Scott M. Fulton, III

McCain's 'Real Stimulus' to go head-to-head against FCC's 'net neutrality'

The day after the US Federal Communications Commission voted unanimously to begin debate on the possible introduction of new federal regulations governing how Internet service providers may delineate and manage services for their customers, Sen. John McCain (R - Ariz.) announced he will be proposing simple and swift legislation that would forever separate the Internet from the FCC's purview.

Sen. McCain's office presented Betanews with the very latest draft of the bill this afternoon, which has yet to be reported to the floor (thus it does not yet have a number), and has within the last few hours been renamed the "Real Stimulus Act of 2009." Its earlier name, the "Internet Freedom Act," clashed too strongly with competing pro-net-neutrality legislation introduced earlier this year in the House. As it stands now, it's only a two-page bill, the principle clause of which reads: "The Federal Communications Commission shall not propose, promulgate, or issue any regulations regarding the Internet or IP-enabled services." Exceptions would be in cases of national security, to ensure public safety, or to aid in law enforcement activities; and existing regulations to that effect would still be considered in effect.

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Microsoft wins round one in its battle against Vista

Anyone who would continue to frame the consumer PC market in 1980s terms, as a continuance of the old war between Microsoft and Apple, would be sorely disappointed by this morning's earnings news from Microsoft. The measured candor that continues to emerge from CFO Chris Liddell suggests that Macintosh and iPhone are not even on the company's radar at the moment, and that his real battle is against a tougher and more menacing foe: Vista.

As of yesterday, it was officially okay for Microsoft to pronounce Vista part of its past, to "un-support" it from a marketing standpoint (though certainly not from a service standpoint). Steering Microsoft clear of the perfect storm -- the effects of the global recession, coupled with the peak in negative attitude toward Vista -- means putting Vista behind it, placing it in the adversarial role normally characterized by someone who looks a lot more like Justin Long than John Hodgman.

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Dual Verizon CEOs deftly dance on both sides of net neutrality

At about the same time Verizon Wireless CEO Lowell McAdam was preparing to issue a joint statement with Google, of all companies, signaling his company's support of the FCC at least opening up the floor to debate on proposed net neutrality legislation, Ivan Seidenberg, the CEO of parent company Verizon Communications, told attendees at the Supercomm conference in Chicago (as covered by CNET's Marguerite Reardon) that regulating net neutrality itself is "a mistake."

While bloggers noticing McAdam's signature alongside that of Google CEO Eric Schmidt took it to mean that Verizon had actually switched sides on the issue (again, folks, it's a good idea to read the whole story), it's clear that the intent of the joint statement was to demonstrate the company's willingness to come to the table and debate the issue civilly, and to listen to Google's side of the argument as well. But McAdam's fingerprints were all over sentence #2, which acknowledges that his company still disputes "whether mobile networks should even be part of the discussion" -- in other words, whether the FCC has the right to use net neutrality as a springboard for regulating Internet commerce and transactions.

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Apple's lack of iPhone tethering: Can 'net neutrality' render it illegal?

The principal argument made by opponents of "net neutrality" regulation, such as what the US Federal Communications Commission formally proposed today, is that government need not extend the hand of regulation to an industry that has arguably flourished in the absence of regulation. Almost like a Microsoft "embrace and extend" policy, opponents argue, government can conceivably leverage its advantages on one platform to extend itself to another, as FCC Chairman Julius Genachowski has actually admitted he's doing with respect to using telecommunications law to regulate Internet service -- an area that was, up until 2004, outside the FCC's purview.

The year 2004 is when then-Chairman Michael Powell put forth his "Four Freedoms" for Internet users which, though not actually law, were certainly cited by legislators in pushing net neutrality legislation (none of which actually passed). The third freedom, as Powell put it then, was this: "Consumers should be permitted to attach any devices they choose to the connection in their homes." Today's FCC refers to this as the "any-device rule."

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Microsoft misses a perfect opportunity for Windows 7 and multitouch

Here are some observations after having watched Microsoft CEO Steve Ballmer's Windows 7 rollout, as streamed live from a Soho loft earlier this morning: Although I'm on record as praising Windows 7 (at Vista's expense), Microsoft missed a window here to make its new product more tangible and more interesting to consumers.

We saw plenty of demonstrations today about multitouch, which will at some point be perceived as a key feature of Windows 7 once more people are able to get their hands on it. But the only two routes Microsoft presented this morning were through expensive touch-sensitive TVs (which don't make sense to folks who prefer remote control) and through a new class of PCs that has yet to find a proper form factor, let alone make its way from the factory.

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Mozilla aims to revolutionize Web layout with new Firefox font support

One area of Web standards where both Mozilla Firefox (version 3.5.3 CRPI: 7.34) and Opera (version 10 CRPI: 6.38) have an edge over Google Chrome (build 3.0.195.25 CRPI: 15.85) is in the field of page-designated font rendering. It's where the code for the Web page specifies which fonts to use, and even triggers the downloading of those fonts where necessary. Actually, Opera 10 has led the way in scalable Web fonts support although Firefox 3.5 has followed close behind.

The problem here has been with the extremely proprietary nature of the fonts used for the Web. They actually are TrueType and OpenType fonts, the majority of whose licensing prohibits their use for anything other than installation in commercial operating systems on a per-desktop basis. Even though some typographers have created free renderings of their commercial font products (here's a favorite of mine: Museo Sans by Exljbris), there's some question as to whether type designers are technically allowed to use the proprietary underpinnings of font technology (mostly contributed by Adobe, Microsoft, and Apple) for use on the Web.

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Flashback 1990: The debut of Windows 3.0

This is most likely neither the first nor the last article you will read on the subject of Microsoft Windows 3.0. The attention being given the new product is not only deserved, but in many cases carefully orchestrated. The weeklies and fortnightlies have already extolled the merits of Win3's "three-dimensional" buttons, proportional text, and now-boundlessly managed memory. Their gold-star awards have no doubt been bestowed upon the product for being the best in its class, albeit the only product in its class. The "pundits" have already laid blame upon someone for Win3's alleged tardiness to market. The entire story is so well-patterned, it may be read without ever having laid eyes to the printed page.

Yet if we follow the pattern, we miss the real story...

It is May 1990. For several months, reporters had been prepared by Microsoft to cover what was being billed as the most important event in the history of software. It was the beginning, we were told, of the end of DOS, and the birth of a new software "ecosystem" that enabled independent developers to build graphical applications for the first time, without having to jump through the many hoops and stroke the countless egos of Apple. Microsoft would have a hands-off policy in the development of software that supports what was being called, for the first time, the Windows Operating Environment.

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Windows 7: Vista without the crap

Download Microsoft Windows 7 Upgrade Advisor 2.0 from Fileforum now.

Here is the essential information you need to know if you're a Windows Vista user considering whether to upgrade to Windows 7: Yes.

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Giving it all to Google: It may be too late to complain

The problem is not so much Google itself. The problem is with the self-absorbed-yet-insecure nature of a plurality of industries, media being just one among them, whose collective inability to plan how they would conduct business in the era of digital multimedia communication, led them to essentially give up, give in, and let Google build it all for them.

Conducting business is all about staying visible, not just in front of the public's eyes but in its conscience as well. It's why Coca-Cola continues to advertise itself even though folks are likely to go on drinking it anyway (there's a great gag about this fact in Ricky Gervais' latest film, The Invention of Lying). At a time during the evolution of the Internet when businesses were busy trying to construct analogs for physical business entities -- such as online shopping malls with 3D virtual escalators, online business directories that were alphabetized, and "portals" that sought to become the world's centers for particular industries, such as dog grooming -- along came an Occam's Razor that appeared to make everything much simpler: It was the idea that visibility, that critical ingredient of all business relationships, can be engineered.

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EC hopes to beat US, Google in book-scanning race, may rewrite law to do it

Out of concern that Google may yet be able to scan the printed works of authors worldwide and make them available to Americans but not Europeans, two leading European Commissioners this morning set forth on a plan they hope could beat Google to market. Their plan involves Europeana, the online portal for the collected works of the EU's member countries, which is still officially in beta, though has come a long way from its extremely rocky first tests last year.

Commissioners Charlie McCreevy and Viviane Reding this morning issued an official "Communication" regarding their plan to use Europeana.eu as a portal for the publication of printed European works that have fallen into the public domain, as well as "orphaned" works -- books that may still be under copyright protection, but which no author or publisher has recently claimed.

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Office 2010, SharePoint public betas for November, VS 2010 Beta 2 Wednesday

During an industry event whose original purpose was to concentrate on SharePoint 2010, Microsoft's collaborative server product, CEO Steve Ballmer revealed that his company is making ready an official "public beta" of Office 2010, the applications suite for Windows.

The most likely timeframe for such a release would be during PDC 2009, Microsoft's annual developers' conference now scheduled for the third week of November in Los Angeles.

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Microsoft and Mozilla leave Web users tangled over 'variant' vulnerability

In what is now indisputably the most important vulnerability addressed during last Tuesday's record round of Windows patches, the two companies most affected by the problem -- Microsoft and, to a lesser extent, Mozilla -- could not help but be caught in a tangle of miscommunication exacerbated to a large extent by overhype from a sea of blogs. As a result, it's everyday users who are left confused and bewildered, even though no known exploit for the vulnerability exists.

The problem involves both the ".NET Framework Assistant" add-on and "Windows Presentation Manager" plug-in made by Microsoft for Mozilla Firefox, both of which are installed automatically -- and without warning -- by Microsoft's .NET Framework 3.5 Service Pack 1. One of Microsoft's patches last week, as explained in a Microsoft bulletin, addresses the functionality of 3.5 SP1 that's made available through these Firefox extensions.

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Mozilla designer suggests Windows 'browser ballot' is preferential to Apple

In a blog post yesterday first noticed by Computerworld's Gregg Keizer, a member of Mozilla's user experience team -- stating she was not writing on behalf of Mozilla, as the organization allows -- suggested that Microsoft's revised proposal for a Web browser selection screen for European Windows users still isn't fair enough to the browser market.

Because more computer users are accustomed to the typical ways to install software, states Mozilla UX team member Jenny Boriss, they may assume that the first choice that appears in a list is the preferred choice. In Microsoft's original proposal, Internet Explorer 8 appeared in the leftmost column. But in the company's more neutral alternative as proposed last March, it placed browsers in columns sorted in alphabetical order by their manufacturer. As a result, Apple Safari fell first.

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Broadcast radio one step closer to paying performers' royalties

With the music industry's business model in flux, mostly due to forces seemingly beyond its control, one way of potentially reducing some of the stress from lost CD sales is by Congress lifting terrestrial radio broadcasters' exemption from paying royalties to musical performers -- an exemption that has been allowed since the beginnings of radio. Though a majority of representatives in the US House have voiced opposition to such a measure, a similar majority has yet to coalesce in the Senate.

Yesterday, concerted leadership in the Senate Judiciary Committee passed its version of a bill authored in the house by Rep. John Conyers, Jr. (D - Mich.), effectively striking language from US Code granting radio broadcasters exemption from paying royalties to performers. (Broadcasters currently do pay royalties for copyright holders, typically through annual fees.)

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Verizon victory: Royalties not due every time the phone rings

The part of the movie It's a Wonderful Life that always brought a tear to my grandmother's eye was at the end, where little Zuzu hears a bell ring on the Christmas tree, and pronounces that an angel has just gotten his wings. If a district court had found in favor of ASCAP, the nation's leading performers' rights organization (PRO), it's quite possible that if that bell had sounded like a particular song, someone somewhere might have been owed change.

The question at hand was whether performers' royalties -- the same share of proceeds that rights holders get whenever you play a song on Last.fm or Pandora -- were owed to the performers of the music you hear in wireless ringtones. If so, wireless services everywhere could owe a ton of money. And ASCAP may never have thought so in the first place had Cellco Partnership (a company doing business on behalf of Verizon Wireless) hadn't made an application last January for a blanket license -- in other words, if Cellco hadn't been willing to pay a little something for those rights in the first place.

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