LawLawLaw 2014-12-31

A newsletter by Clocktower Law Group founder Erik J. Heels about trends in technology, intellectual property (IP) law (patent law, trademark law), baseball, and rock ‘n’ roll.

LawLawLaw Newsletter

Greetings,

My name is Erik Heels, and this is my LawLawLaw newsletter: subscribe at http://www.LawLawLaw.com. LawLawLaw is about technology, law (mostly patents and trademarks), baseball (mostly Red Sox), and music (mostly rock).

Today’s disclaimer du jour of the day: No lifeguard on duty.

Thanks for reading!

Regards,
Erik

Clocktower
Patents, Trademarks, Boston
http://www.ClocktowerLaw.com/Contact

—snip—

LawLawLaw

Technology, Law, Baseball, Rock ‘n’ Roll

Tech Stuff

I’m always amused by “year in review” articles that appear before December 31st. How do they know?

In the past year, social networks trended down. At least for me. All of the online empires have a beginning, middle, and end. As much as I like Google, it would be nice if they updated their UI on key products (cough, Gmail, cough) more than once per decade. So don’t be surprised when random Google products suddenly end.

* How To Delete Your Embarrassing Tweets Now That They Are Searchable (2014-12-25)
95% of Tweets are junk.
http://lifehacker.com/delete-your-embarrassing-tweets-now-that-they-are-searc-1670324254

* What Happens to Your Social Accounts When You Die (2014-07-01)
Probably won’t happen to you.
http://lifehacker.com/this-graphic-shows-what-happens-to-your-social-accounts-1598128947

* Apple Kills Aperture And iPhoto (2014-06-27)
Urg. What am I supposed to use now? Picasa?
http://kottke.org/14/06/rip-aperture-and-iphoto

* How To Regain Your Social Networking Virginity (2014-04-01)
Simplifying your life on LinkedIn, Facebook, Twitter, Google+, and other social networks.
http://www.erikjheels.com/4888.html

Patent Law Stuff

Patent law, much to my chagrin, has become polluted by politics. Not as polluted at copyright law, but give it time. The sooner we return to the rule of law – vs. the rule of man – the better, because man keeps changing her mind. Trust me, you don’t want courts and politicians dabbling in patent law.

* SCOTUS Publishes Alice Guidelines v2 (2014-12-15)
Yay, more guidelines! More dabbling!
http://www.uspto.gov/blog/director/entry/guidance_on_subject_matter_eligibility

* Former Exec. From [Anti-Patent] Google Named USPTO Director (2014-10-16)
Incumbents always want to protect their incumbency. How convenient for Google to now be anti-patent after it has established dominance in the marketplace. Will all former Googlers who are now swearing off patents also swear off all of the money they earned from Google?
http://www.ipwatchdog.com/tag/michelle-lee/

* SCOTUS Publishes Alice Guidelines v1 (2014-06-25)
And continues to dabble in patent law.
http://patentlyo.com/patent/2014/06/puts-guidelines-alice.html

* SCOTUS Decides ‘Alice v. CLS Bank’ Case (2014-06-19)
While dabbling in patent law.
http://patentlyo.com/patent/2014/06/cls-bank-is-out.html

* Why Startups Should Always Do Patent Searches (2014-05-23)
The USPTO will never require mandatory patent searching. But I can dream.
http://www.erikjheels.com/4898.html

* The Who, What, Where, When, Why, And How Of Patents (2014-03-12)
Patent law in plain English. But not in that order.
http://www.erikjheels.com/4873.html

Other Law Stuff

* Explore The World’s Biggest Data Breaches With This Interactive Chart (2014-12-27)
Better security, please!
http://lifehacker.com/explore-the-world-s-biggest-data-breaches-with-this-int-1674976065

* Twitter Bug Makes Tweet Archives Unreliable For eDiscovery (2014-11-17)
Tweets from 2010 and earlier suffer from URL redirection problem.
http://www.erikjheels.com/4987.html

* Court Notice Scam (2014-10-16)
We are all victims.
http://www.erikjheels.com/4965.html

Baseball Stuff

* Red Sox Remake Starting Rotation, Bet on their Infield Defense (2014-12-13)
I’m going to pretend that the 2014 season never happened.
http://www.gammonsdaily.com/red-sox-remake-starting-rotation-bet-on-their-infield-defense/

* Top 10 Reasons Shane Victorino is Worth 22 Seconds of Music (2014-03-26)
Don’t worry, about a thing, ’cause every little thing, gonna be all right!
http://www.erikjheels.com/4881.html

* One More Look Back: Top 5 Moments Of The 2013 Postseason (2013-11-12)
By Surviving Grady.
http://www.survivinggrady.com/2013/11/one-more-look-back-top-5-moments-of-the-2013-postseason.html

* Red Sox World Series Game 6: More Than A Game (2013-10-31)
A top 10 moment at Fenway with my best friend.
http://www.erikjheels.com/4792.html

* Red Sox great Yastrzemski’s statue unveiled (2013-09-22)
Go Yaz!
http://m.redsox.mlb.com/news/article/61390428/red-sox-great-carl-yastrzemski-honored-with-fenway-statue

Music Stuff

* Rocker Jack White Rescues Music Archives of Paramount Importance (2014-12-08)
It’s a clever title because “Paramount” has two meanings.
http://www.goodnewsnetwork.org/rocker-jack-white-rescues-music-archives-of-paramount-importance/

* Does Bitrate Really Make a Difference In My Music? (2014-10-31)
Yes, see below.
http://lifehacker.com/5810575/does-bitrate-really-make-a-difference-in-my-music

* MP3 vs. CD: The Beer Test (2008-12-07)
Unless you’re a dog, a whale, or a computer, you’re not going to be able to tell the difference between a good MP3 and CD audio.
http://www.erikjheels.com/1236.html

In-Case-You-Missed-It Stuff: Clocktower And Its Clients

* The Long Tail Of Mobile Games (2014-12-20)
By Jon Radoff.
http://www.gamesindustry.biz/articles/2014-12-18-the-long-tail-of-mobile-games

* AppNexus Completes Acquisition Of Open AdStream (2014-10-31)
By AppNexus.
http://blog.appnexus.com/2014/appnexus-completes-acquisition-of-open-adstream/

* Finding A Great Lawyer For Your Start-Up (2013-12-01)
By Andy Palmer.
http://blog.koalab.com/2013/12/01/finding-a-great-lawyer-for-your-start-up/

* Free Your Law Practice’s Computing Budget (2013-09-09)
Don’t let your software party like it’s 1999.
http://www.erikjheels.com/4781.html

Random Stuff

* The Visual Trickery That Turns Hockey Rinks Into Lakes of Fire (2014-12-12)
Shouldn’t it melt?
http://www.wired.com/2014/12/epic-fullcourt-optical-illusions/

* This Chart Shows Which ‘Superfoods’ Are Backed With Scientific Evidence (2014-11-25)
I’m glad coffee made the list.
http://lifehacker.com/this-chart-shows-the-superfoods-backed-with-some-scie-1663444143

* You Can Fit Every Planet In The Solar System Between Earth And The Moon (2014-10-26)
But please don’t.
http://io9.com/you-can-fit-every-planet-in-the-solar-system-between-ea-1650941597

* Why 12-Foot Traffic Lanes Are Disastrous for Safety and Must Be Replaced Now (2014-10-08)
Slow down, people! Plus: what’s better, having 1000 SUVs drive to the dump, or one dump truck?
http://www.citylab.com/design/2014/10/why-12-foot-traffic-lanes-are-disastrous-for-safety-and-must-be-replaced-now/381117/

* 1984, Pop Culture’s Best Year Ever (2014-09-18)
Also not a bad year for turning 18.
http://kottke.org/14/09/1984-pop-cultures-best-year-ever

* Learn The Basic Elements Of Good Design (2014-07-30)
In under a minute.
http://lifehacker.com/learn-the-basic-elements-of-good-design-in-under-a-minu-1613414565

* All The Personal Finance Advice You’ll Ever Need (2013-09-19)
On a 4×6 index card.
http://kottke.org/13/09/all-the-personal-finance-advice-youll-ever-need

* The Surprising Ages Of The Founding Fathers On July 4, 1776 (2013-08-13)
James Monroe was 18, Benjamin Franklin was 70. At least I wrote a newsletter today!
http://kottke.org/13/08/the-surprising-ages-of-the-founding-fathers-on-july-4-1776

END

The LawLawLaw newsletter, available at http://www.LawLawLaw.com, is a publication written by Clocktower Law Group founder Erik J. Heels and published by GiantPeople LLC. The opinions in LawLawLaw do not necessarily reflect the opinions of Clocktower Law Group, GiantPeople, their employees, or the author. Feel free to forward this to anyone who might enjoy it. Send content/subscription questions to info@clocktowerlaw.com. Thanks!

Twitter Bug Makes Tweet Archives Unreliable For eDiscovery

Tweets from 2010 and earlier suffer from URL redirection problem.

2014-11-17-follow-quote-us-unquote-on-Twitter-1000x300.png

Old Tweets: Now You See Them, Now You Don’t

I’ve been on Twitter continuously since 2008-10-30. Here’s my first Tweet:

At first, I played Twitter’s game: followed lots of people, had lots of people follow me, and posted lots of Tweets. I then gained “authority” based on sites that claim to measure such things (screenshot from 2009-06-09):

LexTweet-home-ErikJHeels-5th

In early 2014, I changed my thinking about Twitter and other social networks. I adopted document retention policies that included deleting old stuff (including email and social networking stuff) and keeping only the good stuff. Turns out that most of what I posted on Twitter was not worth the paper it was printed on, so to speak. So I deleted most of my old Tweets (and other stuff).

At some point, however, I noticed that Twitter was pretending that my first Tweet was from 2010-09-05, nearly two years after I joined Twitter:

In other words, Twitter was preventing me (blocking me?) from accessing about two years worth of Tweets. I tried finding my old Tweets on the Twitter website, via third-party apps that use Twitter’s API (such as AllMyTweets.net), and via Twitter’s own downloadable archive of my Tweets. Same results: my Tweets from 2008 and 2009 were gone.

Why A Buggy (But Free) Twitter Is Problematic

This is a huge issue for several reasons.

First, it speaks to how bad Twitter’s software and customer service are. Numerous requests, both private and public (including case no. 03195672 and support@twitter.com requests dated 2014-06-25, 2014-07-11, and 2014-11-10) to fix this problem were ignored.

Second, it means that Twitter is saying one thing (i.e. you can download all of your Tweets) but doing another (i.e. except for those which you cannot).

Third, anything you say can, and will, be used against you in a court of law. So if you are involved in eDiscovery and are either trying to delete or discover old Tweets, then you will run head first into this bug.

Needless to say, I think that Twitter should fix this issue, explain why it happened, apologize, and explain how it will not happen again. I am doubtful, however, that this will actually happen, since those of us who use the Twitter service for free are not the customers – we are the product. So we’re getting all of the customer support that we’ve paid for.

All of this reminds me of the the Jul/Aug 2002 MIT Technology Review cover story entitled “Why Software Is So Bad” (http://www.technologyreview.com/articles/mann0702.asp). In short, software is bad because we, as users, put up with bad software. I have complained about bad software and sloppy programming in the past (see “related posts” below). And, in some cases I’ve received a free t-shirt for my efforts. But this Twitter bug, IMHO, takes the cake.

My Own eDiscovery Discovers Twitter’s Reproducible Bug

Since Twitter chose to ignore my support requests, I set out to solve the problem myself. Here’s what I discovered.

On 2010-10-13, Twitter announced that 100% of its users had access to the “new Twitter,” including a makeover of Twitter’s web UI (https://blog.twitter.com/2010/100).

Approximately in the fall of 2014, during the rollout of the “new Twitter,” Twitter changed the format for its status URLs (Tweets) so that the sequential number at the end of each Tweet (the Tweet ID) changed length. Between 2008-10-30 (when I joined Twitter) to 2014-11-17 (today), the length of the Tweet ID doubled from nine digits (which supports up to one billion (1,000,000,000) unique Tweets) to 18 digits (which supports up to one quintillion (or a billion billion; 1,000,000,000,000,000,000) Tweets. More on this below.

On 2012-12-19, Twitter announced that users could export archives of their Tweets (https://blog.twitter.com/2012/your-twitter-archive). The tweets.csv file that is included with your Twitter archive contains the following nine fields:

  1. tweet_id
  2. in_reply_to_status_id
  3. in_reply_to_user_id
  4. timestamp
  5. source
  6. text
  7. retweeted_status_id
  8. retweeted_status_user_id
  9. retweeted_status_timestamp

Of these, tweet_id is the most interesting, as it contains the (presumably sequential) number needed to recreate your status URL (AKA Tweet).

I first requested my archived Tweets 2013-09-16, and it is my archive from this date that provided the information needed to crack the code on this bug. Archives requested since this one exclude Tweets from 2008 and 2009.

Of course, my old Tweets are not really gone. If you have the URL, you can still find them. Right? Or wrong?

Right and wrong.

For many of my old Tweets, the old URLs still worked. But for a few, the URL for my Tweet redirected to somebody else’s account with the same Tweet ID! Same Tweet ID, different Twitter account. Here is the proof: video, screen shots, and URLs. In all three cases, my URL redirects to somebody else’s Twitter account.

* 2014-11-17 Twitter eDiscovery Redirect Bug (60 sec)
https://www.youtube.com/watch?v=pk10SDn0Ij8

Compare one bogus URL, which (correctly) goes to Twitter’s 404 page:

https://twitter.com/ErikJHeels/status/1234567890123456 (16 digits)

to three valid URLs, which (incorrectly) get redirected to accounts other than the original:

Redirected Tweet #1 from 2010-11-22

2010-11-22-Twitter-redirect-bug-Tweet-6898295347609600-959x838.png

my Tweet: https://twitter.com/ErikJHeels/status/6898295347609600 (16 digits)
not mine: https://twitter.com/ayessadelapena/status/6898295347609600

Redirected Tweet #2 from 2010-11-25

2010-11-25-Twitter-redirect-bug-Tweet-7798832997859330-959x838.png

my Tweet: https://twitter.com/ErikJHeels/status/7798832997859330 (16 digits)
not mine: https://twitter.com/cyfraley/status/7798832997859330

Redirected Tweet #3 from 2010-12-24

2010-12-14-Twitter-redirect-bug-Tweet-14667971616051200-959x838.png

my Tweet: https://twitter.com/ErikJHeels/status/14667971616051200 (17 digits)
not mine: https://twitter.com/BaddAzzAng814/status/14667971616051200

Why Users Should Demand A Less Buggy (And More Responsive) Twitter

Here is my tweets.csv file from 2009-09-16, showing three valid Tweets (highlighted in green) and three redirected Tweets (highlighted in yellow):

2014-11-17-green-valid-and-yellow-missing-Tweets-693x699.png

So what happened to the redirected Tweets from my account? Are Tweets from other Twitter accounts redirecting to my account? What if one of those hidden/redirected Tweets is the key piece of evidence needed in a civil or criminal trial? Litigators and litigants who think that they can rely on Twitter’s Tweet archives to make or break their case will be disappointed at the news that this Twitter bug makes Tweet archives unreliable for eDiscovery. Among other things.

This is, admittedly, a small sample size. But consider that I deleted all but eight of my Tweets from 2010. Now it’s a big problem, since three of my remaining eight Tweets (37.5%) suffer from this bug.

How many of your Tweets are being misdirected to somebody else’s Twitter account?

How many of others’ Tweets are being misdirected to your Twitter account?

How many of your Tweets are missing and inaccessible?

When was the last time you downloaded and validated your Twitter archive?

In the end, Twitter itself doesn’t really matter. Unless you really need it. In which case it matters immensely. So my advice is this: don’t use Twitter unless and until Twitter can prove that it has fixed this fundamental flaw. Just say no to bad software.

Oh and Twitter, if you’re reading this, I wear an XL t-shirt.


Erik J. Heels is a patent and trademark lawyer for Boston startups, Red Sox fan, MIT engineer, and musician. He blogs about technology, law, baseball, and rock ‘n’ roll at ErikJHeels.com.

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