Courts agree with MPAA, Fair Use consideration unnecessary for DMCA take down.

Scale_of_justice_goldA digital lifetime ago, I used to co-host and co-produce a movie review show called Movies You May Have Missed. Each week we’d craft a video love letter to a film we wished had gotten more attention. We think we did our jobs well, with respect, and we were proud to stay spoiler free, assuming the film in question was “new to you”. We studied Fair Use to make sure we were operating within its bounds, and contacted lawyers who vetted our content. We loved these films, and wanted to share them with other like-minded cinema fans.

The problem? We used clips of the films in our discussion to illustrate things we liked about those films.

This meant Youtube was largely a non-starter. Every episode posted to that social network would get shot down in a hail of auto-copyright ID checks. We spent a significant amount of time fighting each one, with little support. Google’s tools for Youtubers are pretty hands off in regards to these kinds of claims. You’re guilty before you can prove yourself innocent. If you’re not already a big player and famous enough to make a lot of noise, you have little recourse to correcting those copyright strikes. We ultimately had to host episodes elsewhere just so people could see them. Even though we haven’t produced an episode in well over year, MYMHM still pulls in some small traffic from fans, last tally was over 350,000 channel views for August. On old content. None of it monetized, as most online rules for such behavior are draconian. Not only were we not allowed to profit from our hard work, even just to pay off our website hosting, we were barely free to even show people our show. The largest audiences were consistently denied us.

I continue to entertain bringing the show back some day, but our legal system has taken steps towards making that return even more unlikely.

TechDirt is reporting on a strange court case involving two incredibly obnoxious bloggers flinging abusive and stifling DMCA take down requests at each other. In previous cases regarding these types of filings, the MPAA has argued that Congress did not intend for filers to have to consider Fair Use when filing infringement take down requests. This would seem to be the whole point of Fair Use if you examine the laws surrounding our rights in interacting with copyrighted materials, unfortunately the courts reviewing this online squabble have sided with the MPAA’s arguments. This case between two people having an internet cat fight has now opened the doors for even more abuse of a vaguely defined set of protections for major media companies.

And this is why we can’t have nice things.

Techdirt also has a transcript of the court’s decision in PDF.

Amazon to finally receive second batch of Google Chromecast HDMI streamers?

google chromecast in stock amazon somegadgetguyChromecast is an incredible little gadget. For $35 dollars you get a fantastic stream-to-TV experience in a gadget little bigger than a USB flash memory drive, and controlling your TV with your phone or tablet feels like the future.

I got mine at launch, but since then they’ve been a little tricky to get a hold of. When a store stocks them, the $35 price tag all but guarantees they’ll sell out quickly. If you’ve been wanting to schnag one on Amazon to take advantage of Prime free shipping, you’ve largely been out of luck. The best we’ve seen for the last several weeks has been “Out of Stock” with no time estimate on when they’ll have more.

Well, looking up the little wunder-gadget this morning, the time estimate is now “Usually ships in 7-10 days”! Hopefully this means Amazon is due to receive another proper shipment soon, and those of you who were hoping to shop one there can now finally push the button.

Happy hunting!

Google Chromecast (Amazon)

New ChromeBooks unveiled at the Intel Developer Forum sporting Haswell

chromebookPeople who track computer sales estimate that nearly a quarter of all computers sold under $300 are ChromeBooks. Google’s browser based cloud OS is eagerly chewing into the market formerly occupied by Windows based netbooks. It’s easy to see why, as ChromeOS runs smoother on lower powered hardware than stripped version of Windows.

Today at the Intel Developer Forum, new ChromeBooks took the stage featuring Intel’s newest processor architecture named Haswell. Haswell takes Intel a significant step forward in offering up powerful mobile solutions which use less power to get work done. They’re already being utilized in the new ultraportable Windows Hybrids from manufacturers Sony, Asus, and Lenovo. Now we’re set to see Haswell parts ship in Chromebooks from Acer, HP, Asus, and Toshiba.

This move should bring a performance boost to the ChromeOS ecosystem as previous ChromeBooks used more tablet-like hardware, but hopefully this increase in power wont come at the expense of battery life.

Hit the Google Chrome Blog for the full scoop!

PSA: The LTE version of the New Nexus 7 (2013) now available on Google Play

nexus 7 2013 lte version google play store somegadgetguyJust a heads up for you tablet shoppers looking for a mini tablet with LTE capability. FourGees is now available as an option on the 2013 edition of the Nexus 7!

This little tab is rocking the most current version of the Android OS, and it’s completely unlocked and ready to jump on T-Mobile’s small (but growing) LTE network. As expected, the price is $349 out the door with 32GB of storage on board. This is a pretty killer hardware deal as the 16GB WiFi-only version of the iPad Mini is currently selling for $329. Google is offering quite a bit more tech for only $20 more.

Check out the Google Play store for more info!

MyGlass updated to control Google Glass from Android phones and tablets.

myglass google glass app update somegadgetguyPretty straight forward folks. If you’re lucky enough to be rocking Glass, then you’ll want to update the MyGlass app. The update allows you to control Glass using your phone.

Apparently, controlling Glass through taps and head tilts isn’t always ideal, and now utilizing Glass’ screencast capabilities, you can spread out the Glass UI on an Android handset instead.

Plus there are “Bug Fixes”. So. You’ll probably want those too.

MyGlass on Google Play

Updated: The next version of Android to be called “Kit-Kat”? Plus Nexus 7 Giveaway!

Here we thought we were all SO CLEVER thinking the next version of Google’s mobile operating system would be called “Key Lime Pie”.

Well fresh from the Twitters, Senior VP in charge of Android and Chrome OS Sundar Pichai just posted this tweet:

For those not hip to Google Android names, every major revision of the OS is given a tasty dessert name. Starting with version 1.5 we’ve seen Cupcake, Donut, Eclair, Froyo, Gingerbread, Honeycomb, Ice Cream Sandwich, and we’re currently on Jellybean. This marks the first version of Android to use a proper product instead of a generic dessert name.

On a personal note, Kit-Kats (especially authentic British imports) are one of my fave candies.

UPDATED!

It looks like Kit-Kat is getting in on the fun too. The pair just launched The Android KitKat page, and are hosting the story of Android’s development, and the journey which took them to 1 billion activations. To celebrate they’re giving away a Nexus 7 and Google Play credit.

Is it wrong that I kinda wish I could win a Kit-Kat?

Google has posted the video of KitKat Droid’s statue being unveiled at the Google campus. Watch out around 37 seconds into the video to catch a glimpse of what might be the next Nexus phone!

MORE UPDATES: the video below just went private! Looks like someone at Google finally noticed the leaked Nexus?

[youtube=http://www.youtube.com/watch?v=sMJ5APvE6uU&w=640&h=480]

HTC to update all variations of One to 4.3 by end of September?

ATT HTC One Mini software update jelly bean 4_3If you’re checking out HTC Phones on AT&T, you’ll notice something a little curious. Firing up the One Mini you’ll see it’s running Android 4.2.2, which is a newer version of the operating system than the flagship full-sized One which is currently rocking 4.1.2. One of the biggest changes in the update can be seen on the right. The notification tray quick toggles for things like WiFi, Bluetooth, etc.

The update for 4.2.2 is already live in the UK, much to the chagrin of some One customers in the USA. Support for Android handsets has always been a dicey conversation. The relationship between Google, manufactures, and carriers can often delay support to end users. This support gets even more contentious when some phones are updated but others are not.

Apparently the Verizon version of the One will ship with 4.2.2 pre-installed. President of Global Sales Jason Mackenzie took a couple minutes to respond to some of the comments on Twitter.

Minor though it may be, it does include some nifty usability improvements like that aforementioned notification tray update. When pushed on the timing of this update Mr. Mackenzie replied:

And hopefully that’s what we’ll see. The changes between 4.1 and 4.2 and 4.3 weren’t substantial enough for Google to even change the name of the update. They’re all called “Jelly Bean”. Yet this still gives customers the impression that some are being left out in the cold. That they aren’t getting bug fixes and patches. Not a great feeling to have when you supposedly have a premier handset.

As I’m currently using the AT&T HTC One, I’ll be following up on coverage as soon as some kind of update reaches us.

A Real Person Review: Mrs. GadgetGuy’s Thoughts on the Samsung Galaxy S4

galaxy s4 real person review somegadgetguy comparison long term (8)It’s important not to lose perspective when reviewing phones. You experience so many different devices that your threshold for “good” and “bad” gets severely fine. Occasionally I like to include other people on my long term reviews.

My wife Marie would never consider herself to be “tech savvy”, yet living in a household covered in glowing rectangles she does have some unique opinions on the technology she invests in. She’s spent some time playing with Samsung’s Super Phone the Galaxy S4. I asked her some questions about her experiences so far.

What phone/phones did you use before the GS4? Which have you liked? Which have you disliked?

galaxy s4 real person review somegadgetguy comparison long term (1)I’ved used the Blackberry, the Galaxy S2, the iPhone, and the Motorola Photon. I loved the Blackberry, but was soon totally addicted the the Galaxy S2. I know most iPhone devotees will disagree with me, but I found the S2 to be more intuitive to use than the iphone. The dedicated menu and back buttons really helped. I despised the Photon. It was an android, and had a hardware keyboard, so I thought I’d love it, but I didn’t. I never used the keyboard (it was too cumbersome). Despite resetting it and “turning it on and off,” I felt like it was really buggy much of the time.

Thoughts on build quality, design, and ergonomics of the GS4?

galaxy s4 real person review somegadgetguy comparison long term (9)The only issue I really had with the GS2 was it’s size. I have smaller hands and it felt huge. I’m told that the GS4 has a 5 inch screen and the GS2 only had a 4.5 inch screen and yet holding it in my hands, the GS2 felt really clunky. The GS4 feels really slim and it doesn’t cause people around me to ask if that is my “tablet”? It feels comfortable to hold and I can use it one handed (much easier when trying to answer the phone while walking the dog).

Just because I’m paranoid, I do keep a bumper on the phone, and I use screen protectors on all my phones. I want them to look proffesional when I have to use them at work.

How is the screen? Size good or bad? Have you used it for media or video?

galaxy s4 real person review somegadgetguy comparison long term (6)The screen is beautiful. I’m a big Netflix and Hulu watcher and the screen is really crisp and clear. I’m not bothered at all by the fact that it is a small screen because all the details are there to see. It’s replaced a lot of my tablet usage. It really is shocking compared to other phones I’ve used.

How does the phone perform? Has it locked or slowed down on you? App performance?

So far I have had none of the bugginess of the Photon. I use Google voice and it’s a pretty seamless transition. I haven’t had to “Turn it on and off again” to get things to work properly. I use pandora, google music, calendar apps, and the kindle app pretty regularly and I have had no issues. Also, since it’s an android, after updating the calendar on my phone, I can see and access those updates right away via any other device (desktop, tablet, etc). LOVE that.

Thoughts on the camera? What kinds of pics/video do you like to take? Does the GS4 camera accomplish that usage?

galaxy s4 real person review somegadgetguy comparison long term (3)I don’t really take a lot of pics and I’m not the photographer in the family (as I’m sure most readers are aware), so I can’t speak to all the various camera settings. I’ve tried a few, but wouldn’t be able to say if they made the picture better. I did notice this past weekend after taking a lot of pics in strange low-light, that most came out really well. In focus and clear.

Have you had an issues using WIFI GPS or NFC?

Sadly, I haven’t used the awesome NFC option yet. But I love knowing it’s there. I use Wifi pretty regularly and it’s easy and has always worked. It’s fast on our home cable internet connection. I’ve used several apps that would require GPS (Google Maps/Navigations, Waze, MyTracks, etc) and it has always been able to fire right up. It only has issues if I am not in a great signal area. So, not a problem with the phone.

How does the phone handle phone calls? Is the earpiece loud enough? Speakerphone?

Calls are clear. The speakerphone is loud enough to be heard clearly, but I prefer to use a headset option.

What do you think of the software that came pre-installed? Touchwiz UI? AT&T apps? Are menus easy to use/find? Settings?

galaxy s4 real person review somegadgetguy comparison long term (7)Menus are easy to find and use. I’ve played with them a bit more on this phone than any other because, again, they are pretty intuitive. I have not used any of the AT&T preset apps. I’ve been using the pre-installed keyboard and I have had no complaints. I like that auto-correct is not automatic. It offers a suggestion and I can choose that word if I want, but it won’t change it automatically.

It was easier going to the GS4 than trying out the Photon. There’s a ton more software on the GS4 than the GS2, but it looks “right”, like I know where everything is. I haven’t turned on gestures, but I like the eye tracking features. I keep my screen time out really short to save battery.

Speaking of, how has battery life been?

So far, I have been able to go all day with the phone without being worried about the battery. I do have to charge it every night, but that’s been pretty normal since leaving Blackberry.

galaxy s4 real person review somegadgetguy comparison long term (5)Any final thoughts? Do you enjoy using it? Does it feel like an upgrade over other phones you’ve used?

This phone definitely brings all the best aspects of the GS2, while fixing the minor issues I had with it. I have no complaints about this phone, and would definitely recommend it to friends and family. Especially if they are big Google app users. They work together so well.

Thanks Marie!