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In a battle that's been ongoing since the fall of 2007, Comcast just won the latest round against the Federal Communications Commission. A federal appeals court announced its decision this morning to grant ComCast a petition for review, vacating the order by the FCC, which imposed a "net neutrality" on the nation's largest cable company. The decision appears to focus on the FCC's legal authority to enforce net neutrality and not on the legality of net neutrality itself. Sponsor The case began when "several subscribers to Comcast's high-speed Internet service discovered that the company was interfering with their use of peer-to-peer networking applications," the decision reads. Comcast argued that its move to block p2p file-sharing was "necessary to manage scarce network capacity", but the FCC found differently, ruling that the company had "significantly impeded consumers' ability to access the content and use the applications of their choice". When we last looked at this issue , the FCC had ruled against ComCast, enforcing a key tenet in the Net Neutrality debate - that ISPs have an obligation to serve up content regardless of type or method of delivery. The ISP should not have the power to discriminate according to source, destination or other such factors. Until now, the FCC's decision had backed this, but now the appeals court has ruled that the FCC was acting outside of its powers. According to Cecilia Kang at the Washington Post this decision could affect the FCC going forward: The so-called net neutrality rule, imposed by former FCC chairman Kevin Martin, comes just days before the agency accepts final comments on a separate open Internet regulatory effort this Thursday. And the agency will be faced with a steep legal challenge going forward as it attempts to convert itself from a broadcast- and phone-era agency into one that draws new rules for the Internet era. The decision could also be a stumbling block in the FCC's plan to implement a national broadband network . The full text of the report is available in .pdf . Discuss

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A Blow To Net Neutrality: FCC Loses Appeal to Comcast
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There is a question being bandied about by people in the game industry. It effects something you do, or, if you don't, your friend, roommate, wife or fencing opponent does. Social gaming. Is social gaming - games played on social networks, like Facebook and MySpace - actually gaming? Millions of users have already given their tacit approval that there is indeed entertainment value in those games. But what puts hardcore gamers' skivvies in a knot is the idea that there has been total sacrifice of gameplay in exchange for filthy lucre - that these "games" have been so neutered that they only outwardly resemble gaming. And so the more important question is this: Are hardcore gamers simply demanding that all cars on the road be sports cars, or are they a bellwether of a shift in social gaming from click-click-click, to quality? Sponsor "Social games are making tons of money," said Karen Clark, a Project Manager at Electronic Arts. "They are like slot machines made legal and web-accessible. There's a lot of investment. Most game people think these 'games' suck because they are more like exercises in clicking and monetization of customers than they are fun." It is a burgeoning area. In December, Digital Sky Technologies bought into Zynga for $180 million. EA snapped up PlayFish for $400 million and Playdom, whose "Social City" game racked up 10 million players in about a month of existence, scored a $43 million series B . Most social games as well as some casual games make use a business model of selling in-game "currency" for the purchase of anything from fertilizer to a straight-razor and combining that with player-privileges sales and advertising. "The business model for social games worked really well," said Mark Hendrickson of Big Fish, a Seattle-based gaming company, "because there were only a few companies who could harvest all the affiliate money and swamp anyone else's efforts by putting that money right back into the Facebook ad network. I really think they should have called it 'Facebook gaming.' Social gaming is only on the radar because it is a really, really cheap way to possibly make a whole lot of money, if implemented properly. "As Facebook goes, so goes social gaming." Tami Baribeau, the producer of Metaplace's Island Life game on Facebook, sees it very differently. "Games go where people go," she said. "Social networks are clearly a hot platform right now because it's where people are spending time on the web." She attributes the fiction that gameplay is compromised to hardcore gamer prejudice more than to any pandering to a lowest common denominator. "The fact that social games are whittled down to their basic core mechanics and feedback loop mean that they're instantly understandable, casual, and the fun is easy to find. This is why they open up the market to so many people, and such a different demographic than traditional console/PC gaming. Traditional gamers don't like to admit (or simply don't realize) that games do not have to be massive, 3D, scripted, deep, and immersive experiences in order to be fun and engaging and monetizable. " Alex Swanson, Project Lead at Playdom, also disagrees with the notion that good gameplay is stepped back in social gaming. "Initially computers themselves were extremely complex and difficult to learn, so the platform self-selected for people that were tolerant of (or even attracted by) complexity," he said. "Since then computers have be come much more accessible, creating a gap in the market between the average computer user and the average 'gamer.' "Part of the reason that games like these were never very successful prior to the existence of social networks is once again an issue of accessibility. These games are built around the idea that the user has a connected identity. Trying to ask users to build out their social graph as part of entering a game would create an insurmountable barrier to entry. Fortunately, Facebook has already convinced the players to do this by providing its own unique benefits." If you play social games, you probably do not care about this argument. You play because it's fun. Maybe that's enough. Maybe it's not for one group of gamers to tell another that they oughtn't love what they love. "All I know," said one social gamer, " is I've met the nicest people playing Mafia Wars." For another view of social gaming, see ReadWriteWeb's post on Armchair Revolutionary . Discuss

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Social Gaming: Legit Gameplay or a Play for Your Cash?
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"It's not about the value of the task, it's about the value of me not having to do it, or even think about it anymore." That's how Ted Roden describes Fancy Hands , his new side project that provides virtual personal assistants in the cloud for a low monthly fee. Need an appointment made for you? Research done on Fantasy Baseball players you might want to draft onto your team? Roden has hired more than 100 people based in the US and England who can perform almost any quick, legal task for you, within minutes, at any hour day or night. You can send them 15 emails with task requests per month for a $30 fee. An algorithm sorts the tasks and routes each one to the most appropriate person. Sponsor Roden says the people he's hired include retired lawyers, actors waiting with time to spare before going on camera and former employees of competitor ChaCha . He wrote a program to sift through piles of applications and plans on using the company's own service providers to select new hires in the future as well. Roden himself has a day job in the R&D department of the New York Times. He's a creative dynamo whose energy spills out in side projects like the visually compelling social bookmarking service EnjoysThin.gs and an O'Reilly book about building real-time websites , due out this Summer. Previously, he was the 2nd full-time programmer at art-video portal Vimeo . Roden says he built Fancy Hands because he wanted to build something big. He calls it that just because it was the filename for his first bit of code, a tradition across all his projects. He's bootstrapping it himself "and my wife says it's ok," he says. Casting The Tasks Fancy Hands is easy for customers to use. I asked the service to find where in town I could buy a "sweater bag" to run sweaters through the washing machine and got a great response, complete with multiple options online and a personal recommendation, within an hour. I asked for links to reviews of iPad RSS reading applications and the first response I got was terrible. I emailed back complaining and the person on the other end sent me back something even worse. Then Roden noticed and reassigned the request to someone who filled it beautifully. Roden says that for now he's doing the quality control himself and generally well after the tasks have been completed. He's got a complex series of tubes and pulleys rigged up to sort tasks, though. He calls it "the eHarmony of Getting Things Done." Social search Aardvark started out as a lot of manual human effort behind public facing technology, then became a search-sorting algorithmic people-connector that Google bought for millions. Fancy Hands is half human and half-machine, too. It connects your emailed task requests with the right staff members to fill them. In that way it's a little reminiscent of Aardvark , the social search startup that began as a human bucket brigade behind a facade of technology and ended up a complex web of computer science that Google acquired this Winter for millions of dollars . At its core Fancy Hands is people, though. And the people are paid by the task. Roden has created a system that ranks tasks by complexity and rewards assistants with higher pay when they complete harder tasks. Once they reach a particular pay grade, all their tasks become better paying, thus incentivizing them to dive in to harder and harder work. The people behind the scenes are often surprisingly enthusiastic. Roden says that compared to other, similar systems, Fancy Hands is more affordable, competitive on speed and often surprisingly superior in quality of results. At least at launch, the people he's hired seem relatively interested in the project and the work. This afternoon I asked Fancy Hands to make me an appointment with "Bob's Heating System Repair" and gave it my own phone number to call, just to see how it went down. I answered my next inbound call with "hello, Bob's heating repair, this is Bob." And went through a few minutes of appointment conversation before telling the virtual assistant what I was really doing. I think he felt a little bit toyed with, but he was very professional before and after I disclosed my true identity. He said he had interacted just a little bit with Ted and that he was very interested to see what kind of research he would be tasked with doing. He was very cautious about telling me anything specific about what the system was like on his end because "we're a brand new company, just starting." I thought it was charming that one of the 100 people hired to do tasks for a fee felt so closely associated with the business. These Hands Are Fancy People familiar with this kind of "human powered micro-outsourcing" will no doubt be familiar with Amazon's Mechanical Turk. All kinds of businesses bid for Turk users to perform rapid little tasks that require just a touch of human intelligence. Spammers pay Turkers to leave spammy spam around the web, podcasters pay Turkers to transcribe tiny fragments of audio files, businesses like Citysearch and Yelp pay Turkers to confirm changes to local business listings submitted by users. It's a big business, a platform that other businesses are being built on top of. These services can be taken too far, of course. Author Tim Ferriss famously paid a team of assistants to pretend to be him on dating websites. They vetted women for intelligence and appearance before scheduling a day full of short first dates all in a row. That's just dishonest, an interpersonal crime of convenience. There's something both more and less human about what Fancy Hands is doing, though. Its algorithmic task sorting could become very complex but the people on both ends are more invested, too. Roden says his model of $30 for 15 tasks per month makes people stop and ponder whether a task is really one they want to expend part of their monthly subscription on. There's something intriguing about that. For himself, Ted Roden has a simple rule for using the system he built. "If I think about anything twice, I just put it into Fancy Hands," he says. It will be interesting to see how often his customers think about Fancy Hands and whether enough of them will renew their subscriptions to make this a sustainable service. If nothing else, this mix of human and machine is thought provoking, and perhaps prescient, in the way it strategically blends the online and offline worlds. Photo by Justin Ouellette . Discuss

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Fancy Hands: Virtual Assistants, Aardvark Style
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When you think of startup incubators, you think of the more well known organizations helping companies in cities like Boulder, San Francisco, New York or Austin, but one incubator is looking to change that assumption. Based at the VT KnowledgeWorks Business Acceleration Center in Blacksburg, VA, DayOne Ventures is a program aimed at tapping the talent coming from Virginia Tech to help local startups get off the ground. Sponsor With fewer than 40,000 residents, Blacksburg is less than half the size of startup hub Boulder, CO, but the city's ties to Virginia Tech make it a fertile spot for its budding startup community. DayOne Ventures is taking advantage of the growing buzz in the area with its highly concentrated experience which will accept just 3 companies to participate this summer. Those selected will benefit from up to $16,000 in seed funding, free office space, Internet access and hosting, legal assistance with incorporating their company and setting up stock plans, and mentorship from an panel of experienced entrepreneurs. DayOne co-founder and mentor Bill Boebel has prior experience himself with starting a company in Blacksburg; in 1999 he and a pair of co-founders created Webmail.us , an enterprise email solution. "It was really awesome doing our startup down in Blacksburg because of the low cost of doing it. We were able to fail three times before we figured out the right idea," Boebel told ReadWriteWeb. "The cost of failing in Blacksburg is a lot lower than the cost of failing in Silicon Valley." Eventually, Boebel and his co-founders molded Webmail.us into a profitable company which was later acquired by Rackspace in 2007. The Rackspace presence in Blacksburg remains to this day and is a reminder of the city's most successful Internet startup. Now as an experienced entrepreneur, Boebel and others are teaming together to provide local startups (or those that choose to relocate for the program) with the mentorship and resources to get started. TechStars and Y Combinator aren't necessarily everyone's cup of tea; DayOne, one the other hand, brings a bit of small town flavor to the already close-knit startup culture - a flavor that could produce some interesting results with their exclusive incubator. Applications for the 10-week program are open now , so if you're in the Blacksburg area or wouldn't mind relocating for the summer, be sure to look into the DayOne Ventures program. Discuss

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DayOne Ventures Brings Small Town Flavor to Startup Incubation
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The Google break from China raises some questions for the enterprise considering cloud computing. It's one thing if the network goes down. That can be fixed. But when the government does its own blockade, that's another story. Google Apps customers face this very issue. Google has the thorny task of explaining to its customers of what they may expect when using Google Apps in mainland China. Sponsor First off, it's important to clarify that Google is not shutting itself out of the China market. Google has stopped censoring its search services: Google Search, Google News, and Google Images on its Chinese domain, www.google.cn. But Google intends to continue to do R&D in China ad it will maintain a sales presence there. But for people working in China, there can be a bit of a mixed message. What if you are using Google Apps in Beijing? What can you expect? To keep customers updated, Google has created a Google Apps status dashboard that updates daily to show what in the Google network is working on a day-to-day basis. Google Groups, Blogger, YouTube and Google Sites are entirely blocked. This could pose a number of issues. For example, a customer may use Google Sites for an intranet, project site or an employee profile page. You could go on with the issues this presents but basically it's one of the downsides when using a cloud computing service in face of a repressing regime. Google has some recommendations for those doing business in China: "... it is important to know that there are several networking configurations and associated technologies available to help ensure ongoing access to your critical business services such as Gmail, Google Calendar, and Google Docs. These network configurations, such as a Virtual Private Network (VPN) connection, secure shell (SSH) tunneling, or using a proxy server, are already in place by many businesses with worldwide operations who serve their users from various locations. Companies should consult their own technical, legal and policy personnel to find a solution that works best for them." But then what if the applications do work? Where is the data? Who can access it? Google says it does not host a customer's data in mainland China nor do Google employees in China not have access to Apps systems or customer data. Discuss

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Google Apps in China: It May Work, It May Not
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