Henry Louis Gates arrested for being "uppity black man"

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It's all over the Internet: Harvard Professor Henry Louis Gates was arrested by Cambridge police officer Sgt. James Crowley after trying to pry open the lock, which was already damaged, to his own Cambridge home with the help of his driver, who picked him up from a trip to China. President Obama, in a press conference on his health care initiative, chimes in by saying "the Cambridge Police acted stupidly."

President Obama's totally right. Here's why.

Professor Gates problem was that he was being "an uppity black man" against an officer who looked for "uncommon" versus "common" elements to connect with Gates - no connection, or "uncommon leads to an arrest. On the plane from Chicago to Atlanta yesterday, I was in first class on United Airlines (the luck I enjoy as the son of a former employee). There was a gentleman, white, in his 60s, who looked at the open seat next to me, and me, and kind of frowned. I didn't care. He sat in front of me.

As the drinks he had flowed he started talking loudly about President Bush and Republicans and how Nixon was right, and all that jazz which I though was funny, frankly. But - and I have this on camera - I could not help but notice how he was TRYING to connect with the man next to him, who was white, and older.

By contrast, he never tried to connect with me.

Had the man next to him been black, that would not have happened, and that's the problem. Racism in part is the assumption that you are not like me from the start just because of your skin color. If Officer Crowley had tried to calm Gates down, walked around the house and noticed photos on the walls, etc, he would have quickly picked up that it was Gates home. But because he wasn't looking for common elements or to try and calm Gates - he wanted to have power over him. He was offended that the Professor did not defer to him, and thought "He's not going to dance, so I'll teach him a lesson." So when Gates wasn't calming down and obeying orders, Crowley arrested him.

And that's the rub.

Police officers in the old days knew their neighbors and were more peace officers than military actors. Moreover, there's a common habit, 1) militaristic behavior and 2) of trying to put down someone black who's smart and assertive or just has the appearance of decency. This doesn't happen all the time, but I've been a victim of it, too. In 2006 a California Highway Patrol officer body-slammed me on his car just because I shed a tear after realizing I was going to be arrested after passing a field sobriety test and after going to the officer because a person was tailgating me so close I thought I was being followed (and I didn't say anything to contest the officer, but someone told me "I sound smart"). I'm serious.

On the other hand I personally know a lot of officers - many in the Oakland Police Department and the Alameda County Sheriff's Department and yes on the California Highway Patrol - who have far more self-control and intellect of action and also said the officer who body-slammed me was "out of control". But the bottom line is police officers nationwide - mostly white, a few "of color" - are almost hard-wired to think of a black man as bad "just because", and regardless of the look or background of the person, and that's got to change.

A good friend of mine in law enforcement said the problem is "a lot of these officers they bring in who are white or not black at times, don't have experience with blacks. They may have grown up in the suburbs and then only when they become an officer do they have contact with blacks." And then it's too late.

The lack of exposure to people of color, especially those who's "made it" and don't fit age old stereotypes, is hard to shake and explains why President Obama's so important to our future. Seeing a black person in the role is what America needs to advance. America must move beyond the shackles of racism if the nation is to come together as one people and solve our economic problems - the real big issue before us.

Officer Crowley, if he's an expert in racial profiling and how not to use it, should have known that he should not have treated a distinguished Harvard professor like that, especially someone who's black and walking with a cane! Indeed, he should have known who Professor Gates was right off the bat.

That he didn't is alarming.

Irina Slutsky and Tracy Swedlow: vlogging pioneers

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I had the pleasure of hanging out with two of my favorite "vloggers" Irina Slutsky and Tracy Swedlow, of Geek Entertainment Television and Interactive TV Today. The idea was really just to meet at a cool cafe called "Mission Pie" on 25th and Mission in San Francisco and share ideas as friends - we all know each other already; this wasn't our first time talking but it was my first time getting together with both of them at once. We talked about events, vloggers, t-shrts, boobs, and the Karate Kid.

I've long admired what both Irina and Tracy have done. I met Irina in 2006 at an event in San Francisco she helped produce called "Vloggercon" which was my first introduction to the community of video-bloggers.



But what is "video-blogging"?

Video blogging is the act and art of talking into a camcorder or video recording device to tell a story or share information, then taking that video and editing first and / or directly uploading it into a service like YouTube. Some take the resulting video on the service and embed it into a blog, but that doesn't mean one has to do that for the video-blog to be just that. It's just using video recording systems to talk out and show your ideas and observations rather than writing them down. It's that simple.

Video blogging really grew with the emergence of YouTube and Blip.tv before it. For a time, Blip.tv was the service of choice because its quality was far better than YouTube's and that perception remained active until 2008, when a newly-owned-by-Google YouTube started to upgrade its systems. Now, YouTube is the dominant video distribution system. With that, Irina has almost religiously stuck to Blip.tv (though that's about to change).

Irina's one of the pioneer vloggers - remember, YouTube was established in 2005 and Blip.tv in 2006 so vlogging is still new - along with Amanda Congdon and Andrew Baron who teamed up to created Rocketboom and reached stardom in 2006 only to have a breakup so nasty it became an Internet event, causing Rocketboom to zoom from 125,000 views per day to over a million a day. That fight for control between Amanda and Andrew forced companies like ABC to pay attention to vloggers. Meanwhile, in the same year, Irina was "acquired" by a new firm called PodTech, which made video content and drew corporate sponsors to pay to have their image associated with it. PodTech was the first company established to a degree around the content of vloggers.

Unfortunately, PodTech and Irina came to a parting of the ways I will not go into here, but Irina carried on with her work at Geek Entertainment Television. Meanwhile, Swedlow was doing more than just vlogging, she was paying attention to "Interactive Television", which is where the viewer "interacts" with what they're seeing. The best example being voting on television. Anytime you text a message to a number after watching, say, American Idol, you're "interacting" with the television.

Tracy started Interactive TV Today with her husband Richard Washborne in 1998, and rapidly gained a reputation for producing a cool, cutting edge event called "The TV of Tommorrow Show" held at the Yerba Buena Center for the Arts in San Francisco and where she brings together products and personalities for a lively discussion on how televisions future is being shaped today. (You can also hear her show on Blog Talk Radio)

More gatherings soon

Irina, Tracy, and I got together to talk and plan, but I can't say what we're going to do as of this writing. It's not that we don't know; we do - I just can't share it yet. We're still trying to figure out how to include "constantly hugged goats!" (See the video.)

Stay tuned!

The California Supreme Court’s Illogical Prop 8 Decision

 

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Tuesday, May 26, 2009 will go down as an eventful San Francisco day, sunny, and yet dark, and one that saw a lot of people marginalized who didn’t want to be. But then, who does. Before I turn to who said what, and who got arrested, I stick my head right into the belly of the beast, the California Supreme Court’s decision.


Today, in first upholding Proposition 8, the voter-approved initiative to make same-sex marriage illegal that passed in November 2008, and yet protecting the 18,000 same-sex marriages that were done before the passage of the initiative, the California Supreme Court successfully stood logic on its head. I’ve just read the Court’s entire 167-page decision, and while I understand the reasons given by the majority of justices (six supporting the decision, one against it and even then the six judges that agreed were not perfect in their union) I’m concerned with the logic behind them.


To cut to the chase, the Court has placed the 18,000 same-sex marriages in a legally questionable second-class status of rights that, even though the Court claims to protect their rights under marriage, didn’t even consider if those rights would be maintained if the couples elect to divorce or remarry each other for the sake of the children they have.


First, even though I’ve read the full document, I encourage you to do so as well. Even if you think you can’t understand what’s there, challenge yourself, read it, talk about it with your friends. And most of all learn from it.


A Three-Pronged Decision


The California Supreme Court based its decision on three considerations, if the initiative was a constitutional amendment or revision, the validity of the initiative process itself, and if Proposition 8 itself is retroactive, applying to existing same-sex marriages.


In upholding Proposition 8, The California Supreme Court tried to get itself out of a legal pickle created in early 2008, when it protected same-sex marriages in a case called “The Marriages Cases”. To recap, the Court determined that marriage was not limited to a man and a woman.


But later in the same year, Californians passed Prop 8, which earned 52 percent of the vote. Then, California Attorney General Jerry Brown challenged Prop 8 in the California Supreme Court, most famously. (Brown used the observation that “natural law” was over the California Constitution, and since Prop 8 eliminated the rights of a group of Californians, it was in violation of the “unalienable rights” granted by the California Constitution and “natural law”. In today’s decision, The Court wrote that while Brown’s argument was creative, and I would add logical, it was “without merit.”)


And there we have the Court’s pickle: upholding their own decision protecting existing same sex marriages, and yet protecting the initiative process of which Proposition 8 is a part.


In the Decision the majority of judges argue that the initiative process itself is part of The California Constitution and thus can’t be considered something that alters and is outside of the California Constitution. Moreover, the Court writes that Proposition 8 itself is not a constitutional revision, but just an amendment. Why? Because the Court’s majority claims it only concerns marriage and doesn’t call for a large number of word additions or changes. The decision outlines a number of case examples where the Court’s decision backed the idea that an initiative was an amendment and not a revision to the California Constitution, as some of Prop 8’s attackers have claimed.


Finally, the Court majority asserts that even though the framers of Prop 8 may have intended otherwise, the way it was written itself prevents it from being retroactively applied. Thus, existing same sex marriages are upheld.


But here’s where the problem starts, even if one agrees with the other aspects of the majority’s decision. The Court writes “a retroactive application of the initiative would disrupt thousands of actions taken in reliance on The Marriages Cases by these same-sex couples, their employers, their creditors, and many others” (p. 134) and then goes on to mention that such would result in “undermining the ability of citizens to plan their lives according to the law as it has been determined by this state’s highest court.”


But I argue in upholding Prop 8 and existing same-sex marriages, the Court has placed the rights of the existing married couples in disarray and damaged the California Constitution in the process: it’s not for all Californians. If same-sex married couples chose to divorce, they can’t then marry someone else of the same sex, or remarry the same person even if it would be to the benefit of the family they established! There’s no evidence in the Court’s decision – and I looked for it - that this was taken into account.


The dissenting opinion by Justice Moreno focused on the stripping of rights to a minority group, but since the reality is that being gay or straight is really more fluid than fixed and the choice of the individual, the Court’s decision impacts a much broader group of the population and one that’s hard to quantify.


Peaceful Protests in San Francisco


The decision left a lot of people scratching their heads in and around San Francisco City Hall and the California Supreme Court building just next door. While a peaceful protest complete with pre-arranged arrests amassed on Van Ness Avenue between the City Hall and Davies Symphony Hall, a large press conference was held in the South Light Court in City Hall.


California Supreme Court There, many of the lawyers who worked to combat the passage of Prop 8 shared their observations with the audience. San Francisco City Attorney Dennis Herrera, who played a key role in the battle against Prop 8, said I’m disappointed... I think the Court in my view focused on procedure rather than arguments. And that fundamental rights are part of the debate.” He said it was back to the ballot box, a view shared by the Court itself in the decision issued today.


A Shameful Intellectual Display


The Court’s majority decision was shameful, to say the least. I told someone that people will develop an intellectual argument to support their raw emotions, and this California Supreme Court did just that. The Court’s emotional bent is to protect what was decided by it and by the voters in the initiative process rather than challenge it, even if such an alteration would protect the full state constitutional rights of all Californians.


Some conservatives have interpreted the California Supreme Court’s decision as the Court defining marriage as between “a man and a woman”, but that’s wrong. The Court is protecting the initiative called Proposition 8 which claims marriage is between a man and woman because it interprets the California Constitution as consisting of these constitutional amendments and the Court has stated that its job is to interpret the state constitution and that it’s not above it. That distinction is important because should voters pass a new initiative that overturns Prop 8, the Court would be legally inclined to protect it as well.

Michael Jackson Postpones London Concert; Skin Cancer?

 

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In a surprising turn of events, Michael Jackson, the self-described "King of Pop" has postponed his much-anticipated London concert series. While the official reason is not known, The Telegraph of London is reporting that Jackson is secretly fighting skin cancer.

(UPDATE): The Telegraph is now reporting - as of 5:25 PM PST - that Jackson's doctor's deny he has skin cancer.

The first concert of the "This Is It" tour that was set for July 8th is being moved back five nights to July 13th. The other concerts that were to be held this year, are now set for 2010 according to Billboard:

10th July will be moved to 1st March 2010
12th July will be moved to 3rd March 2010
14th July will be moved to 6th March 2010

Those who have purchased tickets and can't make the show will be refunded in full.

While some news outlets have reported no official cause of the concert delays, and others claim skin cancer which they say Jackson denies is the reason, The Sun explained in full on May 16th that Jackson is fighting skin cancer, but at the time he expected to go ahead with his concert schedule as it stood then. According to a source for The Sun, Jackson said he would fit the treatment around the concerts, but it seems Jackson may have changed his mind.

Today, May 20th, Jackson walked out of Bedford Medical in Virginia, which is known for its treatment of skin cancer declaring "I have nothing to hide."

The Concerts Are Jackson's Comeback

Jackson, commonly the focus of reports of bizarre behavior, is still a very popular singer for his library of hits that span four decades. I first saw him in August of 1972 at the Chicago Amphitheater when he was the child star of the Jackson Five. I feel like I've grown up with the man and love his music, even as I watched him alter his face to something south of Diana Ross, drop out of a number of well-publicized marriages, and allow his inner child to take over a bit too much. I hope he beats this cancer. I really do.

TV Show "The Blog Report" Features Oakland's Young Politicos

 

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Last weekend's installment of "The Blog Report with Zennie62" features the 16th District Delegate Election that was held in Alameda in January. The show segment, which is shown here, covers the election process and why its important to the political future of the Democratic Party in the Bay Area.

But the real stars of the show are Oakland's young political activists who are bringing a new energy to the scene here. East Bay Young Democrats President Frieda Edgette, union leader Dan Rush, and Peralta Community College Trustee Abel Guillen are just some of the faces interviewed in the second Episode of "The Blog Report."

Personally, I think Frieda Edgette's the one to watch. The leader of the East Bay Young Dems and "MixitUp East Bay" has a unique combination of energy, intelligence, empathy and direction to rise to the level of congressional representative or senator, and I'm not writing anything here I've not personally told her. In fact, once Frieda learns to ignore the voices that say either directly or indirectly "she can't", she will.

I don't make that statement lightly. The Oakland / East Bay Area political establishment is not known for growing and mentoring future leaders; that happens by the next generation of voters elevating its own officials for the future. In Edgette's case she and others in her organization and many who were former Obama volunteers but not in the East Bay Young Dems have formed new groups of friends and other informal alliances that go out and do everything from raise money for causes to gain votes for delegate candidates like Edgette and Rush; both won the January election.

Take one look at the slate cards made by the organizations aligned with Senator Don Perata last year and one would be hard pressed to find a young political star in the group. Nothing against Senator Perata but it's a wake up call to him that there's a powerful anti-establishment wind blowing and people like Frieda are being carried by it. Perata should get on the right side of it.

President Obama Goes "Three-For-Three" In UConn Shootout

In a video that's just plain fun to watch President Barack Obama hosts the National Champion University of Connecticut Women's Basketball Team at The White House and in an impromptu game of P-I-G, hits three straight shots from about 17 feet out.



What's so cool about President Obama is he's one of us,not the staid person that we've come to expect our leaders to be. He's a much needed breath of fresh air.

Michael Vick To Be Spokesperson For PETA

 

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Yep, you read this right.  According to AdAge.com Atlanta Falcons former quarterback Michael Vick is reportedly "in talks" to be a spokesperson for PETA.  He's ready to do a series of ads for People for the Ethical Treatment of Animals when he's released from jail later in May.  Vick wants to clean-up his image as a dog-killer and reenter society with the problems stemming from his dog fighting business a thing of the past.

You know, as silly as it reads and sounds, Vick may just be able to do it.  It depends on the commercial and how it's done.  If it comes off as Vick just proclaiming his love for dogs, I'm not so sure. (See my video) But if it's done as more of a documentary style, then yes.  That would work. 

Everyone deserves a second chance, and that's certainly true for Vick.  But let's be honest, too.  Michael Vick is very concerned he will not be able to achieve the lifestyle he once enjoyed again.  He wants the bling.  He also wants to play football and knows that's the only way he's going to have even a snowballs' chance in the hell he's created for himself to do that.

I root for Vick because I met him at a 1999 EA Sports Super Bowl party in Atlanta and when Vick was still in college but a star, and I was really shocked at how much a fish-out-of-water he seemed to be.  I really believe he surrounded himself with the wrong kind of people at a very young age and didn't know any better. 

Now he does, but what a price he's paid over the last two years.

More on this soon.

President Obama, Pick Kathleen Sullivan For Supreme Court Judge

 

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Supreme Court Judge David Souter plans to retire at 69 years of age, according to Nina Totenberg of National Public Radio and which she announced today. President Barack Obama has a great opportunity to begin to remake the Supreme Court by installing a real legal scholar who's work and life has impacted many people. That person is Professor Kathleen Sullivan.

Professor Sullivan, like President Obama, is a constitutional law scholar which means she focuses on the interpretation and implementation of the U.S. Constitution. The importance of that can't be understated as we see a flurry of new laws to control speech and behavior (think laws curbing the use of "cuss" words for example) and their conflict with civil liberties. And as the Supreme Court is the place for the consideration fo the U.S. Constitution, it's logical to have a constitutional law professor on the bench.

But who is Kathleen Sullivan?

Professor Sullivan is 53 years old and was born August 20, 1555 in Michigan. She went to Cornell, then to Oxford, where she was a Marshal Scholar, and finally earned her J.D. at Harvard Law School in 1981. It was there, the legendary Professor Lawrence Tribe called her the most extraordinary student he ever had. She's a co-author of the casebook "Constitutional Law" as well as several other books including "The New Federalist Papers."

The person named one of the 100 most influential women in business was Dean of The Stanford Law School from 1999 to 2004 where she recruited such legal luminaries as cyberlaw expert Larry Lessig, raised over $63 million, and established a clinical law practice in East Palo Alto to give students more real world experience. After her time as Dean, she established a new center of constitutional law.

As a private practice lawyer, Ms. Sullivan has a diverse client list, from Republican Senator Mitch McConnell to the City of Honolulu, ABC Television, Hearst Publications and the San Francisco Chronicle in the BALCO case, and Siebel Systems, to name some of them.

She is perhaps the best intellectually qualified person to replace Justice Souter. Her work, particularly in the New Federalist Papers, reveals a mind able to grasp and explain the interplay between technology, social change, and The Constitution. Kathleen Sullivan is the perfect choice and the fact that she's lesbian should not be an issue for anyone.

.

NFL DRAFT Sets record for Viewership and Internet page views

Record 39 Million Fans Tune Into 2009 NFL Draft On NFL Network, ESPN & ESPN2
04/28/2009
FOR IMMEDIATE RELEASE
4/28/09



RECORD 39 MILLION FANS TUNE INTO 2009 NFL DRAFT
ON NFL NETWORK, ESPN & ESPN2

First-Round Coverage Outdraws All Weekend
Basketball, Hockey & Baseball Games

Fans Spend More Time on NFL.com


A record 39 million viewers tuned in to watch the 2009 NFL Draft on NFL Network, ESPN and ESPN2, according to Nielsen Media Research. The total audience for the 2009 NFL Draft is an increase of nearly 2.5 million viewers from 2008 and tops the record of 38 million viewers set in 2007. Total NFL Draft viewership has increased 66 percent from 2001 to 2009 (from 23.5 million to 39 million).

First-round coverage of the Draft drew a combined average viewership of 6.3 million viewers on ESPN and NFL Network – exceeding the average viewership of the ESPN Sunday Night Baseball (Yankees-Red Sox; 4.6 million viewers), FOX’s Saturday Baseball (Yankees-Red Sox and Cubs-Cardinals; 4.1 million) and all other weekend NBA and NHL playoff action (topped by NBA Playoffs First-Round Game 4 on ABC, Cavaliers-Pistons; 5.4 million viewers).

Fans visiting NFL.com on Draft weekend spent a record average of 45 minutes on the site – up 153 percent from a year ago. Visitors to NFL.com over the weekend increased 28 percent over 2008 while video streams accessed were up 65 percent. In addition, fans viewed three times more NFL.com Draft content on their wireless devices than a year ago.

More than 48,000 fans followed the NFL Draft via the NFL's Twitter pages. NFL Commissioner Roger Goodell's Draft tweets were read by 3,690 followers. NFL Network's Rich Eisen drew 4,383 followers and posted 309 updates throughout the network's two-day draft coverage. NFL Network analyst Jamie Dukes had more than 1,500 followers.

Police Officer Abuses Reporter In ElPaso, Texas

This was presented by CNN's Rick Sanchez and if you watch what happened to this KVIA-TV El Paso, Texas reporter and cameraman, you have to agree the police officer was so drunk with power he didn't give them a chance to get in their car. This also happened to Oakland Tribune photojournalist Jane Tyska in Oakland last year. Something has to be done to inform officers to treat journalists better than this.

NFL Draft: Matt Stafford, Avoid The Detroit Lions

 

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A Message to Georgia QB Matt Stafford regarding the NFL Draft. 

Matt, one week from today you're going to be in New York for the NFL Draft as player and I as media .  Many people expect The Detroit Lions, holding the first pick in the player selection event, to make you the number one pick. I've got some advice for you:

Don't let 'em.

Matt Stafford (photo from Google Images)

Matt, the Detroit Lions are an organization of rich tradition, but a history of failure. The Lions have never reached the Super Bowl and playoff appearances have been few and far between.  And the ownership has focused more on hiring personalities than building a winning organization. You won't win there. 

Why? 

Take a look at the NFL coaches who have won.  All have one thing in common: they're known for systems.

Vince Lombardi, the legendary coach of the Green Bay Packers was known for one play, the Power Sweep, which the Packers ran to perfection winning Super Bowl's I and II. 

Chuck Noll was the four-time Super Bowl winning coach of the Pittsburgh Steelers who's system consisted of a trap-based running game and aggressive pass-blocking on offense and on defense the "4-3 Stack Overset" alignment. That was the basis for the Tampa Defense that was created by Coach Tony Dungy, who was a Steelers assistant.

Coach Dungy took that Tampa Defense to the Indianapolis Colts where he was reunited with his old college coach and now offensive coordinator Tom Moore, who installed a unique spread offense, and that team set NFL records for wins and playoff appearances, and won a Super Bowl. 

I could go on, and on.  Tom Landry was the father of the 4-3 Defense and "zone" pass coverage with the New York Giants in the 50s, then refined the concept, creating the "Flex Defense" as head coach of the Dallas Cowboys where he won two Super Bowls.

Coach Bill Walsh is the father of the West Coast Offense and won three Super Bowls with the San Francisco 49ers (and indirectly two more, as his system was still used after he left), and for good measure A Pac 10-Championship at Stanford. 

You getting the picture, Matt? 

Jim Schwartz as Lions' head coach and Scott Linehan as its offensive coordinator are not known for a system that works.  Name an NFL Quarterback that Linehan developed into a Super Bowl winner? 

None.

While Linehan is known as a coach who's pass-patterns Urban Meyer used for his spread offenses at Utah and Florida, it's Meyer who won with a new total offense he created, and not Linehan. 

Coach Linehan recently said they find the players and then make the plays for them, which means he's got no idea what he's going to do. 

Don't go to Detroit, Matt.  You won't win there.

So where should you go? 

Denver, where Head Coach Josh McDaniels has a proven, modern offensive system. And New England, where Bill Belichick has the best situational offense in the NFL.  You can learn of Tom Brady.  But if you go to Detroit, don't say I didn't warn you.  But if Linehan reveals his system as a result of this little attack of mine, maybe things will change. 

We'll see.

Good luck.

Simon Cowell Leaving "American Idol"? YEAH!

 

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I just read the news that Simon Cowell, the British entertainment mogul who's terrible bedside temper brings an edge to the popular reality TV show "American Idol" is now considering leaving it. My reaction? YEAH! DO IT!

Look, I never really watched American Idol at all -- but I've seen at least once -- and the reason was Cowell. I've got to be honest. I don't like it when people are mean to each other when they're supposed to work together in the real world, and I like it even less on reality TV. Cowell tossed insults at fearful contestants like they're hand grenades then he sits back and watches them cry!

Maybe Cowell is the perfect poster child for our fashionably rude society, and if that's the case and his departure would help improve American Culture, then the faster the better.

Cowell says he's tired; that going between two countries and doing three shows is hard "so one had to go" he told the British press. All I can say is please let it be "Idol" so he's not on in the American states for a while.

(And after unknown Susan Boyle's beautiful, blow-you-away rendition of "I Dreamed a Dream" from Les Miserables on "Britains Got Talent", I'm willing to be he's not skipping out on that show.)

Cowell's departure is good for Idol. Even Ryan Seacrest says this, pointing out the ratings drop I referred to earlier. But even then American Idol still rules the ratings its time slot. Maybe Americans like a villian, and Cowell is that. He told Seacrest to "Come out of the closet" and has been called childish, insulting, and a ton of names I can print here.

So who would replace Cowell? Well, someone mean, childish, ambitious, and cold for starters. For fun, let's make a list. Here's mine:

1. Dick Cheney for throwing President Obama under the bus, or trying to.

2. Sarah Palin for throwing everyone under the bus she's worked with.

3. Jamie Foxx for telling 16-year old Mylie Cyrus to make a sex tape and use heroin.

4. Rush Limbaugh for everything.

5. Chelsea Handler for having a cheap, racist TV show.

6. Alec Baldwin for yelling at his young daughter.

7. Jim Cramer, who I like but can wreck a company's stock in moments.

8. Naomi Campbell for throwing her cell phone at an employee.

9. J.J. Abrams for messing-up the San Francisco Skyline in "Star Trek" '

10. Perez Hilton who tosses made-up Internet rumors around weekly.

I'm sure you have your own list. Let's see it! Make a video of your "Top 10." I left "me" out because I didn't use the term "ego". I have a large one.

President Obama Was Correct To Bow To King Abdullah; Conservatives Are Idiots Here

Warning. If you're conservative, you're not going to like this post, ok? But the fact is President Barack Obama was correct in his act of bowing to Saudi Arabia's King Abdullah. It's called - drumroll please - the right protocol. What it does reflect, is the end of American Machismo in foreign affairs. You know what I mean. The desire to show we're better than someone else, (because they're different) which could be thought of as a kind of racism since the basic idea is to put someone down because of their race. President Obama is a breath of fresh air here. He seeks to make partnerships around the World, not line up new candidates for industrial exploitation.

Conservatives are upset because many it seems want Obama to show America as tough. OK. That got us September 11th 2001, or what we call "9-11." Yes, much of our foreign relations have been tied to America showing its military or economic muscle over the decades, but now the era of Pax Americana is over. We have to use another approach. It's called diplomacy. But the general, accepted rule is Royalty outranks heads of state. The idea is a President is only such for a few years, but Kings and Queens are that for life.

Obama not only did the right thing, even if his press secretary is trying to make it go away, but Obama signaled a major shift from how America has dealt with the Arab world, and he did it at the right time. We need to have a better image around the World.

Also, bowing is considered a move of affection in East Asia and Obama was expressing just that. What masks an appreciation of Obama's act is simple, pure, American ignorance. The xenophobic idea that one who's of the USA doesn't need to know about another country or its customs, but that everyone should know about ours. It explains why so many of us don't know another language let alone english, or embrace the themes of other cultures. Here, the San Francisco Bay Area is different from America (come to think of it, so is Manhattan and Seattle and LA, and Miami). We don't have that problem to as great a degree as in, say South Carolina, and at least in what I call the "Inner Bay Area", which is between the Pacific Ocean and the Hayward Fault line.

But other parts of America need a whole sale intellectual cleanup. And yes, we have a lot of appologizing to do around the World because we've screwed up so much of late -- that's what created 9-11. Remember our ill-advised President Clinton-directed 1993 Somalian incursion under the idea of a humanitarian mission, when it was really an occupation? It was Osama Bin Ladin's group that got us out of there. And successful, they were emboldened to consider an attack on America which led to 9-11.

The Chicago Sun Times ran a shameful opinion piece on this matter and Sun Times Columnist Steve Hunley wrote a column that represents the macho, non-thinking American more concerned with being tough than being smart. I just hope he's not that way.

Frankly, Rambo was a dumb movie and an even dumber idea. Best to leave him where he belongs -- in the past.

Obama: The U.S. Is Not At War With Islam

From Digg.com"Reporting from Istanbul, Turkey, and Ankara, Turkey -- When President Obama declared Monday that the United States "is not, and will never be, at war with Islam," he was addressing Turkey's parliament. But his audience was the wider Muslim world.

The president's ringing affirmation of partnership with Turkey, which he described as a vital bridge between East and West, was interwoven with a highly personal appeal for a change in the tone of discourse between the United States and the world's Muslims."

Sara Lacy Returns Home: A Note On How A Good Relationship Should Be

I just read Sarah Lacy's post on how she misses her husband and that he's a great guy for being patient as she travels for her work, which is writing about all things -- all almost all things -- tech. It was heart-warming. It also reminded me of how one has to have a great relationship just to survive the demands of today's work world. Congradulations to two great people.

Promise Tech Sued By Carbonite : A Lesson In Data and Responsibility

Three days ago I decided to write a blog post that focused on an issue which at first glance would seem to have all the stuff of sleep-producing content.  It's a tech matter involving a company known as Carbonite , who's corporate mission is to provide "Unlimited online backup for one flat fee" according to its website, versus another firm Promise Technology.  The same website reads "How will you survive a computer disaster" and with a photo of a man that could very well be me, head bowed in his hand. 

Video version:




YouTube, MySpace, Metacafe, Blip.tv, Crackle and Sclipo

In fact, a couple of months ago that was me.  My MacBook's hard drive crashed big time, and while I was away from my home and office.  Even though I was visiting my mother in suburban Atlanta, I was still without my second computer and even worse, I had to catch a flight in just five hours.  So, I found a place nearby that works with Apple products and the tech warned me to have my "stuff" backed up.   All of the "stuff" I needed was online in various places, so I was ok.  

But it never entered my mind to me to sue Apple Computer.   

Thus my interest in this lawsuit over a matter that happened over a year ago but with a lawsuit filed almost two weeks ago.  Here's what happened:  

According to The Boston Globe , Carbonite is suing Promise Technology and another company Interactive Digital Systems for allegedly faulty equipment and breach of warranty, respectively.  Carbonite was responsible for over 7,500 backups which it lost in 2007.   Promise Technology hardware was supposed to monitor customer data and preserve the information  Carbonite claims the products by Promise were "defective".

Promise stands by its hardware devices and says they're reliable.  

This story has hit the tech blogsphere like wildfire.  It was picked up by TechCrunch first, and that story became linkbait for a number of blog posts rendering fact and opinion, including mine, because I was interested in what the comment writers had to say, most of which was critical against Carbonite.  

See, what's hard for many to wrap their mind around is why Carbonite itself lacked a backup system, especially considering the number of customers they had?  Every time I've had a hard drive problem over the years, people have asked, "Did you backup your data?"  That's asked all the time; I can hear someone asking it now.  So, the story spread and so did the comments.  Eventually, even our San Francisco Focus Blog entry on this had comments.  But one of them really caught my attention.  

This one:

Hi Zennie, 

I would like to make sure that your readers understand two points with regard to Carbonite’s lawsuit against Promise Technologies as your headline is misleading to the facts of the case:

1) This event happened over a year ago. We do not say this to minimize the matter. But we do want to point out that this has not happened in a long time and is not an ongoing problem. 

2) The total number of Carbonite customers who were unable to retrieve their data was 54, not 7,500. We did take responsibility for the loss of data, which impacted the 54 customers. 

Here is what happened: The Promise servers that we were purchasing in 2006 and 2007 use RAID technology to spread data redundantly across 15 disk drives so that if any one disk drive fails, you don't lose any data. The RAID software that makes all this work is embedded as "firmware" in the storage servers. In this case, we believe that the firmware on the servers had bugs that caused the servers to crash. Carbonite automatically restarted all 7,500 backups and more than 99% of these were completely restored without incident. Statistically, about 2 out of every 1,000 consumer hard drives will crash every week, so 54 of these customers had their PCs crash before their re-started backups were complete. Since they weren’t completely backed up when their PCs crashed, these customers were unable to restore all of their files from Carbonite. Most of the 54 got some or most of their data back. We took full responsibility for what happened and I did my best to call each of these customers personally to apologize. 

As a result of our problems with the Promise servers, we switched to a popular Dell server that uses RAID6 – an improved RAID that allows for the loss of 3 of the 15 drives simultaneously before you lose any data. This configuration is in theory 36 million times more reliable than a single disk drive — the chances of 3 out of 15 drives failing at the same time are almost nil. 

So far, Promise has refused to accept responsibility for their equipment’s failures, so now we are suing them to get our money back. The Dell RAID servers have been flawless and we're extremely happy with them. 

Dave Friend, CEO

Carbonite, Inc.

Dave's friendly comment certainly gave this blog entry new weight, but something Mr. Friend wrote concerned me:

 The RAID software that makes all this work is embedded as "firmware" in the storage servers. In this case, we believe that the firmware on the servers had bugs that caused the servers to crash. Carbonite automatically restarted all 7,500 backups and more than 99% of these were completely restored without incident. 

"We believe that the firmware on the servers had bugs" is another way of claiming there's no real evidence to back that claim.  That's a real problem and I'm surprised Dave Friend just hauled off and wrote that.  In other words, there's no way Carbonite can actually prove Promise Technology's hardware was at fault.  They have their belief, but that's it.  That means there could have been a lot of actions that led to the loss of customer data, and even Carbonite's Friend admits that only 54 of 7,500 customers were adversely impacted by this data loss.

Let's go back to my Apple example.  If my Apple MacBook crashes, techs ask me if I use disk utility tools to properly maintain the hard drive.  They instruct me to use those tools both in the care and recovery of data and the hard drive. Thus the care of the hard drive is ultimately my responsibility.




This is also at SFGate.com

Oakland A's Ownership Rumored To Consider Firing Lew Wolff - Oakland Focus

The above headline will catch you by surprise, but the wind is blowing in that way.  The point is that several people behind the scenes, in touch with the ownership group, and around the Bay Area are talking about how Oakland Athletics Managing Partner Lew Wolff has, as one person put it "blown $20 million" on the effort to find a new home for the Oakland Athletics. Another contact told me one would be "fired" if they lost even $8 million on such a development project so early into the process. 

But the concensus for now is to let Wolff continue to do his work, but he's on a short leach.  The main problem is Wolff fell in love with the "baseball village" concept, where the ownership has to buy a lot of land not just for a baseball stadium but for residential development in the hope that the improved land sells for more than the group bought it for.  That works in a credit-health, prosperous economy, but in today's recessionary and deflationary world its a terrible strategy.  

And there's where a lot of the money was lost; in land acquisition.  As has been reported, Wolff was not-so-quietly buying land in Fremont with the idea of implementing the village strategy.  But now, with the credit crunch that blew up in his face.  I explained to the other member of the A's  ownership team Don Fisher not too long ago (at a party) that such a move was risky because of the economic bet, but hey, no one listens to me except Alameda County Supervisor Nate Miley.

Maybe that will change.  

Perhaps in calling Mayor Dellums for a meeting, Wolff has seen the light of a possible new approach involving redevelopment funds and whatever stimulus money can be gotten from the federal government.  It's a better gambit now than it was even a year ago, when the word "stimulus" wasn't in the American lexicon.

When I use the term "rumor" in this case, it's not to be taken as something I "overheard"; this possible letting go of Wolff was told to me by two different sources, which I will not reveal, but frankly do want the news out there.  So am I saying "the knifes are out"?  Yes.  They are.  And they're sharp ones.

People in the A's organization will wonder who the person's are, but the unfortunate fact is I talk to a lot of people, even folks there.  Zeroing in on who it is?  Impossible.

Wolff's on notice.  Perform and stop losing money.  Or else.  Of course, now that Major League Baseball's committee on the need for a new A's stadium is in place, it could be said that Wolff's college buddy Commissioner Bud Selig saved him from almost certain doom.

Maybe.

Promise Technology Inc Announces New ServicePlus On-Site Parts Replacement Program for US and Canada

First I take a stance on how backing up data is a personal responsibility and how Carbonite - a data protection company -- should take the rap for losing its customer's data, then I get comments on the San Francisco Blog about it, and from some high level folks, and now a press release?  Interesting.  It means our blogs matter in the tech world after all.  Here's the release I got on Promise Technology's news about an onsight parts replacement program:

Promise Announces New ServicePlus On-Site Parts Replacement Program for US and Canada

Industry leading support program expands to include on-site component swap offering

MILPITAS, Calif., April 1, 2009 – Promise Technology Inc., a leading supplier of sophisticated RAID storage solutions for enterprise and SMB customers, today announced general availability of the Promise ServicePlus parts replacement plan for their VTrak enterprise class RAID storage subsystems. The ServicePlus program is an available upgrade to Promise’s leading 3-Year limited advanced parts replacement warranty. The ServicePlus plan offers onsite parts replacement 24 hours a day, 7 days a week for the existing VTrak warranty period.

The Promise ServicePlus Plan provides for the rapid response and installation of components that have been identified as being in a fault state. This program provides storage administrators with the peace of mind that their storage is protected 24x7 against component failure. Combined with Promise’s existing 24x7 technical phone support this program is able to significantly minimize downtime. Average response time for component replacement can be as little as four hours in most major metropolitan areas.

“The ServicePlus program builds upon our already best in class support program”, said Vijay Char, Vice President of QA and Support, Promise Technology.  “Continuing to add to our support offering is part of our commitment to providing our customers with the best available uptime and service.”

The Promise ServicePlus plan is available for VTrak E-Class RAID, J-Class expansion chassis and M-Class iSCSI models in the 3U/16-bay form factor. The program is valid for the entire 3 year VTrak standard warranty period.

Pricing and Availability
The Promise ServicePlus plan is immediately available in the U.S. and Canada. Please contact the Promise sales department for further information.

About Promise Technology, Inc.
With a long history of innovation, Promise Technology develops and manufactures sophisticated RAID solutions – offering a complete line of RAID controller cards and SAS/SATA RAID subsystems catering to enterprise, mid-range and entry-level data protection needs worldwide. Known as the originator of SATA/ATA RAID products, Promise’s comprehensive product base includes high available (HA) standalone RAID subsystems with standards-based management interfaces, SAS host-based (internal) RAID controllers for servers and NAS appliances for SOHO. Headquartered in Milpitas, Calif., Promise is ISO-9001:2000 and ISO-14001:2004 certified, and has offices and operations throughout Asia and Europe to support local business partners and customers. For more information, visit Promise Technology's website at http://www.promise.com/serviceplu

BREAKING: A's Owner Lew Wolff Calls Oakland Mayor Ron Dellums To Request Meeting

I have it from a very good source that Oakland Athletics Owner and Managing Partner Lew Wolff called Oakland Mayor Ron Dellums today to request a meeting to "explore options to keep the A's in Oakland".


That's great news and it comes on the heels of Monday's report that Major League Baseball Commissioner Bud Selig formed a committee to determine why a baseball stadium deal was not struck in Oakland, and Selig did so with wording that could have been read as a forecast of a move to take the A's out of Oakland.


But Wolff's phone call to Dellums today signals a new start to a recommittment to Oakland by the A's owner. Meanwhile here's the stadium proposal the Mayor's Task Force saw last Thursday:

Carbonite Online Backup Company Loses Data; Carbonite Is At Fault

I had to post this because it's a classic example of not taking responsibility for something you did wrong.  The online backup company Carbonite reportedly lost a lot of client information : the data of over 7,500 of its customers who trusted it (past tense now) to keep their information in a protected area of cyberspace: a cloud they developed and around which their company is built.

Now as long as I've been at this I've always got an earful about "backing up your data" so I would think a company like Carbonite, which is entrusted with protecting data, would be backing up the data they're charged with protecting.  Right?

Right?

No.  They lost the only data copies they had online, and so now are -- get this -- suing the hardware makers!  If you think that's funny (strange), so do many in the blogsphere, who think as I do.  Take a look at these comments over at TechCrunch :

1) What happens when you get burgled?

We got burgled last week and they took all my local backups. Fortunately I had it all backed up on S3 (and elsewhere too) which saved the day. Not having an offsite backup is a recipe for disaster.

2) They didn’t even have a proper backup? Feels sorry for those who have lost valuable data…

3) “The danger of storing your data in the cloud”

What you should have wrote was:

“The danger of storing your data in the cloud that’s not Amazon.”

Why pigeonhole the real company thats does cloud right for a company that tried to compete against them and failed?

4) No excuse. Carbonite need to accept the blame regardless of who actually caused the problem. It was their decision to use whatever suppliers they chose. I fail to see how they can recover customer confidence after a fiasco such as this.

5) This is the scary thing with putting your data with a company you’ve never heard of. I guess for that matter, putting your data with anyone is a scary thing. Has anyone used amazon s3 with success? I still feel like a drobo or hp media start server is the way to go. Backup is a tough thing.

6) The issue isn’t who the company is but how it does business. I work with a local IT company and we offer various kinds and flavors of backup, typically 3X redundant (live volume, local sync volume, local removable backup volume, offsite RAID). We do this all ourselves with system(s) we built. We started offering backup/recovery because of things like this. I recently moved a customer from a Big Brand Name Backup vendor. Said vendor had not run numerous backups. Said vendor charged ransom to provide the data when the customer quit. Said vendor basically refused to play nice with anyone, even when paid. Carbonite is not expensive but is obviously better at marketing than they they are at solution design (or accepting responsibility for their own mistakes).