<![CDATA[Gawker: valleywag, iac]]> http://tags.gawker.com/assets/base/img/thumbs140x140/gawker.com.png <![CDATA[Gawker: valleywag, iac]]> http://gawker.com/tag/valleywag/iac http://gawker.com/tag/valleywag/iac <![CDATA[Ben Silverman's New College Buddy]]> As an NBC chairman, Ben Silverman once mingled with true media titans. But now the fallen mogul rolls with a different crowd; we hear he's besties with CollegeHumor editor-in-chief Ricky Van Veen. Now they might be in business together.

Ad Age reports (via) that Silverman might take over CollegeHumor at the behest of Barry Diller, who bankrolls both CollegeHumor and Silverman's new online venture. Van Veen, meanwhile. is transitioning out of CollegeHumor and into his own Diller-funded media startup, Notional, which sounds a lot like Silverman's Electus (both have something to do with online video production).

We're told Silverman and Van Veen have been working very closely together and talking to each other every day. Perhaps a grander merger is in the works that would combine Electus, Notional and CollegeHumor into one venture. Silverman may have been ousted from old media, but he could still be lord of the new media flies. Especially within a venture that actually celebrates a refusal to mature, an inability to grow emotionally and a proclivity for partying to excess. Those are Ben Silverman's specialties, right there.

(Pics: via Getty, Webbyist)

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<![CDATA[Barry Diller Just Bought This Kid a TV Studio]]> At the ripe old age of 28, Ricky Van Veen is finally putting CollegeHumor.com behind him. He's leaving the site he co-founded and starting a production company called Notional. But the young man remains in Barry Diller's well-padded nest.

Diller will play sugar daddy to Notional; the IAC chairman will fold it into his ConnectedVentrues division, alongside CollegeHumor.com. The video content will be similar — cheap to make, zeitgeisty — but on television proper rather than the Web. Read: Potentially more lucrative. Reports PaidContent:

The focus will be unscripted programming, broader than comedy aimed at young males that they have been known for, and will include all genres.

Van Veen will report directy to Diller. The elder mogul has run Paramount, Fox and USA Broadcasting and no doubt relishes the chance to bestow his knowledge on an adoring young acolyte. One imagines Diller might become something of a father to Van Veen. Or perhaps more like a stepfather.

(Pic: Van Veen, by Nick Gray)

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<![CDATA[Barry Diller Will Cater to Very Specific Sexual Tastes]]> The image associated with this post is best viewed using a browser.After pawning off his highbrow cultural shopping newsletter on the New York Observer, what does Barry Diller buy? Sites for people with fetishes for the "Big and Beautiful," Black Baby Boomers and Italians. Diller, after all, knows from picky. (Pic)

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<![CDATA[Typo, Filler Ad, Mainstream Movie Herald New York Observer's Second Very Short List]]> How is shopping newsletter Very Short List doing on the second day under the New York Observer's ownership? Poorly enough to motivate mogul wannabe Jared Kushner to hire some dedicated staff, perhaps.

Kushner's assigned an Observer staffer to put out the newsletter, on top of her regular duties, for no extra pay. Insane! Which is why we don't blame said staffer for the mangled subject line on today's VSL — or for any of its other issues with the second VSL mailing of the Observer era.

We also noticed the newsletter is back to running ads for Design Observer, the blog we're told is run by VSL founder Kurt Andersen's friends and thus likely not forking over much, if any cash for VSL exposure. Presumably the Observer sales staff is hard at work finding new advertisers.

Finally: A plug for Two Lovers, a hidden gem of a movie that's barely been reviewed in all the major papers and features an up-and-coming young actor named Joaquin Phoenix. Welcome to the "smart set!"

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<![CDATA['The Observer's Very Short List' Proudly Brought to You by the New York Observer]]> The first edition of email newsletter Very Short List is out for the first time under the control of New York Observer publisher Jared Kushner. What advertiser do you think he lined up?

Why the New York Observer itself! The high-brow culture newsletter has been, as was expected, renamed "The Observer's Very Short List," though the art at the top obscures that banner change.


Confirming our earlier reporting, IAC officially announced that the New York Observer will take over Very Short List. Despite its all-star founders, the email shopper reportedly sold cheap.

Observer owner Jared Kushner picked up VSL for somewhere under $1 million, a source tells the New York Post. In comparison, Daily Candy, which inspired VSL, sold last year for $125 million. The sales price must vex the VSL founding team Barry Diller (of IAC), Kurt Andersen (of Spy and New York) and Michael R. Jackson (the British television producer). On the other hand, at least they didn't have to shut the thing down.

The Post put Kushner's stake at 80 percent. Kushner told the Post he planned to shut down VSL's niche spinoff lists, like "VSL:Science," and concentrate on trying to make money off the core property, which will be renamed "The Observer's Very Short List." Kushner's not sweating that fact only one-fifth of subscribers are said to open their copies of VSL:

Kushner declined to comment on VSL's open rate, but said that it was above industry average and compared favorably to peer group newsletters like Daily Candy, Thrillist, and Flavorpill.

Of course, unlike the new VSL, those lists have the advantage of being published by more than half a staffer.


(Pic: Rubenstein)

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<![CDATA['Very Short List's Been Sold To Jared Kushner, We're All Fired.']]> The image associated with this post is best viewed using a browser.A source writes in: ink on the long-rumored deal selling IAC property Very Short List to Jared Kushner and The New York Observer's dry. VSLers have been fired, and the property's clumsily fallen into the Observer's hands, now. Update: confirmed.

The deal slinging Barry Diller's attempt at reaching for some of that Daily Candy scrilla, Very Short List, was officially finished around Thursday night, we hear. Brief history: Diller, pissed on missing out on some of that email-blast money that he thought would be a shoo-in for solid ad sales with Daily Candy, decided to form a literal, cultured, once-a-day mailer for high-minded consumers to read. Diller, ever fond of his media buddies, got Spy-founder Kurt Andersen to jump on board. And it was highly enjoyable!

But then they didn't make any money off of it, and had to find an easy mark to unload it on. Enter New York Observer boy wonder Jared Kushner, stage left. Cut to: Thursday night. Six full-time VSL employees are given notice to pack their boxes, and get their shit out, as Friday would be their last day. After a messy, messy ordeal. A (now former) IAC employee writes in:

Timeline: We get a bunch of emails Thursday morning. At 10AM, the GM said he might have news (at 6PM, that news would finally be delivered). Someone else said that the deal had already gone through, and that it was finally over. And yet someone else said that we still had assignments for the next week, so it would stretch for another week. And then we heard that the person who was supposed to take over at the NYO had been fired the week before in their bloodbath. So nobody knew anything. Thursday night, the news came through. Our last day was Friday, after SIX WEEKS of being told we were going to be laid off. The worst part: some of us were on the phone with the NYO's people on Friday, trying to teach them how to do our jobs.

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

Very Short List recently won a Webby Award! :)

But now Observer staffers - who're probably a little overworked since a grip of their most able colleagues were fired - are going to be running Very Short List. :( So who knows what's actually going to happen to the mailer, or what the Observer plans on turning it into.

Most people familiar with the deal are pretty shocked by it, and by how easily Kushner was rolled on this one. The fact that the young mogul thinks he can make money off of VSL where Diller - with all of his resources - didn't is pretty incredible, and rather audacious. Lesser so is the fact that Kushner just fired a stable of some of the most able writers in New York, possibly capable of turning the Observer's web presence into a viable product. Right before acquiring VSL, something - again - actually proven not to make money.

Among other problems IAC had with Very Short List: the only people who have time to look at some bullshit emailer telling them what to read are broke writers like me, who don't have the money to spend on advertisers' products. Besides which, I already know what book I'm buying next week, because I have the time to figure it out. The high-minded, high-income consumers VSL originally set out to target are actually out there earning money, and are too busy to look at an email telling them how to spend it (besides which, they can typically suss that kind of thing out for themselves). So instead VSL had to depend on a niche audience, and at last count, that was only 200,000.

No telling how many people are going to hit that "unsubscribe" link over the next few mornings as VSL does (or doesn't) begin to hit their in boxes, quality control of the thing in check, or otherwise. For that matter, The Observer's daily mailer, too.

Update: Just found out that Sara Vilkomerson, a onetime VSL editor, will be working on the product at the Observer, where she already is. She'll be working on it there on top of her current responsibilities for no additional pay. And an email, sent to 30 or so VSL staffers, stringers, etc. that went out today:

Dear Team VSL:

Needless to say, this has been an intensely bittersweet week. Last Monday we picked up our Webby, which was the sweetest part, and testament to how inspired your work has been. Tomorrow, The New York Observer is taking over majority control and day-to-day management of VSL from IAC. Unfortunately, as part of the transition, they will not be taking any of VSL's existing staff. But as this extraordinary team disperses, we wanted to tell you how incredibly grateful we are for everyone's great work and dedication to this project. We are very proud of it, and aware of just how hard everyone has worked.

We're also pleased that Very Short List will endure — and sincerely hopeful that it can maintain the remarkable standard of excellence established by all of you, so that our 200,000 subscribers will continue being uniquely surprised and enlightened and entertained every weekday.

Thank you. And let's raise a glass together soon — date and place TBD.

Kurt Andersen, Gary Foodim, Michael Jackson, Emily Oberman and Bonny SIegler

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<![CDATA[The Very Long Con of a Very Short List]]> The image associated with this post is best viewed using a browser.Barry Diller's effort to pawn off Very Short List, his failed shopping newsletter for the rich, is turning into a classic New York media folly — a big drama over a puny digital property.

Very Short List was, from the beginning, an act of hubris. In 2007, Diller failed to buy Daily Candy, losing out to former AOL executive Bob Pittman. So the IAC chairman decided to round up some buddies and start and shopping list of his own. If Dany Levy could make a mint, why couldn't they?

Besides, VSL would be highbrow where Daily Candy was mass market, targeting a "smart set" of billionaires looking for a shortcut to cultural literacy. Diller is said to have seeded the list with own rich friends, but the early results were unimpressive, at least from a media standpoint: The list reportedly had collected just 20,000 subscribers.

By last year it was up to 100,000 subscribers; now it's 200,000. No matter: It's widely believed a dud, with no real revenues to speak of. Diller needs to dispense with VSL. Which means he needs, as P.T. Barnum would put it, a sucker. Luckily, he may have found one.


A quick sketch of the characters in this shakedown:


The image associated with this post is best viewed using a browser.Barry Diller - The wily old ringleader. A consummate dealmaker who got the better of his evil master John "Darth Vader" Malone in a court fight over IAC. VSL was once his favorite toy; he once told a reporter, ""Without Very Short List, I would be much diminished." But he's moved on. He's putting $18 million into the Daily Beast, his new favorite toy.


The image associated with this post is best viewed using a browser. Michael Jackson, the legman. A highflying television executive in Britain, Jackson has been vexed by the failure of VSL.A sale would help Jackson save face. After all, he co-founded VSL and has overseen it at IAC.

Yes, VSL has 200,000 email addresses. But one source tells us only 40,000 of readers open a typical mailing. And Jackson would appear to have fallen out with Diller, losing his title as IAC's president of programming right around the time Tine Brown came on board for the Beast. We hear his remaining portfolio at IAC consists entirely of VSL.


The image associated with this post is best viewed using a browser.Kurt Andersen, the pretty girl (a.k.a. the bait). Like Diller and Jackson, Andersen was also a founder and also wants to save face. But he has a unique asset: His experience as a founder and writer at places like Spy, New York, the New Yorker and Inside.com help make VSL — or at least a meeting with VSL — attractive to prospective rubesinvestors or buyers.


The image associated with this post is best viewed using a browser.Jared Kushner, The Mark. The 28-year-old media mogul came into possession of the New York Observer just as the newspaper industry entered its death throes. He's rumored to be in talks with Diller about a joint venture.

While Kushner is likely impressed with VSL's 200,000 subscribers, he should ask IAC for specifics about the list's "open rate" — the number of subscribers who actually read it. Then, if he still wants to buy after learning only a fifth of readers do so, he should ask about those frequent ads from the blog Design Observer. Run, we hear, by Andersen's friends, the site is unlikely paying much, if anything, for the spots.

It might just be too late: Observer scuttlebutt has it that the "joint partnership" would amount to the newspapers' remaining staff writing the VSL. In that case, chalk another one up for Diller, an operator no more ruthless than his New York peers would expect him to be.

(Michael R. Jackson pic via Cityfile; top Diller pick by Esther Dyson on Flickr.)

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<![CDATA[Barry Diller's Not-So-Exclusive 'Very Short List']]> Very Short List has been a favorite bauble of Barry Diller since the IAC chief established it nearly three years ago, after failing to buy Daily Candy. He envisioned VSL as a smart, tidy newsletter. But it looks worrisomely distended.

The email publication appears to have been bulking up dramatically. When last we checked it had 20,000 subscribers, too few to get much attention from advertisers. A year ago, VSL contributor Kurt Andersen told Charlie Rose it was up to 100,000 subscribers.

We checked in today with VSM general manager Gary Foodim, who says the list is up to 200,000 subscribers.

Tenfold growth is a commendable achievement for a list that targets a "smart set" of well-to-do would-be sophisticates. The question is whether VSL still has any claim on that set or whether, as we hear, the list has been diluted with users from other IAC brands, resulting in an open ad rate surprisingly low for a database of upscale consumers. One anecdote making the rounds even says that Diller's friends have abandoned the service; of 25 buddies he used to seed the VSL list, all but one is said to have unsubscribed.

Apparently retaining at least some highbrow airs, VSL hasn't responded to our request for comment on that scuttlebutt.

But it's easy to imagine that Diller, who once said he would be "much diminished" without VSL, has moved on. Rumors that he wants to offload the site have been rife this year. Now VSL is said to be in talks with Jared Kushner's ailing New York Observer. And Diller would appear to have a new favorite toy, judging by the $18 million he's feeding into the bonfire that is Tina Brown's Daily Beast.

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<![CDATA[Ticketmaster lays off an estimated 1,000 employees]]> The layoffs are moving up the food chain, from the startups to the larger tech beasts. FuckedStartups writes that Ticketmaster is laying off 35 percent of its 3,000-plus staff, which squares with other reports I've heard. Ticketmaster is besieged with competition from concert promoter LiveNation, and was recently spun off by IAC. If I had to bet, I'd say these cuts have as much to do with removing the layers of cruft which accumulated under years of flitty mismanagement by IAC CEO Barry Diller as they do with the economy.

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<![CDATA[Tina Brown to waste $18 million on Daily Beast blog]]> Strip away the disclaimers, the Manhattan-media insideriness, the me-me-me from Simon Dumenco's report in AdAge on the Daily Beast, the Tina Brown-led news-aggregation website backed by Barry Diller's IAC Internet conglomerate, and you get these staggering figures:
An IAC insider ... tells me that it was budgeted, at least initially, to burn through $18 million in three years, with (wildly optimistic) hopes for advertising revenue of at least $10 million in that same time. More than half of Tina's 20 or so full-time staffers were budgeted to earn $100,000 or more a year.

Got that? Tina Brown's website will spend $28 million over three years. No wonder they call it a "beast." I thought blogs were supposed to be run on the cheap. (Photo by New York Magazine)

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<![CDATA[Barry Diller blames investors for IAC stock price]]> Buried in a Wall Street Journal interview with Barry Diller, CEO of the ever-shifting Internet conglomerate IAC, which owns Ask.com and some other websites, was a nugget of insight revealing what Diller thinks of the people who invest in his company. Asked about IAC's stock performance, he replied:The truth is the market made judgments, and the recent judgments have been poor. There were legitimate reasons for that. Now, there are operating facts about this company that are irrefutable: It has revenue, it has earnings, it has a lot of cash and no debt.

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<![CDATA[Is Ask.com feeling lucky?]]> Ask.com's latest revamp, unveiled by CEO Jim Safka to the New York Times, attempts to dive deeper into the Web, pulling "structured data," a fashionable buzzword, from sources like TV listings and health databases. Give Barry Diller's scrappy search engine, owned by his IAC conglomerate, this much: When at first it doesn't succeed, it tries, tries, tries again. But you can't blame the market, or users, for finding all this trying, well, trying.

Safka's example — a search for the popular tween star Miley Cyrus which yields TV listings for her Hannah Montana show — looks convincing, at first glance. Neither Yahoo nor Google show TV listings in the first page of search results. But Googling "Miley Cyrus TV listings" readily pulls up a page on TVGuide.com.

Ask.com's strategy relies on the notion that a small team of engineers and product managers can guess what users want, find the right databases to pull the information from, and assemble it more effectively than the dominant search engine's algorithms. It's a romantic notion of man vs. machine. But I seem to recall John Henry died at the end.

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<![CDATA[Barry Diller's finance site: "Completely pointless"]]> FiLife, a personal-finance site backed by IAC and the Wall Street Journal, is struggling, according to one ex-employee we eavesdropped on at the City Bakery, a coffeehouse in Manhattan's Flatiron neighborhood, as she interviewed for a new job. "The business model completely changed," she said. "It used to be personal finance for people in their 20s and 30s. Now it's just completely pointless." An embittered writer? Perhaps. FiLife hired a batch of journalists, only to switch gears shortly before launch and realize that the Web didn't need another content site. But their replacement — a set of automated tools to evaluate one's place in the financial pecking order — do seem pointless. The site only attracts 31,500 users a month. In this regard, FiLife is utterly typical — of both its backer and its genre.

IAC CEO Barry Diller has a ghastly track record of launching projects in-house; almost every vaguely promising Internet property he owns, he bought from someone else: Ask.com, Match.com, CitySearch, and so on.

And personal finance sites are deadly. In trying to break the mold, FiLife managed to be even more condescending than most. Its introduction:

Most personal-finance sites are snooze-filled, sometimes schoolmarmish affairs. Save more money! Don't you dare go out to dinner! Suffer, scrimp, suffer, scrimp. We're kind of tired of that approach, and we reckon you are, too.

Watching Wall Street's meltdown, would you be surprised if 20somethings were uninterested in qualifying for a mortgage and investing in mutual funds? Personal-finance sites are usually more motivated by luring advertisers than readers. The former are now in scarce supply, too.

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<![CDATA[Barry Diller shows the children his Zwinky Cuties]]> At an oh-so-pink party in Times Square yesterday — one stuffed with enough cupcakes to Google's Marissa Mayer proud — IAC launched a virtual world for girls aged 6 to 12, calling it Zwinky Cuties. Barry Diller presided and I captured the bizarre affair in video.

Zwinky Cuties is free to enter, but little girls who want to dress their avatars in the latest fashions will need to pony up $5.99 a month. Worry about turning our children into consumer drones, but don't worry about the pedos, says IAC exec John Park. Zwinky Cuties is "entirely safe and really designed for young girls," he says. Does Mr. Park have a Zwinky? "I do. He looks twenty years younger." Park would not show his Zwinky to us. IAC CEO Barry Diller, who showed up to the event and made a speech to press and a crowd of bored IAC spawn, said: "I guess it would be clear that I do not qualify to join Zwinky Cuties or if I did I would probably be arrested." Then Disney's latest 20-something pop star took the stage, said she was proud to be a role model, and began to sing a song to the children about a cute, but shy boy who hangs out by his locker. Men in sports jerseys stopped and stared in through the studio's windows. They waved and took pictures with their cell phones.

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<![CDATA[You know little boy, I have much I can teach you]]> At the Diane von Fürstenberg show at New York's Fashion Week, Google cofounder Sergey Brin and his 23andMe cofounder wife Anne Wojcicki were spotted front and center. Which is hilarious, since Brin is rarely seen in anything but a t-shirt and jeans — hopefully he wore more stylish footwear than Crocs. Here he's spotted in the usual ensemble with Barry Diller, CEO of IAC, who had the sense to wear actual fashion. Friday's winner was hmann with "No, it's $40 for one song. You have to buy your own drinks, and there's no touching." (Photo by Getty/Michael Tran)

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<![CDATA[Is Opentape a jab at the RIAA?]]> Following the shutdown of Muxtape, a site for posting online mixtapes, in a dispute with the music industry, someone has launched Opentape.fm, where you can download code to easily create your own Muxtape-like online mixtapes of MP3 files. And if the creators of Muxtape aren't directly responsible, they probably fed Opentape's developers everything they would need. The first clue is that the site is powered by the favored online publishing platform of millennial hipsters, Tumblr. Another clue is that the domain registration information points to 152 W. 57th Street in Manhattan, which just happens to be IAC CEO Barry Diller's address (Justin Ouellette, Muxtape's founder, worked at IAC site Vimeo). Then there are two small hints in the code:

The site uses a package of Javascript, Mootools, which was also used by Muxtape. And in the source code, an HTML comment reading "Liberating taste" appears where an ASCII graphic appears in the Muxtape source code. The launch of Opentape is likely a tactic in Muxtape's fight against the RIAA. It puts the record industry trade organization in the position of having to play whack-a-mole as mixes pop up on numerous clone sites using the open-source software. It also means that Muxtape's backers no longer have to shoulder the site's soaring bandwidth costs.

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<![CDATA[IAC building power outage kills New York tech meetup, spares us all]]> New York wantrepreneurs preparing for a night of rejection and glazed looks can relax — tonight's New York Tech Meetup is canceled due to a power outage at IAC. "We tried to find a replacement venue for tonight, but couldn't find anything for all 400 of us at this late notice," reads a memo sent to all invitees. The group won't meet again until September 2. Trust us: You'll survive four weeks without learning about the next great Muxtape killer. (Photo by waywuwei)

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<![CDATA[Classic Jakob Lodwick video further explains post-Lodwick productivity surge]]>
Even when Manhattan's favorite Internet hipster Jakob Lodwick isn't high, he's not that hard-working. Connected Ventures cofounder Zach Klein reminisces about the early days of Connected Ventures, the IAC-backed testosteronefest behind CollegeHumor and Vimeo. Lodwick leads the startup's crew in singing "Semi-Charmed Kind of Life," and trashes cofounder Ricky Van Veen's cardboard cutout of Shaquille O'Neal. Any questions on why Vimeo's performance soared after IAC fired Lodwick? shaq attack from Amir Cohen on Vimeo.

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<![CDATA[IAC down more than half a billion in second quarter]]> In the second quarter, IAC swung from a $94.6 million profit last year to a $421.6 million loss this year. Don't blame Jakob Lodwick! His former company, Vimeo, is nowhere near the top of IAC/InterActiveCorp's expense report for the past quarter. The real problem at Barry Diller's Internet empire is Cornerstone Brands, a rollup of catalog companies undermined by weak consumer spending in home and apparel retail. Cornerstone's losses led to a $300 million writedown in goodwill in IAC's second quarter. In addition, the soft real estate market cut revenue for home financing site LendingTree nearly in half.

IAC is moving ahead with plans to spin off four of its divisions by the end of August: HSN (which includes Cornerstone), Ticketmaster, Tree.com (which includes LendingTree), and Interval Leisure Group, which operates vacation sites including ResortQuest Hawaii. That leaves IAC with Ask.com, Match.com and Citysearch. What's happening? Simple: Diller and company have learned that bundling a bunch of diverse online businesses together doesn't create the promised "synergy" of the Web 1.0 boom. Better to let each site fend for itself. Since IAC got rid of Expedia in 2005 (Barry Diller's still chairman of the board), the travel site's ups and downs have closely followed the travel market. That's the watercooler version. You can wonk out with the full details.

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<![CDATA[Muxtape creator battles Firefox script kiddies while waiting for the RIAA]]> Justin Ouellette's Muxtape, a site which hosts online mixtapes, is on shaky legal ground — and not just over the way Ouellette left his former employer, IAC-owned video site Vimeo. Making a mixtape for personal use is clearly accepted; but posting it online, for everyone on the Internet to listen to? Unclear at best. Ouellette himself has hinted that he's worried about being sued. On Userscripts.org, a site where people post and discuss add-ons to the Firefox Web browser, Ouellette has been scolding programmers for creating tools that let Muxtape users download MP3 files directly from the site — even as he was claiming that he wasn't worried about copyright issues.

"Please remove this script, it can only contribute to getting the site shut down," Ouellette wrote in April on Userscripts.org. "As long as you can hear the music you can copy it, but that doesn't mean I'm not going to do the diligence of trying to stop casual downloading (one of the things that would hurt its long-term viability)," he wrote on another occasion. "I was naïve enough to think assholes like you wouldn't want to wreak a good thing, but I guess I was wrong," he concluded.

He's been quieter since then, aside from suggesting the site would drop the popular MP3 format in an effort to stop downloaders. The scripters have kept up their efforts.

Not that this cat-and-mouse game matters. The RIAA has wisely left Muxtape alone, avoiding an ugly publicity squabble over a site that has yet to show any commercial potential. If it does begin to show some financial success, then the music-industry lawyers will swoop in demanding money.

People are swift to criticize the RIAA, which has made a number of boneheadedly unpopular moves. But what should we say about the naivete of entrepreneurs like Ouellette, who are hoping that battling Firefox script kiddies will somehow count in their favor when the record labels come knocking? Muxtape's lawyers might make a "safe harbor" argument under the Digital Millennium Copyright Act — but that requires showing that Ouellette was unaware of copyright violations on the site. Hard to argue that, when he uses it himself.

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