It's not déjà vu, it's just all happening again. Just over a year after Canon had to bow its head in shame due to a black dot / banding issue that plagued the EOS 5D Mark II, along comes yet another heartache surrounding one of the company's finest DSLRs. The v2.0.3 firmware update that was issued earlier in the week is apparently causing audio problems for some users, with the actual quirk going a little something like this:
"Recently we have discovered a malfunction that occurs with Firmware Version 2.0.3, in which the manual recording levels for C1/C2/C3 are changed and the camera becomes unable to record audio if the power is turned off (or if Auto power off takes effect) after registering "Sound Recording: Manual" in the camera user settings. We apologize very sincerely for the inconvenience, but we are going to stop making this firmware available for download. For customers who have already updated to the new firmware, when using the camera with the mode dial set to C1/C2/C3, please either set the sound recording settings to Auto." In the meanwhile, Canon has pulled the update from its support site while it works on a new firmware version to patch things up, but aside from a promise of "soon," there's no way to tell when exactly the new file will hit the pipes.

[Thanks to everyone who sent this in]

Canon EOS 5D Mark II 2.0.3 firmware yanked due to audio issues, fix is on the way originally appeared on Engadget on Thu, 18 Mar 2010 15:54:00 EST. Please see our terms for use of feeds.

Permalink cinema5D News  |  Canon  | Email this | Comments

I've spent the last few hours going through the motions for summary judgment from both Google and Viacom in the YouTube case. If you'd like to kill a few hours yourself:

• Viacom Summary Judgment Motion (pdf)
• Viacom Statement of Undisputed Facts (pdf)
• Google Summary Judgment Motion (pdf)

There are few surprises made in the basic arguments by both parties. Viacom claims that YouTube knew about infringing content and should have taken it down (and that Google knew about this and then continued with that policy). Google claims that it's clearly protected by the DMCA's safe harbors. There are some interesting things raised in the filings however:

• Viacom claims that YouTube employees uploaded infringing content themselves, and discussed this over email -- though, the filings carefully provide only fragments of the emails, which could easily have been taken out of context. And, even on top of that nowhere does Viacom explain how YouTube employees could distinguish which content was actually infringing and which was put up for promotional purposes or what was fair use. This is a major weakness in Viacom's motion.
• Viacom's secondary arguments get weaker as you go down the list. It argues that because YouTube uses advertising to make money, that shows the company directly profits from infringement. That argument makes no sense -- because it would effectively wipe out any safe harbors for any commercial operation, which clearly was not the intent of Congress. Based on this argument, any ISP that hosts content from a paying customer loses its safe harbors. That's ridiculous on its face.
• Viacom argues that Google could have blocked uploads with fingerprinting technology it had licensed, but fails to note the massive weaknesses in those fingerprinting technologies (which we still see thanks to Google's bad automated takedowns). It tries to bolster this argument by saying that Google refused to use the fingerprinting on Viacom content unless Viacom agreed to license its content to YouTube. Perhaps there's more to it than this, but I think that's also taking Google statements out of context. The way the fingerprinting works is that Google would need copies of the content to be able to recognize them -- and the only way to do that is if Viacom licensed works to them.
• Then the arguments get really weak. Viacom says that Google isn't just a secondary infringer, but a direct infringer, due to the terms of service that say you're granting a license to YouTube, and because to work, YouTube converts uploaded video to Flash. This is a weird legal argument that has been rejected before.
• The crux of Viacom's argument rests on trying to break the DMCA safe harbors because Google and YouTube execs knew that there was a lot of infringing content on the site. But Viacom's argument breaks down entirely when you realize it doesn't explain how Google could ever make the actual determination of which videos are infringing. Viacom tries to get around this with some legal tap dancing, basically saying that it doesn't matter and Google just should have known what was infringing and what was not. But that makes no sense. Viacom is basically saying Google should have had a magic wand to figure out what's infringing and make it disappear. That's impossible. No law could possibly require Google to do the impossible. The fact that some of the videos Viacom sued over were uploaded by Viacom itself proves this point clearly.
• Viacom argues that because YouTube "licensed" its videos to Apple and Verizon Wireless phones, it shows that it's more than just a passive service provider. Again, this seems like a weak overall argument, as what YouTube was doing was licensing access to the videos in a more convenient format, not claiming control over the videos themselves.
• Viacom's lawyers also have a bit of fun at the fact that some old emails relevant to the case were deleted, even though it's not that ridiculous that not everyone keeps all their emails. The motion also mocks Google and YouTube execs for developing "serial amnesia" when presented with "evidence." But, again, Viacom was asking people to remember specific sentence fragments (potentially taken out of context) from years-old emails.
• The "big surprise" in the Google motion is that Viacom apparently tried to buy YouTube itself. While interesting as a historical nugget, I'm not really sure that really helps the case one way or the other. It doesn't change how Viacom may have viewed YouTube as a platform. The attempted purchase may just have been a way to try to co-opt it into a limited platform, like what happened with Napster.
• Google argues that it has gone above and beyond the DMCA's requirements in providing tools to help copyright holders. Viacom's counter argument, of course, is that those changes are more recent.
• For every claim made by Viacom that Google/YouTube execs made damning statements, it looks like Viacom's statements were even worse. For example: During these negotiations [to license content] Viacom deliberately allowed its content to remain on YouTube, in part because it thought that "having the content there was valuable in terms of helping the rating of our shows." Google effectively makes the case that Viacom knew the benefits of having its clips on YouTube, tried to negotiate with YouTube for a deal, and when Google came into the picture, basically Viacom just saw it as an easy money grab and massively upped its demands before suing. Google argues that the mass takedown and subsequent lawsuit was really just a negotiating ploy by Viacom to get an upper hand in the negotiations to squeeze more money out of Google.
• Amusingly, Viacom notes repeatedly in its own filings that YouTube didn't want to take down its videos because traffic to YouTube would suffer -- but Google counters by pointing out that it did take down all of Viacom's 100,000 takedown requests within hours and traffic to the site did not suffer and, despite Viacom's expectations to the contrary, traffic to Viacom's own sites did not soar. In other words, despite Viacom's over-inflated sense of how important Viacom's videos were to YouTube, the actual evidence suggests that Viacom was very, very wrong.
• Viacom tries to brush off the fact that it uploaded many videos itself, by saying (in a footnote) that most of those videos were clearly designated as being from Viacom. Google counters by pointing out that (a) this is not true and (b) Viacom repeatedly disguised who uploaded those videos on purpose -- even quoting Paramount's SVP of marketing saying that the clips "should definitely not be associated with the studio -- should appear as if a fan created and posted it." Among the users who uploaded Viacom clips on behalf of Viacom itself? MMysticalGirl8, Demansr, tesderiw, GossipGirl40, Snackboard and Keithhn On top of that, they registered with non Viacom email addresses, and even went to the local Kinkos to avoid uploading from Viacom directly. How Google was supposed to distinguish those clips from those uploaded by random users is not explained anywhere by Viacom, which is a hugely damning point against Viacom's case.
• Further damning to Viacom's case -- the fact that Viacom regularly had to backdown on its takedown notices after it was realized that the takedowns were incorrect. This is a point that we've made before and is driven home repeatedly in Google's filing. If Viacom itself can't get it right -- when it holds the copyrights and some of the videos were uploaded by itself -- how the hell is Google supposed to know which videos are legit and which are not?
• Even more amusing is the part that details how Viacom had incredibly complex and detailed rules with BayTSP (who monitored YouTube and sent the takedowns) over what should be taken down and what should be left up. Apparently, those rules changed every few days and the folks at BayTSP compared them to Crime and Punishment. Again, if Viacom required such a complex list of rules for its own partner, how could it expect Google to know what to do without knowing any of that information?
• Google also points out that many of the clips in question have serious questions over whether or not they could be considered fair use -- and those are questions for a court to determine. It is both unfair and outside the scope of the law to expect a third party like Google to be able to make that kind of decision on the fly.

In the end, it will surprise no one that I find Google's arguments significantly more compelling than Viacom's. The one point on which Viacom is strongest is the emails from the very early days of YouTube, where the founders and some employees admit that they know there's a fair amount of infringement on the site, and they debate what to do about it, before taking a fairly liberal approach -- though, never an approach that removes their safe harbors (Viacom disagrees on that point). In fact, the weaknesses of Viacom's argument are driven home in that nowhere was it able to produce a single bit of evidence of YouTube founders/execs being aware of a specific infringing video. All of the quotes are about general infringement. The lack of a smoking gun email to the contrary really weakens Viacom's case -- and is a glaring absence in the motion.

What this comes down to in the end is a basic interpretation of what the DMCA really says and means with its safe harbor provisions. Viacom's interpretation would effectively gut the entire purpose of the safe harbor provisions, disqualifying pretty much any commercial entity that allows user created content from gaining safe harbor protections. Such a reading makes no sense as it would make the DMCA safe harbors effectively meaningless.

Google's motion, on the other hand, is quite compelling and highlights how even if execs are aware of general infringement across the site, it was impossible for them to distinguish what was authorized and what was not, as well as what was fair use and what was not. To require a third party like Google to make such determinations would effectively gut the ability of pretty much any user-generated content site to exist -- which, again, would clearly go against Congress' intentions.

Still, with these sorts of lawsuits, you really never know how things will play out -- and judges often get blinded by "infringement bad, must punish!" type arguments. Hopefully, in this case, reason prevails.

Permalink | Comments | Email This Story

Having gone toe-to-toe with Macmillan Publishing over e-book prices last month, only to retreat in the face of a consumer backlash, Amazon is once again talking tough with publishers. This time, however, the stakes are even higher for the Kindle-maker.

According to a New York Times report, Amazon is threatening to remove the “buy” button from major publishers’ e-books if they don’t accede to a detailed list of its demands, including that it not be undersold by other e-book retailers. Although Amazon agreed in principle following the Macmillan dust-up to let publishers set retail prices for their Kindle books while it collects a 30 percent commission, the retailer is apparently keen to maintain its most-favored nation status vs. other e-book sellers, including Apple.

The immediate bone of contention, according to the Times, is Amazon’s demand that publishers sign three-year contracts guaranteeing that no other competitor get lower prices or better terms than it does. Publishers are said to be reluctant to commit to three-year deals when prices and consumer behavior are still in flux.

Amazon’s demand also puts publishers in a tight spot with Apple, which is insisting on most-favored nation status for its iBookstore.

While Amazon may have picked the wrong fight with Macmillan, and then overplayed its hand, the outcome of the  latest battle really could be critical to the Kindle-maker’s long-term strategy, not because of what it could mean for retail e-book prices but for what it could mean for the Kindle platform.

Both Amazon and Apple share the same long-term e-book strategy. Each wants its device, the Kindle and iPad, respectively, to emerge as the dominant e-reading platform. As Apple itself demonstrated with the iPod and iTunes — a strategy deliberately aped by Amazon — controlling the distribution platform gives you control of the value chain. By locking both iPod users and the record companies into the iTunes platform, Apple was able to capture the lion’s share of the value from online music (mostly by selling expensive iPods).

The key to Apple’s success in music wasn’t just the relatively low 99-cent price of individual tracks but that the value in using an iPod for music was competitive against other consumer options, including illegal downloads and other MP3 players.

For both Amazon and Apple, then, it’s critical that the value of using a Kindle or an iPad for reading remains competitive against all other options, especially at this early stage of the market’s development when consumer habits are still up for grabs.

That means not just keeping a lid on e-book prices but making sure you’re the lowest-cost provider of e-books in the market. In this case, most-favored nation means most likely to succeed.

As for how publishers should respond to Amazon and Apple’s mutually exclusive demands for favor, the situation presents a paradox. Normally, supplying both sides in a war is an enviable position for a vendor. In this case, however, the battle is over driving down prices, which is not a fight most vendors want to find themselves in.

Their best strategy is to hold the line with both and hope that no clear winner emerges quickly.

Paul Sweeting is analyst with GigaOM Pro and the author of The Evolution of the e-Book Market (sub. required).

On Glenn Beck's radio program, Rep. Steve King (R-IA) announced a March 20 Capitol Hill rally to protest the health care reform bill, which Beck urged his listeners to attend. In past months, Beck and other Fox News personalities have promoted other rallies for conservative causes and regularly engaged in right-wing advocacy, functioning as the communications arm of the Republican Party.

Beck promotes latest rally to protest health care reform

Beck hosted Rep. King, who announced March 20 rally on Capitol Hill. During the March 18 promoted on Fox Nation, as well as both website worked with others organizing the September 12, 2009, "March on Washington," and he repeatedly encouraged viewers to attend the protest. Fox News also heavily promoted the Tea Party Express tour -- the final stop of which was the 9-12 protest -- on Fox News, Fox Business, the Fox Nation, and FoxNews.com.

Fox News promoted health care disruptions. Fox News promoted disruptions of Democratic town hall events by protesters opposed to health care reform -- protests that have been touted by Republican leaders and supported by conservative groups. Following the August 2, 2009 disruption of a town hall event hosted by Sen. Arlen Specter (D-PA) and Health and Human Services Secretary Kathleen Sebelius, Fox News personalities repeatedly lauded such protesters and urged viewers to take similar action.

Fox News promoted April 15 tea parties. In the lead-up to the April 15, 2009 tea parties, which the channel repeatedly described as "FNC Tax Day Tea Parties," Fox News frequently aired segments publicizing and encouraging viewers to get involved with the protests. A Media Matters for America study found that from April 6 to 13, 2009, Fox News featured at least 20 segments on the "tea party" protests. A subsequent Media Matters study found that from April 6 to 15, Fox News aired at least 107 commercial promotions for its coverage of the April 15 tea parties. Four Fox News personalities, including Beck, broadcast their April 15 broadcasts live from different protests.

Fox News conservative advocacy not limited to protest promotion

Dick Morris regularly uses Fox News platform to promote conservative activism. During his many guest appearances of Fox News programs, Dick Morris has raised funds for conservative candidates and causes and promoted various instances of activism. Instances include Morris promoting his website, DickMorris.com, in order to Marco Rubio, Scott Brown, and Mark Kirk -- who have been bolstered by Fox News in its role as the Republican Party's communications arm.

Leading up to elections, Fox personalities promoted conservative and GOP candidates and helped fundraise for them. Fox News hosts and analysts offered support for McDonnell, Christie, and Hoffman and their fundraising efforts leading up to the elections. For example, on his November 2, 2009, Fox News show, Hannity told Hoffman, "I hope I'm on the air this time tomorrow night and I'll be able to declare you the winner." On November 3, 2009, on Twitter, Fox News contributor Karl Rove encouraged his followers to donate to the Republican Governors Association in order to help Christie's campaign. On two Fox News shows in October 2009, Huckabee directed viewers to "go to balancecutsave.com," urging them to sign a petition telling Congress to "balance the budget," "cut their spending," and "save American families"; however, balancecutsave.com redirected visitors to Huckabee's political action committee, which financially supports Republican candidates. Subsequently, Huck PAC apparently emailed petition signers -- who were required to provide an email address in order to sign the "balancecutsave" petition -- a "newsletter" urging political action on behalf of Republican-backed candidates Bob McDonnell, David Harmer, and Doug Hoffman.

They decide: Fox calls for firing of Obama administration officials. Fox News personalities have suggested that at least 19 Obama administration officials and nominees should resign, be fired, or have their nominations blocked. They have also called for both Speaker of the House Nancy Pelosi and Senate Majority Leader Harry Reid to step down.

In anticipation of the upcoming immigration marches, Media Matters for America has compiled a review of the hateful and outrageous right-wing rhetoric surrounding the immigration debate in 2006.

Right-wing rhetoric: Immigrant-rights marchers, immigrants are seeking to reclaim the Southwest for Mexico

Right-wing rhetoric: Immigrant rights marchers are "racis[t]"

Right-wing rhetoric: Pro-immigration marchers should be arrested or deported

Right-wing rhetoric: Stoking fears over displays of the Mexican flag

Right-wing rhetoric: Immigration is an "invasion"

Right-wing rhetoric: U.S., Mexico are in a state of "war"

Right-wing rhetoric: Immigrants are fundamentally altering American culture or way of life

Right-wing rhetoric: Immigration reform is part of plot to institute "North American Union"

Other hate speech and outrageous rhetoric

Right-wing rhetoric: Immigrant-rights marchers, immigrants are seeking to reclaim the Southwest for Mexico

"Reconquista" is a discredited smear used by the right to generate fear of Latino immigrants. During the 2006 immigration debate, right-wing media repeatedly advanced the discredited smear that Mexican-Americans and Mexican citizens -- particularly "illegal aliens" -- are plotting to take over the U.S. Southwest for Mexico.

Dobbs referred to potential "army" of "illegal alien" "invaders" taking over Southwest. During an April 2006 broadcast of his now-defunct CNN show, Lou Dobbs introduced a report by stating: "There are some Mexican citizens and some Mexican-Americans who want to see California, New Mexico and other parts of the Southwestern United States given over to Mexico. These groups call it the reconquista, Spanish for reconquest. And they view the millions of Mexican illegal aliens in particular entering the United States as potentially an army of invaders to achieve that takeover." Correspondent Christine Romans reported, "Long downplayed as a theory of the radical ethnic fringe, the la reconquista, the reconquest, the reclamation, the return, it's resonating with some on the streets," and went on to say: "A lot of open borders groups disavow it completely. But the growing street protests in favor of illegal immigration, Lou, are increasingly taking on the tone of that very radicalism." [CNN's Lou Dobbs Tonight, 4/31/06]

CNN reporter referenced "the Vicente Fox Aztlan tour," used "Aztlan" graphic sourced to hate group. Lou Dobbs Tonight correspondent Casey Wian characterized then-Mexican President Vicente Fox's trip to Salt Lake City, Utah, as a "Mexican military incursion" and claimed that "[y]ou could call" Fox's trip to the United States "the Vicente Fox Aztlan tour." During Wian's report, CNN featured a graphic of "Aztlan" that was sourced to the Council of Conservative Citizens -- an organization whose "Statement of Principles" reads: "We also oppose all efforts to mix the races of mankind, to promote non-white races over the European-American people through so-called 'affirmative action' and similar measures, to destroy or denigrate the European-American heritage, including the heritage of the Southern people, and to force the integration of the races." [Lou Dobbs Tonight, 5/23/06]

Malkin: "[T]he vast majority of mainstream Hispanic politicians" embrace "the intellectual underpinnings of reconquista." On Fox News' The O'Reilly Factor, columnist and blogger Michelle Malkin declared that protesters in Los Angeles were "people who believe that the American southwest belongs to Mexico, that we don't have a right to enforce our borders, and who do nothing more than try to sabotage our sovereignty." Malkin later added that "the kind of quote-unquote 'pride' that a lot of these illegal alien activists are touting now goes much further than just being proud about one's heritage and one's roots. The idea, the intellectual underpinnings of reconquista, are embraced by the vast majority of mainstream Hispanic politicians." [Fox News' The O'Reilly Factor, 3/30/06]

Wash. Times editorial: Protesters approve of "reconquista" agenda. A Washington Times editorial accused Latinos who protested against a proposal to restrict immigration of either supporting or having given "tacit approval" to the "reconquista" agenda of "Hispanic radicals," which the editorial said was the "reconquering of Mexican land lost during the Mexican-American war." [The Washington Times, 3/30/06]

Fox's Gibson suspicious that Latino advocacy groups are set on "retaking old Mexico territories ... by pure birth rate." While saying that he was citing an internal email from the National Council of La Raza, John Gibson claimed on his Fox News show that he was suspicious that advocacy groups like the NCLR favor "the so-called reconquista," which Gibson described as the "retaking of old Mexico territories, which are now part of the United States, by pure birth rate." Gibson also asserted that the NCLR "is a group dedicated to the betterment of the race," adding, "good, but try being American while you are at it, guys." [Fox News' The Big Story with John Gibson, 4/3/06]

O'Reilly: Purported immigrant protest "organizers" have hidden "hardcore militant agenda" to take back American Southwest. On his radio show, O'Reilly said that the "organizers" of immigrant rallies have a "hardcore militant agenda of 'You stole our land, you bad gringos.' " O'Reilly said that the "slogan" of the demonstrations' organizers was "[W]e didn't cross the border, the border crossed us," and that this meant that the organizers believed that Americans "stole [their] land." The organizers' hidden "agenda underneath," said O'Reilly, was that "now, we're going to take it back by massive, massive migration into the Southwest." [Westwood One's The Radio Factor with Bill O'Reilly, 5/1/06]

Buchanan: "Chicano chauvinists and Mexican agents" want to "take back through demography and culture what their ancestors lost through war." In his book, State of Emergency: The Third World Invasion and Conquest of America, published in August 2006, MSNBC contributor Pat Buchanan wrote: "Chicano chauvinists and Mexican agents have made clear their intent to take back through demography and culture what their ancestors lost through war." He also wrote that the United States must keep "Americans of European descent" from becoming the "minority" in order to "survive[]." [State of Emergency (Thomas Dunne Books)]

Malkin: "[W]e saw ... that supposed fringe" that favors reconquista "come out into the mainstream." O'Reilly said to Malkin, "So I know that there's an undercurrent of militancy that says, 'Hey, this is our territory. You stole it from us in the Mexican-American War. We're going to take it back now by illegal immigration.' But I think that's a fringe, nutty group, not the mass of millions that we have." Malkin replied: "Well, I guess I disagree with you there, Bill, because I mean, we saw in April and May of this year [2006] that supposed fringe come out into the mainstream. And it wasn't just a dozen folks who are ensconced in the ivory tower who believe that the Southwest is Aztlan and it belongs to them." O'Reilly later asked her: "You think that this massive immigration to the United States, 15 million strong, is a part of a plan to bring back territory to Mexico?" Malkin responded: "Well, I take the Mexican government at its word when it says that is exactly its plan." [The O'Reilly Factor, 8/23/06]

Right-wing rhetoric: Immigrant rights marchers are "racis[t]"

Malkin: "[M]ilitant racism from another protected minority group was on full display" from "Latino supremacists." In her syndicated column, Malkin wrote of immigration rallies, "Well, this weekend, militant racism from another protected minority group was on full display. But you wouldn't know it from press accounts that whitewashed or buried the protesters' virulent anti-American hatred." Malkin also wrote: "Apologists are quick to argue that Latino supremacists are just a small fringe faction of the pro-illegal immigration movement (never mind that their ranks include former and current Hispanic politicians from L.A. Mayor Antonio Villaraigosa to former California Democratic gubernatorial candidate Cruz Bustamante)." [Creators Syndicate column, 3/29/06]

Savage: "[B]rown supremacists" are "behind these protests." On his nationally syndicated radio show, Michael Savage said: "So, it seems to me that there's a certain group of immigrants that's not very happy and they're all Hispanic. I don't see any other racial group out there in the streets, do you? Now, that's very interesting. I'm not allowed to raise the issue or the specter of brown supremacists behind these protests. Don't tell me this is all about compassion for immigrants, because it is not at all only about compassion for immigrants. They are trying to provoke the takeover of the United States of America." [Talk Radio Network's The Savage Nation, 4/11/06]

Right-wing rhetoric: Pro-immigration marchers should be arrested or deported

Fox's Asman wondered whether marches are a perfect chance to "round up these lawbreakers and ship them out." Guest-hosting Fox News' Your World, David Asman discussed nationwide protests of immigration reform and wondered: "With so many illegals hitting the streets, is this the perfect time to round up these lawbreakers and ship them out?" As Asman spoke, the on-screen text read: "Round 'Em Up?" Later, the text read: "Perfect Chance to Arrest Illegal Immigrants?" [Fox News' Your World with Neil Cavuto, 4/10/06]

Smerconish: "[L]aw enforcement ought to step in" at immigration demonstrations and consider "gathering ... up" undocumented immigrants. Guest-hosting MSNBC's Scarborough Country, Philadelphia-based radio host Michael Smerconish suggested that "maybe law enforcement ought to step in" at pro-immigration demonstrations and consider "gathering ... up" undocumented immigrants. Smerconish wondered why there was "zero discussion" of "gathering them up" at the demonstrations, when "[a]ll I keep hearing is how would we ever find them?" [MSNBC's Scarborough Country, 4/10/06]

Doocy suggested "round[ing] them up right then, when they're saying, 'Hey, I'm right here.' " On Fox & Friends, syndicated radio host Erich "Mancow" Muller announced that he was "having a big rally here in Chicago" for a "group" that he said was "pro-illegal murder and illegal car thieves." Muller added: "We're just getting together, and we're going to be out on the street. We're for illegal murder and illegal car thievery. So, we just like illegal stuff." Muller added: "I just like illegal murder and illegal car thieves. So, you know, it's illegal, but -- and, in fact, all the people who have done it are going to be out there on the street, and hopefully, none of the cops will come arrest us." Co-host Steve Doocy then said: "Yeah, you wouldn't want to round them up right then, when they're saying, 'Hey, I'm right here.' " [Fox News' Fox & Friends, 4/3/06]

Right-wing rhetoric: Stoking fears over displays of the Mexican flag

Media figures attacked Mexican-flag wavers, but not those waving Irish, Italian, or Israeli flags. Following immigration rallies, media figures criticized demonstrators for carrying Mexican flags, but the same media figures had not complained about people waving other nations' flags, such as Irish flags at St. Patrick's Day events, Italian flags at Columbus Day events, or Israeli flags at Israel Day events. Some commentators even dismissed the comparison. For instance, National Review editor Rich Lowry called the Mexican-flag waving "more ominous" than the St. Patrick's Day or Columbus Day displays.

Savage: "[B]urn the Mexican flag!" On his radio show, Savage urged his listeners to "burn the Mexican flag" in opposition to undocumented immigrants, telling them to "[b]urn a Mexican flag for America, burn a Mexican flag for those who died that you should have a nationality and a sovereignty, go out in the street and show you're a man, burn 10 Mexican flags, if I could recommend it. Put one in the window upside down and tell them to go back where they came from! And if that's a little to xenophobic for you, ask yourself why the xenophobes from Mexico wave their flag in your country." [The Savage Nation, 3/27/06]

Fox News: Waving Mexican flag shows "antagonistic edge," waving U.S. flag "just a cover" and "a ploy to win America's support." Asman cited demonstrators' use of Mexican flags as evidence of "an antagonistic edge" and suggested that the use of U.S. flags and signs written in English at pro-immigration demonstrations was "just a cover" by the demonstrators to conceal their "real intention, which is to keep things as normal among illegal immigrants in the country." Similarly, Neil Cavuto suggested that the pro-immigration demonstrators' U.S. flags were "just a prop" and "just a ploy to win America's support." [Your World with Neil Cavuto, 4/10/06; 4/11/06]

Right-wing rhetoric: Immigration is an "invasion"

Buchanan: Illegal immigration is "an invasion of the United States of America" and "[t]he whole world is coming." On MSNBC's Hardball, Buchanan claimed that the influx of undocumented immigrants into the United States is "not immigration" but "an invasion of the United States of America" that is "coming not only from Mexico," but "from the whole world." He reiterated: "The whole world is coming." [MSNBC's Hardball with Chris Matthews, 5/15/06]

Savage: "This is an invasion by any other name." Savage said, "We, the people, are being displaced by the people of Mexico. This is an invasion by any other name. Everybody with a brain understands that. Everybody who understands reality understands we are being pushed out of our own country." [The Savage Nation, 3/27/06]

Buchanan: "This is an invasion, the greatest invasion in history." In State of Emergency, Buchanan wrote of immigration: "This is an invasion, the greatest invasion in history." He also wrote: "We are witnessing how nations perish. We are entered upon the final act of our civilization. The last scene is the deconstruction of the nations. The penultimate scene, now well underway, is the invasion unresisted." [State of Emergency]

Right-wing rhetoric: U.S., Mexico are in a state of "war"

Tancredo: [W]e are at war with Mexico, in a way." On Fox News' Hannity & Colmes, WorldNetDaily.com columnist Tom Tancredo -- then a Republican congressman from Colorado -- said, "[I]n a way, we are at war with Mexico, in a way. I'll say it in this way: Mexico is aiding and abetting an invasion of this country. They are part of the problem. They are doing what they are -- in fact, they are creating situations along that border using their own military to protect drug trafficking into the United States, pushing their own people into the United States for a variety of reasons. It is an invasion. It is an act of aggression." [Fox News' Hannity & Colmes, 6/26/06, transcript from the Nexis database]

Beck sidekick Gray: "[W]e are in a war with Mexico right now." Pat Gray, who is now a co-host of Glenn Beck's radio show, appeared on Beck's then-CNN Headline News show and claimed that "we are in a war with Mexico right now." After Beck agreed that "we better wake up soon," Gray responded: "[O]r we're going to wake up dead." [CNN Headline News' Glenn Beck, 9/25/06]

Right-wing rhetoric: Immigrants are fundamentally altering American culture or way of life

O'Reilly claimed to have exposed the "hidden agenda" behind the immigrant rights movement: "the browning of America." O'Reilly claimed that during his Fox News show, guest Charles Barron, a New York City councilman, had revealed the "hidden agenda" behind the current immigration debate. O'Reilly told his radio listeners: "[T]he bottom line is Charles Barron said last night is there is a movement in this country to wipe out 'white privilege' and to have the browning of America." But in the interview, Barron at no point claimed that he and other advocates for immigrant rights are motivated by a desire to force white Americans into the minority -- despite O'Reilly's repeated efforts to provoke such an acknowledgment. [The Radio Factor with Bill O'Reilly, 4/12/06]

Beck: "[I]llegal immigrants are attacking our culture, and our way of life." On his then-CNN Headline News show, Beck said, "[A]t the very least, illegal immigrants are attacking our culture, and our way of life. They are not melting into our melting pot -- they're here for the cash." He later said, "I mean, we've got all these threats coming in from overseas, but the simplest way is for us to lose the culture of the West is just to do nothing and let illegal immigrants not melt in and take the culture away from us." [Glenn Beck, 8/24/06]

Buchanan: "They're not welcome to come here and insult the symbols of our country, and that's what these outsiders have done." On Scarborough Country, Buchanan said that a Spanish-language version of "The Star-Spangled Banner" is "a provocation and an insult" and that immigrants are "not welcome to come here and insult the symbols of our country, and that's what these outsiders have done." Buchanan then said that the Spanish recording is "a good thing in this sense: The American people are awakening to the character of these people." [Scarborough Country, 5/1/06]

Matthews: Republicans "have a right to fear" a "cultural change" that would result in their hometowns "becom[ing] overwhelmingly Mexican." On Hardball, Matthews claimed that House Republicans who had passed a bill that would apparently have criminalized undocumented immigrants, their employers, and those who provide aid to them "have a right to fear" a "cultural change" that would result in their home states and towns "becom[ing] overwhelmingly Mexican." Matthews was responding to a suggestion by guest Amy Goodman, host of Democracy Now, that "the Republicans who passed the House bill" are "afraid" that the United States will soon have "a majority Latino population." Matthews later said, "It's not my point view necessarily," before suggesting that "90 percent of this country" agrees with the "viewpoint" that "I didn't move to Mexico; Mexico moved to me, and I'm complaining about it." [Hardball with Chris Matthews, 3/30/06]

O'Reilly: "[Y]ou're on a nice block ... and then the house next to you is turned into an illegal alien Club Med." On his radio show, O'Reilly said:

You've got the folks who don't have emotion invested in it, other than the farmers down and the ranchers down on the border are going -- as the lady just called up, [caller] -- say, look, I got garbage in my -- on my ranch every day. I mean, I'm under siege. They have emotion invested in it. But those of us up here don't.

Unless you live in a town, like Farmingville, Long Island -- we went over this before -- where you bought a house, you spent a couple of hundred thousand dollars, you're on a nice block, your kids are happy, and then the house next to you is turned into an illegal alien Club Med. And this happens all over the country. [The Radio Factor with Bill O'Reilly, 3/27/06]

Buchanan: "I think what's coming is the complete balkanization of America." On Hardball, Buchanan said, "I think what's coming is the complete balkanization of America, and I'm afraid it's going to be by ethnicity and culture, and language, and every other way. ... And so, then, it's not like the country you and I grew up in, Chris, whereby we were monocultural. We were monocultural." [Hardball, 6/5/06]

O'Reilly wondered whether children of Mexican immigrants in U.S. "have any kind of traditional value system" or are "setting up Acapulco North." On his radio show, O'Reilly wondered whether children of legal and undocumented immigrants from Mexico who are attending school in the United States "have any kind of traditional value system at all, vis-à-vis what America used to be," or whether they are "taking their Mexican values, because most of them are Mexicans, and, you know, basically setting up Acapulco North." [The Radio Factor with Bill O'Reilly, 8/15/06]

Buchanan: "You're going to have a giant Kosovo in the Southwest, which de facto is going to secede." On Scarborough Country, Buchanan said: "[Y]ou cannot absorb 40 to 60 million more people. You're going to have a giant Kosovo in the Southwest, which de facto is going to secede from this country." [Scarborough Country, 6/5/06]

Buchanan: Immigration will turn U.S. into "a polyglot boarding house for the world, a tangle of squabbling minorities." On CNN's The Situation Room, Buchanan warned that "[w]e'll become a polyglot boarding house for the world, a tangle of squabbling minorities." He continued: "The problem with the immigration, basically -- let's take Mexico -- is these folks are breaking the law, first. Secondly, they're coming in huge numbers, like no other group before. Third, they're from a contiguous nation. Fourth, 58 percent of Mexicans believe the Southwest belongs to them. Fifth, the Mexican government is pushing them in here, and it's got a political and ideological agenda." [CNN's The Situation Room, 8/28/06]

Right-wing rhetoric: Immigration reform is part of plot to institute "North American Union"

"North American Union" is an absurd conspiracy theory. Right-wing media, including Dobbs, have obsessively warned that elements in the U.S. government are secretly plotting to merge the United States with Mexico and Canada in a "North American Union" similar to the European Union. During the June 21, 2006, edition of his CNN show, Dobbs stated that "the Bush administration is pushing ahead with a plan to create a North American union with Canada and Mexico" and later asked: "Do you think, our question is, maybe somebody should take a vote if we're going to merge Canada, Mexico and the United States as the leaders of the three countries are attempting to do with the security and prosperity partnership? Yes or no. Cast your vote at LouDobbs.com." Dobbs' CNN colleague Suzanne Malveaux later described the North American Union rhetoric as "conspiracy theor[y]." [Lou Dobbs Tonight, 6/21/06]

Corsi: "North American Union ... was the hidden agenda behind the Bush administration's true open borders policy." Jerome Corsi, co-author of Unfit for Command: Swift Boat Veterans Speak Out Against John Kerry, wrote in a column that "President Bush is pursuing a globalist agenda to create a North American Union, effectively erasing our borders with both Mexico and Canada. This was the hidden agenda behind the Bush administration's true open borders policy. Secretly, the Bush administration is pursuing a policy to expand NAFTA politically, setting the stage for a North American Union designed to encompass the U.S., Canada, and Mexico." [HumanEvents.com, 5/19/06]

WND's Farah linked Bush guest-worker proposal to plan by "one-worlders" to merge U.S., Mexico, Canada. Appearing on a radio show, WorldNetDaily founder and editor Joseph Farah claimed that the "one-worlders" of the Council on Foreign Relations have a plan to merge the United States, Mexico, and Canada by 2010 and suggested that Bush's proposed guest-worker program is part of this plan. Farah said, "Sometimes, the conspiracies are right." [American Family Radio's Today's Issues, 4/4/06]

Buchanan: Vicente Fox's "ultimate goal" is making Mexico and U.S. "basically part of the North American Union." On Lou Dobbs Tonight, Buchanan said, "The government of Mexico is pushing its poor and unemployed into the United States to ease social pressure on itself. Secondly, they get $16 billion in remittances back to Mexico. Third, it is awoken to the idea that it can reannex the American southwest, which it used to hold, linguistically, culturally, ethnically and socially, not militarily by pushing all these people in there and creating a gigantic fifth column in America." Buchanan added: "The ultimate goal of Vicente Fox is the erasure of the border between the United States and Mexico. He has said as much and to make the two basically part of the North American Union in which Mexico will get ... a constant flow of cash from the wealthy USA and La Reconquista is the objective." [Lou Dobbs Tonight, 9/5/06, Nexis transcript]

Other hate speech and outrageous(...)

It looks like Novatel isn't the only outfit that's figured out something useful to do with Qualcom's Wearable Mobile Device module designs. In advance of CTIA 2010 the kids at AnyDATA have announced the new DTW line of embedded 2G and 3G wireless modules. At 21 x 22 x 4.5mm they're smaller than a quarter, which means that your dream of having a wireless quarter might someday be realized! (But not a wireless Susan B. Anthony Dollar -- that would be crazy.) All modules in the line include GPSs and accelerometers, and at least two of 'em -- the DTW-200 (CDMA 1X) and DTW-500 (3G EVDO Rev A) modules -- feature A-GPS as well. Check out the PR after the break for all the details juicy details -- you know, except price and availability. Apparently those are still TBA.

Continue reading AnyDATA to preview new embedded 2G, 3G wireless modules at CTIA

AnyDATA to preview new embedded 2G, 3G wireless modules at CTIA originally appeared on Engadget on Thu, 18 Mar 2010 15:09:00 EST. Please see our terms for use of feeds.

Permalink   |   | Email this | Comments

Despite criticism, and an overall frustrating experience, Google is definitely not ready to give up on Buzz. The latest indication comes today by way of a new Android widget that makes it easier than ever to post updates to the service.

The new Google Buzz widget for Android allows you to post text or photos to the service without having to launch any app on the device. And, if you choose, you can easily tag your location to your buzz, as well as determine if it should be public or private. This widgets extends the already solid support the Android platform is offering the young service. For example, Buzz is built into Google Maps on Android, as well.

This new widget looks very slick — easily one of the best widgets for Android yet. And it furthers my opinion that Buzz should have been launched as a location-based service first. Of course, this simple functionality wouldn’t be possible on the iPhone, which doesn’t allow for widgets (and who knows if they’d even accept a Buzz native app at this point — or if Google would even create one for them).

Google talked about Buzz quite a bit this past week during a panel at SXSW. They apparently are thinking about letting users pre-test new features now.

This new widget works on Android 1.6 and later.

CrunchBase InformationGoogle BuzzAndroidInformation provided by CrunchBase

Is this the greatest photo in the world? Apparently so! It’s a 26-gigapixel (!), 220-degree panorama of Paris. If it’s not the greatest photo in the world, then, according to its photographers, then it’s certainly the largest. You have to visit the site to appreciate it, obviously.

Though Apple both publicly and privately warned smartphone makers that it wouldn't tolerate its intellectual property being infringed upon, the company made its first move against Taiwan-based HTC earlier this month with a federal lawsuit and a complaint to the International Trade Commission. HTC says it doesn't plan to give up without a fight.

"HTC disagrees with Apple's actions and will fully defend itself," HTC Corporation CEO Peter Chou said in a statement. "HTC strongly advocates intellectual property protection and will continue to respect other innovators and their technologies as we have always done, but we will continue to embrace competition through our own innovation as a healthy way for consumers to get the best mobile experience possible."

HTC cited the company's numerous firsts to market as proof of its innovation, including selling the first Windows Mobile smartphone in 2002 and the first Android smartphone in 2008. (It also lays claim to the "first gesture-based smartphone" released in June 2007, but that's also the same month that Apple released the original iPhone.) It also noted that Fast Company and MIT Technology Review has both recently named HTC as one of the top innovative companies globally.

The company is confident that its own patent portfolio will prove useful in its defense. "We've been in business since 1997 and a pioneer in the smart phone space," HTC America VP Jason Mackenzie told Forbes. "We absolutely have our share of patents."

However, Deutsche Banks analyst Chris Whitmore noted recently that Apple has amassed a much larger patent portfolio than HTC, or even Google, whose Andriod operating system is believed to be the real target of Apple's legal ire. Since 2000, Apple has been awarded over 3,000 patents, compared to Google's 316 and HTC's 58. Prior to the launch of the iPhone, HTC actually filed zero patents with USPTO. Sheer numbers don't guarantee a slam dunk for Apple, but they do certainly give Apple a much larger cache of ammunition to draw from.

Many have criticized Apple for "competition by litigation" by filing complaints against HTC, but as The New York Times recently reported, lawsuits not at all uncommon in the mobile space. Apple believes it has a right and duty to protect its own innovations, apparently just as other companies in the mobile space do. "We think competition is healthy, but competitors should create their own original technology, not steal ours," Apple CEO Steve Jobs said earlier this month.

Furthermore, Microsoft VP and deputy general counsel Horacio Gutierrez said the lawsuits are merely a sign that the modern smartphone market is still in its early stages, and that this particular lawsuit won't stifle innovation as some believe. "The smartphone market is still in a nascent state; much innovation still lies ahead in this field," he wrote in an analysis of Apple's patent litigation. "In all nascent technology markets, there is a period early where IP rights will be sorted out."

Unless Apple and HTC come to an out-of-court settlement, we could be waiting until at least 2012 to hear a decisions from either the ITC or US district court on the matter. 

Read the comments on this post

Apple both publicly and privately warned smartphone makers that it wouldn't tolerate its intellectual property being infringed upon, and the company made its first move against Taiwan-based HTC earlier this month with a federal lawsuit and a complaint to the International Trade Commission. HTC says it doesn't plan to give up without a fight.

"HTC disagrees with Apple's actions and will fully defend itself," HTC Corporation CEO Peter Chou said in a statement. "HTC strongly advocates intellectual property protection and will continue to respect other innovators and their technologies as we have always done, but we will continue to embrace competition through our own innovation as a healthy way for consumers to get the best mobile experience possible."

HTC cited the company's numerous firsts to market as proof of its innovation, including selling the first Windows Mobile smartphone in 2002 and the first Android smartphone in 2008. (It also lays claim to the "first gesture-based smartphone" released in June 2007, but that's also the same month that Apple released the original iPhone.) It also noted that Fast Company and MIT Technology Review have both recently named HTC as one of the top innovative companies globally.

The company is confident that its own patent portfolio will prove useful in its defense. "We've been in business since 1997 and a pioneer in the smart phone space," HTC America VP Jason Mackenzie told Forbes. "We absolutely have our share of patents."

However, Deutsche Banks analyst Chris Whitmore noted recently that Apple has amassed a much larger patent portfolio than HTC, or even Google, whose Andriod operating system is believed to be the real target of Apple's legal ire. Since 2000, Apple has been awarded over 3,000 patents, compared to Google's 316 and HTC's 58. Prior to the launch of the iPhone, HTC actually filed zero patents with USPTO. Sheer numbers don't guarantee a slam dunk for Apple, but they do certainly give Apple a much larger cache of ammunition to draw from.

Many have criticized Apple for "competition by litigation" by filing complaints against HTC, but as The New York Times recently reported, lawsuits are not at all uncommon in the mobile space. Apple believes it has a right and duty to protect its own innovations, apparently just as other companies in the mobile market do. "We think competition is healthy, but competitors should create their own original technology, not steal ours," Apple CEO Steve Jobs said earlier this month.

Furthermore, Microsoft VP and deputy general counsel Horacio Gutierrez said the lawsuits are merely a sign that the modern smartphone market is still in its early stages, and that this particular lawsuit won't stifle innovation as some believe. "The smartphone market is still in a nascent state; much innovation still lies ahead in this field," he wrote in an analysis of Apple's patent litigation. "In all nascent technology markets, there is a period early where IP rights will be sorted out."

Unless Apple and HTC come to an out-of-court settlement, we could be waiting until at least 2012 to hear a decision from either the ITC or US district court on the matter. 

Read the comments on this post

Do you think that RIM’s BlackBerry Slider will just be called the 9930, or will it have a name like the other models such as the Storm, Bold, Curve etc? A tidbit of information has just surfaced today, from an interview with the CEO of a RIM parts supplier (Woojeon & Handan). Apparently RIM will be launching a brand new BlackBerry “T” phone next month, which is aimed at competing with the iPhone (don’t all the phones already do this?) While it’s not entirely sure what the “T” could stand for, but speculation is that it could indicate the previously hinted codename “Talladega”. Do you have any theories that you think are possible?

Permalink: BlackBerry 'T' Slider Phone Next Month? from Ubergizmo | RSS Sponsor: Win a Fellowes Microshred Paper Shredder!

While Apple’s products are well known for being sleek and pretty, there’s nothing wrong with you coming up with a gruff docking station for your iPod, right? That’s probably what the creator of this Industrial Double iPod Dock was thinking when he came up with it. Apparently it’s made from rusty old parts from the second hand hardware store, which is rather cool. That being said, we do have to (politely) disagree with the description on the product page where it says it will make a great engagement or wedding present.

Permalink: Industrial Double iPod Dock from Ubergizmo | RSS Sponsor: Win a Fellowes Microshred Paper Shredder!

They're easily missed about the mass of Apple patent applications revealed each year, but the company has filed a few regarding projectors (pico projectors, specifically), and the latest one to be published has now offered a few more details on how they might all fit together. That application boasts the rather broad title of "projector system and methods," and basically describes a setup that would let various devices (including a laptop or phone) remotely interact with a projector, which could itself be built into a device like a phone. To do that, each device in question would be equipped with a sensor of some sort that would be able to receive data from the projector, and even allow you to do fairly advanced things like calibrate the projector remotely. The application further goes on to detail how the system could accommodate multiple clients -- letting folks overlay multiple images on a single presentation, for example -- and it would apparently be able to receive and broadcast audio between multiple clients as well. Does this mean you'll soon be able to control your pico projector-equipped iPhone from your sensor-equipped MacBook? Probably not, but it may not be quite as far fetched as some of Apple's other patent applications.

Apple patent application offers more evidence of projector plans originally appeared on Engadget on Thu, 18 Mar 2010 14:24:00 EST. Please see our terms for use of feeds.

Permalink PicoProjector-info  |  Patent Application, Patently Apple  | Email this | Comments

Since everybody in the technology world is apparently having a vacation, and nobody told me about it, we're kind of low on news. As such, this seems like the perfect opportunity to gripe about something I've always wanted to gripe about: a number of common mistakes in English writing in the comments section. I'll also throw in some tidbits about my native language, Dutch, so you can compare and contrast between the two. Read more on this exclusive OSNews article...

Filed under: Sedan, Government/Legal, Recalls, Safety, Hatchback, Toyota

Are you tired of hearing about Toyota recalls and safety concerns? If that's the case, we must regrettably inform you that there's an update to note on a previously reported issue, this one potentially affecting some 1.2 million Corolla and Matrix models from 2005, 2006 and 2007. This issue concerns a possible defect that may cause affected vehicles to stall due to a failure in the engine's electronic control unit. At this time, Reuters reports, this is not a recall, just an investigation.

The National Highway Traffic Safety Administration first began investigating the problem back in November of last year, and up to that point, the government agency had received 26 such complaints. Apparently, there's no rhyme or reason as to when the cars will stall out, and it can happen at any speed, even at a steady cruise on the highway or through an intersection.

According to a letter sent as a response to a query from NHTSA, Toyota is suggesting that this particular issue doesn't create "an unreasonable risk to motor vehicle safety," calling the problem more of an inconvenience to owners. NHTSA says Toyota even issued a bulletin back in September of 2007 to dealers outlining a fix to replace the ECU with an improved model.

For what it's worth, we'd wager that electronic gremlins are the very last thing Toyota wants the public to hear about right about now in the wake of recalling some 8.5 million vehicles so far this year, most of which were to address potential mechanical problems with the accelerator pedal and ill-fitting floor mats that can cause cases of unintended acceleration. The automaker has repeatedly ruled out electronic problems as the cause of its sudden acceleration issues.

[Source: Reuters]

Followup: Toyota considering stall fix for 1.2M Corolla and Matrix models originally appeared on Autoblog on Thu, 18 Mar 2010 14:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments

The HTC Incredible will arrive at Verizon in two weeks, according to a Wednesday leak. Sources at Verizon apparently confirmed the details to DailyTech and suggested that the upcoming Android 2.1 update for the Droid may be used as a testbed. Verizon could smooth out any conflicts between its network and the OS before the official launch of the flagship Incredible, which will also run on Android 2.1....

Joslyn James, the porn star who refuses to pay child support and specialized in double penetration anal, has apparently saved all of the texts Tiger Woods sent her. Mostly because that's what whore... [[ This is a content summary only. Visit IDontLikeYouInThatWay.com for full links, other content, and more! ]]

Since everybody in the technology world is apparently having a vacation, and nobody told me about it, we're kind of low on news. As such, this seems like the perfect opportunity to gripe about something I've always wanted to gripe about: a number of common mistakes in English writing in the comments section. I'll also throw in some tidbits about my native language, Dutch, so you can compare and contrast between the two. Read more on this exclusive OSNews article...

Documentation has apparently been leaked that indicates USB mass storage device support on Xbox 360 will be coming soon! The update will allow Xbox 360 owners to save and load data from USB devices and is supposedly due in Spring 2010. Thanks

You might remember the WowWee Rovio robot guard dog that we brought to your attention some time back. Well, if the original $230 price tag was the reason you were holding back on this mobile webcam, the fact that it’s currently being offered for $99 (plus $5 shipping) might be enough to make you reach for your wallet, no? Apparently the offer is only good for 24-hours, so you might want to think quickly.

Permalink: WowWee Rovio Now Going For $99 from Ubergizmo | RSS Sponsor: Win a Fellowes Microshred Paper Shredder!

The equality bill says any 'heartfelt' belief is a religion – yet Star Wars disciples are still being asked to de-hood

Chris Jarvis, aged 31: the force may be with you. Jarvis is the Southend Jedi knight who refused to dehood in his jobcentre and has now received an apology from the manager for the lack of respect given to his "religion or beliefs". Being a Jedi knight, though, and committed to struggling unceasingly for justice and civilisation, Chris spurns such mouthings as empty, choosing rather to endure to the final triumph, and is planning to sue for discrimination.

You may argue that the history of the galaxies would look a great deal different if Darth Vader had taken a similar course, and would certainly have been far less exciting; I thank Jarvis for showing us what happens when The Earthly Powers That Be try to fight the forces of indiscriminate discrimination with the forces of indiscriminate nondiscrimination. It was ever a planetary folly to attempt to legislate on belief in beliefs; it leads inevitably to what some have termed The Barking Side, where lie the burka bar, the Sikh bind, the cross patch, and worse.

Jarvis says: "I am a Star Wars follower. It means following the Way of the Jedi ... The main reason is I want to wear my hood up and I have got a religion which allows me to do that." Hmmm. According to reported glosses from the Equality and Human Rights Commission (EHRC) to accompany Harriet Harman's new equality bill, Jediism seems to have been excluded on the grounds that it is not "heartfelt"; other definitions include "worthy of respect" (which excludes, apparently, believers in human sacrifice). Tricky, isn't it? This, after all, by census measure, is supposedly our fourth most popular religion. I can see those who follow the way of the white wig and the black gown having no end of a tussle over that one, which would surely test even Alec Guinness, if not the entire Council of Twelve.

Thus, too, this from the EHRC: "A belief need not include faith or worship of a god or gods, but must affect how a person lives their life or perceives the world." Sports fans, Archers listeners, bankers, followers of Top Gear and Yorkshiremen: the way is clear for you, if I might mix my starships, to boldy go where no man has been before, not even Tim Nicholson, Bill Shankly or Charlie Whelan. And if I were Unite, I'd get in there first before Willie Walsh proclaims himself The Sky Pilot of the World's Favourite Faith System (Coming In on a Wing and a Prayer).

One slight hitch, though. I note the case of Daniel Jones, 23, Jedi knight of Bangor, also known as Morda Hehol, who was similarly asked to dehood by his local Tesco last September. Tesco, now the nation's leading arbiter of manners and dress code, said this: "We would ask Jedis to remove hoods. Obi-Wan Kenobi, Yoda and Luke Skywalker all went hoodless without going to the Dark Side." I would be grateful for some Jedi input on this important doctrinal point.

• Religion
• Equality and Human Rights Commission (EHRC)
• Equality
• Star Wars

Charles Nevinguardian.co.uk © Guardian News & Media Limited 2010 | Use of this content is subject to our Terms & Conditions | More Feeds

Fox & Friends perpetuated the false claim advanced on right-wing blogs that President Obama was incorrect in stating during a Fox News interview that Hawaii suffered an earthquake in 2006 -- a disaster Fox News itself reported on at the time. In a 2007 memo, a Fox News executive reportedly warned staff that "seeing an item on a website does not mean it is right. Nor does it mean it is ready for air on FNC."

Obama cites earthquake in Hawaii during Fox News interview

Obama: Medicaid fix "also affects Hawaii, which went through an earthquake." During an interview that aired during the March 17 edition of Fox News' Special Report, Obama discussed certain provisions in health care reform legislation that would affect various states and said of a proposal to adjust Medicaid reimbursement rates for states affected by natural disasters, "It also affects Hawaii, which went through an earthquake."

A magnitude 6.7 earthquake hit Hawaii on October 15, 2006. As Media Matters for America's Adam Shah noted in response to right-wing bloggers who claimed Obama was "making up" an earthquake, the U.S. Geological Survey states that Hawaii suffered a magnitude 6.7 earthquake on October 15, 2006.

Right-wing blogs: "What earthquake in Hawaii?"

Jim Hoft: "Um... What earthquake in Hawaii?" At 6:54 p.m. on March 17, right-wing blogger Jim Hoft wrote a Gateway Pundit post that stated, "Either Obama's completely making up stuff now or we all missed some horrible devastating earthquake in Hawaii." He later wrote: "In 1868 there was a major earthquake in Hawaii that killed 77 people. In 1975 an earthquake in Hawaii killed 2 people."

Breitbart.tv links to Hoft. At 10:18 p.m. on March 17, Andrew Breitbart's website Breitbart.tv linked to Hoft's post and displayed the headline, "Puzzling statement: Obama says 'Louisiana Purchase' will help with the earthquake in Hawaii."

Drudge links to Breitbart.tv post. From the Drudge Report:

Hot Air follows Hoft focusing on 1975 earthquake. At 10:20 p.m. on March 17, HotAir's Cassy Fiano embedded video from the Fox News interview and wrote: "This moment, from Bret Baier's interview on Fox News with Obama, might just be one of the biggest 'WTF?!' moments from Obama's presidency yet. Obama is either completely making things up, living in an alternate reality, or really, really confused."

Malkin links to HotAir post. At 12:15 a.m. on March 18, Fox News contributor Michelle Malkin linked to HotAir's post on the Hawaiian earthquake in her blog, posting the following passage from HotAir:

Cassy Fiano and Allahpundit intrepidly attempt to decipher:

Apparently, there was a devastating earthquake in Hawaii that we all somehow missed.

Oh, wait, no. That's right. There was no earthquake, and Obama is just totally clueless, as usual. In fact, the last earthquake in Hawaii to cause any deaths at all was in 1975, and two people died.

In any case, why is he using this argument, anyways? He's turned this health care bill into a one-size-fits-all solution for everything. Not only will it fix our health care, but it will apparently create jobs and give disaster relief around the country!

...Update (AP): ...My guess is Obama meant to say that Hawaii went through a tsunami caused by the quake in Chile and got distracted in his irritation at Baier. But who knows what goes on in his mind at this point? This is a guy who thinks universal health care is going to reduce the deficit.

Internet's earthquake falsehood spreads to Fox News

Doocy follows talking points from right-wing blogs. During the March 18 edition of Fox & Friends, co-host Steve Doocy played the quote in question from Obama's interview and responded: "Hold it. What Hawaiian earthquake? There was an earthquake in 1868 that killed 77. There was an earthquake in 1975 that killed two."

Ex-FNC VP for news Moody: "Seeing an item on a website does not mean it is right." Fox News has a documented pattern of news reports based on Internet rumors that turn out to be false. In January 2007, after Doocy retracted his false assertion that Obama "was educated in a madrassa," then-Fox News' vice president for news, John Moody, reportedly said in a memo to Fox News staff: "For the record: seeing an item on a website does not mean it is right. Nor does it mean it is ready for air on FNC. The urgent queue is our way of communicating information that is air-worthy. Please adhere to this."

Filed under: Car Buying, Convertible, Coupe, Performance, Crossover, Audi, BMW, Canada

Audi TT RS - Click above for high-res image gallery
When Audi launched the TT RS, we were initially told that the automaker had no plans to bring it to the States. And while rumors have cropped up that suggest otherwise, we still don't have the official word from Audi about whether we'll ever get the chance to experience the 335-horsepower TT. However, our friends to the north can apparently rejoice - Audi will reportedly be bringing the TT RS to Canada, albeit in very limited numbers (250 units, to be exact). It is not yet clear whether those 250 units will be in coupe or convertible form - or both.

Additionally, Monvolant reports that Canadian consumers will be able to spec a rear-wheel drive BMW X1 when the crossover goes on sale next year - a configuration that will not be available in the States. Canada is likely to only receive X1s equipped with BMW's 3.0-liter inline-six, good for around 260 horsepower.

We aren't very upset about the fact that U.S.-spec X1s will only have all-wheel drive. However, if Audi is going to tease us by bringing 250 examples of the too-hot TT to this continent, the least it could do is spec a few for U.S. (or just Autoblog) consumption. Thanks for the tip, Martin!

Gallery: Audi TT RS and Roadster

Gallery: 2011 BMW X1

[Source: Monvolant (translated)]

Report: Audi TT RS headed to Canada in limited numbers, as is rear-drive BMW X1 originally appeared on Autoblog on Thu, 18 Mar 2010 11:28:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments

O2 says better approach would be for copyright holders to devise a new business model where customers get what they want, when and where they want it, for a “fair price.”

UK ISP O2, the “leading provider of mobile phones and broadband” in that country, has condemned the approach to illegal P2P taken by law firm ACS:Law in which it’s been ending thousands of “settlement letters” to suspected file-sharers.

It prefers a “win-win” approach to the problem that involves “encouraging the development of new business models that offer customers the content they want, how they want it, for a fair price.”

Even the British Phonographic Industry (BPI), hardly an advocate of developing new business models to combat illegal file-sharing, has criticized ACS:Law, though it prefers a “three-strikes” graduated response system instead.

ACS:Law announced an initial plan to target some 15,000 alleged illegal file-sharers across the UK last December as part of a “revolutionary business model that “generates revenue for rights holders and effectively decreases copyright infringement in a measurable and sustainable way” unlike what it says are “costly and ineffective” anti-piracy measures used by other companies.

After careful review it later decided to drop a number of those cases, limiting their lawsuits only to those it deemed “viable” or “beneficial to its clients.”

Soon thereafter Which?, the largest consumer body in the UK with over 650,000 members, reported it had received letters from more than 150 people claiming to have been wrongly accused, with even more now choosing to come forward after hearing they’re not alone.

Some of the P2P lawsuits were handed over by Davenport Lyons, the law firm which in many ways pioneered the controversial strategy. It’s worth noting that two of the law firm’s partners at the time, David Gore and Brian Miller, will soon face the Solicitors Disciplinary Tribunal over complaints they engaged in “bullying” and “excessive” conduct while acting on behalf of client copyright holders.

However, ACS:Law seems immune to any criticisms.

“Neither we nor our clients threaten or bully anyone,” said Andrew Crossley of ACS: Law. “We send out letters of claim to account holders of internet connections where those internet connections have been identified as being utilized for illegal file-sharing of our clients’ copyrighted works.”

Crossley emphasized that the real crime is not overzealous lawyers, but rather the fact that his clients are losing money to illegal P2P.

“My clients are losing money because of copyright infringement and they are equally upset that their copyright is being stolen,” he said. .

That may be so, but suing people en masse will never solve the problem. Crossley, apparently unaware of the failed history of the RIAA pursuing a similar approach for almost a decade, even chastises the BPI for not doing the same.

“I think the BPI is letting its members down. I think they are scared of alienating their customers,” he said. “My clients don’t have the same fear. They take the view that the people they target aren’t their customers because they are stealing from them.”

If that’s what his clients truly believe then their sadly mistaken. How many of you have downloaded a movie and then saw it later at the theater? How many of you have downloaded and album and then purchased it to support the band?

Furthermore, potential loses are not theft. One can’t suggest that simply because a person illegally downloaded a piece of content they would have otherwise purchased it.

Stay tuned.

jared@zeropaid.com

In a brief statement, Apple has announced that one of the company’s board members, Jerome B. York, has passed away. The veteran auto-industry executive was hospitalized in serious condition after a burst brain aneurysm this morning, according to the WSJ, but he apparently died soon after.

York was chairman, president and CEO of Harwinton Capital. A former CFO of IBM and Chrysler, and former vice chairman of Tracinda, he joined Apple’s Board of Directors in 1997.

He was born in Memphis, Tennessee in 1938. He graduated from the United States Military Academy, and received an MS from the Massachusetts Institute of Technology and an MBA from the University of Michigan.

Trained as an engineer, York worked his way up through Chrysler to become CFO.

You can read more background on the man here.

Apple CEO Steve Jobs in a statement said: “It’s been a privilege to know and work with Jerry, and I’m going to miss him a lot.”

CrunchBase InformationAppleInformation provided by CrunchBase

A research team from Japan-based Mitsui Mining & Smelting and Tohoku University says it managed to develop a spreadable electrode that may lead to lower prices for LCD panels in the future. The key element of the technology are indium tin oxide particles of 5-10 nanometers in diameter (pictured) the team has created. Those particles were used to produce a special ink that was loaded in an industrial-use ink-jet printer to draw electrodes on a substrate. The researchers claim panels made this way perform nearly as well as those produced through conventional manufacturing processes. Usually, electrodes need to be installed by using vacuum equipment, which can costs dozens of millions of dollars. This new production method, however, requires a printer that costs just around $10 million. Apparently, the process also requires 20% less indium, a metal that’s widely used to make LCD panels. The research team says that as a result, prices for these panels can be pushed down significantly. It also claims that commercializing the technology for mass-production is planned for next year. Via The Nikkei [registration required, paid subscription]

HotAir.com blogger Cassy Fiano criticized President Obama for standing by a provision in the health care bill that provides funding for states that have suffered natural disasters and stated, "I just don't see how disaster relief has anything to do with health care." In fact, the funding is tied to health care because it would fix gaps in federal Medicaid payments that some states -- such as Louisiana and Hawaii -- have experienced as a result of recent disasters.

HotAir.com: "I just don't see how disaster relief has anything to do with health care"

From Fiano's March 17 HotAir.com post:

This moment, from Bret Baier's interview on Fox News with Obama, might just be one of the biggest "WTF?!" moments from Obama's presidency yet. Obama is either completely making things up, living in an alternate reality, or really, really confused.

Actually, my guess is that's it's probably a combination of all three.

OBAMA [video]: I'll give you some exceptions, though. Something that was called a special deal was for Louisiana. It was said that there were billions of dollars -- millions of dollars going to Louisiana, this was a special deal. Well, in fact, that provision, which I think should remain in, said that if a state has been affected by a natural catastrophe that has created a special health care emergency in that state, they should get help. Louisiana obviously went through Katrina, and they're still trying to deal with the enormous challenges that were faced because of that. ... That also -- well, I'm giving you an example of one that I consider important. It also affects Hawaii, which went through an earthquake. So that's not just a Louisiana provision. That is a provision that affects every state that is going through a natural catastrophe.

Apparently, there was a devastating earthquake in Hawaii that we all somehow missed.

Oh, wait, no. That's right. There was no earthquake, and Obama is just totally clueless, as usual. In fact, the last earthquake in Hawaii to cause any deaths at all was in 1975, and two people died.

In any case, why is he using this argument, anyways? He's turned this health care bill into a one-size-fits-all solution for everything. Not only will it fix our health care, but it will apparently create jobs and give disaster relief around the country!

Maybe I'm the only person who doesn't get it, but I just don't see how disaster relief has anything to do with health care. This is just more evidence that Obama is just talking out of his you-know-where now. He's become this desperate. And you know, I say good. That means we're getting to him, and now's the time to push even harder.

Health care bill provision fixes Medicaid gap caused by recent natural disasters

Funding would fix FMAP rates for "certain states recovering from a major disaster." The Senate bill as passed includes a provision -- often referred to as the "Louisiana Purchase" by conservative media -- that would adjust the Federal Medical Assistance Percentage (FMAP) rate for "certain states recovering from a major disaster." The bill requires that it only applies to states "for which, at any time during the preceding 7 fiscal years, the President has declared a major disaster" and "determined as a result of such disaster that every county or parish in the State warrant individual and public assistance or public assistance from the Federal Government."

The Department of Health and Human Services states that FMAP is "used in determining the amount of Federal matching funds for State expenditures for assistance payments for certain social services, and State medical and medical insurance expenditures. The Social Security Act requires the Secretary of Health and Human Services to calculate and publish the FMAPs each year."

Times-Picayune: Temporary post-Katrina spending "spiked" per capita income "long enough" to skew Medicaid funding formula, causing state Medicaid funding shortfall. The Times-Picayune reported on January 22 that "FMAP refers to the percentage of a state's payments under Medicaid that are covered by the federal government. Louisiana usually gets a higher match because of how poor the state is, but because of all the recovery and rebuilding money that poured in after Hurricanes Katrina and Rita, state per capita income spiked long enough to throw the formula out of kilter and threaten to blow a hole [in] the state budget. [Sen. Mary] Landrieu's fix was, according to state officials, only the beginning of a solution for a huge Medicaid shortfall the state is facing." The article stated that Landrieu said "attaching the Medicaid provision to a health-care bill made sense, and there is no obvious and feasible legislative alternative."

Jindal: "If not corrected in Washington, D.C.," FMAP problem will cost $500 million a year. Louisiana Republican Gov. Bobby Jindal's fiscal year 2010-2011 budget proposal says that the "Louisiana state government faces significant, multi-year budget challenges, compounded by a faulty federal FMAP formula that, if not corrected in Washington, D.C., will cost the state approximately $500 million a year in Medicaid funding, impacting services for the poorest in our state, and often those who need care the most." The proposal also says that "[w]hile there is discussion in Washington about extending the enhanced federal Medicaid match rate for six months for all states, without a permanent fix to Louisiana's faulty FMAP calculation, combined with the loss of federal stimulus funding, Louisiana will still face a projected $1.7 billion shortfall for FY 12."

HotAir post oblivious to 2006 Hawaii earthquake

Hawaii was declared a disaster area following earthquake. During the Fox News interview cited by HotAir, Obama stated that Hawaii could benefit from the health care bill provision that helps Louisiana deal with the FMAP problem. The HotAir post responded: "Apparently, there was a devastating earthquake in Hawaii that we all somehow missed. Oh, wait, no. That's right. There was no earthquake, and Obama is just totally clueless, as usual." In fact, a magnitude 6.7 earthquake hit Hawaii on October 15, 2006, as Media Matters for America noted. At the time, President Bush "declared a major disaster exists in the State of Hawaii and ordered Federal aid to supplement State and local recovery efforts in the area struck by an earthquake." USA Today also reported that Hawaii Gov. Linda Lingle also issued a disaster declaration for the state, after reports of damaged buildings, landslides, and power outages.

Times-Picayune: Hawaii might also be eligible for aid under health care reform. The Times-Picayune reported on February 23 that the provision "was intended as a one-time, partial fix for a sharp drop in federal Medicaid money coming to the state because of a temporary surge in per capita income in Louisiana as recovery dollars flooded into the state in the wake of Katrina and Rita." The article noted that Hawaii could also be eligible for aid under the Senate health care reform bill:

In order to qualify, a state would have to face an FMAP decline of a magnitude that would only include at this time three states: Louisiana, North Dakota and Hawaii. The legislation also requires the state be one that experienced a major disaster in the past seven years in which every county or parish in the state was eligible for FEMA public assistance. That would eliminate North Dakota, leaving only Louisiana and Hawaii, where all four of its counties were eligible for aid after the 2006 earthquake.

Hawaii officials reportedly pursuing FMAP funding. A March 11 Times-Picayune article quoted a Hawaii Department of Human Services spokeswoman as saying they are "optimistic we will find a way to get the FMAP provision," amid some confusion over whether Hawaii will ultimately qualify for the fix.

The brain does not predict the unpredictable: The sight of bars apparently moving from bottom left to top right (dotted line) evokes activity in the primary visual cortex (V1). It turns out that there is a striking similarity between how the human brain determines what is going on in the outside world and the job of [...]

This post is supposed to make it clear why Kubuntu is what it is. Writing this down is necessary because people constantly get the wrong picture.

Entities

Let me start to explain the relationships of entities around Ubuntu.

First and foremost there is the Ubuntu project, it is this large monster that includes Ubuntu Desktop, Ubuntu Server, Kubuntu, Xubuntu, Edubuntu and some other stuff. One could think of the Ubuntu project as an umbrella spanning across most (semi-)official activities surrounding Ubuntu. Packaging KDE software would be such an activity, so even as Kubuntu developer you are contributor to Ubuntu at large.

This relation is even publicly visible.

At Kubuntu we have a special membership status for people who have proved themselves valuable contributors to Kubuntu. With such a membership you get an @kubuntu.org email address and some other cool things. It might not be all that apparent, but this membership reflects the relationship between Kubuntu and Ubuntu. Once someone becomes Kubuntu member they also become Ubuntu member (technically speaking are Kubuntu members a subset of Ubuntu members). This is because a Kubuntu contributor is in the end also a contributor to Ubuntu (the project, not the distribution necessarily).

Now we know that Ubuntu is one big entity that consists of other entities (like Kubuntu), but at the same time Ubuntu is also the name of the GNOME featuring desktop distribution produced by Ubuntu the project.

Up until now I was talking about Ubuntu as a project, and simply put, this project is community driven. Sure, Kubuntu and Ubuntu have people working on them full time, but there are hundreds or possibly thousands of others, spending their spare time on contributing to Ubuntu. And here the whole thing gets a bit tricky to understand.

Kubuntu is by 5/1 controlled by the community, Ubuntu (the desktop distribution) is not. You might wonder how I ended up with 5/1. Well, the Kubuntu Council (pretty much in all cases the highest authority within Kubuntu) consists of 6 members, of which 5 are not working for Canonical.

Canonical, yet another entity. Canonical is a company trying to make money with Ubuntu products. Canonical is also the company that makes Ubuntu, the project, possible. Of course we easily forget about this, but without Canonical there were no *buntu websites, no launchpad, in consequence of that there would be no build daemon, no daily CD builds of consistent manner… in general there probably would not even be the computational infrastructure to run all those things. So just the infrastructural expenses (including maintenance etc.) must be of a quite considerable amount. Now I was not completely honest with you. Canonical is not only trying to make money with Ubuntu products, in fact Canonical is driving development of most of these products (to a certain degree at the very least).

So the Ubuntu project is driven by the community AND Canonical. Some parts more by the community, and others more by Canonical. As it usually works, this means that the community can focus on the fun parts while Canonical fills the gaps of the other work that needs to be done in a distribution creating project. And this is a good thing for the better part. Most of these free contributors are doing it because it is fun or because they want to achieve a personal target (say, make a system that boots within 2 seconds), but usually not all work of the distribution creation process is fun. I suppose it goes without saying that less people would contribute if they had to spend a substantial amount of their time on rather complex and boring stuff. Yet someone needs to do it, why not someone who gets paid for it?

Of course that is a much simplified picture, but the point I am trying to make is that there is a symbiosis of the activities within the Ubuntu project.

Power and responsibility

"With great power must also come great responsibility!" is it written in the first Spider-Man story. Very true words those are, in the context of Ubuntu too. Those who have the power to stir development, must also be responsible if the direction was wrong. And I would even go as far as saying that those that are responsible must deserve the power to stir development.

What does this mean for the Ubuntu project?

Canonical chose GNOME as their preferred desktop and Debian as their preferred distribution, so they made a new distribution based on those 2 existing software stacks. Canonical sells support contracts, in fact Canonical tries to only live off those and some associated activities within or around the Ubuntu universe. So to their customers and partners they are ultimately responsible for when something goes wrong in the product. So lets assume the product is Ubuntu, the distribution, and the wrongness is that GNOME is completely broken. The customer will not go complain to the community, even though they are to a certain degree contributing to the product. The customer will go complain to the one they got a contract with, which would then be Canonical. So Canonical is responsible and thus must at least have as much power to avoid situations where they would loose substantial amount of money due to problems in the product. What I am trying to say is not that Canonical does or must have absolute control over Ubuntu, the distribution or the project, but the amount of control that is necessary to secure their business and in consequence secure the future of Ubuntu as a whole.

The picture for Kubuntu is different. Kubuntu originated in a community effort to bring the KDE desktop on the Ubuntu base stack. Canonical decided to use GNOME for their desktop and some community members decided to create another version with KDE as the desktop. Canonical apparently thought of this as a good idea and incorporated Kubuntu into the Ubuntu project, thus providing infrastructure for package building and hosting and website hosting and CD building… But they only had little interest of exploiting the business potential that comes with a KDE featuring desktop based on Ubuntu, though there certainly was some potential and so they decided to take on a bit of responsibility. Namely employing one of Kubuntu’s founding fathers full time. The community however continued to be driving in just about any aspect, and so the community also had most power over the course of development, simply because they were responsible for the product and the development of the product.

Kubuntu is not Ubuntu

This statement might seem incredibly obvious, and yet once in a while someone does not exactly understand on how many levels this applies.
Sure, on a technical level Kubuntu is not Ubuntu because it uses KDE, then again it uses the Ubuntu base stack… But more important than that are some other applications of the above statement. Kubuntu is not a large project like the Ubuntu project, it is part of the Ubuntu project and thus must obey its rules and regulations to some degree. This for example means that we cannot just stick some random non-free software on our CDs. It also means that Kubuntu is not the brand Canonical chose, but Ubuntu is, that is why the project is called Ubuntu and the distribution is called Ubuntu and associated products are somehow related to Ubuntu, possibly even reusing the brand (e.g. Ubuntu One).
Another important difference is that most changes in Kubuntu do not come from Canonical. They either originate in KDE or within the Kubuntu development community (and of that also only 2 people work for Canonical … go figure). One of the most interesting examples of wrong assumptions in this category, affecting me, was that apparently the Mozilla Firefox installer, that is available in Kubuntu 9.10 and later, was created by Canonical. At least various reviews claimed so, well, indeed it was me who created it, and I am not employee of Canonical, nor does Canonical own the code.
In general one might say that stuff going on in Kubuntu mostly does not have anything to do with Canonical, and if it does, then it is still approved or tolerated by the community.

Taking up on my above statement that those that have power must be responsible and those responsible must have power I’d like to make the following clear: the Kubuntu community has the most power and the most responsibility. Holding Canonical responsible for issues in Kubuntu, of which there are many, as within any software project, is just wrong. Because even if there was wrong doing on their part, the community still did not do anything about it.

Implications

Aforementioned statement also implies some things. First and foremost is that Kubuntu doesn’t need to receive the same attention from Canonical as Ubuntu, the distribution, gets. There is no particular point to it either. Not from Kubuntu’s perspective and neither from Canonical’s.

From a business point of view, Canonical would have to invest enough resources to make Kubuntu a viable business opportunity, that then directly competes with their other system, Ubuntu, which is the main brand carrier though. So that would be a bit of a problem, since from a perception point of view, Kubuntu is a different brand than Ubuntu (even though it might be associated, one way or another). Of course this is not exactly good for either brand because they then end up sharing volume of public attention instead of specifically trying to direct it at one particular brand.
At the same time this would mean that Canonical becomes more responsible (and thus needs more power, see above). So ultimately this would make Kubuntu less of a community effort and more of a Canonical one (to about the same degree as it is now with Ubuntu one can suppose). This then would lead to Kubuntu becoming much more derived from upstream KDE, because obviously a company would want to distinguish their product by all means from its competitors, and that involves heavy branding, special features etc.

Conclusion

So since Canonical does currently not exploit all business potential coming from Kubuntu, the community will probably be responsible for quite some time to come.

This ultimately means that the community will apply the rules and judgment of which they think it is the best available. Since the community is mostly consisting of people contributing in their spare time human time resource is rather limited and thus one must choose the battles carefully. In consequence this means that some things simply cannot be done. Like say Ubuntu One integration, of course it would be nice to have, but currently there are much more important things to work on. Same goes for porting Software Center. Finally it also means that the community gets to decide how much branding gets committed, and currently the opinion is to stick with KDE’s. Not only is their artwork of incredibly high quality, but also are they the biggest contributors to the Kubuntu desktop, so they deserve most credit.

On that last note I would also like to note that Kubuntu’s target was to make the best KDE distribution, not the best Ubuntu flavor, thus deriving from KDE’s artwork and color scheme would not only be in conflict with the fact that Kubuntu’s color palette is almost identical, but also with what Kubuntu is trying to achieve.

In short: Kubuntu is not Ubuntu. Occasionally blogs and news stories and bug reports assume Canonical is responsible for things they are not. In general, me and the other Kubuntu developers are responsible for Kubuntu, please keep this in mind when moaning or praising us.

Thank you.

Garrett Fox writes "University of Cincinnati researchers describe a method of getting photosynthesis from a high-surface-area foam containing enzymes that produce sugar using light and CO2 (abstract). Oddly, the foam itself is derived from a species of frog. More interesting is that the technique doesn't use whole cells or apparently even chloroplasts. The researchers claim 'chemical conversion efficiencies approaching 96%,' as well as tolerance for deliberately high-CO2 environments."

Read more of this story at Slashdot.