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The Vergecast 059 - December 28th, 2012

2012-12-28
all being there was Paul and Paul is not here we try can I drag in Paul he this breaks his uh his Terms of Service something I can't get on him oops sucks to be Paul today anyhow this is the verge cavalry discuss the week in technology culture and culture culture and called the culture club my favorite band from the 80s yeah yes that was the song that the Culture Club performed okay come and go Josh you come and go that's I really do anyhow we are we're back we've had some we've had a few weeks where where I've been off not working or trying to not work as I go for you it's going great here I am not working oh it's good I was taking a little bit trying to get a little bit of rest before the CES insanity started and everybody's been away for the holidays so anyhow but we're back to talk about what's been happening and there has been some news you know even though it's been the holiday there's been news even though we haven't been around to report it basically which I you know the news happens even if we're not yeah online on the internet it's very disappointing you know news and I had a tight relationship I thought you guys were caught you guys were just exclusive news it just does its own thing so Hornet so I want to get into I want to talk about this really quickly this is something that's near and dear to my heart so there's been a lot of Instagram today there's been Instagram news there's been a lot of insanity and and craziness about these Instagram Terms of Service there's like a spot of light that just like right in the middle of my face anyhow uh so I opened up my my Us Weekly's this week which I always do and this is the Miss is the first page of Us Weekly it's Kim's Instagram outrage this is on their hot Hollywood page literally page page one of us and this is all about how how Kim Kardashian let me let me read you exactly it was a shock shocking turn around December 18th when just moments after showing off her new clip on bangs Kardashian 32 threatened to quit the photo sharing app her issue new terms announced December 17th that would allow Instagram to sell user photos without asking or pain yeah I really love to Instagram Kardashian tweeted I need to review this new policy I don't think wow she got her lawyers right on the case then then she immediately went to the verge comm where she read Neil eyes brutal takedown of the thud of the antenna I mean I have to say this is maybe the dumbest story that has ever occurred in my career as a tech reporter really dumber dumber than the story about Randi Zuckerberg yelling at Kelly Schweitzer on Twitter about repost in her facebook photo number the number one non story of 2012 I mean Dan Lyons wrote an editorial about it man that's how big that story was sorry I don't need to get sidetracked now I understand no we should talk about that too I mean I think that's hilarious but this one was was was true the layers of misunderstanding here that the the the the ferocity in which we wanted the world wanted to discuss the implications of something that had not happened word I mean it was just astounding I mean it's a nightmare ya have to grab debacle is a most important thing that's happened do you want you want to go through you want me to go through it real fast could you I'm just trying to identify where this light is coming from this there's like a just a small all right so why he investigates that let's try to where is this light originating yes small dot of light all right go ahead I'll see it now do you see it's annoying right it's like I don't know where I wish I understood how light works Wow that is gross whatever you're doing now is it's truly macro on your hands yeah you like that oh that reminds me I'm supposed to that reminds you yeah I just turned off the what so here so I mean here's the you know I turned off both know you've got your I turned I turned something else on I see very nice God so pro so profession yep great stuff thanks for us so look here's the basic situation the the old Instagram terms let's see I'm trying to find the exact language the old Instagram terms said they could add to delete from modify use modify delete from add to publicly perform publicly display reproduce and translate your photos and distribute them through any media formats through any media channels that's the you know however millions of people have signed up for instance at CEO that's the original term but those are the original terms ma and then the next line said Instagram a place advertising oceans on about or in conjunction with your content and that content was broadly defined to mean your photos your musical works sound recording anything that Instagram Instagram ever touched from you they got this incredibly broad license to wherever they wanted with that was the old one the new one was written in a much more friendly and direct way and said we have a license to use your photos we take a sub license you have to they use the word sub license there's a former legal word but like YouTube and Twitter use it because that's how you run your API and then it they have a license and the the part over you got all mad about was the sentence you agree that we can display your work in connection with promoted content without compensate me I can actually read it you agree that a business may pay Instagram to display your photos in connection with paid or sponsored content or promotions without compensation to you which was almost immediately inaccurately interpreted to mean Instagram can sell your focus to now rage I would describe I mean I just the the depth of wrong there is like shocking - well no I want our separate havens I do know that's legally wrong interpretation but to a layperson who's going to read them we have to accept that people do occasionally retention services now no that's fine so I think you know the mistakes yard yeah I don't know so I think there is the mistake of instagrams lawyers to use words that like are other words in their legal context without any notion of telling you what they are and there's Instagram fail of them saying here's the kind of advertising we're going to do here are the specific things we're going to do with ads and here we change select what we're going to do instead they just change their Terms of Service said we're gonna share data with Facebook now and that's why we change the Terms of Service and see net why don't you go ahead and freak out about this this change in the terms so that's like a huge fail and instagrams part but the so the the metaphor and copyright law for things you can do so when you take a photo you get you get the immediate copyright to it's automatically the law right and then a metaphor that like law professors will use is a bundle of sticks right so your rights are sticks and you can hand out the sticks any way you want and one of the most important like right that you can give away is the right to create a derivative work right which means I paint to paint your stick to paint yeah to paint your stick right I so I think a photo I sell it to coca-cola coca-cola uses it in had they've made they've changed my photo in some way right and they have to pay me to do it Instagram never never asked for that right they never said we have the right to model via the thing that you need to like print it on a billboard but that was completely ignored so so so so you're saying that the the that that the main point of contention here is the idea that Instagram that somebody that an advertiser could take a photo from Instagram because like somehow Instagram could cut a deal with coca-cola for Instagram photos and go make a billboard of like hey look at all these people instagramming drinking coca-cola there's like just which is which is not actually what was happening so not what was happen there's no way they could do that without talking to you they couldn't pretty right okay so so is there any legitimate outrage about their rights to your photos the legitimate outrage would be so the types of things they could do are pretty simple right they they're allowed to display your photos in connection with paid content so it's New Years Eve so coke could buy the hashtag Nye in all the photos on that page on Instagram you might have the word sponsored by cool about what about on Coca Cola's website but you can do that already right Instagram has an API so coca-cola can put up a box on their website that says instagrams of this hashtag and that you could have done that before and but I think that's you're saying that but you're saying instagrams had the rights to do that before these new Instagram had broader rights before this is actually the thing that like this right so done took took their box of things they were allowed to do and they went like this range I'm just trying to identify that that there's nothing in the new Terms of Service that give them more right over your photos or they can do more with than in the previous terms of surface absolutely they can do less on the right so so Q sorry I just want to be clear that Kim Kardashian's Instagram outrage as documented by Us Weekly my magazine my magazine of choice when relaxing can we go back who is the person the bottom loves I've been trying to figure that out that's that's Dixon what is in a Mason Dixon Mason Mason Disick I was close I liked it better as makes it debated Jackson that's actually where they should have named them mason-dixon dishes Eddie yeah and then Betty White is in the other corner and then Kanye West is in is in the upper right left hand any other point is Kim's outrage was over fight it was over complete far-out rages over the idea that this horrible thing was happening without any you know but this is what always happens I mean this is the world loves Fudd we love to be scared we'd love to hear like though what you love to like think of the worst I mean I just can't think of a worse business model for Instagram then we're gonna collect people's photos of like whatever they're drinking at night and sell them like you know I'm like I can think of a worse business model like no business model which is what they seem to currently have but but they don't need a business model they're owned by Facebook right but they're but their business model from Facebook is is much simpler it's we're gonna pay we're in coca-cola and Lipton and Ben and Jerry's are already running promotions using Instagram are going to pay us to run promotions on Instagram and as part of is part of paying us to run their promotions and Instagram you know we reserve the right to run ads and hear your photos and that's what they were trying to say right and they utterly fail you know if you look at on the promotions have already been running so Ben and Jerry's had one where if you hashtag to photo capture euphoria and they picked your photo they would run a Ben & Jerry's ad with your photo in it in your hometown right excuse that's like but you know the idea dies don't use hashtags and don't say what you're doing in your photos that's what I would if you want to but liftin had one where if you the the hashtag was brisk pic which is like if you're the hashtag in front of bris pick you know Lipton is gonna take ya I do want to save it I want to say that as a as a person in the world as a human being if you use a hashtag provided to you by a some sort of you know consumer entity like coca-cola if they it's like you know hashtag Coke is it and you're using coke is it you don't deserve to have the right to your proper to your stuff because you are basically doing an ad for them that's what the hashtag is like make no mistake about it when a company has a hashtag it's not so you can seem cool or participate it's so they can get your content rounded up in their community so that's the thing so Russell Brandon who is one of our newest writers Russell be random I love you he did a great piece on what the advertisers actually he's so crazy he'd be random he'd be read no but he did a great piece on what the advertisers actually want out of Instagram and they don't want your photos they photos are cheap in the grand scheme of creating advertising right you hire a photographer you get the photo you want it exists right what's expensive is getting people to care about you so it's they're not trying to round up stock photo emotions are expensive right love love love do cost a thing actually I have to go that's awful no but like so getting people that engage their brand and use the hashtags and care about your product and and tweet pictures of it using Instagram that's hard photos is easy so if you know Russell's piece was the advertisers are like we're not interested in the photos at all we're interested in the data about who's engaging with our brand how much they're engaging with the brand what they're doing and it's all this like when I read it my eyes glaze over because I don't care about advertising right so it's funny because the the second level of kind of dumbness here is yeah sure maybe Instagram your photos but does anybody want to buy them and the answer is kind of like no well we've all seen the touch oh we've all seen the Taco Bell ad with the Instagram pictures in it and I don't have those so half of those are fake the majority of them I think are actually fake and then the other prizes it doesn't surprise me that their act that the photos are staged like that's right idea but they used so here's the thing so they used a handful of user photos and those techcrunch ran a piece on it yesterday and they used a handful of user instagramming user photos and then but they went to the users and paid that right they paid them in Taco Bell gift cards which is adorable like I'm gonna pay you to talk about you I guess if you're the kind of guy who instagrams a photo of yourself eating the Doritos yeah Taco Bell Taco pretty right you're gonna be pretty stoked if they're like we'll give you like ten free Dorito tacos in this troubled economy when the dollar keeps changing value that talked about gift card that Tommy that's right always gonna be worth of rate always gonna be worth of talking the true gold standard in America I think that I think that uh you know I thought that doesn't surprise me at all first off but I think the fear is like you look at that commercial you go oh man what if they decide to just do that if they could just do that you know and I think that was the where the fear the main fear came from and I you know look you wrote the piece and it was pretty clear that you know once the once the terms were explained by somebody who actually understood the terms it wasn't what you thought it was but there was a moment I felt the same way when I started reading about the new Terms of Service but like he was DUP but if you look at for example take take it to somewhere else look at Twitter yes so Twitter has much broader terms in Instagram right Twitter can take your tweet they can modify your tweet they can distribute your tweet that can republish rebroadcast every single day commercial organizations use Twitter data that people submit so we embed tweets all day long we make money by running ads next to those tweets no one's freaking out right when you watch the news after a big event it's just news anchors talking heads reading Twitter right right that's what that's the experience of watching CNN after the presidential debates they're just putting Twitter on the screen I love that stuff nobody's paying the users for that right I mean that's commercial exploitation of their work and nobody cares yes now at crazy man 69 says I'm so happy Obama won right just action does that did Twitter just sell his tweet yeah I mean that's the thing though right like you did that happen crazy I don't know crazy crazy and and that is by the way my alternate Twitter handle right and then it's in and you know obviously the more the larger example is YouTube where YouTube has an insane array of rights see your content I mean they can do anything they want with that feel but that feels like but but the YouTube feels like a more even exchange in the sense that okay if I put something on YouTube YouTube can sell ads against that they can use it to promote YouTube do all kinds of stuff like that but I get an awesome streaming awesome hosting service and a public venue to show my videos so it's like it feels like there's an exchange Instagram feels very personal like and even in its in the same way I'm not saying that legally there's a difference I'm not arguing that there's a legal difference what I'm saying is to a customer to a user of Twitter or YouTube I see a clear direct and obvious benefit to you know there's a trade-off I'm getting this public broadcasting channel and they're getting like my content which they're gonna use in different places I feel like it Instagram but it doesn't seem as clear because Instagram feels very personal I think the difference the truth is they're exactly the same especially now that Instagram has like public pages I mean the fact is like they're exactly the same in what they do I think it's the Association that people have with them that makes them feel somehow like how dare you like my Instagram is gonna be you know putting some hashtag group in on a coca-cola page my god how dare you yet like if you're if you're was instant you know was Twitter hashtag group somewhere yeah yeah well I put it out on Twitter like obviously that's gonna be up right so I think that's important but you know what I think let me let me try to blow your mind here a little bit there is this outrage over I put this stuff on Instagram and now Instagram is taking some piece of my copyright that I never wanted to give them and they're gonna sell it and make money off of my stuff right and there's this worldwide outrage kim kardashian is mad you know it's obviously and this is this is as big as it gets and the flip side Viacom sued YouTube because are running around taking their music videos and putting them illegally on YouTube and they you know before VEVO existed they weren't making any money off of that and that was you know that's why I common the record label saying why is the service profiting from our work that we paid for that we created without any compensation now you know how it feels guys the level of outrage in return for that was why is why I'm so stupid right look why don't they understand how good this is for that yeah it's like the the imbalance there is is enormous and it's well one I don't feel any sympathy for a large corporation like they should they should know that YouTube is good by they're the same as human uh their people their peoples United but on the flip side its people only care about copyright when it's theirs they only care about property when it's theirs to give away or not give away and we're very quick online to just trample the property rights of others right and that's like that's what all that's the tension all of these services face especially because you know that this this question that is was asked all last week why don't people just pay for Instagram they don't sell ads at all the revenue potential of you know a million people paying a dollar for Instagram is pretty low it's a million dollars the revenue potential of coca-cola pay us a million dollars to run a month worth of advertising is very high so there's no you're never gonna get to pay for these services it's never gonna work like that and so the tension between how are we gonna use our users property to make money and the tension between what do users want from everyone else is you know like Facebook is valueless is everybody stuff is private right I mean it has no value if you can't just go see everything on it so Facebook is always trying to get people to share more stuff because it enhances the value of their service but that tramples your rights I mean that's why Facebook is so shady all the time because they're constantly walking there but coming up - you're basing of the fence of your yard and saying how about we move this back an inch this is this is a good segue into the the thing that happened a few days ago this non-story that I was joking about right you know so a few days ago khalasar who is who works at Vaux who works with us it tweet 'add a photo of Randi Zuckerberg of the Zuckerberg family right Christmas I don't know whatever celebrating the holidays and to be clear it was a totally posed photo like using the poke they were they were trying out the poke app for the first time or something at the Zuckerberg home and and Randi Zuckerberg put this on her timeline on on Facebook and Callie was fret is friends with her sister on Facebook and she saw it in her time or in her feed and was like oh this is a really cool picture I'm gonna tweet this now let me just stop really quickly and say and I talked to Callie about this and I think it's like you know everybody has a different association with how they use things or how they view things on the internet I I think it's bad etiquette personally I think it's bad etiquette to take to take somebody's content from one service and repost it on another unless it's like a company or the person is being clearly promotional like if Dell posts a picture of a new laptop on Facebook and we write about it on the verge or we I tweet about it and include the picture I feel like not a big deal because it's a it's a the attention was there was to be shared else the intention was to be shared and Callie actually explained this to me that she did a lot of that she did it she covered a lot of the election and that it was very common during the election that Obama or Romney or somebody would post something on their Facebook page and then all the media would go and take that picture and repost it on Twitter because they weren't sharing it to Twitter they weren't sharing the same things and so that was her thinking like Oh Randy posted this publicly which is how it appeared to her and he how long story short Randy didn't post the thing publicly she had tagged her sister in it and it appeared on her sister's timeline I think this is how it worked right because and because Callie was friends with her sister it appeared on Callie's timeline or Anne appeared on Callie's feed and it appeared to be public so Randi Zuckerberg threw a hissy fit on Twitter and was like I don't know how you got ahold of this how dare you repost this but it was like really so I was like these two these two / this perfect storm of of like I think bad digital etiquette on Callie's part sorry Callie and Callie's very lovely and she had did not intend to like make anyone angry it to defend her first second like it lookout it looks promotion also Randi Zuckerberg is the former like appeal no no I I agree it may seem it did seem promotional also if it seems like if it's in a public feed if it appears to you as a public in a public feed it's kind of like a little bit more of a fair game than if it were a private like thing or just shared amongst a few friends but but but so but then Randi Zuckerberg reaction was like totally bad form it's like if you're Randi Zuckerberg like wouldn't it just be easier to DM the person or email them and say hey I saw you posted this picture I didn't really want to be public do you think you can delete it her reaction was to go on Twitter and start complaining about it which is I think what set off this like I considered the thing a total non story it's like hey somebody made a bad judgment call and where to put a picture and then somebody who happens to be a sucker Berg got mad about it and complained about it on Twitter to me those things are like not stories people made it into this big like even ready Zuckerberg doesn't understand Facebook privacy and like it really wasn't that it's like she didn't know that Callie was friends with her sister so she didn't understand immediately how Callie saw the picture which is fine like I don't you wouldn't automatically be able to judge how somebody saw a picture if you saw them reposted on another service and like that's the long and short of it but it became this really stupid story like honestly I'm sorry like we we talked about it a dozen different times like should we hit this and I could not find the actual story in it yeah it's like oh let's it's like if Dick Costolo DN failed if he tried to DM everybody and he screwed up and then we wrote a story about it like even Dukas Tolo doesn't know how to use DMS on twitter like it's kind of not a story it's like everybody makes mistakes like Randi Zuckerberg overreacted and Callie made a mistake of repost in her picture that really is story but it was like seriously on the front page of Reddit the next day which was surprising not just right it was it was in a taxi TV news feed like I saw it like Airport Oh a home that's when I first just an opportunity for people to make fun of Randi Zuckerberg I mean that was like well so I think that's actually the deeper connecting thread here is that our fear and distrust and antipathy towards Facebook is so high that Mark Zuckerberg sister who no longer works for Facebook and is now a reality TV show producer for Bravo we're eager to to tar and feather her because she doesn't know exactly how Facebook how and she's in a unique situation right she has Facebook subscribers she has Facebook friends I mean like that's not a normal Facebook privacy situation for her right well also the whole thing is abnormal because like Kali has a bunch of followers on Twitter yeah ready Zuckerberg is ready Zuckerberg it's not like this happens to regular people you know like my aunt is not on facebook going like how come my my picture was reposted on Twitter by a person with a hundred thousand followers like that doesn't happen because that's not going on in reality because never the Instagram I think Instagram would have if Instagram wasn't owned by Facebook and they changed their terms I think the world would have seen it in a different light yeah they would have done really they I think they would have got anything so if it was still a six person startup and they changed terms of survey I think they would have gotten more slack I think they would have gotten a lot more psyche instead it was immediately read as evil Facebook considers to you no no no and when I first saw it it was definitely my first instinct was oh this must be something that has they've been kind of pushed into by Facebook like Facebook was like you need to get in line with our Terms of Service so please change your policies like that was my initial reaction and I think it's like we have we have a high mistrust or distrust of Facebook because Facebook has been and really irresponsible company they've made really irresponsible decisions and you know like I don't I don't interact with Facebook the way I interact with Twitter or Instagram or any other any of these other discreet services because I feel that whenever I do something on Facebook I'm making I'm giving them something they need to run their bit like I'm making the exchange with them which is like they're only providing the service insofar as it can get them something that you know to me insofar as it can get them something they need which is similar in the sense to YouTube but I feel like what YouTube provides far outweighs what they take away whereas I don't feel on Facebook that what they provide outweighs what I put into it you know I think it's actually quite the opposite it's like social networks are nothing new what they do in terms of sharing is not really special or new and in fact like there are 20 different discrete services that do everything the Facebook doesn't probably better in many ways but Facebook makes it feel like there's an unfair exchange happening every time you do something and that makes me less interested in using the service it makes me feel more guarded about what the service will want from me and what it'll take for me and I think that that goes right back to the Instagram thing which is people felt suddenly that they were taking more than they deserved and I think that's you know I think there's a question of of they're the bigger question here I think is not you know whether the Terms of Service are fair to the user but what are we willing to give up to have a free service because other give us everybody to pay $20 a month for Instagram they would lose you know a lot of users pretty quickly I think I don't think people would say like oh I got a payday 2 you know what is Flickr get 20 bucks a year for a pro account something like that you know we've seen it even with with games and iOS right there was a punch quest was a game like a freemium game yeah and they were gonna run entirely based on like in-app purchases or whatever and it just didn't happen they just didn't make any money until they they they change their mind and said we're gonna start driving people towards in-app purchases yeah right people don't want to pay for stuff and they they have no desire to do it and the freemium model is really hard unless you start to do really shady things like say we know everybody wants this one feature so that's the feature we're gonna hold out unless you pay the money and that feels cheap to people I don't that doesn't engender goodwill in your user base you know I think the question of what are we willing to give up for a free service there in my mind that this was the second piece I wrote about Instagram if the reaction to we change our Terms of Service is always going to be this like heightened scrutiny and this crazy and people are gonna get it wrong I think all these companies are just gonna start writing incredibly broad Terms of Service when we write about a new web service that shows up we don't ever do an analysis the Terms of Service right like right when we when we're like here's if this than that like we never went looked at the terms and said they can take everything from you right right but they it's better for them now to write in terms of service that in for every startup to write a Terms of Service that enables them to take everything broadly probably as they can that's right never change it and I think that and I think that and it and it's really important to note that it's not just that there you know if it's companies are in you know if you're in business to make money or you think you're going to make money at some point I mean this goes for everything no matter what it is and I've done you know right obviously we've done lis business contracts with the verge and with Fox I've done contracts in music and like and and and you know I've had apartment contracts and you know weird things in New York that you end up getting into because you live in New York and in every case when it comes to the person who's giving you the contract their job is to cover their ass as much as humanly possible and even if it's like aggressive or malicious towards the person who's getting the contract I mean sign a lease in New York and check out what the lease says believe me believe me it is not fair to the person who's renting the apartment it is fair to the landlord who owns the property and has something it really has something to lose right so I think that that you know you have to people have to start understanding that these are businesses their intention is to make money and be successful and and in order to do that you typically when you enter into a contract with somebody for your business you do whatever is in your best interest in the contract and you don't as a user you don't get to negotiate you know you either sign the contract er you don't I mean we've been doing this for 50 years then not 50 years we've been doing it for how long 30 years with computers you get a piece of software you put the DVD in or you put the disc in and it asks you gives you this this huge page of legalese which nobody ever reads and it's like agree or disagree well guessing that 99 times out of 100 you agree and you have no idea you're creating two people don't know and it's usually crazy like if you actually read it you'd be like oh wow I didn't know that adobe has the rights to anything I create in Photoshop which they probably do for all I know right but so here's the thing which I think is interesting if you look at the history of like consumer protection law which is like basically started in the 60s and 70s I mean they were to the state governments are like to the point where they're mandating certain size fonts and like rental car agreement was right there like this has to be in capital letters and asked in like 14-point times or greater like this is in the law and it didn't do any good like you can't make people read the contract you just can't like you can you can do all kinds of you know song and answer on it but there's nothing you can like the government can do to make citizens read contracts with third parties it's never been proven to be effective what you can do though is you can you can say well Facebook is bad at this and I think this is probably Facebook's fears the most is Facebook it has this terrible reputation for doing shady things is there gonna be an alternative service it has a better reputation is that service possible well everybody say just like they said with Digg Digg sucks now we're all gonna go to Reddit and now write like Digg is better now and people are like there's all this like reddit controversy they're gonna go back to dig like will people was there actually a market for privacy in the way that there's been a market for user experience and like features all this other stuff our people actually want to care about it and the answer for Facebook overwhelmingly has been no they don't care Facebook continues to do like just terribly shitty things to its users with their data with their privacy and the people keep signing up for Facebook and I don't know where the breaking point is going to come it certainly wasn't a rumor that Instagram was going to sell your photos what's next you know like is it is it like Mark Zuckerberg comes to your house and like gives you like a body scan like is that the level like I don't honestly I don't know so here's the here's the one concern I have was or even I agree with about 99% of everything you've said about this the one concern I have is that we're basing this whole conversation on the person the people just getting the interpretation wrong was there a way for Instagram to handle this better and get that Terms of Service out the way it was originally had I mean it's a publicity issue first and foremost I don't want to completely blame everybody for having a crazy reaction because it's what's in that one so they went backwards yeah so the thing is that they didn't have the piece in place what they needed to do was say here's how we're gonna advertise on Instagram they don't know the answer to that question so what they did was they rewrote their Terms of Service to enable them to share data to Facebook and to you know allow this narrow set of uses we're gonna put ads around your photos that's great they still don't know how they're gonna sell the ads if they had said here's how we're gonna monetize Instagram here's a list of like five specific ad types we're going to do and then we've changed the terms to reflect it I think people would have focused on the specifics and they never would have looked at the legal language but they don't know the answer and I think for Instagram that's the biggest dangers they don't know the answer to how they're gonna make money and I need it now why why change it now why if they had to expect something like this I think they changed it because they needed to share some data with Facebook and in order to share some data they they changed some language about and this is actually a thing they messaged we changed their Terms of Service so that we could share data with Facebook right that was the PR headline of the Terms of Service they should that should have said that right well that's why we said that was the first mistake right but they you know we mentioned Facebook we got boss my facebook we need to send some data to them we need to help do something but they didn't say Instagram so people read the terms and said oh I get it this is how they're gonna make money we need we need it they should have just said look we need Ducker Berg needs to personally look through every photo see if there's something that turns him on right and so we just have to alter our Terms of Service so what's it you know my question for Instagram is are they gonna ever will they get past this are they now the poster child for bad Terms of Service and for like confusion is that part of their brand I think that I think that the Instagram I think this kind of tarnished their moment I think that this is I think Instagram was but you know Twitter has done all kinds of horrible things that the media made a big deal out of like all the aggressive stuff they've done towards developers and you know it there was a lot of there was a big brouhaha everybody was very upset for a week and then a new story came up and the rest of the world went on using Twitter as they had previously which is using the Twitter app yeah yeah just they adjusted to the change the difference between their lives there's a difference between this tiny community of pissed off Mac developers you were loud and vocal and and want to believe they were on the Internet even though they don't and there's you know that that's great they can believe whatever they want they can go to app net and you know talk about like mac to CS or whatever as they do there yeah but there's a big difference between that and my very characterization of the people on app net that's that's what I believe they do and how much and how much better than everybody else that's not correct and there's a difference between that and people saying oh you use Instagram oh they can saw your photos but okay what about what that's like real you know no no I mean there's definitely now in in the I mean that look the fact that this exists I just want to once again yeah just to be clear like I want to point out how what a big deal this is here's the cover of Us Weekly okay here's the page you open about Instagram like it's like the first thing that Us Weekly needed you to know about I do think that they are I do think that their image has been tainted I think that the next time look it's like but I hear people say crazy things about technology all the time I heard people talking in the airport a few weeks ago about how Samsung won a court case against Apple and Apple owes and two billion dollars you know like people don't know what's up like people regular people out in the world don't know what they don't know what you know frankly but I think you have to understand that there are all sorts of crazy rumors about stuff and you have to ask is it gonna be a deterrent when somebody gets their phone for the first time and all of their friends are on Instagram are they gonna say no I'm gonna use what are you gonna use instead of Instagram to share your pictures of cool filters do you know that Twitter now has filters or Google+ like you don't care about that stuff you know that sharing photos with cool filters happens on Instagram and where else do you gonna do it you're like exactly how we nine times out of 10 or 99 a hundred times press the agree button I think people will say like you know I'll take my chances so I do think it tarnishes their image for a moment I do think they're gonna carry this around for a while but I don't think it'll actually stop people I mean only the biggest nerds are going to like let me put this way is Kim Kardashian still on Instagram yes or no do we know did she quit I haven't checked I'll bet you $1,000 Kim Kardashian is still on Instagram you know why she got mad about it on Twitter for ten minutes and then got her nails done and forgot about it and she moved on to like you know whatever the next thing that Kim Kardashian is not here has not posted a photo of herself on the service since that's very words you have our lawyers look into it yeah I mean it has been the holidays actually while we're looking this up you get rid of her account delete her account nothing she has no well here's what she said on Twitter I really loved Instagram I need to review this policy I don't think it's fair four days ago she posted a gingerbread house she's fine listen listen to this if Instagram can sell her images says our Kardashian pal she has to quit because that leaves her with no control I mean Italian Pal is speaking out remind me cuz this does remind me a little bit of a Twitter's Promoted Tweets and like to promote of hashtags that kind of happened no one cared then either was or was there a hoopla there's always a blow because you know people don't want to believe that other companies have to make money it's like Facebook's promoted right so the same thing right like if I really want somebody to see what am I like Facebook status updates I can pay Facebook to put in everybody's feet yeah is that do you care about this is this is a classic we should move on to another topic cuz I'm getting bored of this but this is a class I mean I think this is just a classic internet move I think that we're I think that the Internet has made something just like the Randi Zuckerberg angry tweets to Cali I think the internet loves to make mountains out of molehills and I think that this is not this is a combination of FUD of people not knowing an understanding writing before they understood the you know this is this is that what is the Winston Churchill quote it's like you know a lie will go around the world twice before the truth has a chance to put its shoes on or its boots on its pants on or something I mean this is close this is a classic humanity like we love the stuff that sounds the worst and it's and we love to gossip and it goes you know it travels far faster than the truth and the truth never gets a word in edgewise and and this is just another case of society latching onto BS and and not letting go you know and I think that I'm and I think that that you know I don't think Instagram is gonna have there's gonna be a material impact to them but also it doesn't matter because their business is part of Facebook's business and it's either gonna be a right down through there gonna be a billion-dollar right down from Facebook or not and I don't think that they're a billion dollar right down at this point no yeah yeah I think Facebook Facebook has a bigger it's funny cuz Facebook like they so obviously don't care you know service they launched the st. the same week of the Instagram controversy no not poked the test of you can pay a dollar to message people that's right not friends yeah which is like the shadiest thing I've ever heard so let's actually talk about that I want to have a poke as well and snapchat of course we have to talk about snapchat but so this DUP hey pay a dollar to message someone I just want to understand the the logic here so I'm on Facebook yeah and I am friends I see I'm like searching for something right or I see and I see somebody who seems that's cruising for babe's and I want to talk to somebody but I'm not friends with them and I'm not friends with any of their friends so I pay a dollar to Facebook and they let me send that person a message yeah is that the idea that's the idea and they think this would be a profitable part of their business know that what they told Ellis was this will help us cut down on spam which I don't understand because how can spammers how can you use if you're not friends with people right there they're just like they're they're seeing if you know if they're seeing if people are inching into it it's like it they're basically copying idea from LinkedIn right if you sign up for like LinkedIn premium or whatever it is finds the difference to me is that LinkedIn is explicitly like a social network for business it's for businesses right so you would you would pay as a business to talk to somebody that you want to talk to right right and that's like that makes sense to me on Facebook it's like you know who's gonna pay $1 to talk to me is like jerks from high school creepy like yeah dirtbag yeah and it's like I mean if I were a dirtbag I don't I feel like I would just find some other Avenue I would just no I would just move on I mean a dollar seems like a lot to pay to send it to throw well they're gonna well it might actually be the low end you know this is but it's also funny cuz Facebook keeps on trying to extract real money from people in exchange for like increasingly dumber things so they've been pushing facebook gifts for like forever right like give us a dollar and we'll put like a present icon on your friends page it's like nobody buys this which is why I mean like wildly stupid in my opinion I just don't get I don't know I mean now that the new myspace exists I feel like Facebook's days are numbered I mean I just feel even on it are you all over it at man I'm all over the new myspace yeah I'm loving it I'm loving no yeah I'm on new I in new myspace is Justin gates just a music service basically right I mean they seem to be fully almost 100% focused on music and like listening and like connecting with artists I mean could any of those terrible new metal bands for the early 2000s have existed without myspace I mean isn't Dane Cook a product of MySpace really I think so yeah I think we feel me yeah no PG was a real before my his base but they needed my space to help them but I think that no I don't know the new myspace is not there's nothing to write home about I have no strong opinion on it except that I don't need another social network and I certainly don't need another way to connect with musicians or youth listen to music so I'm not gonna I'm not I don't see myself using it I mean at this point if you're a social network you really have to justify your existence in some meaningful way beyond like we have a different interface than Facebook so that is snapchat and what's funny is that Facebook copied it's so fast but that was snapchat right yeah snapchat was a social network that allowed you to basically not keep a record of what you do and to communicate using the internet and all these great tools we have now without the creepy permanence of the internet and all these tools we have now and it would apparently became an instant I haven't used it yet because I don't have anybody's sex I mean I I have my my brother's girlfriend Katie who writes her BuzzFeed he's obsessed with my fiance his fiancee he's obsessed with snapchat to the point where like I've had a couple of meals with her where she'd like won't stop talking about it and I have to see if she's like being paid but she's just really into this she's not being paid she's really into the idea a snapchat for some reason and not for sexting or anything just for Blix any weird stuff to people and and so I I signed up for it and I mean I played around with it I think I'd seen it already but I I don't I mean to me like there's only really is only one use right I mean it's for sexting okay it's for its for dong its for dong pics okay tonight like and like and yeah you know is it for underage people sending around like nude photos probably cuz that's what kids do right now adays that's what I'm told I mean you know AT&T offers their unlimited sexting plans what I think is I think there is a real beyond just that I think there's a real fear that like you know we'll have some conversation I am or text or whatever and then like you can just show it to somebody else right and that's like people are afraid of that right you this actually gets back to that that conversation about Randi Zuckerberg photo which is you know digital etiquette and and what we think of as what is proprieties and what is not and I think that um you know we have to people are gonna have to deal with the fact that they that if they're living their lives online that that that digital breadcrumb trail is forever right but that's what I'm saying but so that's so snapchat you're saying like to be a new social network you have to offer something Facebook can't yeah I think that's why snapchat was successful even if you know they're not realistic their positioning they're positioning is all wrong I mean yes maybe but they didn't offer it is like they weren't like you know what this gives you an opportunity to communicate with people and not have to worry about leaving this this trail of breadcrumbs it or let you know having them repost it on somebody else to service or whatever it's the positioning was like share hot pics with your friends no they've been even getting way away from they've been knocking if they've been backing away from you guys they realize that like being the service that like 16 year-olds used to send nude photos is probably not a sustainable business or is it or is it the most asuras ultimate if you're like what is a never-ending market its 16 year olds making bad decisions that market never ends there will always be a new group of six year olds making poor choices about their bodies in there and there so it's funny is it Facebook immediately launched coke which they developed in like 12 days yeah you know so by the way so yeah so Facebook launched a basically a competing app which is poke which is funny because Facebook it's entire existence is predicated in Zuckerberg has even said this and and into it to a weird and upsetting and creepy degree that Facebook is predicated on knowing the real you like knowing the actual Nilay Patel or the actual Josh de pulsky they don't want you know they don't want crazy man 69 or whatever my other that is a real account by the way on what more dude crazy man 69 on Twitter yes sorry buddy you know what your your that's your fault for making using that name so it's just fault I played crazy man by the way his last tweet is you look damn fine girl so the one before it to Daniel Tosh about how long you prolly lost in bed this is only four seconds I taught I told you this is my alternate account that I ran out of gas going around her after filling out and it was a hybrid burns you were great a mile and your rhymes are tight keep it going no you don't hear me talking about that stuff and everything hold on a second I wasn't I was getting to a point that's amazing which I'm completely off track from do you know what I was what point I was making just before you start saying the grades you know facebooking predicated on knowing you know that their entire existence is predicated on knowing the real you and using the real you to make money and and and this is like oh here's a private way to message people like you think about snapchat is it can be it can also be anonymous you know and I think it's weird that Facebook once they get in on that game but you know Jason Calacanis wrote and I and I rarely you know talk about him or or even probably agree with him on things but you know he's a smart guy and he wrote this great piece about poke which was basically like why is Facebook making such a big deal out of getting into this game and they should be focusing on on what their product what kind of revenue stream their product is going to generate or how it continues to generate revenue and this is not a revenue generator unless unless they're going to merge that dollar yeah that dollar message service with snapchat it's like pay a dollar to send an anonymous image to sub1 hey free idea Facebook but no J the piece is really good and it's on I think it's on his launch blog or something I write Alice you know I was from a similar piece for us which was that you know pro casts no chance of competing right it was is actually for poke launch people and they're just rumors and Alice repeat pieces like people don't want people don't believe Facebook is going to throw anything away they believe they're gonna take everything and keep everything and like build some perfect advertising profile of you and so they're not going to use poke and I don't even know what the numbers for poke art are now I don't know if people are using it right no one has brought it up to me I think it's a great use of that brand you know in facebook first launched poke was like the feature like that was the thing you did with Facebook that was the Facebook that were like we can just hit a poke button there's nothing sensitive about that and also Facebook isn't too bad right yet right well it was that was like baby college facebook before ads right but like it's a it's a good use of the brand I just don't know if anybody's going to use it I certainly have no desire to give this goes back to what you're saying Josh I have no desire to give Facebook more things and I made prove it that they are a good place for those things to go yeah and I mean and I think it's like it's it's it's really important to to think about well first off like what's the point of the service I mean and how does it mean how are most people can interact with I mean do you have a reason to use snapchat no well sadly no like right sadly now I'm just saying all the people who need to see my dog have seen my dog wow that is bald deeply that is deeply any I'm moving on you come to your life you're older I just had a birthday and so speaking speaking realize that the dong list is closed speaking of dongs snapchat snapchat we turns out there they've got some security issues they had a bug it was covered last week that that you could see the videos that you send people after the period with that you could watch them and poke though I think poke an issue yesterday I don't know no snapchat had an issue no snapchat we ran snapchat this today has like an iOS bug where you can see your videos the videos that were sent to you so you know that's the thing is ultimately these aren't really they're not really private and there's always going to be some way around it's like once that picture hits somebody else's phone it hit the phone and there's gonna be some way to get at it and I think that there's also some stuff you can do to be able to save these photos right so it's it's not Chuck and Facebook so what it is like it's there's a photo file it's an easy movie file if you just have a file browser for iPhone you could just grab these right I mean I think once you create you know bits there people can copy them in one way or another I think that's like fairly obvious but yeah it's like um well the BBM used to have like read receipts like back in the day and I remember Jacob Schulman telling me about all these like bbm hacks he'd done so he could read messages without letting that people know that he'd read the messages I'm like it's the same image it's the same thing it's the teenagers are gonna like hey if you're gonna make bad decisions other phones and be figure out how to avoid the technology in place to insulate them from those bad decisions right they're good at it you know like that's that's just the way it goes yeah and I think that um I think that I don't know and then I think I think the time has come where we you know based on this like the Instagram stuff you know people need to really start thinking about what it is that they what it is they're doing what they want a service for you know that that you can't just be like everybody's just signing up for every new service I mean and we have this you know in our industry it's it's like this desire to use the new thing and I feel like a lot of times you kind of rush to use the new thing without thinking like what is the new thing do for me exactly or what does this do that other things don't do and I think that that I'm not saying let's not use new things because I love new things but I am saying like maybe a tiny bit more of critical thought behind what it is we want to do with them and how we want to interact with the world using those services might be beneficial so understanding what what terms of service meeting versus right thinking you understand what I think I I imagine Pope had a decent launch because the cost to try was nothing but there's nothing I kept it around yeah but but you have to want like if you're a um if you're a Facebook user you have to want to communicate the way Pope wants you to communicate and how many Facebook users are like oh man finally I can send discreet secret messages all this time I've been interacting on Facebook the service that lets me connect with my family and friends but what I really wanted to do was send dong photos to my to my loved one secret dog photos like I haven't honestly I haven't used poke so I can I really can't talk about right I mean a crazy man 69 is you spoke well you only to send sick burns Daniel talked got a do you have to do it in a discreet manner tacho get catch on all right what else do we have in our list of topics anything we do you see the Hobbit I was actually very curious I haven't seen The Hobbit i won't i won't see another three and a half hours of anything set mill earth I just don't care I'm mad do you see it I have not same thing I'm just like I'm not essential I just don't wanna see it in 48 frames I mean I feel like I have to go see cuz cuz of the 48 frames right but King like can we just say like half of it and walk out okay I'm just gonna see what it looks like that's all I want to see I mean I guess it's here's the thing I really really hate going to the movie theater bad like it's I vowed never to do it after seeing Dark Knight Rises in the theater and because it just was the worst experience I mean that's the thing like movie theaters are just bad experiences for seeing movies I mean if you want to hear the movie or and be comfortable I think IMAX experience is something I think an experience the guy maxes were you know worth going to that i-i-i personally not a big iMacs fan so I know that's sacrilege just to say I like old fat I'm like Quentin Tarantino I like old-fashioned movie yeah but uh but yeah I've just know I was like the level of interest in the Hobbit that I have right now is could not be lower yeah especially because it's parently a bad movie but I feel like I have to go see it I mean I don't know go see it go see it for us would you I mean are you and are you oh you're like we ran a review of it and like yeah right somebody some did somebody else saw it I mean I want to see it with 48 frames I just want to know what that's like let's go it's like breaking a movie theater and see a straw so you mean I don't think you've to break in you can buy a ticket I just want to like see it you know like why don't you just buy a ticket and we go see a little bit of it and then leave all right that's actually what we should talk about yeah Oh see yeah we're going to see us again in just over a week yeah you guys don't realize this but CES 2013 is happening when the verge will be there in full force of course yes and this could be a really interesting CES and what we're gonna put we'll put some some info about CES activities up on the site very soon yes um this can be really interesting to see yes because a lot of the big players are not going to be there in any meaningful way like Microsoft for instance is not going to be there and I think everybody's got seems like they've got scaled very scaled down plans and maybe I'm mistaken maybe we're going to be blown away by something maybe this is the year that you know sharp just slays it 4k man yeah I mean maybe I mean maybe but I don't know a lot of people just bought their HD TVs and I don't 4k is like it's cool but it's a far-off dream at this point you know I don't think like there's me a big push for 4k next year because the industry does it I don't think industry feels like changing up everything that they do at the moment when they haven't even figured it out I think once again and this was happening last year we saw a ton of Smart TV stuff happening with everybody anticipating that Apple was going to introduce something they had to like beat them to the punch everything that was introduced last year was essentially a failure nobody cares about it nobody talks about it remember there was like motion controlled who hadn't looked like Phillips head not Phillips I know Sam Samsung an algaecide motion controlled remember that everybody's talking about how they're cool motion control TVs work like no nobody talks about it nobody cares about it voice controlled nobody talks about it nobody cares about it Smart TVs are basically an on thing you're either using an Xbox or a Roku or an Apple TV to get Smart TV content I think my favorite stat of the year has been most TVs now are Smart TVs and it's like yeah you made all the TVs Smart TV no I mean this is like you saying that my TV this is like my TV it's a 3d TV and I will never ever use its 3d functionality like just because you put a feature in it doesn't mean people are going to use it and it's not it certainly doesn't make that it doesn't show that there's any uptick in in in use it just shows that you put the feature into the TV because it was cheap enough for you to do it what was it was it Nielsen MPD that just of the report said no one's using Smart TV features which it's kind of a no-brainer report I have a smart TV and I use I I never ever touch the Smart TV features I also have a smart blu-ray player like there are three I have like three things in my in my yeah set up that art that are smart and I never touch them I'm gonna open up my menu for the first time right here oh no it's not that's never mind yeah they're really slow I mean they're they're bad you know the thing is it like with Smart TVs like the internals of them have to get better at the same rate that like smartphone internals get better for that experience to be good it's like why would you put like a gigahertz Snapdragon your TV to use three apps that you're never going to use like so there's no incentive to do it and you can't the market doesn't change fast enough like I agree with you Josh I think the CES is gonna be very very muted I think there's gonna be a lot of I was talking to somebody in the TV industry couple weeks ago and I was like CES for me is always a series of elaborate lies from TV manufacturers and cable companies yeah and they're like yeah that's what we do yeah I think I actually think as in in technology the lies are more see-through now and I think that you know it's like putting your money your money where your mouth is is actually you know as consumers as a growing mass of consumers adopt and accept and use tech real technology in their lives you know there's some pretty interesting data from Christmas sales you know something like some crazy uptick in smartphone and tablet ownership like three hundred and fifty percent up year-over-year and you know half of that stuff was tablets you know I think it's now one in four Americans has a tablet right I think is that is this statistic I think it sound like more more than in readers at this point or something like yeah and and it's like you know as Zoomers get in touch with real technology that is actually the kind of life-changing and meaningful and execute and delivers on the stuff that they have been told it's going to deliver on you know when you when you use an iPad and you really get it for the first time you're like oh this is actually doing something that that I was promised and it delivers you know I think that this that this is the CES trend of showing up putting on an exciting show talking about how your new technology is somehow better than everybody else's new technology it's like the follow-through really has to be there the delivery really has to be there and I think that CES is is hurt by I think the whole idea of a consumer electronic show is hurt by the sheer amount of BS that companies deliver there but I think yeah I think for until the smartphone era right you could go to CES and this is true this is ycs was big and important you would go there and every company there would lay out some vision of everyone is going to have this product everyone's gonna have a smart toaster or a 3d TV or whatever it is and it turns out that the product everybody ended up having was a smartphone right and now that everybody has a smartphone you have to convince them that they're gonna get something else on top of it yeah and that's something else nobody knows what that is because it seems like almost every product can be done good enough by a smartphone so a point-and-shoot camera it's like cratered right because you can just get a smartphone all this like crazy home control stuff crater because you can just like do it in a smartphone like why would you install a massive home control rig or home automation Reagan like have a dedicated PC when you can install like three of those like Belkin Wemo like light switches and control from your smartphone right right that's what I see I mean oh God all this uh like the Nike FuelBand and the Fitbit and all that stuff I bought one for Becky and I bought one front brother-in-law they have not once used their laptop to interact with the Fitbit right they they're only using their iPhones sitting around with it because it's a better experience and every single thing is collapsing into well I have a smartphone and then secondarily - I have a tablet you know I I haven't actually I'm only using my laptop I'm home for the holidays right I'm only using my laptop on my knee so I get it and do like serious work with it I've been using the iPad and the Nexus 10 like almost exclusively this entire time and I haven't like been drawn back to the laptop yeah that's that's real I mean that's like you know we're buying a new TV and we just did this crazy roundup of Windows 8 all in one touch computers and like I'm it's a bedroom TV I'm seriously considering just buying a Windows 8 like touch TV for that thing just running netflix on it cuz it's it seems smarter to me than spending why would I spend $800 on a 40 inch TV when I could spend $800 on a 27 inch windows when I used to spend why don't you spend like three or four hundred dollars on a 40 inch TV and get like an Apple TV or a Roku because that that's like I don't want all those boxes I just don't want one 100 it's one box yeah but that's the thing it's like to me it's like I don't get set-top box like a big-screen later like don't you want that III would yeah I would get the dumb display and get the box attack oh that would that that's it but so that's the thing you're saying you would get the dumb display but the industry is I'm to not sell you a dumbness no no I get that but the industry is failing I mean we know they're failing no there's something not in this place that nobody's using you know how many opportunities all across the every piece of the industry is okay it's a consumer electronics show what type of consumer electronics are you show me that is better than my smartphone right well it's also it's also it's also trying to justify you know I mean I just think that in given our act the economic state of the world right now trying to justify a secondary purchase of a you know either certain I think we there are certain things you need right in your house right you you've got to have a TV right yeah having most consumers will say well I need to have a TV at least in my living room and it's got to be hooked up to cable that's like bare minimum right we've got it I gotta have cable and TV I need to have a smartphone right I don't think it tablet has reached they need to have at this point but it's getting pretty close like I think we're right on you know we're teetering on the brink of them you need to have a tablet okay and then it's like a laptop or desktop that's it you're done you're basically done on your you need to have like small consumer electronics I guess TVs not a small electronic but from a pricing standpoint they're now relatively affordable and I think that I think that you know you really have to justify your existence and and CES to me seems increasingly like a place where justifying your existence is very difficult not only because you're surrounded by people doing the exact same thing but because the things that you're talking about are actually non-essential just know the point everything looks the same like we're in this point like all the hardware design is very ubiquitous you know like every Co major is showing off different size slates that have the same operating system a little bit different it's a software story now but CES has always been set up as a hardware kind of event and we're seeing right it's providing you gadgets you know I think about how we used to uh like three or four to see us and we were doing Engadget it was like very gadget focused for like okay what what are the camera stories here what are the best top stories right the laptop stories and it's like do those exist anymore are there is there a camera story to told be told at CES mm no I mean IV the last the last thing that was exciting the last thing is exciting CES was like two years ago I think was the it was the Atrix right like wow this could be sorry Josh but it was the one one of the few things I can think of in the last few years of CES where I thought whoa we haven't seen this before right this we didn't expect this and this could actually be really cool like what if my smartphone became like the the heart and the brains of my laptop and I just took like this kind of shell and this phone and like that obviated the need for one of my pieces like cool idea awesome idea totally did not work total failure um but but I think the fact that that that that's the last thing I can think of like what happened last year no I mean it was nothing right it was like there's a little bit much but like that's it yeah there's Windows Phone yeah but Microsoft's presence was nothing new and it's cause they already seen in Windows 8 was we'd already seen Windows 8 and we already knew what was coming and and you know that thick the surface and it's all just kind of a variation on a theme at this point it's like kind of it's like a touchscreen laptop or a laptop that is it also tablet you know or so it's like I mean but that's that's the same as you know an iPad with it with a keyboard dock to me well the surface is obviously different but you know and I'm saying I don't think it's a revolutionary concept in computing the way Microsoft wants it to be at least and I don't think people are necessarily asking for that but so the question is now what what next right and everybody says the next thing is the living room but I think we're actually in a valley you know I think we just happen to be in a valley when it comes to innovation and I think that or you could say it's a plateau either way I think that we've hit a point where there's been so much rapid-fire innovation over the last five or six years that we're now just kind of coming to grips with what it's like to live with this innovation and what it's supposed to do you know you barely had a chance to see what an iPad can do at this point I mean I don't think it's nearly realized the full potential of something like an iPad or even a smartphone you know I mean in Japan people use their smartphones to get on trains like we don't do that here in America and there are a million other examples you can use use of ways that smartphones can be used I mean home automation is a place where home automation is not a new idea but if someone were to make it simple enough and prove that it's energy-efficient and prove that it's actually an improvement to your life in some way that you can afford and that you want that would be a big deal but that's all kind of tied like you said to the brain of the smartphone to the existence of having this thing in your pocket right I think I think I I agree with you I think we've we've hit the point where we we put the computer in everybody's pocket which is a remarkable thing to have done and now the question is okay now what like what are you gonna do now like really you you and I actually think the way it's the way things will look for people in the future is you will have like the one big desktop computer in your home and then you'll have like phones and tablets it like revolve around it in the cloud so that your photos don't just go to Facebook or Dropbox or Picasa or whatever they actually land at home and you have more control over them wait you think you think we're gonna start doing desktops not they weren't the point people just do not want desktops you know I think I think people are going to stop buying laptops so we're already seeing happening right like the trend towards buying tablets instead of laptops is real I just bought for Christmas I bought my mom a new iPad and so the laptop right she's never expressed any interest in honing a laptop to me she's had one but she has a combination of an iMac in it and iPad and that's what she wants but you think you actually start going back to desktops at games like I want some physical location for my product well I think I think people are gonna want a big screen and I think they they're gonna want like storage yeah I mean like you take a lot of photos on your phone I think you want to see them meet them it's it's the cloud now like that's what we're gonna say it's in the cloud yeah but there's there's no 21 inch screen and for you to look at the cloud right like Josh do you have it you don't have a desktop do you ever miss one you know it's funny I was talking last night about thinking that I maybe wanted to get a desktop you know we're moving to a new office I was thinking maybe I would get a desktop for the office and just use that for work I also you know thought it'd be cool to have one at home I got I don't nothing I do require as a desktop I mean I just don't see any need for it I mean I'm not you know it just doesn't make any sense to me I can't understand why you have like you have a time capsule I'm it's like I'm trying to remember what your setup is as you've told me so you have some place where like there storage in your life right like your computers all back up to sometime now backing up exclusively to CrashPlan oh really in the cloud yeah and in fact I'm actually I paused a backup that I was doing of an old drive of mine to crash plan I think crash plan is brilliant it takes like all of the guesswork out of this stuff and it's like a little bit it's like a little bit more complex to set up and to used and you know something like time machine mm-hmm but it seems to be way more reliable and I don't have to worry about my stuff disappearing because it's redundant ly backed up on a bunch of server somewhere it's it's cloud again there's no physical location yeah I'm over I mean the whole the whole I mean the whole idea of physical storage to me seems like ridiculously hopelessly outmoded and like when I open iPhoto to downloads my photos for my photo stream it seems like the archaic experience no it really does it just seems like it's puzzling to me why it would even exist in that manner like yeah right your iPhoto folder should be it your iPhoto should be like a folder like a like a Dropbox or Google Drive folder on your computer that they just exist in that like they're there they just look you have to open iPhoto to get the photos down to your computer it's hilarious please it's the one it does it's the part of it that does the syncing right like just bizarre like I don't even understand why I'd want to store stuff like iTunes like yeah I was talking to you know we talked about this before but when I do the thing with Brian Williams I was like do you still use iTunes he's like yeah and I like to me the idea of opening iTunes to listen to music is just a totally alien to me now I hardly ever do it and it just is not how I ingest or experience stuff and so I think that I think that the you know I mean like the cloud is obviously where everything is headed I mean look we're using a cloud service right now to have this conversation you know I love the fact I don't have to open Skype to do what we're doing I mean it's incredible I'm also like also it's just it's like better like this is extensible like that we're using this hangout toolbox which is something you can install to do the lower thirds like to me this is such an amazing like concept and this is in a browser you can do this on a Chromebook that's 250 dollars there's nothing happening here that can't happen on the $250 which to me is the most brilliant thing in the world then I think that um you know when I think about my phone and my tablet everything that I do on a yes it download stuff but ultimately everything I'm doing like if I'm not playing a game is cloud-based right you know whether it's social whether it's reading you know if I'm using like I use reader on my iphone on my ipad and some other RSS stuff on my Google products but you know they're pulling down stuff but essentially it's polling from the cloud it's not like I those don't need to be there they could I could view them only in cloud form like news stories Twitter is all obviously cloud - Instagram is all cloud like I'm not storing Instagram photos but I'm thinking like if I had to like build the Hat like the house that I wanted it would have like an iMac in like my office with like hard drives there all the stuff that I don't want to put in the cloud and I want to keep near me right what is that what would that be I mean your hard drive your hard drive is more likely to fail your personal hard drives more like I mean I'm not saying I wouldn't like backed up but like the photos that I take well when I download them from the cloud every time I want to look at a photo that I've taken I'm my niece and nephew they watch they just bought elf right from iTunes they've downloaded it to one of their computers I don't want to stream that from iTunes every single time I want to watch it and sometimes like they go in cars and I don't want to like yeah I mean you know there's definitely you know there's definitely situations where you want stuff locally stored but it's I mean I'm just like at pains to think of when those situations happen for me you know like like I get that yeah you kids go in the car and they want to watch a movie on an iPad and you need to download the movie to the iPad okay fine Linda should be a checkbox that says download this to the iPad that's what that's what that's what you know that's what um Google services do like if you write get something on their TV whatever you know they're a story you can download it or you can stream it but you gotta come when it comes to pictures you're not looking at the full res every time we're going through the thumbnails then you del are you looking where who needs the full res on your regular size monitor right you know even on it even on a 1080 HD TV you're not full res is like your NIT way out of the vicinity of what full res but who doesn't want to zoom in endlessly okay but but but that's fine but I mean on a decent internet connection you know what I'm saying is I think to bring this all the way back to CES I think the next part of this puzzle is okay now we have like 50 disparate things we have 60 cloud services but an average human being doesn't know what to use how to use it how to connect a phone to their tablet so they're great right how to make how to bring all the stuff the end this is why the living room is the holy grail right I mean this is housekeeping though ultimately you know I was it's well it's it's housekeeping only in a sense that like instead of there it's housekeeping in a sense to me has to build the house right I mean it's we've dumped a bunch of like cement in like two by fours and I in a yard in a pile enjoy this is like a obvious pictures like nobody ever actually said like here's that here's how you should live I'll be on to the you and I think about local storage my main thought is storing things on things that I have control over like physically usually ends in tragedy for me usually ends in like my stuff getting erased or being destroyed like this just happened with a bunch of time capsule backups that I had they got destroyed because something happened to the drive-in that if if I'll be honest with you if somebody could come up with a if somebody could invent a harddrive that was like zero failure rate like this will never break that would be like you will never lose data on this product that would be a revolutionary project will drive you'd lose it in a movie ok fine let's just say it's up to me to make sure that the physical drive doesn't get lost alright that I don't that doesn't get burned up in a fire or dumped in some water if you could make a drive that was like no mechanical failure no data loss like absolutely resilient and redundant in some way that meant it would never ever lose my data I want to use local storage a lot more I would download things a lot more often I just don't trust I don't trust my hard drives I don't trust this equipment to store my most important things what I do trust is an array of servers and and drive somewhere that are like essentially infinitely redundant you know I believe that Google will do a better job managing my data than I will I believe that Google has more redundancies in place than I do I believe that CrashPlan has more redundancies in place that Dropbox has more redundancies in place you know why that's their business their business is data storage and so like I think that would be a great hurdle to jump over but I do think getting sorry getting back to the the living room idea or this you know I do think there is the question of making all this stuff work I mean look I am we had Christmas dinner a few days ago and Katie's uncle who's in his 70s has had just gotten an iPad and he was setting it up for the first time and man he knew nothing about it he did not know how to set it up and it he never would have been able to figure out how to set it up and like when he was using it for the first time he didn't know how to touch it and it was crazy to me seeing someone like he was like trying to get in there with his fingernail and he was like he was like aggressively I was like just touch it like you're just you know like you're pointing out something on a page like it was even I couldn't even explain how to touch it properly fingernail was it like something he was just used to like this bad like no but he was like he was interacting with the buttons like they were physical buttons like you had to like press down on them hard or get your like get it on edge on them somehow like he was just but what the thing is like I said of iCloud for him and I felt like God in a million years most people cannot figure out how to get this stuff working properly you know cannot figure out how that's the thing about Google that I think that they don't get I don't know if they get enough credit for it but you know when you set up a gmail account like your stuff's just there like you know you the password to your gmail account like you can just get it that stuff there's a place to click on it it's wherever you go there is no setup you know you're not downloading anything you don't have to connect anything there's no syncing it's like it's just there and like now that they've integrated a bunch of their services you know like targeted ads of course which theory yeah I mean I just that's just like a non-issue a service targeted ads that's all what that's exactly what Facebook does 24/7 yeah so like oh I guess you hate Facebook too you know like how about you know it's like I don't have a promo targeted ads like they don't bother me they don't bother me in my email even because it's just I've seen reading words but the point is that their stuff sinks and works and when you get an Android phone and you put your Gmail account in like you get your calendar you get your contact you get if you are drive user you download Drive and you say I want to use this Gmail kind of all of a sudden your contents they're like ah to me like that they actually have been they've been solving the problem all along and that's where everybody else has to play catch-up to it's like put your TV down in your house put in your Gmail account and all of a sudden like all your content is there I mean that would be that would be a problem-solver they have obviously haven't done that they try and fail to do that I think there is this lack of connectivity between these things and lack of like understanding for most people how to make them really useful you know I don't think I Cobb provides the seamless like wonderful elegant experience for it provides a kind of a confusing experience so I think that for TV makers or for set-top box makers or for people who are doing home automation or talking about the living room or the household I think to make things work together is would be a big is that is that building the house Nilay is that what you think yeah I mean that that's it it's it's take you know my mom when she we got her an iPad but what she was saying for like the week before Christmas was I hear nooks are good for reading and we couldn't figure out what the hell she meant and she was just being very opaque it turns out that she just meant that uh when you get when you have a note can you go into Barnes & Noble they let you read for free for an hour so we should disappoint it when you got her the iPad know cuz I was like look it has LTE like you don't need the free our Wi-Fi Barnes and Noble she's like oh it's it's way better for me and like yeah what what just happened like that it's it's this the level of confusion over this stuff you know the I keep on we came to Samsung ads were they they're sharing the videos by touching together touch to share over NFC but in the ads are a complete lie because the videos don't transfer just by touching like they have to like go up through the you know what I mean like yeah it's not real but that is the vision that they're in it's it's not even today right right but that the division that's out there in the world like this is once you get this stuff you just start doing all these amazing things yeah is once you get this stuff you have to start making this endless series of decisions over what services you're going to use over whether you trust Google to store your data or you trust Instagram to not sell your photos or whatever the media is telling you it's going to do or how much do you want to use Facebook to connect to your family in like this a series of decisions is like impossible but I also think that you know oh I agree with that and I don't think that Samsung makes it any easier I mean Samsung has to do all kinds of weird Samsung stuff like they've got their services and keys air and like all this dumb kids nobody's copy right ya know all the all the extra stuff that they've included that are like they've thrown up barriers you know um you know I do think I do think that you know Apple still gets it most right with the it just works yeah scenario and for most things like for our stamps simple setup but I do think there is like removing those barriers or removing those decision-making process to some degree and letting things be fluid I think you're like what what technology needs to do now is focus on like a reduction in friction when I see the share screen even in Android when you see like the how you share like it makes sense it does make sense it makes more sense of what Apple does but there's stuff like that I I think that that's one of those things all over iOS since I've been using an iPhone again I'm just like man the level of friction that happens here the lack of fluidity between things just seems crazy to me you know and I think that reducing friction is a big challenge in technology and I think that the reason if the challenge now and that it should be in the spotlight is because regular humans are using - this is not for just us as not you're for just nerds it's not like hey I know how to do a really complex setup and I know how to go through all the steps and I'm happy to choose like destinations and sources like that's us but most people and the people who are adopting those one-in-four you know the 350 percent increase in purchases on smartphones and tablets that's that's the world and at some point you're either gonna like drown in these options or someone's gonna find a way to like throw you a flotation device so yeah exactly so if we can talk poetic vision I mean there are nodes and their connections the nose was the hardware we're we're bored with that it's there the connection is how do we get to the internet how do you think right now it's incremental improvements in the in the hardware I think the software has been incrementally improved - since iPhone the first iPhone I think you know the last big leap in in in software thinking I think comes from what Google did with Ice Cream Sandwich and what they've pioneered since then like I think in terms of fluidity and I think that you know I think that there's a the whole range of thinking you know the iPad interface is not the best the iPad can be I don't think that it was made for the iPad I think it was made just it was a scaled up you know iPhone so I think that now that I mean Ross what is your exact question I mean I kind of question which is an idea like trying to connect this idea I was going to talk a little bit about wearable interfaces or just different kinds of way of interacting but like that's that's more like a like guilty pleasures like I don't think it's actually gonna be a big deal this year but it's something I wish it would be well I mean I guess with wearable i gifted what is the question you know what is the situation where physical of a more physical interaction makes sense like I don't like talking to my phone or tablet well to be incredibly uncomfortable and and often counterproductive and and slower than tight-knit well you know it's actually interesting is um either there are two things that do a Siri like basically like four or five times a week I use it to set alarms which is it's actually really good at yes and I think faster than monkeying with the clock app and I use it to make a phone call and I use it to I ask it to call the car service in Brooklyn that I use and what's funny is that about I would say quarter of the time I pick up the phone and instead of saying call you know the car service I just ask it for a car and it's funny to me that that's the thing that I actually want to do is I don't want to like skip the step of I want it to call the car service so I can talk to the operator I just want to tell the phone what I want I want it to be yellow right um and I think that's where those interfaces need to go beyond for this basic set of phone functions to I'm asking for this set of like life functions which is another car and I think how to do that and I think and I have to say I think this is one of the places where where Google now gets things you know not always right but often right where it where it assumes where it assumes something and and does tend to assume correctly yeah about what your what your desired action is I don't anything so Ivan I've been using the Nexus 4 and I really think Google now is destined to become the home screen of the phone I think it's right now it's hidden away in this this piece because it's not you know it's not terribly useful but it should at least be a widget it should be a widget but they're you know they're adding cards to it it gets more useful over time they do I think it is getting the like I see it as the home screen of the phone you got the phone I turn on i unlock it and it just shows me all this stuff that's going on and it's basically if you its most basic level just automatic widgets right right well is deciding what data you need to see I mean it's time it's time it's like you know search time location-based widget yeah ultimately you know but I do think that that you know asking it to do something is really not like asking a computer to do something is what we know how to do it's what we used to do it and like you know I'm it's I'm more likely to get the result I want when I type it into Google than I am when I ask Siri to do it I found honestly I think Siri is most useful for locating things and making phone calls like when you have when your hands are full that to me has been the thing that I've found is series like if I'm walking around or if I have like a couple of things in my hands and I need to get a phone number I need to make a call that stuff is like it's like it is like the assistant portion of it really functioning well but I think that in terms of being able to take action in your life it doesn't it does fall short and I think the talking to a phone is not the most useful way to get information and talking to a talk due to a computer is not the best way to interact with it I certainly like maybe people sit around and dictate their writing my my brain doesn't form thoughts like that and maybe because I write but my brain just doesn't work like I can't think of clearly form questions or actions in that way and as a privacy thing to you unless I want people to hear you say that well that's you definitely don't want to be in a car with your friends and you know dictating a text message to somebody that's obviously not ideal so I think that I think that I think that the voice stuff is a little bit of a red herring I think it's just like I think it just didn't put in general like the more inputs the better you know the more it knows what you're doing the better if it knows like where you are and what the time of day is and what you just search for you know that's that's really helpful so anyhow we should wrap up unless there's anything else we need to talk about not really it's pressing by the way that was the most depressing CES preview I think we've ever done I'll be honest you know CES is is um has historically been a gadget show um you know I think that that gadgets are interesting but are far from the most interesting thing happening right now you know I think that there there's incremental innovation happening in hardware I think that a higher resolution screen doesn't blow me the blow me away like you know good we know what good screens look like we know that there will be better screens we expect that faster CPUs we expect that thinner lighter form factors we expect that the question is like what are the things we need now you know what are the things that people haven't given us yet that we that a consumer needs or a user needs to do something and and like I just think that we we have plateaued a bit in the hardware on the hardware front right now and it is a question of good software and the difference between good software and bad software can completely change your opinion of a device you know I think the iPhone 5 is a beautiful piece of hardware I think the software tremendously diminishes often like how elegant of a device I think it is you know where is this has been going around I think the tech press for weeks now why phone is loaded up with Google Apps I mean I use I use Chrome to browse I use the new Gmail app for my email and I use maps exclusively like I won't touch their Maps at all and it's not just because like it just doesn't have the information have the data I need it's not because I think the maps are gonna give me wrong directions I do you think like most the time at least here in New York and I'm looking at a map I'm looking for something really specific and if I can't find that thing in my first try when I'm out and about and doing things yeah then the map has essentially failed but um but you know anyhow it's it's just like you know software there's a lot of work to do in interaction with these devices and we have done we've barely scratched the surface I mean I feel like we're so you know when I think about that I think that the webOS interfaith still seems like really innovative and fluid no but like at years after years after it was announced and year now a year after it's been essentially killed I still think man that interface was really intuitive and really natural and made a lot of sense and I still don't feel that way when I'm using most modern devices like I don't feel that I'm using a really a really natural human targeted device I feel like I'm like still kind of grappling with a computer it was it was a form of her function thing like it was a great interface it did a lot of stuff whatever those cards itself though just couldn't do enough functionally yeah but I mean take it mean take that concept now and match it to a quad-core CPU within a crazy GPU and tons of RAM I mean that that I mean that what we're doing I mean I'm not saying that like hey let's go back to news webOS is interface but I'm saying that the palm did something that I still look at and think this was intuitive and human in a way that a lot of other interfaces aren't and why aren't we doing more of that why aren't we doing more stuff that feels right to a user you know I know that BlackBerry 10 is trying some of that stuff and we'll see how well they pull it off I think Windows Phone has done some real thinking about what users are actually doing but I still think we're lacking a general fluidity to these devices that would be that would really change our experience with them on that meaningful these very odd so so we will be to really quickly oh I guess we should just say if you want to get touch with us you can email us at Virg cast at the verge comm you can leave a comment in the post when it goes up you can find us on Twitter the verge is at Virg Neil is reckless I'm Joshua Topolsky Ross is oh no Roscoe no II on the end Laurel never any and but we will be at CES we're going we have a big big plan a big exciting stuff happening there a ton of video tons of interviews live lots of live video 90 and 90 cut about that Ross go for it we're gonna have we're gonna have every 90 minutes we're gonna have a 90 seconds on the verge all day long so are you crossing yourself yeah Prosser we're gonna have like that we're gonna have like a live show in the morning we're gonna have 1990 we're gonna have a live show in the evening and and tons of live interviews and hands-on zand demos and all kinds of stuff like the whole time we're at CES we're bringing like a big crew out there I think we now have over what is it 60 people over 60 at least over 60 people come in which is insane we have a double-wide trailer we're gonna have like it's cool we're gonna be on the floor we're gonna be in the trailer well a post up probably on Monday about you know our CES kind of outlook in preview and what's happening and and though we have an awesome CES hub page where you can get all the stuff you can just plug right into it which will be up very shortly and we're very excited about that with a new kind of a tweak on our design and it's cool so yeah so we're still very excited by CES there's a lot of stories to tell there we're going to be telling them there's a lot of stuff to cover that we're going to be covering it we are going to be we are the official what is it are our titles official tech news source for CES exclusive we're also the official we're also the official interplanetary yeah new source for CES which allow people don't talk about but that covers a number of number of planets yeah within our solar system and anyhow but it's gonna be big fun it's gonna be a crazy week of news and that's get started what is the official start date of CES is that the I should know this I think the first big day for us can be the seventh yeah it officially starts on the 8th but we'll be there many many days before this can be there's always news beforehand and there's some live events the night before so we'll be covering that stuff um anyway I'm just gonna say if you want to tune into the best the best of the best I mean here's the thing about CES there's a lot of crap there and we will be doing a lot of avoiding the crap and giving you guys like the best of the best that is happening there and you know we've got some I'm excited because you know last year we experiment was our first year doing CES as the verge and you know we found that stuff like our story streams were just like hugely helpful for telling some of these stories about like hey there's a thousand new laptops like how do you see all of them like how do you understand what's going on and like so I think that we're gonna lean a lot on are some of our tools that I think yeah I feel are very helpful to telling these big messy story it's like there's a thousand new coin chutes thousand new routers I know beat that's my new site router yeah is that anything anything else for you guys before we go no I've been here so yeah that's our verge cast have a happy and safe new year even though we know the terrible things are about to happen to you and your family doctor all art try goodbye Paul Paul
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