Random news from the day/week:
Walmart manages to settle a suit in a highly creative way that really hurts Netflix, if it goes through
Summary – Walmart is sued in a class action along with Netflix, with the suit claiming that the two conspired to split up the DVD market into retail and rental spaces. Maybe the settlement proposal would be good evidence in court that that ISN’T what Walmart had in mind – Walmart just acquired Vudu, a competitor to Netflix, and Walmart has recently proposed a settlement where Netflix customers will receive gift certificates for $40 at Walmart. Netflix has pointed out that this will incentivize people to switch to Walmart’s own streaming video service, using Netflix’s channels to market directly to the people most interested in streaming video! I don’t know a lot about the specific law behind class action settlements, but this would be a pretty amazing turn of events for Walmart if the settlement is approved early next year.
Twitter revealed their numbers today, strong user numbers, but is it really that impressive?
Numbers for Twitter: 100M monthly active users, 50M daily active users, 400M unique visitors per month. Some pretty crazy designer numbers too, such as every NFL team is on Twitter, 75% of NBA players, and 87% of the Billboard Top 100 artists. The bad news? 40% of those active users don’t tweet. Last I heard, this activity was generating roughly $150M in revenue for the year.
First off, I love Twitter and I defend it’s merits in the face of criticism all the time. But just for fun, look at CityVille’s stats. Zynga makes $600 million in revenue from Cityville, Empires & Allies, Texas Hold ’em and Farmville, which have a combined 186M monthly active users and 34M daily active users (Zynga actually makes $600M from all their games, but those 4 are the biggest). I’m not saying Zynga is analogous to Twitter – But Facebook gets 30% of Zynga’s revenue (haven’t checked the S-1 to see if that 600M is before or after Facebook takes the cut, but I imagine it’s after). These are definitely some back-of-the-napkin figures I’m spewing out, but even a conservative estimate would have Facebook collecting more just for hosting Zynga games than what Twitter makes on ads in a year.
I’ll admit that’s a little unfair and comparing Twitter to Facebook and Zynga is harsh – Facebook is a fully developed platform and the most popular social network in the country, Zynga a one-of-a-kind game company – but Twitter is probably approaching the climax of it’s growth and it can’t make more in revenue than Facebook gets from a social game company. It also has a ton of users that aren’t really active. Like I said, I love Twitter, it’s much more interesting to me than Facebook, but the monetization is lagging.
Patent “reform” passes today
A much-lauded and much-criticized (see conflicting reports in picture above) patent bill has passed Congress today, signaling the first significant shift in patent law in decades. Some say it does nothing, some might make comments about rearranging deck chairs on the Titanic, and both are right. The biggest change is the switch to a first-to-file from a first-to-invent system, which, while theoretically significant, probably won’t impact any of the major problems in patent law that industry criticizers frequently note. The next biggest changes are some dramatic adjustments in the way the USPTO can charge fees, opening the office up to raise a significantly larger amount of money by charging more. This might turn out to be the biggest practical change – an “activist” USPTO might consider raising fees for certain activities to discourage abuse. But one need not even pray that the USPTO turns activist to be optimistic that this change will trickle-down to improve other aspects of patent law – simply raising enough money to hire some more patent examiners might be enough to see an increase in the rate of rejected applications. There will be a deluge of articles in the next week detailing how much or how little this reform will change patent law, but until we see how the USPTO decides to utilize the fees they collect, we can’t really know.
danielmarkmiller.net 
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