Tech News Today 473

From The Official TWiT Wiki
Jump to: navigation, search
Tech News Today
Episode 473

Tech News Today 473: The Oops Defense

Did YouTube ignore copyright infringement? Mass effect 3 gets a better ending, macs are full of infections, and more.

Submit and vote on story coverage at


Top Stories

  • Google’s YouTube Must Defend Viacom Suit, Appeals Court Says
  • Appeals court gives Viacom another shot in billion-dollar YouTube lawsuit
  • PDF of Court Opinion
    • The Second Circuit Court of Appeals in Manhattan today reversed a lower court’s decision to throw out the case before trial.
    • "A reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website,” a two-judge panel said in a 39-page decision.
    • The Second Circuit notes that internal emails suggest that YouTube employees may have known about—and turned a blind eye to—specific cases of infringement on YouTube.
    • Now the case goes back to the lower-court to find out if YT founders kew of specific infringing content & failed to delete promptly. If they had "actual knowledge" YT could no longer qualify for the safe harbor and there's trouble.
  • Litigation History:
    • 2010, US DCt: YouTube wins a summary judgment (case tossed) and was protected under the DMCA safe harbor
    • YT had insufficient notice of the particular infringements and b/c it removed the offending videos when notified.
    • Mere knowledge of [the] prevalence of such activity in general,” the District Court concluded, “is not enough. [from the opinion]
    • Viacom appealed
    • Led to the reversal
  • Smart thermostat Nest gets smarter with AirWave, robust Energy History, simpler setup
    • Nest, smart thermostat released 5 mo ago, 1st big update. over last week Nest users have been able to see a simplified version of their usage for the past 7 days on the device
    • More detailed Energy History to help Nest users to learn better how the system works, covers the past 10 days on the Nest iOS & Android apps, & web. Report says how long your heating system was cooling or heating your home, and includes activity by day view.
    • New feature AirWave can cool your home to a target temp running the A/C less. The system can intelligently turn off cooling, but continue to run fans that push out cool air remaining in your vents and in the air conditioner’s coils BEFORE reaching target temp (other therms can't do this). Nest says this will work for 50% users, some don't have A/C, some live in climates that are too humid.
    • Easier installation with improved backplate, something Nest owners had complained about. larger press connectors, new custom screws. **Marketing Lead Maxime Veron says if you noticed that your A/C kicked in while you were away at work, you could tweak the system to avoid that. Veron tells me that a one degree change could mean up to 5% in energy savings.
    • $249, available online & at Best Buy
    • Co-founded by some of the brains behind the iPod, Tony Fadell and Matt Rogers
    • company is currently facing a lawsuit from Honeywell, which claims that the smart thermostat violates its patents.

Discussion Stories

  • Apple investigating new iPad Wi-Fi connectivity issues
  • Apple investigating new iPad WiFi issues, tells AppleCare to replace affected units
    • 9to5Mac has internal AppleCare document, APPL investigating 3rd-gen iPad WiFi-related issues. # of users complaining about WiFi from connection drops, slow dl's, upload speeds, or probs picking up Wifi networks
    • doc tells US retail stores & contact centers to "capture" any third-gen iPad showing these probs & replace, even if there are evidence of physical abuse.
    • LTE versions seem ok
    • 9to5Mac notes thread on Apple online support forums w 700 replies from users with similar issues.
    • "capture" means ship device to Apple’s engineering centers for examination and investigation. Apple employees are instructed to Capture the iPad itself and included accessories (the charging adapter and USB cord).
  • Draw Something notches 50 million downloads in just 50 days
  • Zynga’s Draw Something Slingshots Past Angry Birds in App Store
    • 50 dls in 50 days. fastest-growing original mobile game of all time. Angry Birds Space overtook it as #1 paid app in app store briefly, but DS is back on top.
    • Over 6B drawings have been created. 3 draws/second were created on the day the game launched, now 3k drawings/second. Most popular words in the game are starfish, pregnant, hangman, six pack, & boom box. The least popular word is latrine.
    • Zynga bought OMGPOP for $180M last month & acquired team, save for one, Shay Pierce. no evidence of slowdown after OMGPOP CEO Dan Porter tweeted that Pierce was the weakest member of the team and good riddance to him. Has since apologized. Consumers don't care.

News Fuse





"On TNT 472, Sarah compared Bravo's ridiculous "reality" show to television candy. Please stop sullying the good name of candy in comparing it with this sort of stupidity. Thanks!


"Tom and Posse,

I find it a little odd that in the reviews of the Lumia 900 people have been disappointed that Nokia didn't put in the ""latest and greatest"" technology, this was echoed by Iyaz on yesterday's show. Its my understanding that Windows Phone 7 runs on very specific hardware; there is no code base to support higher resolutions, multiple cores, more than 512mb ram or crazy camera optics (41-megapixels anyone). While Nokia supposedly has more latitude to customize WP7, I don't think they have the access, resources or time to rewrite the operating system to support even one of these features (of course this raises the question of what Nokia can offer to the platform other than from a design perspective). Not to say people can't complain about the hardware on the Lumia 900 and reviews are appropriate to point out this is a deficiency compared to other platforms, but I think the blame should be focused more on Microsoft than Nokia for not being on the cutting edge.

Rich in Lovely Cleveland"

"I wanted to clarify a couple things about the terrafugia flying car spoken about on TNT.

It is being certified as a Light Sport Aircraft (LSA) which is a relatively new class of aircraft, only a few years old.

They are limited to 120 mph top speed, gross weight of 1320 lbs. and can only carry 2 people.  There are some other limitations as well that I don't remember off the top of my head at the moment.

With the LSA's there came a new pilot rating called sport pilot, while the requirements are less than what are required for getting your private pilots license a sport pilot is limited in the size and speed of aircraft they can fly to the Light Sport category. They also have to get supplemental training to be able to fly into the busiest airports and cannot fly at night.  

It has allowed more people to learn how to fly as it significantly reduces the cost of learning to fly.  Sport pilots have been flying for several years now and the accident rate is no different than the pilot population at large.  

Another thing I wanted to address is that flying is not just for the wealthy, there are a lot of flying clubs and partnerships that make flying accessible to most in the middle class.  I bought an older used plane for $18,000 and enjoy flying it very much.  I got my private pilots license a few years ago for about $3000.

If you shop around and inquire at some of the smaller airports there are very affordable ways to get into the sky and enjoy the incredible views, utility, and fun that small aircraft offer.

It is truly like nothing else you can do.

Thanks for a great daily podcast!

-Sam Butler Oregon"



  • ad times: :47-:59 and 20:37-23:15

Production Information

  • Edited by: Jason
  • Notes:
Info.png This area is for use by TWiT staff only. Please do not add or edit any content within this section.