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Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
3g, ads, competition, mobile service

Companies:
at&t, verizon wireless



Judge Says 'There's An Ad For That...' And It's Ok For Now

from the let-it-play dept

Recently, AT&T sued Verizon over its "There's A Map For That" ad, that mocked AT&T's 3G network coverage, while playing on the Apple iPhone slogan of "there's an app for that." It seemed like an odd thing for AT&T to do, as it really just called more attention to the ad and the differences in 3G networks. Now, to make matters even worse, a judge has refused to issue an injunction stopping the ad. That doesn't stop the lawsuit, though, and the ad might still get taken down if AT&T wins, but it's unlikely Verizon's ad campaign is going to last until the lawsuit is finally decided, anyway. So for now, all it's done is driven a lot more attention to the ad, in which Verizon comes out favorably.

14 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
advertising, lawsuit, map

Companies:
at&t, verizon



AT&T Sues Verizon Over 'There's A Map For That' Ad Campaign

from the doesn't-like-the-maps dept

Recently, Verizon came up with a rather clever ad campaign, mocking the iPhone ads that claim "there's an app for that" with ads that showcase Verizon's wider 3G footprint, claiming "there's a map for that," and showing the two services' 3G coverage maps side by side:

It does a nice job poking fun at one of AT&T's weaker points: its mobile network infrastructure. But apparently, AT&T is not happy with the ad campaign and has sued Verizon over those ads, claiming that it uses an unfair comparison. That's because the maps only show 3G coverage, and Verizon has significantly greater 3G coverage. However, AT&T feels that the map showing its coverage implies, falsely, that AT&T has no coverage outside of its 3G coverage areas. While you can see why AT&T would make this complaint, it does make you wonder if it's really worth the effort to sue. All it's really doing is attracting a lot more attention to the original ad, which does accurately state that it's talking about 3G coverage, not overall coverage, though you can see why some people might not realize that AT&T's network also includes non-3G areas.

50 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
astroturfing, bob sells, cut and paste, lobbying, net neutrality

Companies:
at&t



Retired Telco PR Exec Who Sent XYZ Corp. Letter To FCC Insists He Wrote It

from the uh-huh... dept

We've already written about how a former PR exec from what became AT&T has been outed as the guy who sent a letter to the FCC where he forgot to take out the boilerplate XYZ Organization that was almost certainly left there by the AT&T lobbyists who wrote the letter for him. However, one of our commenters noted that MediaPost spoke to the guy, Bob Sells, who insists that he wrote the letter with the XYZ part included:

Sells, a 77-year-old retired public relations executive in Little Rock, tells MediaPost that he often writes letters with placeholders and fills in the correct text later, but overlooked the reference to XYZ in this case.
Really? I'm really trying to give this guy the benefit of the doubt, but I can't come up with a single explanation for why he would write "XYZ Organization" when writing a letter himself from a group of people he supposedly represents. If you're the one writing the letter, on behalf of your supposed organization, why would you include "XYZ Organization"?

11 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
astroturfing, bob sells, cut and paste, lobbying, net neutrality

Companies:
at&t, sbc, southwestern bell



Guy Who Signed 'XYZ Corp.' Astroturf Letter... Worked As Telco PR Person For Nearly 3 Decades?

from the funny-how-that-works... dept

So, remember last week when we wrote about how anti-net neutrality lobbyists from AT&T had crafted astroturf letters for various "special interest groups" to sign -- but someone forgot to remove the boilerplate "XYZ Organization" in the first paragraph? We also noted that there was little evidence that the group -- the Arkansas Retired Seniors -- actually existed. However, Matt Cutts did a bit of digging and found that the name of the guy who signed the letter -- Bob Sells -- appears to have worked in PR for Southwestern Bell for 28 years (there appears to be only one Bob Sells or Robert Sells in Little Rock). Southwestern Bell, of course, became better known as SBC. SBC, of course, became AT&T after it bought the old AT&T and took on its name. So, if you're an AT&T lobbyist and you want to convince the FCC that "seniors" are against net neutrality -- and you don't want it to appear to come from AT&T employees -- who better to go to than an ex-employee? Still, next time you get a former employee to shill for you, remember to replace the bogus XYZ Organization you left for him in the text of the letter you sent him.

13 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
disclosure, net neutrality, transparency

Companies:
at&t



AT&T Asks Employees To Hide AT&T Affiliation While Protesting Net Neutrality Laws

from the disclosure? dept

We've been having some discussions lately about the FTC's new guidelines for "disclosure," and some of our regular critics have been gleefully insisting that the reason I don't like those rules is because I don't disclose stuff, and I'm scared the FTC is going to crack down on the site. I find this pretty funny, because I am a huge believer in the importance of disclosing stuff, and on the rare occasion we've been in a situation where disclosure was necessary, we have no problem disclosing, even to the point that it's almost silly. Almost nothing in those rules impacts us directly. My real complaint with the rules is that the FTC rules aren't needed and raise serious First Amendment issues. First, most blogs and other social media efforts are conversational, not publishing, and a whole different set of social cues matter there. Second, anyone stupid enough not to disclose their affiliations on certain things is going to face pretty serious backlash when it comes out (as it certainly will).

Take, for example, the backlash today on the news that AT&T's chief lobbyist sent out an email to all AT&T employees urging them to protest any new net neutrality laws and hide their AT&T affiliation as they do so. AT&T has confirmed the email, which has numerous factual errors (and remember, I actually agree that net neutrality laws don't make sense). But, more importantly, the mainstream media is now calling AT&T out for this outrageous effort to have employees pretend they're not employees in protesting these rules.

Transparency on conflicts makes a lot of sense. It's something that people should do because it makes you more trustworthy -- not because the FTC threatens to fine you. The problem with the FTC rules is that it creates a weird chilling effect and threat of action on things where the rules aren't at all clear. As AT&T is learning today, trying to hide that kind of thing just creates a lot of backlash. It makes AT&T appear like it doesn't have a strong legitimate case, and needs to resort to underhanded techniques to make its argument.

Oh, and to make the FTC and our critics happy: Full Disclosure: I use AT&T DSL at home, and while I pay for it, a few years back there was a long outage, and AT&T agreed to give me a credit of $35 off my next bill. I also know some people who work at AT&T. My wife uses an iPhone, which I assume must run on AT&T's network, but it's provided by her employer (oh, crap, do I need to disclose who that is too?), and so we never see the bill -- so maybe the FTC thinks it's provided for free? I once sat on a panel with a representative from AT&T, and while I disagreed with him on most things policy-wise, I thought he was a nice guy, and at times I've talked to him about why AT&T should be more involved in online conversations (like this one!). Anything else?

21 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
google voice, net neutrality

Companies:
at&t, google



AT&T's Ridiculous Argument Against Google Voice

from the break-it-down dept

We've been covering the ridiculous attempt by AT&T to sic the FCC on Google for deciding to block certain calls via Google Voice. AT&T is being misleading and incredibly disingenuous. While there are some issues with Google's decision to block certain calls, the issue there has nothing to do with net neutrality -- as AT&T aims to tweak Google for supporting net neutrality -- and everything to do with bad regulations -- which AT&T is just as against as Google is.

But the latest letter/PR play from AT&T sinks to ridiculous lows -- and it's a shame that no reporter I've seen so far calls AT&T on any of the crazy claims. While there's some fun in mocking the use of nuns (who are apparently also blocked), AT&T's "slippery slope" argument isn't just questionable, it's wrong:

Indeed, if the Commission cannot stop Google from blocking disfavored telephone calls as Google contends, then how could the Commission ever stop Google from also blocking disfavored websites from appearing in the results of its search engine; or prohibit Google from blocking access to applications that compete with its own email, text messaging, cloud computing and other services; or otherwise prevent Google from abusing the gatekeeper control it wields over the Internet?
But... uh... that's the thing. The FCC cannot stop Google from also blocking disfavored websites from appearing in its results. That's because Google has every right to determine what sites appear in its index and which don't -- and the courts have said exactly that in the past. Google's rankings and site index are Google's own opinion, and there's no legal right for Google to include anyone if it chooses not to. Google knows this. The FCC knows this. AT&T certainly knows this -- so why is it pretending that this is some big issue?

Then there's the claim about Google "blocking access to applications that compete with its own email, text messaging, cloud computing and other services." Except... Google physically cannot block such things, because Google is not the pipe. If I want to go to another email service provider, I just type that URL into my address bar, and Google isn't a party to that at all. The only one who could block such a thing is (oops) my ISP: AT&T. So why even make this argument? It's totally nonsensical.

Obviously, AT&T is having fun poking at Google over this particular issue, but, honestly it should at least limit its complaints to things that actually make sense.

42 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
arbitrage, congress, google voice, lobbying, voice

Companies:
at&t, google



Congressional Reps Rewrite AT&T's Google Voice Complaint, And Send It To The FCC

from the at-least-try-to-be-creative dept

A few weeks back, we noted how AT&T was trying to claim that Google violated the very net neutrality rules the search giant is pushing for by blocking calls on Google Voice to various free conference service lines. However, as we explained at the time, the issues are totally different. However, from AT&T's standpoint, they get to try to kill two birds with one stone. First, AT&T would love to kill the regulatory arbitrage situation that allows small rural telcos to charge incoming call providers ridiculous connection fees. So, complaining about Google Voice draws more attention to that issue. Separately, it gets net neutrality questions moved away from AT&T and onto Google, which AT&T generally dislikes.

Still, it's hard not to be even more cynical when a bunch of politicians suddenly pick up interest in this issue, and ask the FCC to investigate Google using language that appears quite similar to the letter AT&T sent to the FCC. As Broadband Reports notes in that last link, it sure looks like AT&T got a bunch of friendly politicians to suddenly express outrage over something most of them didn't understand -- and they just had to rewrite the letter AT&T had already used. It's as if these companies and politicians don't even care how blatant it is that the lobbyists actually set the agenda.

57 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
arbitrage, conference calls, connection charges, google voice, net neutrality, phone service

Companies:
at&t, google



AT&T, Google Spat Over Google Voice Blocked Calls Is Important... But Totally Misses The Point

from the distracting,-but-important dept

Well, well, well. It looks like AT&T's latest line of anti-Google attack is to accuse the company of being hypocritical on net neutrality by not living up to the same principles when it comes to its Google Voice product. The issue is that, apparently, Google Voice is now blocking calls to free conference services like FreeConference.com. This is identical to the problem I discussed a few weeks ago when I noticed that the MagicJack VoIP service blocked calls to those same services. Oddly, at the time, I got around the MagicJack block... by using Google Voice. So if it's now blocking those calls, I haven't yet seen it, but there are numerous complaints. And, just like I said at the time with MagicJack, I think that the FCC has been pretty clear in the past that this is not legal. If you're offering a phone service of this nature, you need to connect it with the phone calls customers are making.

So, I have to admit that I find Google's response to be disingenuous. It basically tries to shrug off the problem by saying Google doesn't have to follow such rules on connecting phone calls because it's a "web-based" offering. First, making such a claim just makes Google look like it's ducking the issue. Second, Google has done a dreadful job letting Google Voice users know that such calls are totally blocked by its service.

However (and this is important), the actual issue here is not net neutrality. The real issue is ridiculous regulatory setups in certain rural areas, that force unnaturally high connection fees on telcos to rural telcos, creating a massive arbitrage opportunity that the Free Conference call offerings making good (and profitable) use of in offering their services. Basically, every inbound call to these telcos requires massive per minute fees from the connecting service provider to the rural telco. It's so expensive that as long as the rural telco can offer a service (such as conference calls) at a cheaper rate, they make money on every inbound call -- but it's all due to outdated regulations that "protect" those telcos. Google mentions this in its response, but it should be the headline, not buried in the details: the issue with net neutrality is the telcos trying to double charge for the use of their network. The issue with these calls is a dumb regulatory setup that forces telephone service providers to pay insanely high rates to a small group of small telcos for any inbound calls.

So, yes, I agree that it's bad that Google (and MagicJack) blocks these calls -- and I believe it may in fact go against some previous statements by the FCC concerning phone services. But... it's not a net neutrality issue where they're doing so to squeeze extra money out of customers by holding part of the access for ransom. Instead, it's the result of bad and outdated local state regulations concerning connection fees that really need to be overturned.

40 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
dvrs, patents

Companies:
at&t, echostar, tivo, verizon



Fresh Off Victory Over Dish, TiVo Sues AT&T, Verizon

from the can't-compete?-litigate! dept

Why bother competing in the market when you can just sue everyone else? That appears to be TiVo's big strategy these days. Just a month after winning a big court victory over EchoStar/Dish over a patent that the USPTO is not really sure it should have issued, TiVo has moved on to sue both AT&T and Verizon in a nearly identical lawsuit. And, of course, you know exactly how the negotiations on this one start. TiVo will point to the headlines about the millions the the court has told Dish to pay. Whatever happened to the good old days when companies competed in the marketplace rather than in court? TiVo is a great and innovative product, no doubt. While not really the first such product, it did a great job convincing the market of the value of DVRs. But then others innovated as well, sometimes making their product even better. That's called competition and it should drive everyone to make better products. It appears TiVo would rather that the competitors be kept out of the market, rather than bothering to innovate in the market.

38 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
app store, fcc, gogle voice, iphone, rejection

Companies:
apple, at&t, fcc, google



Apple's Google Voice Rejection Wakes Up A Dormant FCC; Investigation Begins

from the whoops dept

We've had a bunch of stories about Apple's rather arbitrary nature in rejecting iPhone apps it doesn't like -- including ones where it claims that they're not allowed because they compete with Apple. However, Apple's recent decision to reject Google's Voice application didn't just attract general public interest in Apple's policies, it appears to have awoken the latest crop of FCC bosses. Yes, the FCC has requested more info from Apple, AT&T and Google concerning Apple's rejection of the Google app. I wonder how the random Apple drone who made that decision is feeling right now?

Either way, this isn't good for anyone. The FCC's reasoning is that it:

"has a mission to foster a competitive wireless marketplace, protect and empower consumers, and promote innovation and investment."
That's actually a bit of a stretch on the FCC's actual mandate. And as ridiculous as I think Apple's actions are here, having the FCC get involved doesn't seem good for anyone either. The FCC shouldn't be involved in deciding what applications get put on phones. Apple's decision has angered a bunch of people, with some swearing off the iPhone because of it. In those cases, those people have other options and other phones to go to. The situation doesn't require the FCC to get involved. It should just require Apple coming to its senses and getting rid of its silly policy of outright rejections of apps it doesn't like.

77 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
4chan, blocking, ddos, isps, net neutrality

Companies:
at&t



AT&T Blocks 4chan Over DDoS... But May Not Like What Happens Next...

from the that-would-not-be-a-good-thing... dept

A few folks have submitted the news that, apparently, AT&T is blocking access to a certain subdomain of 4chan. I just checked on my own AT&T DSL account and it's true that I can't get there (I can get there if I don't go via AT&T). That doesn't mean that AT&T definitely is blocking it, but there are reports that folks at AT&T have admitted that it's true. If you don't know what 4chan is, the 4chan Wikipedia page is probably the best way to understand it. Even if the site is controversial for some, it does seem quite extreme for AT&T to do an outright block, without any official warning or immediate explanation. Outright blocking of websites, without recourse and without a clear explanation of why, is extremely questionable and the sort of "net neutrality" violation that the FCC would likely come down hard against. If it's true that there's a block, perhaps AT&T is assuming that no one serious (such as the FCC) would come to the defense of 4chan, but that might be a mistake (in part because AT&T probably won't like what happens when 4chan decides to come to its own defense). Hopefully this will be explained away as a mistake. So far, the best explanation I've seen is (via 4chan) the claim that the subdomain was involved in some sort of DDoS attack, but you would think that, if that were the case, AT&T would have just made that clear from the beginning. Not coming out with a clear and concise explanation just looks bad, and seems to be stirring up 4chan folks to make a statement -- something AT&T almost certainly does not want. AT&T may be able to tap your phones, but getting on the wrong side of 4chan seems like a bad, bad idea.

Update: As expected, AT&T has confirmed (as we believed) that this was over a DDoS attack:

Beginning Friday, an AT&T customer was impacted by a denial-of-service attack stemming from IP addresses connected to img.4chan.org. To prevent this attack from disrupting service for the impacted AT&T customer, and to prevent the attack from spreading to impact our other customers, AT&T temporarily blocked access to the IP addresses in question for our customers. This action was in no way related to the content at img.4chan.org; our focus was on protecting our customers from malicious traffic.

Overnight Sunday, after we determined the denial-of-service threat no longer existed, AT&T removed the block on the IP addresses in question. We will continue to monitor for denial-of-service activity and any malicious traffic to protect our customers.
That said, I still think AT&T failed here, in that they did not make this clear from the outset. If they had stated upfront what the situation was, in conjunction with the temporary block, they would have been much better off. But by silently blocking, they kicked off a firestorm that had to have been expected by anyone aware of 4chan.

39 Comments | Leave a Comment..

 
Wireless

Wireless

by Mike Masnick


Filed Under:
fairness, mobile, net neutrality, streaming video

Companies:
at&t



If AT&T Mobile Broadband Banned TV Streaming, Why Does It Allow MLB Streaming?

from the net-neutrality? dept

Earlier this year, we covered AT&T's back and forth over its terms of service, concerning whether or not services like SlingMedia's place shifting (streaming from your TV to a phone or laptop) was allowed. Some had noticed that AT&T's terms of service appeared to forbid it -- but then AT&T said it was a mistake and took it out, only to change its position a little later, and reinsert the language. Because of that, Sling had to disable its own player from working when an iPhone is connected via the 3G cellular network, rather than a WiFi connection.

Yet, recently, Major League Baseball's digital arm, MLB.com announced that it was going to start streaming video of games to its iPhone app, even on 3G connections -- and AT&T seemed fine with it. However, this differential treatment is leading to charges of favoritism and discrimination, even bringing out the dreaded charges that "net neutrality has been broken." The specific question is why AT&T gets to choose which streaming video apps are allowed, and which are not. If your regular ISP told you that you could watch Hulu, but not YouTube, there would be quite an outrage.

AT&T's response is disingenuous, at best, claiming:

AT&T said the MLB app streams video from MLB's website, while SlingPlayer streams from the TV set-top box Slingbox. AT&T also said the company is only trying to ensure all users on its network get the best possible service.

"We're certainly not crippling any apps," an AT&T spokesman said. "This is an issue of fairness.... While we would like to support all video services across our network, the reality is that wireless networks simply lack the capacity to support customers streaming hours of cable, satellite or IPTV video programming to individual users."
While this -- once again -- highlights the point that mobile cellular services are nowhere near legitimate competitors for real broadband services, note that the AT&T person never actually answers the question. The fact that Sling streams from a settop box and MLB streams from MLB's website is functionally meaningless to the iPhone. To the iPhone user it's the same thing. It doesn't care where the server is placed -- it's just receiving a video stream. So AT&T is not being honest or upfront about this at all. If the network is a problem, then it shouldn't allow video at all. Picking and choosing who gets to run video certainly smacks of discrimination and favoritism -- exactly the sort of thing the FCC claims is not allowed.

39 Comments | Leave a Comment..

 
Scams

Scams

by Mike Masnick


Filed Under:
adam savage, data, international roaming, mythbusters, roaming, text messages

Companies:
at&t



Mythbusters' Adam Savage Discovers Insane Roaming Fees: $11,000 iPhone Bill For A Few Hours Surfing

from the BUSTED dept

Every few months or so there's an article somewhere about an insane phone bill that someone gets because they took their phone out of the country without recognizing the insanity that is international roaming rates. This time, it appears to be Mythbusters co-host Adam Savage, who's been doing a bit of traveling lately. He was recently up in Canada, and used his iPhone to do a little web surfing. And now he got the bill. Apparently AT&T wants somewhere around $11,000 for Adam's surfing and have turned off his phone until he pays. Now there will be some who say that he should have read the fine print, but considering just how often these sorts of stories pop up, at some point it's worth noting that the fine print isn't working. And... even if you grant the "fine print" premise, it's hard for anyone to figure out how these international roaming rates make any sense whatsoever. They're so far off the charts as to be unbelievable.

Anyway... next week on Mythbusters... the insanity of mobile phone bills? Can we see Jamie and Adam try to decipher hidden fees, while Grant, Tory and Kari search for the elusive accurate mobile phone coverage map? Maybe Buster can figure out what the real limits are on unlimited data plans? Hmm... maybe not.

94 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
telco immunity, telcos, warrantless wiretapping

Companies:
aclu, at&t, eff, verizon



As Expected, Judge Dismisses Warrantless Wiretapping Lawsuits Against Telcos

from the it's-the-law... dept

This isn't a huge surprise, but a judge has tossed out the ACLU and the EFF's various lawsuits against telcos for enabling warrantless wiretapping for the government. The reason it isn't a huge surprise is that the gov't last year, in a well publicized move, granted the telcos immunity from prosecution, and the judge basically pointed that out in dismissing the case. Instead, the judge said that if these groups have a complaint, it's with the gov't for granting immunity (not to worry, there are lawsuits against the gov't as well). Not surprisingly, the EFF and ACLU are appealing. Still, it does seem like these lawsuits are a longshot, even if it's disappointing. It seems ridiculous that the gov't can grant widespread immunity to a company for potentially breaking the law -- but, again, it seems that's an issue to take up with the government -- and once that's solved, go back and deal with the companies specifically. The judge's job is to interpret the law, and in this case, the law says that the telcos are immune. Now, if you believe (as I do) that such a law is ridiculous and should be seen as unconstitutional, than the issue is to take it up with the government. So, the judge's ruling makes sense, even if it's disappointing to see telcos potentially get off the hook for violating customer privacy rights.

26 Comments | Leave a Comment..

 
Say That Again

Say That Again

by IC Expert,
Carlo Longino


Filed Under:
capacity, wireless networks

Companies:
at&t



AT&T CEO Says Wireless Networks Aren't Prepared For Data Traffic -- Frankly, He Should Know

from the got-some-knowledge-about-this-stuff dept

AT&T CEO Randall Stephenson said this week that US mobile networks can't keep up with all the data traffic being spawned by smartphone users. This is something Stephenson's got a lot of first-hand knowledge about. Earlier this month, AT&T blocked the SlingPlayer app for the iPhone, saying it didn't have the capacity to support it, while the company annoyed lots of geeks with blogs when its network in Austin couldn't keep up with the influx of iPhone users during the SXSW conference in March. Stephenson says the company is taking steps to address the problem by upgrading its 3G network to HSPA+ technology that will double its throughput. The logic here isn't completely clear, though: the new technology will require new device hardware, and furthermore, the real issue is capacity not speed. And capacity doesn't just apply to the mobile network -- each individual cell site's backhaul connection needs to be beefed up, too. But the real solution AT&T and other operators employ to fix this issue may not be a technological one. Stephenson hints that flat-rate data plans could be on their way out, with variable-use pricing on its way back in. By bringing back per-unit pricing, operators will hope to increase their revenues from data-hungry users, but all they'll really do is end up stifling mobile data use -- just like they did before they went to flat-rate plans.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

32 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by IC Expert,
Carlo Longino


Filed Under:
american idol, bias, controversy, texting, voting

Companies:
at&t



Technology Again Causes American Idol Controversy, Fingers Pointed At AT&T

from the newsworthy dept

Apparently the outcome of the latest season of American Idol caused some controversy when the contestant generally regarded as the underdog of the two finalists was crowned the winner, provoking an angry backlash from his rival's fans. Now, they're pointing the finger at AT&T, alleging it helped skew the vote. This isn't the first time telecommunications have caught this sort of flak, as it's been a regular occurrence during the show's run that people have faced jammed phone lines when they've tried to vote. But this time, it's a little different. Apparently AT&T reps were at a couple of viewing parties organized by fans of the winning contestant, Kris Allen, and brought along a bunch of phones with them -- since, of course, only people on AT&T's wireless network can vote for the show's winner via text message. Then, the reps supposedly showed people at the parties how to "power text", or send in several votes at once. It seems unlikely that the votes spawned from the two parties were enough to tip the balance in Allen's favor, but the appearance of impropriety on the part of one of the show's major sponsors may be a bit more damaging.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

31 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
innovation, invention, music recognition, patents

Companies:
apple, at&t, shazam



Patent Lawsuit Over Shazam Highlights The Difference Between Invention And Implementation

from the what-a-waste dept

A few folks have sent in variations on the news that Apple and AT&T have been sued for patent infringement over the fact that the music recognition service Shazam can be used on the iPhone. The patent in question covers a music recognition system that certainly does sound like Shazam's. While it's lame that the patent holder is going after third parties like Apple and AT&T, this lawsuit really highlights how silly the patent system is. Shazam has been around for ages. I remember meeting up with some folks from Shazam many, many years ago, soon after they had started. They had a music recognition system at the time, but it didn't work all that great, and there was no real market for it. So they spent many years continually tinkering with and improving the system, and adapting to the market as it changed -- and finally had a hit when the iPhone app store came out. That is the process of innovation. The idea was a useful starting point, but it was meaningless until the idea could be implemented in a way that the market wanted. And, yet, some guy who had the same idea, but didn't go through the trials and tribulations of actually making it work for the market, suddenly gets to demand tons of money for it? That's an economic and societal waste.

69 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by IC Expert,
Carlo Longino


Filed Under:
car, driving, mobile tv

Companies:
at&t



AT&T Won't Give Up On Mobile TV, Now Wants To Sell You $1300 Gear To Watch Cartoons In Your Car

from the that's-a-lot-for-some-cartoons dept

Despite a ton of hype from its backers over the years, there's been very little interest in mobile TV services -- especially with the current subscription-based model. AT&T launched its mobile TV offering using Qualcomm's MediaFLO service last year, and given the lack of news about it, it doesn't seem to have set the world on fire. But AT&T doesn't seem to have learned too much from that experience and adapted its business model to a new satellite-based mobile TV offering that's made for in-car use, preferring instead to trod the same path with a sizable monthly service fee and expensive equipment. For just $1299 for the equipment (not including professional installation) and $28 per month, its CruiseCast service will deliver customers 22 channels of TV and 20 audio channels. Even if these weren't trying economic times, the pricing seems pretty prohibitive, and it's hard to imagine this service will find much more success than other similar efforts. Further, it's really difficult to see a future for any sort of mobile TV service that's built around the subscription model, especially when it tries to force customers back into linear programming schedules, and give up the control that their DVRs and other on-demand technologies offer.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

18 Comments | Leave a Comment..

 
Wireless

Wireless

by IC Expert,
Carlo Longino


Filed Under:
impressions, network, promises, smartphones

Companies:
at&t



AT&T Says Its Network Can't Keep Up With All The Cool Stuff You Can Do With The Smartphones It Sells

from the nice-touch dept

AT&T caught a lot of flak at the beginning of April, when it updated the terms of service for its mobile data network, banning all sorts of activities on it. AT&T later said the changes had been made in "error" and removed the new language, though it later reinserted language banning "redirecting television signals for viewing on Personal Computers" -- a ban apparently aimed directly at the forthcoming SlingPlayer application for the iPhone, which lets users watch TV from their Slingbox at home on their mobile device. The app has now been released, but it only works over WiFi, not the 3G mobile connection, because AT&T says, in a nutshell, that its mobile network doesn't have enough capacity to support streaming-video services if they take off. So all those cool data applications Apple and AT&T tout for the iPhone or other smartphones sold by the operator? Just remember they exist only at the behest of the carrier; if they threaten to expose its network's shortcomings, they'll get blocked.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

38 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
behavioral advertising, congress

Companies:
at&t, audience science



Did AT&T Lie To Congress About Using Behavioral Advertising?

from the questions-questions-questions dept

Congress is apparently holding hearings this week about behavioral advertising -- the controversial online practice of targeting ads to people based on where they surf. In the past, Congress has suggested that firms such as NebuAd that do this are breaking the law. However, it appears that AT&T may have been less than truthful in its own testimony. The company took a hardline stance against behavioral advertising that wasn't clear and set up as an opt-in approach. Yet, as MediaPost notes, a top behavioral advertising company named Audience Science, lists AT&T as a customer and has a testimonial on the site. When a Congressional Rep asked AT&T's policy VP who was testifying about the company (accidentally calling it "Audio Science"), AT&T claimed it didn't have a relationship with the company. When the MediaPost reporter asked Audience Science about all of this, AT&T's logo suddenly disappeared from the company's website.

Now, it seems quite likely that this is all a rather innocent mistake -- and the AT&T VP, Dorothy Attwood, simply didn't know about the company's relationship with Audience Science. AT&T is a big company, and certainly the left hand might not always know what the right hand is doing -- but that's a big part of the problem here. Even when an official company policy might be to avoid these sorts of things, there's as half decent chance that someone lower down on the totem pole has signed off on a deal to make use of these technologies.

10 Comments | Leave a Comment..

 

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