Blogger Wins Defamation Suit

A South Carolina US District Court Judge threw out a defamation lawsuit filed against a blogger who “published articles on the internet critical of the Plaintiffs’ business.” Here is the key section of this 16-page ruling:

[In] determining whether Smith was engaged in news reporting or in news commentating, the court has applied the functional analysis … which examines the content of the material, not the format, to determine whether it is journalism… Upon review of the content of the article, the court finds that Smith’s use of the BidZirk mark in the article was in the context of news reporting or news commentary… Smith’s article evidences his intent to report what he believed was a newsworthy story for consumers.

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Digital Native Commentary

Karl Fisch, an educator who developed Shift Happens, describes the world inhabited by his seven-year old daughter, contrasted with his world at seven:

Her world at seven: cell phone with free long distance, laptop, wireless broadband access, interactive web-based software. (And if I’d brought a webcam they could’ve videoconferenced as well.)

My world at seven: wired phone (I think just one in the house), we didn’t use long distance except for very special occasions because it was so expensive, no computer, no Internet (much less wireless, broadband, or web-based software), and certainly no videoconferencing.

My world at seven:

At our house: Ditto on the long distance, computer, internet. One rotary phone at home; one on a party line (I’m pretty certain) at my aunt’s house. One TV, black-and-white with antennae reception (two channels came in good, one not so good). Kodak camera. Manual (portable) typewriter. Two cars; camping trailer; lots of books.

Around the country, world: The first international satellite television broadcast. John Glenn is the first American to orbit the Earth. The World’s Fair is in Seattle (not yet my home!). The Supreme Court rules that state-sponsored prayer in schools is unconstitutional. Cuban Missile Crisis. Gas costs $0.31 ($2.14) per gallon, milk $0.49 ($3.38). A movie ticket is $.50 ($3.45) and a color TV, $400 ($2757.35). (Price in parens is adjusted to Sept 2007 dollars, base year 1967.)

Blacklist This Marketing Firm

I’m being spammed.

I know it’s probably gauche to be POed or annoyed at spam as 2007 comes to a close, but I am.

The firm? Health Care Audio Info.

HealthCareAudioInfois a marketing and information company representing more than 120 print and online publications, teleconferences and audio learning products for in health care, law and litigation and financial services. Our mission is to make a difference in the life of every professional through information.

Don’t hire them, folks, because the way they are spamming email addresses is not something you want to be affiliated with (emphasis added):

This is an advertisement. If you no longer wish to receive our general healthcare audioconference emails, do not reply to this email. Please write us at rmove@healthcareaudioinfo.com with “unsubscribe” in the subject line or call 800-508-2582. Your request will be processed within 10 days.
1200 G Street NW, Suite 800-8001 Washington, DC 20005

I’m doubly annoyed because Thunderbird hasn’t “gotten” that this is spam, even though I’ve marked every mail I’ve received as junk (11 messages in one week) — every one with a different “from” name (same addy).

Since this behavior would be illegal (federal crime) if they were sending their “advertisements” to my fax machine, I ask (rhetorically, for the umpteenth time) why this is not illegal when it’s my email address? After all, my faxes are delivered to me via my email account.

Smartphone Isn’t

My Windows Mobile Blackjack (Cingular/AT&T) announced, when I woke it up today, that it (Windows Mobile took credit) had reset my time back an hour because of Daylight Savings Time (DST). I thought that was a little strange, because I didn’t think it was this weekend.

But I was happy to have snagged an extra hour of sleep! Or so I thought … until I checked my laptop (nope, no change; it’s synced with Apple) and our satellite clock (nope, no change). Look at the front page of the Sunday newspaper; nope, no reminder. Google, of course, came next.

A quick check shows that Microsoft knows that DST ends on 4 November 2007. Why my phone decided it didn’t … seems to be a function of my carrier (Cingular/AT&T), per this  post from EdgeBlog in January:

One big area that is lacking is Windows Mobile smartphones & PDAs. Microsoft [released] a registry fix and instructed the carriers to push out a patch. Most of the carriers, in their infinite wisdom, have neglected to do so. If you rely on your Windows smartphone, you need this fix. Microsoft published the registry fix here. This fix requires you to build a CAB file and then install it.

Sigh. That was January!

In March (DST started 11 March), Microsoft released another patch. [For the record, I got my phone in April.] The patch was updated in August. (WTH?) Anway, I navigated there and installed the new CAB.