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March 2019
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Why Instagram TV Should Be A Part Of Your Marketing Strategy

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Just recently, Instagram released its latest app, The Instagram TV also known as IGTV. With its vertical format, its aligns for both video creation and consumption for your phone. This move is Instagram’s attempt to dethrone YouTube (that has a large platform in engaging users.) The introduction of IGTV can completely change the social media […]The post Why Instagram TV Should Be A Part Of Your Marketing Strategy appeared first on Adotas.

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Stupid Patent Of The Month: Veripath Patents Following Privacy Laws

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What if we allowed some people to patent the law and then demand money from the rest of us just for following it?As anyone with a basic understanding of democratic principles can see, that is a terrible idea. In a democracy, elected representatives write laws that apply to everyone, ideally, based on the public interest. We shouldn't let private parties "own" legal principles or use technical jargon to re-cast those principles as "inventions." But that's exactly what the U.S. Patent Office has allowed two inventors, Nicholas Hall and Steven Eakin, to do. Last September, the government proclaimed that Hall and Eakin are the inventors of "Methods and Systems for User Opt-In to Data Privacy Agreements," U.S. Patent No. 10,075,451. The owner of this patent, a company called "Veripath," is already filing lawsuits against companies that make privacy compliance software. With Congress and many states actively engaged in debates over consumer privacy laws, Veripath might soon be using this patent to extract licensing cash from U.S. companies as well.Privacy-For-Functionality isn't an "Invention," it's a Policy DebateClaim 1 of the '451 patent describes a basic data privacy agreement. An API provides personal information from a software application; then the user is asked for a "required permission" for the use of that information. There's one add-on to the privacy deal: in exchange for the permission, the user gets access to "at least one enhanced function."The next several claims go on to describe minor variations on this theme. Claim 2 specifies that the "enhanced function" won't be available to other users. Claim 3 describes the enhanced function as being fewer advertisements; Claim 4 describes offering the enhanced function in exchange for a monetary payment.To say this "method" is well-known is a major understatement. The idea of exchanging privacy for enhanced functionality or better service is so widespread that it has been codified in law. For example, last year's California Consumer Privacy Act (CCPA) specifically allows a business to offer "incentives" to a user to collect and sell their data. That includes "financial incentives," or "a different price, rate, level, or quality of goods or services." The fact that state legislators were familiar enough with these concepts to write them into law is a sign of just how ubiquitous and uninventive they are. This is not technology this is policy.(An important aside: EFF strongly opposes pay-for-privacy, and is working to remove it from the CCPA. Pay-for-privacy undermines the law's non-discrimination provisions, and more broadly, creates a world of privacy "haves" and "have-nots." We've long sought this change to the CCPA.) Follow the Law, Infringe this Patent Veripath has already sued two companies that help website owners comply with Europe's General Data Protection Regulation, or GDPR, saying they infringe its patent. Netherlands-based Faktor was sued [PDF] on Feb. 15, and France-based Didomi was sued [PDF] on Feb. 22Some background: Venpath, Inc., a company with a New York address that appears to be a virtual office, assigned the rights in the '451 patent to VeriPath just days before the patent issued in September last year. As it happens, the FTC began enforcement proceedings against VenPath last September. The FTC's complaint [PDF] alleged that VenPath's website represented that "VenPath participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework." The FTC alleged a count of "privacy misrepresentation." It claimed that VenPath "did not complete the steps necessary to renew its participation in the EU-U.S. Privacy Shield framework after that certification expired in October 2017." The FTC issued a Decision and Order [PDF] requiring VenPath to remove the misrepresentations. An exhibit [PDF] attached to the complaint shows that one of the named inventors on the patent, Nick Hall, contacted Faktor to ask what its prices were. Hall identified himself as the CEO of VenPath. Once Faktor responded, Veripath sued Faktor in federal court in New York.In its lawsuits, Veripath claims that basic warnings about cookies on websites, a now-common method of complying with the GDPR, violate its patent. The lawsuit against Faktor notes that Faktor's own website "might not work properly" unless a user consents to having her browser accept cookies.Veripath and its legal team argue that this simple dealaccepting cookie use, in order to visit websitesis enough to infringe the patent. They also claim that Faktor's Privacy Manager software infringes at least Claim 1 of the patent, and facilitates infringement by others. The '451 patent should never have been granted. In our view, its claims are clearly ineligible for patent protection under Alice v. CLS Bank. In Alice, the Supreme Court held that an abstract idea (like privacy-for-functionality) doesn't become eligible for a patent simply because it is implemented using generic technology. Courts have struck down similar claims, like a patent on the idea of conditioning access to content on viewing ads. Even when a patent is invalid, defendants face pressure to settle. Patent litigation is expensive and it can cost tens or hundreds of thousands of dollars just to get through the early stages. To really protect innovation we have to ensure that patents like the '451 patent are never issued in the first place. The fact that this patent was granted shows the Patent Office is failing to apply the law.We are currently urging the public to tell the Patent Office to stop issuing abstract software patents. You can use our Action Center to submit comments.Republished from the EFF's Stupid Patent of the Month series.

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posted at: 12:00am on 02-Mar-2019
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Advantages And Disadvantages Of Gmail And Outlook: Comparison

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By Amelie Blanche Gmail is one of the most popular email providing services, due to the reputation and possibilities that Google as a company can provide. The powerful Google offers a bunch of different features in the Google account in addition to email. As for email, it is stated to be one of the safest […]The post Advantages And Disadvantages Of Gmail And Outlook: Comparison appeared first on Adotas.

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NZ Study Yet Again Concludes That Piracy Is A Function Of Price And Ease Of Access

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With rates of copyright infringement fluctuating year by year, and country by country, the end result is a debate that goes on as how to best keep rates trending downward. One side of this argument urges a never ending ratcheting up of enforcement efforts, with penalties and repercussions for infringement becoming more and more severe. The other side of the argument suggests that when content is made available in a way that is both convenient and reasonably priced, piracy rates will drop. A decent number of studies have been done that show the latter is the actual answer in this argument, including a study done last summer, which showed innovative business models fare far better than enforcement efforts.Yet it seems it's going to take a compounding series of these studies to get the point across, so it's worth highlighting yet another study that has come out of New Zealand that concludes that piracy rates are a function of pricing and ease of access to content.

According to a new study commissioned by New Zealand telecoms group Vocus Group NZ and conducted in December 2018, this enhanced availability is having a positive effect.“Legitimate streaming content providers are achieving what was impossible for Hollywood to get right: they are stamping out piracy by making available the shows people want to enjoy at reasonable cost and with maximum convenience,” Vocus announced this morning.The company believes that “piracy is dying a natural death” as more locals choose to access content legitimately, via legal services that are both accessible and easier to use than pirate options.“In short, the reason people are moving away from piracy is that it’s simply more hassle than it’s worth,” says Taryn Hamilton, Consumer General Manager at Vocus Group. “The research confirms something many internet pundits have long instinctively believed to be true: piracy isn’t driven by law-breakers, it’s driven by people who can’t easily or affordably get the content they want.”
We internet pundits have also speculated in past discussions that piracy rates probably have some sort of natural floor to them. In other words, rates aren't going to be 0% and it would be unreasonable both to expect them to be, or to attempt to conjure such fantasy rates into existence through legislative efforts. Instead, content providers need to figure out the sweet spot in pricing and ease of access that reaches or approaches that natural floor. Once they have done so, the job is complete. And, rather than having to worry about which enforcement effort to attempt next, content makers can spend their time instead both creating more content and counting all of their money.And, as Vocus points out, this is already beginning to occur organically.
“The big findings are that whilst about half of people have pirated some content in their lives, the vast majority no longer do so because of the amount of paid streaming sites that they have access to,” Hamilton added in a video interview with NZHerald.Indeed, the company’s study shows that 11% of consumers now obtain copyrighted content via illegal streaming platforms, with around 10% downloading infringing content via torrent and similar services.“Generally the survey has said that the vast minority of people are undertaking piracy – it’s just too hard. People prefer to pay for good quality, cheap, legal content, so we think that’s the best way forward,” Hamilton said.
That convenience is the "RtB" portion of the Cwf+RtB equation. Convenience is worth paying for, as demonstrated by thousands of people that are demonized as just wanting something for free, but who nevertheless subscribe to all kinds of content services and otherwise buy all kinds of content. It's a contradiction worth noticing, assuming that creators want payment above control.Meanwhile, Hollywood's New Zealand representatives instead want to pretend that none of this data even exists.
In January 2018, the Motion Picture Distributors’ Association, which represents the major Hollywood studios in New Zealand, said that “nothing” can be done to tackle piracy in the country other than site-blocking. Vocus, however, is opposed to this type of action.
That's the kind of lazy attitude only government lobbying could allow. In the real world, there is a great deal that Hollywood could do to tackle piracy, if only they were willing to try.

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