 40 outfits signing a letter attesting to their failure in the Google Comprehension Examination.
Stephen E Arnold, October 20, 2022
Why Is Google on the Hot Seat in India? Does the Indian Government Understand Being Googley?
October 19, 2022
The Competition Commission of India (CCI) is piling up allegations against Google faster than they can be resolved. The Indian Express reports, “CCI Orders Another Probe Against Google.” At issue is the company’s allegedly self-serving terms for news organizations. Gee, what do India’s regulators sense that US regulators seem to overlook? (And Europe‘s, for that matter.) We learn:
“The News Broadcasters & Digital Association had alleged that its members are forced to provide their news content to Google in order to prioritize their weblinks in the Search Engine Result Page (SERP) of Google. As a result, Google free rides on the content of the members without giving them adequate compensation, as per the complaint. Among others, it was alleged that Google exploited the dependency of the members on the search engine offered by Google for referral-traffic to build services such as Google News, Google Discover and Google Accelerated Mobile Pages (AMP). The search engine major provides news content to user through Google Search and through news aggregator vertical, Google News. According to the complaint, in Google Search, users can either search directly for news through News Tab or receive news through result in SERPs. Google incorporated news content in its SERPs through featured snippets including ‘Top Stories’ carousels. However, the revenue distributed by Google to news publishers doesn’t compensate for the real contribution made by the association’s members to these platforms, it added.”
The latest probe is being consolidated with two similar ones already in progress. Those claimants are the Digital News Publishers Association and the Indian Newspaper Society. How many more plaintiffs will join the fray before the combined investigation concludes? More importantly, will any penalties be imposed that can even scratch the tech powerhouse?
Cynthia Murrell, October 19, 2022
Internet Archive: Maybe a Goner?
October 14, 2022
We conceptualize the Internet is an unobstructed entity. The Internet relies on a high-tech, interconnected network of servers and wires that requires an unknown amount of energy. If there are any power outages or the servers breaks, then the Internet is gone. Unfortunately, it could mean the Internet Archive, an online archive of digital media, could disappear due to a lawsuit brought on by authors and publishers.
Slate explains why authors and publishers are upset with the Internet Archive in: “Could The Internet Archive Go Out Like Napster?” In March 2020, the Internet Archive allowed users to check out more than one item from its scanned book collection due to the COVID-19 pandemic. The event was called the National Emergency Library, but publishers and authors claimed this was piracy and harmed their profits. Lawsuits were filed and the National Emergency Library was shut down. The lawsuits are still ongoing, but authors, librarians, and other organizations are worried the Internet Archive could disappear:
“One thing hasn’t changed: fears that the vagaries of this case could cripple the archive and, subsequently, the myriad services it offers the 1.5 million people who visit it every day. In addition to lending books digitally, the Internet Archive hosts the Wayback Machine, a tool that has chronicled internet history since 1996; the concern is that if legal costs drain the archive of its funds, all of its services could be affected. Users of the site and digital archivists have compared the potential loss of the archive’s services to the burning of the Library of Alexandria. Yet book companies also view the stakes here as existential for their business model; the International Publishers Association stated that this case is of “global significance” to its members.”
If the problem was only about the National Emergency Library, then the lawsuits would be over. The bigger picture surrounds how publishers want to block controlled digital lending. There are many ways libraries allow users to check out digital media, popular methods include securing licenses through an app like Libby. Publishers and some authors want to block controlled digital lending, because they only make profits from the first purchase. The use of ebook loans, however, allows them to charge per read. Librarians love controlled digital lending, because it would save them money.
The Internet Archive uses controlled digital ending and states its book collection falls under fair use. The Internet Archive allows users access to a multitude of books that are in copyright limbo: they are out of print, no one knows who owns the copyright, or physical copies are scarce.
Publishers could work with the Internet Archive, but profits always win over the decency of keeping a non-profit (that actually does something good) up and going. So much for the free, digital utopia, the Internet was supposed to be.
Whitney Grace, MLS, October 14, 2022
The FCC Springs into Action Regarding IS Ps
October 10, 2022
The easiest way to describe the COVID-19 pandemic is that it sucked. People died, paychecks were cut, pandemic pets were returned to shelters, and now no one wants to leave their houses. An even worse side effect is that bad actors filed false claims with US government offices to receive relief funds. Light Reading explains how bad actors took advantage of of the Affordable Connectivity Program (ACP): “FCC Inspector General Says ‘Dozens’ Of ISPs Claimed Fraudulent ACP Funds.”
The FCC Office of Inspector General (OIG) noted that a dozen broadband providers (ISPs) fraudulently enrolled for ACPs. The bad-acting ISPs enrolled a single individual multiple times for ACP reimbursements amounting to thousands of dollars. The scams were conducted in Texas, Ohio, Alabama, and Oklahoma; the latter turned out to be the worst offender. ISPs are responsible for ensuring which households are eligible under the ACP rules. The government is cracking down on fraud:
“Following the release of the report, the Wireline Competition Bureau published a public notice outlining new steps it’s implementing to “limit opportunities for waste, fraud, and abuse” with the ACP. As per the notice, the Universal Service Administrative Company (USAC) is improving the measures it uses to verify BQPs [benefit qualifying person] as well as instituting processes to hold payments and de-enroll households that used the same BQP.”
A total of $14.2 billion was allotted to the ACP, but less than half of that amount is reaching those who truly need the assistance:
“According to an ACP dashboard from the Institute for Local Self-Reliance (ILSR) and Community Networks, just 13 million qualifying households in the US are enrolled out of an eligible 37 million, or 36.5% of the population. That includes 40% of eligible Oklahomans, where the FCC report cites its most egregious example of ACP fraud.”
ACP funding is predicted to run out by March 2025 and if enrollment is boosted by 50% that money is gone by April 2024.
The ACP needs more funds and needs to weed out fraudulent claims. At the rate the US government acts, it is going to take a long time to do either. It will probably be faster than Mexico’s, France’s, and India’s notoriously slow governments.
Whitney Grace, October 10, 2022
ISPs: The Tension Is Not Resolved
October 7, 2022
The deck is stacked against individual consumers, but sometimes the law favors them such as in a recent case in Maine. The Associate Press shared the good news in the story, “Internet Service Providers Drop Challenge Of Privacy Laws.” Maine has one of the strictest Internet privacy laws and it prevents service providers from using, selling, disclosing, or providing access to consumers’ personal information without their consent.
Industry associations and corporations armed with huge budgets and savvy lawyers sued the state claiming the law violated their First Amendment rights. A judge rejected the lawsuit, protecting the little guy. The industry associations agreed to pay $55,000 the state accrued protecting the law. The ACLU helped out as well:
“Supporters of Maine’s law include the ACLU of Maine, which filed court papers in the case in favor of keeping the law on the books. The ACLU said in court papers that the law was ‘narrowly drawn to directly advance Maine’s substantial interests in protecting consumers’ privacy, freedom of expression, and security.’
Democratic Gov. Janet Mills has also defended the law as “common sense.”
Maine is also the home of another privacy law that regulates the use of facial recognition technology. That law, which came on the books last year, has also been cited as the strictest of its kind in the U.S.”
This is yet another example of corporate America thinking about profits over consumer rights and protections. There is a drawback, however: locating criminals. Many modern criminal cases are solved with access to a criminal’s Internet data. Bad actors forgo their rights when they commit crimes, so they should not be protected by these laws. The unfortunate part is that some people disagree.
How about we use this reasoning: the average person is protected by everyone that participates in sex trafficking, pedophilia, and stealing tons of money are not protected by the law. The basic black and white text should do to the truck
Whitney Grace, October 7, 2022
Amnesty International: Unfriending As an Agent of Change
October 3, 2022
I read “Meta’s Horrendous Role in Facilitating Rohingya Genocide Detailed in New Report.” I am not sure how much of the story is just more of the “Get the Zuck Out of Here” versus objective, dispassionate analysis. You can decide for yourself after you read “The Social Atrocity: Meta and the Right to Remedy for the Rohingya.” You can download the report from Amnesty International at this link.
In the cited article “Meta’s Horrendous…”, I noted this statement:
Meta is being sued for $150 billion by refugees for its role in the violence.
The number is interesting. If the litigation achieves its goal, the Meta outfit (what I call the Zuckbook) will have to write a check. I wonder how much the possible settlement will go to legal eagles?
Another interesting statement in the cited article said:
“Amnesty International’s analysis shows how Meta’s content-shaping algorithms and reckless business practices facilitated and enabled discrimination and violence against the Rohingya,” the report said. “Meta’s algorithms directly contributed to harm by amplifying harmful anti-Rohingya content, including advocacy of hatred against the Rohingya. They also indirectly contributed to real-world violence against the Rohingya, including violations of the right to life, the right to be free from torture, and the right to adequate housing, by enabling, facilitating, and incentivizing the actions of the Myanmar military.”
I noted the word “reckless”, “torture”, and “military.” The word choice suggests that the Zuckbook can be weaponized because its management team was otherwise engaged.
True or false? My hunch is that the litigation will provide an answer. Oh, the payday for the legal eagles involved will feather some nests.
Stephen E Arnold, October 3, 2022
Quite a Recipe: Zuck-ini with a Bulky Stuffed Sausage
September 28, 2022
Ah, the Zuckbook or the Meta-thing. I can never remember the nomenclature. I thought about the estimable company after I read “Meta Defends Safe Instagram Posts Seen by Molly Russell.” I suppose I should provide a bit of color about Ms. Russell. She was the British school girl who used the digital Zuck-ini’s Instagram recipe for happiness, success, and positive vibes.
However, in Ms. Russell’s case, her journey to community appears to have gone off the rails. Ms. Russell was 14 when she died by suicide. The Meta-thing’s spokesperson for the legal action sparked by Ms. Russell’s demise said:
Ms Lagone told the inquest at North London Coroner’s Court she thought it was “safe for people to be able to express themselves” – but conceded two of the posts shown to the court would have violated Instagram’s policies and offered an apology about some of the content. Responding to questioning, she said: “We are sorry that Molly viewed content that violated our policies and we don’t want that on the platform.”
Move fast and break things was I believe a phrase associated with the Zuck-ini’s garden of delights. In Ms. Russell’s case the broken thing was Ms. Russell’s family. That “sorry” strikes me as meaningful, maybe heart felt. On the other hand, it might be corporate blather.
Macworld does not address Ms. Russell’s death. However, the article “Despite Apple’s Best Efforts, Meta and Google Are Still Out of Control.” The write up explains that Apple is doing something to slow the stampeding stallions at the Meta-thing and Googzilla.
I noted this passage:
There is a great potential for this [data gathered by certain US high-technology companies] information to be misused and if we in the United States had any sort of functional government, it would have made these sales illegal by now.
My question: What about the combination of a young person’s absorbing content and the systems and methods to display “related” content to a susceptible individual. Might that one-two punch have downsides?
Yep. Is there a fix? Sure, after two decades of inattention, let’s just apply a quick fix or formulate a silver bullet.
But the ultimate is, of course, is to say, “Sorry.” I definitely want to see the Zuck-ini stuffed. Absent a hot iron poker, an Italian sausage will do.
Stephen E Arnold, September 28, 2022
Greetings, Zuck: Fancy a Chat about Cambridge Analytica?
September 27, 2022
The right to be forgotten does not apply to the Cambridge Analytic matter. “MPs Formally Request Zuckerberg Answer Questions” reports:
Mark Zuckerberg has been sent a formal request to appear before MPs and answer questions regarding a growing scandal about user data.
Will the Zucker cooperate? I circled this passage:
Mr Collins [Damian Collins MP, the chair of the culture committee] wrote that the DCMS committee “has repeatedly asked Facebook about how companies acquire and hold on to user data from their site, and in particular about whether data had been taken without their consent. “Your officials’ answers have consistently understated this risk, and have been misleading to the Committee,” Mr Collins informed Mr Zuckerberg. “It is now time to hear from a senior Facebook executive with the sufficient authority to give an accurate account of this catastrophic failure of process.”
I drew a yellow underline around several words and phrases:
- Repeatedly asked
- Data taken
- Without their [Facebook users I presume] consent
- Understated this risk
No bit time semantic sentiment analysis is required to get the idea that Mr. Collins is not going to give the Zucker a like.
But the best phrase in the article is Mr. Damien’s analysis of how the Zuckbook implements its operations. Here’s the phrase:
Catastrophic failure of process
Will the Zucker show up? Nah, that’s where Nick Clegg. Is it true that Mr. Clegg enjoys slippery eel, olive oil, and salted butter tea sandwiches? The MPs may not enjoy these, however. Mr. Damien will want bloody red meat carved from the cows in line for slaughter. But that’s just my opinion, just my opinion.
Zuck tartare, anyone?
Stephen E Arnold, September 27, 2022
Twitter and Software Robots: Elon, How a-Bot That Study from Israel?
September 22, 2022
How many bots or software robots does it take to boost a concept? Apply either the Diddle Coefficient or the Finagle Constant to get the necessary result. Okay, just joking. I read “A New Israeli Study of Twitter’s Fake Users Suggests Elon Musk Might Be Right.” The write up reports:
A new study conducted by CHEQ, an Israel-based cybersecurity firm, estimates at least 12 percent of Twitter users are likely fake…. Twitter claims fake accounts and bots comprise less than 5 percent of its roughly 200 million daily active users.
Plus, get this:
Fake users are particularly prevalent in Twitter’s overseas markets, the larger study found.
Interesting. The write up describes the study which could be:
- A way to get Mr. Musk’s attention for a business purpose
- A way for the Israeli company releasing these Musk-supporting data to get some PR traction
- Data which helps make clear what type of information can be gleaned from online ad clicks.
In my opinion, I pick item number 2. A research report is a much better way to promote Israeli business than the methods used by the NSO Group. (Just kidding, of course.)
Stephen E Arnold, September 22, 2022
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