<![CDATA[Gawker: valleywag, copyfight]]> http://tags.gawker.com/assets/base/img/thumbs140x140/gawker.com.png <![CDATA[Gawker: valleywag, copyfight]]> http://gawker.com/tag/valleywag/copyfight http://gawker.com/tag/valleywag/copyfight <![CDATA[Google Forgot to Google Before Naming Programming Language]]> It would seem Google failed to effectively use its flagship service before rolling out its much-ballyhooed new programming language "Go:" Another language already had that name, and a significant profile on Google's own servers.

"Go!" creator Frank McCabe is up in arms over Google's "Go"; he's demanded the company change the name of its language so he doesn't have to chage the name of his own programming language, which "I have been working on... for the last 10 years. There have been papers published on this and I have a book."

Not only that, but a journal article on McCabe's creation is still in the top 20 hits for a Google search on "Go programming language" even days after the new language has polluted the results. And that book? You can look at the cover and "preview" much of the content over on Google Books, which appears to have scanned the whole thing in.

Google got two geek gods, Unix co-creator Ken Thompson and operating system pioneer Rob Pike, to design its new language. Maybe it should have enlisted some mere Google-using mortals to polish the language's branding.

[via Slashdot]

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<![CDATA[Old People Talking About the Internet: Rupert Murdoch Edition]]> Rupert Murdoch has revealed his secret plan for News Corp. to make money on the internet: Make News Corp. invisible, on the internet. Murdoch will leave The Google, rewrite copyright law, and teach you kids to stay off his lawn!

That's basically what he told his employee in a Sky News Interview, excerpted above:

Q: You could choose not to be on their search engine... so when someone runs a search your websites won't come up.


A: Well, I think we will... when we start charging.

This is certainly technically possible; all it takes is one correctly-placed text file to tell Google to ignore some or all of a website. And who knows, Murdoch's armies of lawyers and lobbyists might even succeed in effecting the other drastic change he mentioned: rolling back the entire doctrine of fair use, an interpretation of copyright law that allows the sort of quoting and selective reproduction of content that Murdoch's newspapers and TV networks engage in every day.

This isn't the first time Murdoch, 78, and his lieutenants have been made unfriendly noises about Google; they've recently attacked the search engine as a "parasite" with "promiscuous" users. This hostility must seem perfectly sensible if you're an old man who has your secretary find and print up Web pages on your behalf. But here's a pro tip, Rupert: Old media doesn't instant message those pages to your assistant's Twitter, via Blogger, on AOL. She just does what your newspaper reporters and Fox News producers and sales executives and tabloid editors and attack-dog flacks and mid-level accountants do all the time every day: Sticks a hot, throbbing search query into Google and gets busy with a bunch of strange website she doesn't subscribe to. Welcome to the internet.

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<![CDATA[Code Theft Allegations Can't Stop iPhone Bubble]]> Foursquare has raised its first venture capital investment, and it couldn't have been easy: There are persistent rumors the social networking company stole its code from Google. Plus, it wanted to invest the money in a domain name. Ooof.

Dot-com address acquisition is a dubious vestige of the first internet boom, when branding reigned supreme over profits and functionality, before entrepreneurs realized people would just look for them on Google. It was also Foursquare's first use of a $1.35 million investment from Fred Wilson's Union Square Ventures and O'Reilly AlphaTech; the software company tells Business Insider it couldn't have switched to foursquare.com from playfoursquare.com without the seed capital.

Investors obviously weren't deterred by the Google theft rumors, either. Some people inside the Googleplex believed Foursquare co-founder Dennis Crowley launched the iPhone service with code from Dodgeball, which Google bought from him in 2005 and then shut down. Crowley apparently told people at this year's South by Southwest conference the same thing, reasoning that Google wouldn't mind since it wasn't using the code anyway. It seems a safe bet that either Crowley was right or the rumors were wrong, since it's hard to imagine O'Reilly and Union Square Ventures sinking in money if Google were poised to sue.

The incentive to dispose of — or ignore — the issue would have been strong; the iPhone bubble is fast inflating, and your typical venture capitalist hates to be left out of a good hype cycle.

(Pic: Crowley, by See-ming Lee)

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<![CDATA[Drudge Death Panel Murders iPhone App in Stalinist Snafu]]> Just as we suspected he would, Matt Drudge demanded Apple kill iDrudge, the iPhone app created by a fan to read his website. But the right-wing protoblogger then reversed himself in a stunning flip fliop. Siren time!

It seems 42-year old Drudge, who spent many of his early years publishing on AOL, misunderstood the fundamental technology behind iDrudge. He thought the app was reading a pirated copy of the Drudge Report running on someone else's server, app creator Joseph Nardone told iPhone Savior. When it was explained to him that the app just downloaded the Drudge Report from Drudge's regular servers, and neatly reformatted it, he emailed Apple and asked for the app to be reinstated.

At the moment, the app still has not returned to App Store; Apple's approval process can take weeks, so Drudge's initial email is probably seriously cutting into Nardone's income, considering that iDrudge was once the store's number one news app. Imagine: Something inaccurate, written by Matt Drudge, causing people grief. Unprecedented.

Apparently Drudge is not bothered by the lack of advertising on the iDrudge app; as Nardone wrote in a comment we just now saw and approved under our original post, Drudge himself offers an ad-free mobile version of his site:

Hi:

Thanks for the publicity. The intent of the iDrudge Drudge Reader app was not to remove advertising from the Drudge Report. The Drudge Report already has a version with no ads at iDrudgeReport.com. The intention of the iDrudge Drudge Reader was to allow people who would not otherwise be able to view the Drudge Report on an iPhone due to the inconvenience of using the Safari browser to view the site. This should actually increase the traffic to the Drudge Report site and increase it's ability to attract revenue. The iDrudge Drudge Reader is merely a specialized web browser that is preset to view the Drudge Report.

Sincerely,
Joseph Nardone

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<![CDATA[Reuters Implores AP to 'Stop Whining']]> Huzzah: A president at newswire operator Thomson Reuters says traditional journalism is not actually being strangled by Google, blogs and the rest of the internet. And that anyone who thinks so — *cough* AP *cough* — should get a grip.

Thomson Reuters' media group president Chris Ahearn recently tweeted that his company "stands ready to help those who wish an alternative to the AP," the Reuters competitor that has proclaimed it is "mad as hell" at various internet fiends. AP is trying to charge people for quoting as few as five words of its content.

Ahearn has elaborated on his "alternative" in a blog post, writing that too many traditional media organizations waste manpower "recycling commodity news" and that they should instead seek to retool, including by forging a new "win-win relationship" with new media. The executive dispenses bluntly with those who would point the finger, like AP:

Blaming the new leaders... or saber-rattling and threatening to sue are not business strategies – they are personal therapy sessions. Go ask a music executive how well it works... Let's stop whining and start having real conversations.

It sounds like Ahearn has started just such a "real conversation" himself. TechDirt has already blogged back. And Reuters is even authorizing bloggers to "hyperlink" and excerpt its side of things, as God and the U.S. Code intended. Imagine that.

(CORRECTION: This post originally stated that Ahearn was president of all Thomson Reuters; in fact he is president of the firm's "media group.")

(Pic: Reuters)

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<![CDATA[You Must Pay AP to Quote Thomas Jefferson]]> Thomas Jefferson's compositions are in the public domain, but Boing Boing discovered the AP's licensing system demands $12 to quote 26 of the American statesman's words. To think the wire service only began tinkering with ridiculous fees last year. Innovative!

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<![CDATA[Online News Theft a Truly Teeny-Tiny Problem]]> The Wall Street Journal is up in arms about it; the Associated Press is building a robot army to fight it. But it turns out online news piracy is at most a $250 million-per-year problem. Just how small is that?

About seven-tenths of one percent of total 2008 newspaper ad revenue of $38 billion. And that's assuming the worrywarts are correct; the $250 million number was provided to the New York Times by the CEO of an anti-news piracy startup Attributor which has an interest in over-estimating the size of the problem.

So solving the piracy problem overnight would do basically nothing to fix the news industry's woes, financially speaking. Strategically, it wouldn't help much, either, since sites that illegally copy wire stories tend to be very low-stakes operations, usually Google spammers trying to make small change via AdSense (see Wired's explanatory chart). More dangerous to newspapers is the explosion in Web outlets that give news without infringing on copyrights (with the possible exception of the Huffington Post, which could stand to dial back its "excerpting" a notch).

UPDATE:Recently departed nytimes.com general manager Vivian Schiller, now at NPR, tells Newsweek that "news is a commodity:"

I am a staunch believer that people will not in large numbers pay for news content online. It's almost like there's mass delusion going on in the industry-They're saying we really really need it, that we didn't put up a pay wall 15 years ago, so let's do it now. In other words, they think that wanting it so badly will automatically actually change the behavior of the audience. The world doesn't work that way. Frankly, if all the news organizations locked pinkies, and said we're all going to put up a big fat pay wall, you know what, more traffic for us. News is a commodity; I'm sorry to say.

(Disclaimer: Attributor CEO Jim Pitkow once headed Moreover, the syndication company co-founded by Gawker Media chief Nick Denton.)

(Pic via Ioan Sameli)

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<![CDATA[AP to Finally Invent Indexing of Text on Internet]]> This is great: The Associated Press is going to set up a "news registry," so it can finally tell where its text content is, on the internet. What a fresh concept! But the revolution doesn't end there.

The AP has also invented an amazing new "microformat," a digital wrapper for its online stories. The format will magically unearth journalistic misconduct and prevent anyone from using news in a way not pre-authorized by AP.

For example, the format preemptively warns people not to steal content, in case they were thinking about it.

It also provides the AP with an automated way to tell people when its stories are plagiarized, when the quotes are made up, and when a direct conflict of interest has been added to the story. How convenient and pracical! Here's how this will look, according to a promotional slideshow:





Finally, someone has invented a technology that allows plagiarists and cheats to confess their crimes in an automatic fashion. We predict this will work brilliantly, with no unforseen complications to inhibit its inevitable widespread use and adoption.


We've criticized the AP for knowing fuck all about the internet, blogging, and just generally relating to sentient human beings, but we have to hand it to the wire service: After changing how the world uses social media, embeds YouTube videos and sees Google, AP has done it again. We'll never look at AP news quite the same way.

(Top pic via)

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<![CDATA[The Jailhouse Assault Dreamed Up by Angry Tech, Media Companies]]> The image associated with this post is best viewed using a browser.So the copyright wars have come to this: Incensed over rampant online file sharing, some of the largest software and media companies show how copyright violations can get you brutalized in jail. Subtle.

Also, the kid's poor mom is run down by police and hauled off to jail. The video, posted to YouTube, is so over the top we thought it might be a parody, until we saw it touted on the website of its purported author, the Software & Information Industry Association.

SIIA members include old-media firms like Dow Jones, Thomson Reuters and McGraw Hill and software companies like Adobe and Oracle. We couldn't find Microsoft listed as a member, but we're starting to suspect SIIA pirated a page out of the company's hapless advertising playbook.

Highlights above; full video below.

The image associated with this post is best viewed using a browser.The image associated with this post is best viewed using a browser.

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<![CDATA[Embedding a YouTube Video May Cost You a Bundle in ASCAP Bills]]> Fresh off a court victory against Google's YouTube, ASCAP tells us it is setting its sights on users of the video-sharing site. Welcome to the exciting world of copyright licensing, blogger; you may already owe gobs of money!

ASCAP licenses the performance rights for music, collecting royalties for its songwriter members when their songs are played in certain contexts.

Those contexts now include a YouTube video embedded on your blog or website, assuming your site is not "purely" non-commercial and is deemed large enough by ASCAP. The group just sent a collection letter to internet entrepreneur Jason Calacanis (pictured) for YouTube videos embedded on his Mahalo reference site. Based on what the group told Valleywag, other startups should be worried:

ASCAP does not offer licenses to – or require licenses from – those who simply make their personal blogs available on purely noncommercial Web sites. Mahalo.com is a larger venture than simply a personal blog, and therefore ASCAP is engaged in discussions with Mr. Calacanis concerning the use of ASCAP members' music on the site.

ASCAP sent collection letters to other website owners in the spring; YouTube told recipients to refer the group back to YouTube. But then a judge ruled Google owed ASCAP $1.6 million while a court fight between the two sides over licensing drags on. At some point, website owners are going to start wondering how much longer Google will offer to handle all the legal complaints over YouTube embeds — and just how many songs they've embedded over the years and now owe royalties on.

(Pic: by David Sifry)

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<![CDATA[Facebook Disappears Legal Problem]]> The image associated with this post is best viewed using a browser.Facebook settled a long-running trademark suit from Aaron Greenspan (pictured), the Harvard student whose "Universal Face Book" system predated Facebook and was used heavily by its founder before he publicly branded his own social network. Greenspan is just the latest mess Facebook has tidied up.

Greenspan's suit argues he originated the company's name and that the company's trademark is thus invalid. It's been in court for six months. The company has resolved the case just as it prepares to buy out employees antsy to cash out their shares and as it raises new funding to provide a "buffer" against the economy.

It's especially nice to resolve those sorts of problems if you're going to IPO, as Business Insider notes. And while we're not questioning founder Mark Zuckerberg's sincerity when he says the company won't go public for several years, at this rate we wouldn't be surprised if it happened sooner.

(Pic via Think Computer)

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<![CDATA[If You Steal His Books, Stephen King Will Mock You]]> Writers are getting mad as hell about digital versions of their books getting pirated online. Ursula K. Le Guin and Harlan Ellison will sue you. But we like horror mogul Stephen King's approach: insults!

Asked about digital piracy, King emailed Motoko Rich of the New York Times:

The question is, how much time and energy do I want to spend chasing these guys. And to what end? My sense is that most of them live in basements floored with carpeting remnants, living on Funions and discount beer.

Or reading novels by Cory Doctorow, the Boing Boing blogger with a little-known sideline in fiction. Doctorow doesn't mind if you copy his books — in fact, he gives them away. To guys living in basements floored with carpeting remnants, living on Funions and discount beer.

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<![CDATA[Wacky Discovery Founder Sues Amazon.com over Kindle]]> Discovery Communications, the owner of cable channels like FitTV and Animal Planet, is suing Amazon.com, maker of the Kindle, over an electronic-books patent taken out by its founder and CEO, John Hendricks, years ago.

Why is a cable company dabbling in the e-books business? Aside from running Discovery, Hendricks has long played at being a part-time inventor. In 1999, he and two co-inventors filed for a patent, granted in 2007, on an "electronic book security and copyright protection system" which included "a portable book-shaped viewer is used for secure viewing of the text."

Sounds like Hendricks might have a case against Amazon.com, whose Kindle is widely viewed as the first e-book reader with commercial promise. But why does he care? The answer may lie in another patent Hendricks registered, which describes a system for transmitting e-books over "video signals" — an apparent reference to cable-TV systems. Discovery styles itself as a "nonfiction media company." Either Hendricks fears Amazon getting a lock on the nonfiction market. Or perhaps he's just wasting corporate resources to bolster his reputation as an inventor.

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<![CDATA[Is the New Foursquare Too Much Like the Old Dodgeball for Google?]]> Even though Google killed Dodgeball, Dennis Crowley reassured the socially inept that they'd still be able to find their friends at bars with his newly launched Foursquare. One problem: it may not be his.

Foursquare bears an unmistakable resemblance to Dodgeball, a cell-phone-based friend-finding service Crowley launched in 2004 and sold to Google in 2005 for an estimated $40 million. Crowley worked at Google for two years afterwards. And his former employer may be getting ready to take legal action, if a tipster is right:

The GOOG has reason to believe that the recently launched location-based service startup Foursquare went live using server code that originally powered Dodgeball. A cease and desist order might be sent out to the service as early as this week. An engineer named Harry could also face some additional discipline.

Dodgeball worked by having users check in via text message when they arrived at a location like a bar or restaurant, and broadcast the user's whereabouts to friends — a precursor of Twitter, in some ways, but focused on people's whereabouts. Google ended up killing Dodgeball (a smart move) but launching a similar service called Google Latitude.

Foursquare's added twist: It turns hanging out with friends into an interactive game, with users racking up points for going out. It also has some au courant features, like an iPhone app and integration with Twitter — the kind of thing any Web app needs to be hip these days. But according to an engineer familiar with Foursquare, its back end appears to bear a strong resemblance to Dodgeball's.

Crowley quit Google in 2007, complaining that Google had stifled Dodgeball. One rumor floating around has it that he tried to buy it back from Google, without success. So it makes sense that he would want to relaunch it, and might feel entitled to use the code he wrote, since Google abandoned it.

It also makes sense that he would have help from the inside. The "Harry" the tipster mentioned is almost certainly Harry Heyman, a Google engineer. Heyman was caught by surprise by his employer's announcement of Dodgeball's shutdown. In January, Heyman wrote on his LiveJournal:

Don't fret too much about not having a tool like this to use when dodgeball gets turned off. Like you, I'm pretty unimpressed with most of the other current offerings, but I know of a couple soon-to-be-released things in the works. Keep an eye out, and we'll all find a new home that suits our needs just fine.

But that's the hitch: Google already paid Crowley for the code, and even though it's not being used, Google's lawyers would reasonably want to disabuse startup founders of the notion that they can sell their startup and have it too.

Crowley and Heyman have not yet responded to emails asking for their side of the story. A Google spokeman promised to look into the matter but has not yet offered comment.

Now would be the perfect time to strike, with Crowley at the South By Southwest Interactive conference in Austin, Texas, surrounded by his friends and fans, many of whom have signed up for Foursquare.

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<![CDATA[TMZ Fights for Its Right to Give Away Octo-Mom Pics]]> So, how did those photos of Nadya Suleman's horribly distended, octuplet-carrying belly get out into the world? They were licensed to TMZ (presumably by Octo-mom herself), which wants to drum up publicity and traffic.

This occurred to us after a top lawyer at TMZ's owner sent out an all-caps email screaming about the online tabloid's exclusive rights to photos of Nadya Suleman's distended octuplet-carrying belly.

Until now, we hadn't run said pics. Uh, WTF? So we called up the nice folks at TMZ and asked them what was going on. They say a photo agency called Polaris Images had been selling the Octo-mom pictures, even though TMZ had an exclusive license.

The unconfirmed scuttlebutt is that Suleman's own publicist may have given the photo to Polaris. To what end? Generating more publicity for her widely hated client? The motive isn't clear (if that's even how it happened). Peter Bolioli, Polaris's general manager for news, did not return a phone call, but a TMZ representative said Polaris stopped selling the photo after the site's request.

What's even odder: TMZ generally doesn't charge money to license its pictures to other sites; it just asks for credit and a link, in exchange for the publicity. (We get emails from TMZ all the time promoting stories in this fashion.) So what you have here seems to be a lawyer sending out an ANGRY, ANGRY email to enforce TMZ's rights to give away photos. Don't you love the Internet?

NOTICE OF TMZ'S EXCLUSIVE RIGHTS TO NADYA SULEMAN'S PREGNANCY PHOTOS

THIS IS TO ADVISE YOU THAT TMZ IS THE COPYRIGHT OWNER OF TWO PHOTOGRAPHS OF NADYA SULEMAN (THE "PHOTOGRAPHS") ATTACHED HERETO AS EXHIBIT "A" THAT TMZ FEATURED ON ITS WEBSITE AT www.tmz.com/2009/02/12/octomom-it-was-a-very-goodyear. IT HAS BEEN BROUGHT TO OUR ATTENTION THAT A THIRD PARTY HAS BEEN WRONGFULLY DISTRIBUTING THE PHOTOS WITHOUT TMZ'S CONSENT.

ANY TELEVISION BROADCAST OR INTERNET USE OF THE PHOTOGRAPHS RECEIVED FROM PARTIES OTHER THAN TMZ WILL BE CONSIDERED AN INFRINGEMENT AND VIOLATION OF TMZ'S VALUABLE EXCLUSIVE RIGHTS AND WILL EXPOSE THE INFRINGER TO SUBSTANTIAL MONETARY DAMAGES.

WITHOUT TMZ'S LICENSE OR PERMISSION, YOU DO NOT HAVE PERMISSION TO USE ANY PORTIONS OF THE PHOTOGRAPHS ON TELEVISION, IN ANY PRINT MEDIA, ON THE INTERNET, OR OTHER ONLINE SERVICE OR INTERACTIVE MULTIMEDIA TRANSMISSION, OR IN ANY OTHER MEDIUM.

________________________________

David J. Decker
EVP, Business & Legal Affairs
Telepictures Productions Inc.

(Exclusive photo exclusively via TMZ.com, exclusively)

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<![CDATA[Australia Bombs at File-sharing Box Office]]> Australia: the movie too bad to pirate online. [IMDB]

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<![CDATA[Why Disney's funding Chinese pirates]]> If Chinese viewers want to watch Disney's Hannah Montana — no accounting for global tastes — they can do so on 56.com, an online-video site akin to YouTube. The show is pirated. But does Disney really mind? Its startup-investment arm, Steamboat Ventures, put money into 56.com two years ago.

Eric Garland, CEO of an online piracy research firm, told the Wall Street Journal Disney's investment in 56.com is "ironic" and "shocking." John Ball, Steamboat's managing director, says the company invested in part to help 56.com curb pirated videos. But 56.com is just one of six Chinese companies in Steamboat's portfolio, all of which aim to distribute movies and videogames online.

And that's the dirty secret of Disney and other media companies. They don't ultimately care about shows like Hannah Montana. What matters is their channels of distribution, through which such evanescent fare courses — and 56.com promises to be another one. Viacom isn't suing YouTube for $1 billion because it's upset about piracy. It's upset about piracy happening on a channel it doesn't own.

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<![CDATA[Guy who screwed up BitTorrent leaves BitTorrent]]> BitTorrent cofounder and president Ashwin Navin is leaving the company. He has plans for a startup incubator in San Francisco's Mission District. Good! That means he'll be screwing up far less consequential companies from here on out. Navin deserves credit for persuading Bram Cohen, the creator of the BitTorrent file-sharing protocol, for building a company around it. But that's about it.

Navin wasted years and millions of dollars trying to turn BitTorrent Inc. into a competitor to Apple's iTunes store. He struck splashy deals with Hollywood studios by paying them large upfront guarantees, which depleted BitTorrent's bank account but got Navin into the right parties. Meanwhile, BitTorrent's other line of business, which used file-sharing technologies to deliver content more efficiently for corporate customers, suffered from lack of focus, and more established competitors like Akamai moved in. Sometimes losing a founder is bad for a company. In this case, it's nothing but good.

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<![CDATA[Viacom turns MySpace bootlegs into an advertunity]]> A year ago, Viacom sued YouTube for one billion dollars, claiming YouTube was not blocking uploads of copyrighted Viacom material from Comedy Central, Nickelodeon, MTV, VH1 and others. Today, MySpace will join YouTube in running ads targeted to Viacom-owned clips, instead of deleting them. Auditude, a Palo Alto startup, provides the software that identifies Viacom-owned content. Remember when musicians believed all advertising was evil? Now, I'm looking forward to seeing a Big & Rich ad targeted against another Big & Rich ad, overlaid by another Big & Rich ad for a Big & Rich ad I haven't seen yet. Collect them all!

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<![CDATA[Muxtape creator explains how to be an overnight failure]]> Justin Ouellette's music trading site Muxtape, shut down after failed talks with the RIAA, the music labels' copyright cops, may not have earned him a fortune. But it has secured him a modicum of infamy. He got invited to speak earlier this week at the WebbyConnect Summit in Laguna Niguel, explaining to others on how to replicate his overnight success with making a website deeply popular with Brooklyn's most outspoken Internet users. As Ouellette elaborates in this interview, the key is to just make up something that people want. Guess what? Just because people want free music doesn't mean you can give it to them. Ouellette never figured that part out.

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