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Apple

Submission + - Amazon Battles Apple by Arm-Twisting Publishers (bnet.com)

bizwriter writes: Apple has upset the e-book pricing cart by agreeing to a so-called agency model, where the publisher sets the price and the seller takes a cut. This goes contrary to the degree of control Amazon likes, so although it apparently gave in to Macmillan back in February, it turns out that Amazon continues twisting arms. The problem the publishers face is that Apple has a most-favored-nations clause, so it gets the best deal that the publishers offer. If the publishers give in to Amazon, then they also have to provide the same terms to Apple.

Submission + - Court Says Parents Can Block ‘Sexting’

mikesd81 writes: "In the first federal appeals court opinion dealing with “sexting”, a three-judge panel of the United States Court of Appeals for the Third Circuit ruled Wednesday that parents could block the prosecution of their children on child pornography charges for appearing in photographs found on some classmates’ cellphones. Miller vs. Mitchell (pdf) began in 2008 when school officials in Tunkhannock, Pa., discovered seminude and nude photographs of some female students on other student's phones. George Skumanick Jr., the DA at the time, said the students and their parents could be prosecuted if they did not participate in an after-school “education program.”
The syllabus called for the girls to write a report explaining why they were there, what they had done, and why it was wrong. The course was voluntary, however if the students opted out or did not complete it they would be prosecuted. Sighting the district attorney’s actions interfered with the girls’ constitutional rights to be photographed and to be free from compelled speech — and with the parents’ rights to direct their children’s upbringing, three families refused. In March, the district court temporarily barred the district attorney from initiating any criminal charges against the girls. Wednesday’s opinion came in response to his appeal and upholds the injunction but does not resolve the case. The unanimous ruling of the judges, Thomas L. Ambro, Michael A. Chagares and Walter K. Stapleton, criticized the district attorney’s reliance on the girls’ presence in the photographs as a basis for the potential charges. “Appearing in a photograph provides no evidence as to whether that person possessed or transmitted the photo,” said the opinion, by Judge Ambro."
Games

Can You Fight DRM With Patience? 309

As modern DRM schemes get more annoying and invasive, the common wisdom is to vote with your wallet and avoid supporting developers and publishers who include such schemes with their games. Or, if you simply must play it, wait a while until outcry and complaints have caused the DRM restrictions to be loosened. But will any of that make game creators rethink their stance? An article at CNet argues that gamers are, in general, an impatient bunch, and that trait combined with the nature of the games industry means that progress fighting DRM will be slow or nonexistent. Quoting: "Increasingly so, the joke seems to be on the customers who end up buying this software when it first comes out. A simple look back at some controversial titles has shown us that after the initial sales come, the publisher later removes the vast majority of the DRM, leaving gamers to enjoy the software with fewer restrictions. ... Still, [waiting until later to purchase the game] isn't a good long-term solution. Early sales are often one of the big quantifiers in whether a studio will start working on a sequel, and if everyone were to wait to buy games once they hit the bargain price, publishers would simply stop making PC versions. There's also no promise that the really heavy bits of DRM will be stripped out at a later date, except for the fact that most publishers are unlikely to want to maintain the cost of running the activation, and/or online verification servers for older software."
XBox (Games)

Devs Finally Finding Success With Xbox Indie Games 65

McBacon writes with this excerpt from Wired.co.uk: "Often dismissed as a failed venture, the Xbox Indie Games programme has earned successful man-and-his-dog developers tens of thousands of pounds from sales of their homebrew games. Wired explores the success stories of this hidden marketplace. ... now, more than a year since its launch, the Xbox Indie Games are seeing something of a revival. Microsoft has made huge strides to improve the service, games are beginning to be taken more seriously and success stories are becoming more and more common. Especially for [James] Silva, a New York-based developer, who became an impromptu Indie celebrity after his game The Dishwasher won Microsoft's Dream-Build-Play competition. He says he's 'absolutely thrilled' to have seen I Maed a Gam3 w1th Zomb1es!!!1 — his latest game — become a cult hit, for gamers to flock to it in record numbers and to have sold over 200,000 copies."

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