Surgeons say the recession has cut demand in America for cosmetic procedures that are not covered by health insurance

Americans appear to be finally falling out of love with cosmetic surgery after a new report revealed that the number of operations dropped by 18% last year.

The new reluctance to have a facelift, a tummy tuck or a breast enlargement marks a dramatic turn away from procedures that a few years ago seemed almost commonplace.

Figures collated by the American Society for Aesthetic Plastic Surgery show that 1.9m operations took place last year, down from 2.1m in 2005. One big factor cited by many plastic surgeons is the recession. The biggest downturn since the Great Depression has hit many high-end consumer industries; plastic surgery certainly qualifies as a luxury commodity for many Americans. Purely cosmetic operations, such as nose-shaping or breast enlargements, often cost thousands of dollars and are not usually covered by health insurance.

"I believe one can credit the downturn of the economy for the decline in surgical procedures that obviously are more costly than non-surgical procedures," said Dr Elliot Jacobs, a leading New York plastic surgeon whose private surgery is on Park Avenue.

But some say there could be something in the zeitgeist, too. Over the past decade, plastic surgery saw a massive boom. Something previously seen as the province of Hollywood royalty and the very rich trickled down to the merely wealthy and then the middle class. It became the subject of numerous TV shows, such as Nip/Tuck, which followed the antics of a pair of Miami plastic surgeons and famously opened its first episode in 2003 with the controversial line: "Tell me what you don't like about yourself."

It was not just soap opera that fell under the surgeons' spell: reality TV shows got in on the act, too. Programmes such as Extreme Makeover and The Swan gave ordinary people a chance of free operations to improve their appearance. The shows were not without controversy, especially The Swan, whose premise was to transform a contestant into a more beautiful person physically. However, both shows have been cancelled, and this year Nip/Tuck also broadcast its last episode.

Nor are celebrities immune from criticism about the plastic surgery they have undergone. Many stars receive frequent sniping in gossip columns for having operations deemed too obvious.

Recently reality-TV star Heidi Montag was on the end of an avalanche of criticism – even from her husband – after she revealed she had had 10 plastic surgery procedures in one year.

Dr Michael Hall, a plastic surgeon in Miami Beach, said that an age of excess in the industry had come to an end, mirroring wider society. "When it comes to plastic surgery, people are now using more common sense. They don't want radical procedures," he said.

But while full-on surgical operations might be falling, the number of non-surgical cosmetic procedures is steady or rising. Many plastic surgeons say there has merely been a shift in taste and treatment. Non-surgical operations, such as Botox, lip injections or lasering, are cheaper and becoming more effective. "Women are looking for non-invasive procedures," said Hall.

There are other changes, too, reflecting both cultural and economic trends. Dr Richard Baxter, a plastic surgeon in Washington state, noticed a marked decrease in the size of breast implants as the economy started to go downhill. Before the recession, fewer than a third of Baxter's clients chose a B cup implant; now about half pick a B. "People have turned to more natural-looking things," he said.

The question concerning the industry now is what the longer-term trend will be. Some predict a permanent shift, while others say there are already signs of a renewed up-tick. One thing most doctors agree on, though, is that there is still no shortage of demand for changing one's body, just a change in preferred methods. "Has the plastic surgery bubble burst? I doubt it. As long as a woman or a man has a mirror available, there will be a continued interest in plastic surgery," said Jacobs. Hall put it another way, pointing out that some human emotions and desires are both recession-proof and fashion-proof: "There is no lack of vanity. There is just a little more hesitation."

• Plastic surgery
• US healthcare
• United States

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

TV historian Niall Ferguson says that teaching should focus on chronology and the ascent of Europe

A leading British historian has called for a Jamie Oliver-style campaign to purge schools of what he calls "junk history".

Niall Ferguson, who teaches at Harvard and presented a Channel 4 series on the world's financial history, has launched a polemical attack on the subject's "decline in British schools", arguing that the discipline is badly taught and undervalued. He says standards are at an all-time low in the classroom and the subject should be compulsory at GCSE.

Ferguson makes the comments in an essay to be released this week. It begins: "History matters. Many schoolchildren doubt this. But they are wrong, and they need to be persuaded they are wrong."

He points to the popularity of TV series and books by celebrity historians such as Simon Schama, David Starkey, Peter Snow and Andrew Marr. "History, it might be said, has never been more popular. Yet there is a painful paradox. At the very same time, it has never been less popular in British schools," writes Ferguson.

History is compulsory up to the age of 14 but not to 16 in Britain, in contrast to most other European countries. In 2009, 220,000 candidates sat GCSE history in England and Wales – fewer than the number taking design and technology. At A-level the subject lags behind psychology.

"Numbers, however, fail to tell the true story of history's decline in British schools. When you consider the content of what is taught to teenagers, you begin to realise that the really surprising thing is how many, not how few, volunteer for the experience of studying the subject," says Ferguson.

He argues that there is far too much emphasis on teaching pupils about Nazi Germany (studied by half of those at GCSE and eight out of 10 at A-level) and complains that pupils are asked to choose "a smorgasbord of unrelated topics". The form of selection, he adds, "explains why, when I asked them recently, all three of my children had heard of the Reverend Martin Luther King, but none could tell me anything about Martin Luther."

Instead, Ferguson says history should have a "mandatory chronological framework" throughout secondary school and on to A-level. He also calls for more emphasis on western ascendancy, not in "an attempt to turn the clock back" but because understanding why the world became more Eurocentric after 1500 is the "modern historian's biggest challenge". He suggests a focus on why the scientific revolution did not take place outside Europe and how democracy emerged first in the west.

"We have recently witnessed a successful campaign to improve the quality of food served for lunch in British schools. It is time for an equivalent campaign against junk history," concludes Ferguson, whose argument will be published next month in Liberating Learning: Widening Participation, a collection of essays in which teachers, historians, philosophers and businessmen argue education has been impoverished by a narrow curriculum. It has been edited by Patrick Derham, the head of Rugby school, and Michael Worton, vice-provost at University College London.

Professor Colin Jones, president of the Royal Historical Society, said he applauded some of Ferguson's ideas, such as teaching history in longer, chronological blocks. But Ferguson's language was condescending and the argument ideological, he added.

"To change things we should work with teachers and other bodies and not just dismiss what is going on as 'junk history'. It is demeaning, unpleasant and untrue," said Jones, who warned against Ferguson's emphasis on western ascendancy.

"It is more ideological than he claims and the danger is it will be taught in a way in which the answer is known in advance and it is 'west is best'."

A spokesman for the Department for Children, Schools and Families said that suggestions to cut the amount of teaching on the world wars had always been opposed. "History is compulsory until 14 and remains one of the most popular subjects at GCSE and A-level," he said. "The new secondary curriculum, which started in September 2008, is clear that teaching must give children a chronological understanding of history using precise dates. Children must study a wide range of areas, including the development of British political power from the middle ages to the 20th century."

• History and history of art
• Teaching
• Schools
• GCSEs

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

Attention baseball fans, the date that is no doubt etched in your brain — the start of the 2010 Major League Baseball Season — is fast approaching. To get you ready for April 4 (when the Boston Red Sox will take on the reigning World Series champion New York Yankees at Fenway Park) we’re pitching you five handpicked iPhone apps that will hit a home run with baseball fans.

If you are partial to America’s national sport — and let’s face it, it’s almost unpatriotic not to be — then these apps are an absolute must for your iPhone or iPod touch. However, in case we’ve struck out and missed any of your faves, then do let us know in the comments below.

1. MLB at Bat 2010

Although criticized for its $15 price tag, MLB’s official iPhone app is a great all-rounder for fans, and an even better option for fans that have a paid-up for MLB.TV because, with portable access to your MLB.TV account, you can watch live streaming games on the go. As with last season’s offering, anyone can use the app to listen live to games, as well as get a virtual idea of what’s happening at the park with MLB’s blow-by-blow Gameday updates.

The app also offers scores and stats, as well as some in-game highlights and a video library that’s searchable by both player and team. If you really can’t stretch to that $15, then a free “lite” version (MLB.com At Bat Lite) offers real-time MLB scores, schedules, news and standings — but no audio or video — that will keep you informed through to the end of 2010 World Series.

Cost: $14.99

2. FanGraphs Baseball

If you’re the type of fan that can rattle off ground ball to fly ball ratios and stolen base percentages like Rain Man reciting phone numbers, then quite simply you will love this app. Claiming to offer the most detailed player statistics available on an iPhone app, FanGraphs will let you look back and analyze every major player in baseball history, as well as look forward with live win probability graphs based on game data for the 2010 season.

Favorite players can be tracked with full, live box scores that link through to past stats, every play can be analyzed to see how it impacts the game, and there’s even up-to-date advanced fielding metrics via FanGraph’s “Ultimate Zone Ratings.”

Cost: $2.99

3. Ballpark Envi

It could be argued that the stadium is as much a character in baseball as the opposing teams or the crowd. A celebration of the nation’s ballparks is offered in one neat little app — Ballpark Envi — spanning baseball’s geography as well as its history from Shibe Park to the new Yankee Stadium. Browsable by team, or by American and National League, every current Major League baseball stadium is detailed with stadium pics and slide shows, seating charts (super useful for booking tickets) as well as the ability to see the park’s location on a map.

Whether you want to glimpse Dodger Stadium’s wavy roofs on the outfield pavilions or the orange foul poles of the Mets’ new Citi Field this app will give you an insider glimpse of America’s amazing ballparks with all their quirks and characteristics.

Cost: $0.99

4. iScore Baseball Scorekeeper

If you consider a baseball scorebook will set you back $5 at the absolute minimum (and more if you buy it at the park) then the $10 price tag for this app does not seem quite so steep. There are a dearth of 99 cent alternatives available in the App Store, but for looks and an intuitive interface (the app works on an “interview” premise asking you for all the data it needs to build a complete picture of the game) the iScore Baseball Scorekeeper is the champ.

As well as appealing to those hardcore fans that like to sit and score every game, this is also a good option for those new to baseball scorekeeping – you don’t have to learn all the abbreviations and symbols and iScore offers a full set of tutorial videos to get you using the app like a pro.

Cost: $9.99

5. Baseball FanMisery.com Index Apps

If you want to keep your favorite Major League Baseball team in your pocket then FanMisery.com offers an Index App for each and every MLB team. Working on the basis that being a fan is in fact misery (the agony of defeat and all that jazz) the apps make sure you are kept as absolutely up-to-date as possible with a comprehensive set of stats, opinions and news drawn from national and local papers, broadcast media and blogs.

One nice touch is that if a blog or news source you follow isn’t currently included in the indexing, the developer (Discover Motion) will add it in for you on request — just the kind of helpful option that warms the cockles of an iPhone owner’s heart.

Cost: $2.99 each

More iPhone resources from Mashable:

- 10 Essential iPhone Apps for Runners
- 10 Best iPhone Apps for Dog Lovers
- Top 10 iPhone Apps as Judged by Mashable Readers
- 10 Fun iPhone Apps for Beer Lovers
- Mashable’s New iPhone App: Download Today!

Image courtesy of iStockphoto, spxChrome

Tags: Baseball, iphone, iphone apps, Lists, sports

France 12-10 England

France duly won the grand slam, but not in the manner to which their supporters had become accustomed. It was England, gallant in defeat, who showed the ambition and enterprise with Ben Foden and Chris Ashton damning the national management for not being bolder sooner, but once again they were outsmarted. A rainy night in Paris was not the time to discover that handling was not taboo in rugby.

England scored the only try and came close to adding three more while France barely threatened their line, but the conditions demanded a territory game, something England belatedly came to realise and they brought on Jonny Wilkinson for the shoot-out. He kicked one penalty but was never in range for a drop goal as France claimed their fourth consecutive title in seasons after a Lions tour.

France had already won the championship courtesy of Scotland's victory in Ireland a few hours before, but they had made it clear all week that the title would be a mere consolation and that it was the grand slam and England's scalp they craved.

They were presented with two early opportunities to attack after Dylan Hartley's crooked throw into a line-out in his own 22 led to France being awarded a free-kick at the subsequent scrum. They took it quickly but settled for the very English option of a drop goal from the fly-half François Trinh-Duc.

England then decided to play like France. Toby Flood launched his back line from deep and Mike Tindall freed Mark Cueto with a long pass. The ball was quickly recycled, Flood threw a cut-out pass to Flutey who gave the ball in one movement to the debutant, Chris Ashton. He in turn shipped it quickly to Ben Foden on the left wing who had an unopposed 30-metre run to the line for Flood to convert, an example of how to create space without making a break.

The last time England had shown any swagger was when Flood played in the centre against Wales, and then only off turnover ball. Not even the rain put them off last night, Ashton twice breaking tackles only for his kick to be charged down by Clément Poitrenaud before England surrendered possession at the breakdown.

England's catharsis left France stunned to the point of catatonia. Flood went on a mazy run just outside his own 22 and it was Les Bleus who were applying the brakes, Trinh-Duc's long touchfinder winning applause from the crowd before Morgan Parra missed a long-range penalty.

England were missing Steve Borthwick in the line-out, even if their general demeanour more resembled that of his successor as captain, Lewis Moody. Simon Shaw's right shoulder gave out again after 15 minutes and he was replaced by the Stade Français lock Tom Palmer, one of five France-based players in the squad.

England's scrum started to go backwards, missing Shaw's ballast, and the role reversal continued as France, growing ever more cautious, crept back into the lead with two Parra penalties, the second after England's's front row collapsed a scrum after being shoved ignominiously backwards. The referee taking such a disdainful view of England's scrummaging was Bryce Lawrence, the New Zealand official who contentiously blew Phil Vickery off King's Park during the first Test between the Lions and South Africa last year.

The rain fell ever harder but still England looked to keep the ball in hand. It was, perhaps, another example of the one-dimensional approach that has been their ruin since the 2003 World Cup, over-reliance on a gameplan. Too much of the match was being played in their half and two more penalties for scrum collapses gave France the position from which Parra kicked his third penalty.

Both England's props were feeling the squeeze and the hooker Hartley had been warned after his knee connected with the prop Thomas Domingo's ribs. It was one way of trying to sort out the problems in the scrum, but England conceded 10 penalties and free-kicks to two in the opening period, indiscipline undermining their new-found ambition and they went into the interval 12-7 down.

England made two changes in the front row at the start of the second-half, Steve Thompson and David Wilson adding bulk up front and getting the scrum out of reverse gear. England continued to seek space but they were most threatening when turning the defence by kicking: Care's chip to the line would have been taken by Foden had it not bounced into touch, while Ashton, a right-footer playing on the left wing while Cueto was a left-footer playing on the right, lost the race for his chip ahead with Poitrenaud.

England had clearly been told to play more in their own half, but kicking is not Flood's forte. He was hopelessly short with a long-range drop goal attempt and sliced a weighted kick towards the France 22 directly into touch. The visitors had at least stopped haemorrhaging penalties and their defence, apart from one move that saw the wing Marc Andreu threaten down the right, did not suffer from doubt.

Foden and Ashton, in contrast, were causing the defenders grief with their angles of running and footwork, but England were not turning pressure into points. Cueto's run into the midfield was not picked up and he had a clear run into the home 22: Flutey was outside him, but Cueto tried to step Poitrenaud and was nailed.

As the game entered the final quarter, France's nemesis over the years, Wilkinson, was brought on. He went to outside-half with Flood shifted into the centre in place of Flutey. It was now about points and when Julien Bonnaire boneheadedly took out Care at a ruck near halfway, Wilkinson brought England back to within two points with a 50-metre penalty.

England were now within a drop goal of winning. France had been 9-8 ahead in the last five minutes of the 2007 semi-final against England at the Stade de France when a Wilkinson penalty and drop goal turned the game. The crowd tried desperately to rally their side as Les Bleus looked to set up camp in England's half, but nerves and hands betrayed the new champions.

Wilkinson kicked deep, hurting his shoulder after leading the chase, and France four times ran from deep. Bonnaire blatantly entered one ruck from the side but was not penalised, though after Julien Malzieu had been hauled down on his own 10-metre line, James Haskell, not long on, flopped over the top.

France gave away a penalty of their own through Jean-Baptiste Poux. Wilkinson's kick only made the halfway line as the countdown clock reached zero. England were forced to move the ball, but Cueto's knock-on ended the game to the relief of France and the anger of the England manager, Martin Johnson, who came on to the field to remonstrate with the officials over a quick line-out four minutes from the end, which saw Wilkinson gain 60 metres, but that was not the reason England lost.

• Six Nations rugby
• France rugby union team
• England rugby union team
• Rugby union

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

Justin Bieber remains an immutable force of Twitter trend power, taking the top slot again for the third week in a row. Tweeters also showed their love (and/or disdain) for a number of other pop singers, and celebrated a few holidays this past week.

Thanks to our friends at What The Trend, we have yet another interesting stats-eye-view of the Twitterverse. Because this is a topical list, hashtag memes and games have been omitted from the chart below.

Beyond Justin Bieber, Follow Friday, and Music Monday — the reigning trend champs — St. Patrick’s Day made an appearance as people tweeted their revelry, and Lady Gaga crept up on the list with the premiere of her new video on Vevo and a tour in New Zealand.

The Jonas Brothers hung tight near the middle, while circle enthusiasts everywhere tweeted vigorously about Pi Day on March 14th, spurred on no doubt by the charming Google doodle that commemorated the occasion.

If you own a TV or computer, you probably know that March Madness is upon us, and bracket-related tweets have been flying around the web all week, landing the term at number seven.

Rounding out the chart are two more singers who made some news this week. Demi Lovato, the 17 year old actress/singer, stirred some buzz with her admission that she’s dating a Jonas Brother, and Chris Brown, the career-stunted R&B singer, reached out to his fans on the web for some help on making a comeback.

Strangely, tweets about the ongoing South By Southwest (SXSW) conference — one of the most talked about topics in tech and a favorite of the Twitter community — did not reach critical mass to make this week’s list. This is likely due to the lack of big announcements or product launches from the conference this year.

You can check past Twitter trends in our Top Twitter Topics section as well as read more about this past week’s trends on What The Trend.

Top Twitter Trends This Week 3/13 – 3/19
RankTopicTop Index This WeekChangeDescription#1Justin Bieber1Justin Bieber’s new album My World 2.0 comes out on March 23rd & his fans are excited. He also appeared on Z100.com, QVC, and GMTV in the UK.#2Follow Friday1Follow Friday is a tradition where people tweet people they believe are fun/interesting to follow (on Fridays).#3St. Patrick’s Day2NEWPeople are tweeting "Happy St. Patrick’s Day" and showing their Irish spirit.#4Lady GaGa22Lady GaGa is currently touring in New Zealand.#5Music Monday2Music Monday is a tradition where users recommend music they appreciate every Monday.#6Jonas Brothers7Mentions of the Jonas Brothers.#7March Madness1The National Collegiate Athletic Association’s Division 1 Men’s Basketball tournament started this week.#8Happy Pi Day2NEWMarch 14th is Happy Pi Day! Pi is, roughly, 3.14. And today is 3/14. And March 14 is also the birthday of Albert Einstein#9Demi Lovato3March 13 2010, "Jemi" is confirmed. Demi Lovato admitted to dating Joe Jonas in an interview by Billy Bush. Many people are tweeting their opinions about this new couple. Joe Jonas and Demi also recently released a new song, "Make a Wave."#10Chris Brown1NEWSinger Chris Brown asked his fans to help revive his
career. They have been obliging with a variety of trends.

Tags: justin bieber, Top Twitter Topics, trends, twitter, twitter trends, What The Trend

Not everybody wants to smile at the camera, but if you’re the type of person who likes to capture a smile on a person’s face, then the Artificial Smile camera is what you’re looking for. Designed by two designers from the University of the Arts, Berlin, the camera would recognize frowns and replace them with an artificial smile, making it look like the person is actually smiling. Of course, if your eyes are blazing with anger or something, we doubt that the camera can do much for that, but as they say “for everything else, there’s Photoshop”, right?

Permalink: Artificial Smile Camera Gives You A Smile from Ubergizmo | RSS Sponsor: Win a Fellowes Microshred Paper Shredder!

In the world of technology, drama is a valuable commodity. Disruptive change may happen in the minutiae of software code or the gradual execution of a business plan, but we see its effects in the dramatic narratives of companies rising and falling, or getting locked in combat with each other. Which is why the rivalry between Google and Apple is such a compelling story.

It’s so tempting to get drawn into the ego battles between Steve Jobs and the Google triumvirate while placing bets on who will win that it’s easy to forget a deeper truth about this rivalry: Google and Apple need each other.

They both have a deep desire to stake out claims on the mobile web, but the mobile web is in a nascent stage. In order to develop, it needs to have both rigid structure and a sometimes reckless creativity. Structure is necessary to provide a strong foundation and a set of standards everyone can understand. And creativity is essential to bringing the innovative potential of the mobile web into full bloom.

This dichotomy was present when the Internet began to develop in the early 90s. Many people who came online then did so through America Online’s walled gardens, a safe little enclave where consumers and content providers alike could create the rules of a new medium. Then the web itself took off and sites like Yahoo and GeoCities offered a much more creative environment to explore what else could be done.

Now it’s happening again, only with Apple and Google. Apple’s stern and unforgiving approach to the iPhone offers the structure this new medium needs to succeed. Cupertino’s control-freak tendencies stretch from enforcing adherence to ever-changing app guidelines to banishing plastic screen protectors from its retail stores.

Google’s approach is nearly the opposite, much more open and free-wheeling. Its Android OS, based on the Linux kernel, has so many versions available the company is struggling to consolidate them. The Android Market is such an unregulated affair that it’s hard for anyone to count the number of apps on sale.

Google’s culture has built into it a tolerance for the failures that come with creative experiments. Its 70-20-10 rule seems rooted on that spirit of tolerance — how many companies require employees to spend time on something that may never fly? — and Google has floated so many failed ideas it’s hard to keep track of them all. Apple, by contrast, starts with an instinctive idea of how consumers will experience its products and fits everything, even the ecosystem of apps that extends beyond its corporate walls, into making it work.

It’s in the tension between these two companies and their respective cultures that the mobile web is being forged. But as America Online found out, the walls eventually come down as consumers grow more comfortable with the new medium and desert the walled garden. That would suggest the balance will tip in favor of Google.

But I would be surprised if Apple isn’t anticipating this evolution. Right now, iPhone owners are experiencing the mobile web through the 150,000 or so apps it offers through the App Store. But Apple has also backed HTML5, which allows a smartphone browser to have rich app-like features without requiring any new software to be downloaded. Just as people stopped downloading AOL’s software and switched to browsers, we may well abandon most of the apps on our phones today.

Both companies will continue to play a major role on the mobile web, but I doubt either will ever gain the upper hand. This dramatic tension between Apple and Google may be around for a long time. So executives at both might as well get used to it.

Image courtesy of Wikimedia Commons.

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Review The PS3 Slim sees Sony hoping to invigorate sales of the Playstation 3 with a lighter and much less expensive model. No doubt the company views this as a chance to redeem the brand before it starts to look like a fat old aunt in the console war. For this redemption to take place we would need to see some serious new features go into the rebirth of this gaming console....

This save game [user mode] exploit you’re about to watch is as real as it gets… I’ve been fortunate enough to try a few different exploits and I can tell you they’re no doubt legit. None however, as far as I know, have led to kernel mode access, which means no chance for [...]

There have been plenty of efforts to try to curb "cyberbullying," often through laws that try to make it illegal to be a jerk. Unfortunately, the concept of cyberbullying is so vague that this creates tremendous problems and unintended consequences. And, on the whole, it seemed unlikely that any such law could withstand First Amendment scrutiny. However, it appears that the First Amendment isn't always the First Amendment we thought it was.

A California appeals court has ruled that cyberbullying threats are not protected free speech. Now, you can understand why people might like this conceptually. No one likes a bully. But making it against the law to bully is incredibly risky, and almost certainly leads to a very different kind of bullying.

In this particular case, a kid set up a website about himself, and his fellow students posted comments mocking him. It was cruel, though you would think that the simple response would be to take down those comments. Instead, the family went to the police -- who said that the comments "did not meet the criteria for criminal prosecution and were protected speech." The family followed by suing six students and their parents for hate crimes, defamation and intentional infliction of emotional distress.

Now, there's no doubt at all that the comments were over the line and incredibly mean. However, it looks like there was a perfectly reasonable process outside of the courts to handle this. Apparently, the father of one kid who made some of the worst comments made his son apologize, grounded him and took away his internet access. It seems that wasn't enough. Those who were sued filed an anti-SLAPP motion under California's anti-SLAPP law (one of the strongest in the country), but the judges said that the text was not protected free speech and thus did not fall under the anti-SLAPP provisions. One of the kids, while admitting his own conduct was over the line, said he was just joking around, and trying to top others in responding to the website. The judges, clearly, did not find the joking to be funny. Indeed, it was not funny, but that doesn't mean you should lose your free speech rights.

One judge dissented and argued strongly that not only was this a mistake, but it would have serious First Amendment consequences: I share with the majority the view that R.R.'s post, like many that preceded and followed it, was vulgar, nasty, offensive, and disgusting. But, as Justice Harlan wrote in Cohen v. California... although --the immediate consequence of [free speech rights] may often appear to be only verbal tumult, discord, and even offensive utterance[,] . . . [w]e cannot lose sight of the fact that, in what otherwise might seem a trifling and annoying instance of individual distasteful abuse of a privilege, these fundamental societal values [of freedom of speech] are truly implicated.

In concluding that the post was not in connection with an issue of public interest, the majority fails to follow relevant precedent and ignores the substantial evidence that D.C. was a person in the public eye. The majority also creates a broad and groundless exception to the protections of the anti-SLAPP statute, holding that for purposes of the statute, jokes do not constitute communications in connection with issues of public interest.... That is not the law. It also notes that while the "threats" in questions did seem incredibly distasteful, in context with all the other comments, it seems obvious that they were not real threats: Reading the sequence of posts from beginning to end, no reasonable person would foresee that any of it would be taken as a serious threat of violence. No reasonable person would believe that (at least) four people were sincerely threatening to take D.C.'s life. Taken together, all of the posts amount to nothing but a lot of adolescent sex-obsessed hyperbolic derision, sarcasm, and repulsive foolishness In fact, the judge notes that the kid who set up the website didn't seem bothered by the comments, and was apparently more traumatized by his father filing this lawsuit. Maybe the kid should sue his father?

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There are only two weeks left until the iPad’s April 3 launch date, and Apple has just started reaching out to developers to say that they’re accepting applications that were developed specifically for the device. We’ve included the Email below. The key takeaway: If you’re looking to have your app available at launch, you need to submit it by March 27, at which point Apple’s team will let you know if your application is ready for the grand opening.

The first few weeks after the iPad is released will be a huge gold rush opportunity, as users look to try out the device’s large screen for the first time. In short, if you can make it to one of the App Store’s ‘top apps’ lists, you’ll likely do very well for yourself. The only problem is that the vast majority of developers have never had access to an actual iPad — they’re all working off of emulators, save for a handful of extremely lucky developers who literally have their iPads chained to a desk. Developers can tweak their applications all they want on their computer monitors, but until they’ve actually gotten to try it out for themselves, they’ll have a hard time figuring out if their apps feel right.

I expect most developers will scramble to submit what they have by March 27, and that we’ll then see numerous updates immediately afterward as developers tweak button placement and other interface elements. Some developers may choose to simply wait until they have a device in their hands so that they can try out their apps before submitting, but the App Store’s discoverability issues make this a risky move (of course, given the hundreds or thousands of applications that will launch alongside the iPad, there’s no guarantee that you’ll get noticed on launch day, either).

Keep in mind that users will also be able to use scaled-up versions of iPhone applications on their iPads. Given the choice, though, there’s little doubt they’ll choose a native iPad app over an iPhone app every time.

CrunchBase InformationApp StoreInformation provided by CrunchBase

Filed under: Google, Browsers

Google Chrome's Incognito mode is a handy way to browse without leaving unwanted traces of your activitybehind. It comes with some minor sacrifices, of course -- your theme doesn't display and your extensions don't work, for example.

At least your extensions don't work for now.

Soon enough you'll have the ability to specify which extensions you want Google Chrome to allow while you browse Incognito. The change has landed in recent Chromium builds, and I have no doubt that we'll see this make the jump to Chrome's developer and beta channels fairly soon.

While it will be nice to have certain extensions available -- like LastPass (so I don't have to type in all my passwords) or ExtensionFM (so I can listen to my music library in the cloud) -- it's important to remember that some extensions may do things that you're trying to avoid during private browsing sessions. In fact, Chrome/Chromium will spawn an alert saying "Chromium cannot prevent this extension from recording your browsing data" when you place a check in the allow box.

For now, you'll need to download a build from the Chromium BuildBot stash to try this out. So far, so good. I haven't experienced any (additional) instability or crashing due to enabling a few extensions in Incognito mode. Share

Coming soon to Google Chrome: use your extensions in Incognito mode! originally appeared on Download Squad on Fri, 19 Mar 2010 14:01:00 EST. Please see our terms for use of feeds.

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As SXSW Interactive comes to a close and SXSW Music kicks off, it's worth taking a look at the ideas, trends, discussions, and issues that dominated the four-day technology summit. Here are the five areas that stood out the most to me.

1. Conference Buzz

Every year there is a product or two that monopolizes most of the buzz -- for example, you couldn't go ten feet in 2008 without hearing a discussion about Twitter. For 2010, the buzzed-about phrase was without a doubt location-based services. Although the start of this discussion was in 2009, these mash-ups of geography and social technology really hit their stride this year.

Foursquare and Gowalla are the clear leaders in this space, as evidenced by the major presence enjoyed by both at the conference. Foursquare had a record 347,000 check-ins in one day this week, and the use of the service will certainly continue as the music crowd floods Austin.

The discussion I had with most people centered around the question, "What next?" As in: Now that these services are gaining momentum and adoption, where is the business model? Other than high-level brand partnerships and individual locations offering incentives for customers to check-in, few other monetization and call-to-action results have been seen. I see plenty of value in getting 10 percent off my order if I am the Foursquare mayor of a restaurant, or in allocating a big ad spend for a custom promotion, but where is the middle ground for everyone else?

But apart from that, you know you're hitting some level of critical mass when CNN chimes in on how to use Foursquare to be cool (or at least not uncool).

2. Data Tracking and Analysis Tools

In my 2009 wrap-up piece, I stated that 2010 would be the year of analytics. The data has been available for ages, but the tools to turn raw data into information -- and better yet, knowledge -- have finally found a strong value proposition. More and more products are emerging to monitor and analyze Twitter activity, social media trends, community management results, and overall impact and impressions.

Google Analytics is still a strong contender in the space, with almost everyone mentioning this as a core piece of the puzzle. Platform-specific tools such as Twitter Counter and bigger-picture services such as Radian6 were discussed at great length and examples were provided of their functionality.

The current Holy Grail of analytics (and I bet a buzz-topic at SXSW in 2011) is sentiment analysis -- not only knowing who is saying what how often, but getting a feel for the tone and meaning of what they are saying. Be on the lookout for more discussion and tools as time goes on. (MediaShift's Nick Mendoza looked at sentiment analysis related to the Oscars recently.)

3. Disappointing Panels & Keynotes

There is no lack of articles on the multiple disappointments around this year's panels and keynotes (start here and here). Spotify's Daniel Ek and Twitter's Evan Williams both brought in packed houses, but by the end of their talks the attendance was sparse and the content was thin.

As someone who speaks at and attends many tech and music conferences, I've seen my fair share of highly informative panels, and have had plenty of my time wasted. I wish I could report that SXSWi had a non-stop stream of amazing takeaways, but unfortunately it didn't go that way.

It's not for lack of relevant, forward-thinking topics. And it's certainly not for lack of amazing speakers who are getting big things done. In my experience, it comes down to two things: Having to cater to a very wide audience with varying skill levels, and only having a short time to address a long list of topics. The solution? Keep the panels focused on the core topic -- I'm talking to you, moderators -- and keep in mind that the audience can read theory on any blog; what they need are actionable takeaways.

The reason I left most panels disappointed was that I felt it was a missed opportunity. With such brilliant and accomplished panelists, I should have walked out of the room with a few action items I could implement immediately. This was very rare.

4. Skyrocketing Attendance

The attendance at this year's conference says something positive about the state of the tech industry. Last year's attendance was approximately 10,000; this year, there were over 15,000 badge holders. The feeling is very reminiscent of the mid-'90s in Seattle, when a new wave of technology and investment quickly expanded the marketplace.

What seems great for the industry -- a glut of big thinkers and tech geniuses -- is not as ideal for the conference itself. Getting into panels meant waiting in long lines and, often, only getting in when someone else left. The same thing happened at most industry parties, where the RSVPs far exceeded room capacity. It was a constant feeling up "hurry up and wait."

Fortunately, AT&T thought ahead and brought in an extra cell tower, providing massive bandwidth for what seemed to be the biggest concentration of iPhones on the planet. I can honestly say it was the best 3G coverage I've ever had.

5. Parallel Conferences

Something I noticed this year that I hadn't seen near as much in prior years was a number of parallel conferences, both perceived and actual. Depending on your interests and network, the conference experience tends to vary widely. In a single night you can find yourself in the middle of a raging party with young (and wealthy) tech entrepreneurs, a serious business dinner with corporate executives, and in a development workshop with programmers (that's their own unique type of party).

In addition, there were a number of side conferences, including fully off-site panels that almost felt like secret societies. Celebrity bloggers hosted workshops, independent organizations hosted roundtable discussions, and trade organizations fostered discussions focused on their interests. There was certainly something for everyone.

SXSW Music has now begun, and the tone of the conference has dramatically changed. Stay tuned for a report back on that experience...

Photo of Foursquare app by dpstyles via Flickr. Photo of attendee with Mr. Spam by Randy Stewart via Flickr. Photo of SXSW closing party logo by Fellowship of the Rich via Flickr

Jason Feinberg is Vice President, Direct To Consumer Marketing for Concord Music Group. He is responsible for digital and physical direct-to-fan solutions for CMG's frontline and massive catalog including the Fantasy and Stax labels.

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If you’re an iPhone OS developer who has been hard at work on getting an app ready in time for the lainch of the iPad, now is the time to start polishing it up if you want Apple to consider it for inclusion for the grand opening of the iPad section of the App Store. Basically, just log in to iTunes Connect, submit your app, and you’ll receive feedback on its readiness for the grand opening. We know, it’s difficult to fully debug an app when you don’t even have the actual hardware that you are developing for, so our guess is that Apple is running submitted code on actual iPads, and if things work nicely and the app is up to snuff, you’ll be in. You’ve got until 5:00 PM PDT on March 27th to submit your apps.

Oh, and in case there was any doubt, yes; the iPad App Store will open the same day that the iPad goes on sale. April 3rd can’t come fast enough.

Tags: app store, apple, ipad, ipad app store, ipad apps, iphone os,

Apple now accepting iPad app submissions for April 3rd grand opening originally appeared on Gear Live on Fri, March 19, 2010 - 3:00:35