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declan

8,041 karma · joined July 10, 2012

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declan··on Goodbye, Native Mobile Apps
It looks like the folks at Atavist did the right thing. As far as I can tell they created a publishing platform that lets folks format thousands of words of text and photos and videos, which is a very good use case for a web browser. Plus, contributors can add links, italics, subheds, captions, etc. This is not the best use case for mobile apps.

They have a beautiful digital magazine that doesn't need to live in a native app -- and had no compelling reason to.

When we started building our smart news app ( more info at https://recent.io/ ) we considered creating a non-native web app and took a few steps in that direction. But we rely on touch gestures a lot, require no keyboard input except for searching, update news recommendations minute-by-minute, and wanted to appear in the app stores, so we went down the iOS and Android paths instead.

declan··on When Your Former Boss Sues You for Starting a Startup
On point #3, I think we're talking about two different things. You mentioned "noncompete" agreements, which is an important topic but unrelated.

What I was talking about is intellectual property assignment clauses. Excerpt:

Under California law, an employee cannot be required to assign any of his or her rights in an invention he or she develops “entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information” unless: when the invention was conceived or “reduced to practice” (actually created or a patent application filed) it related to the employer’s business or actual or “demonstrably anticipated” research or development, or the invention resulted from any work performed by the employee for the employer (California Labor Code, § 2870) http://www.intellectualpropertylawfirms.com/resources/intell...

Unfortunately you are correct about the Smule CEO being correct (assuming he was quoted accurately).

declan··on When Your Former Boss Sues You for Starting a Startup
I'm not familiar with any of the people involved and haven't read the pleadings. That said:

* The lawsuit may make it more difficult for Shred Video to raise funding, but the linked writeup and YC's blog post don't exactly show Smule in a positive light. The "if we're wrong, we'll win" quote from Smule is telling. I'd want a very good explanation of this mess before entering into a partnership with Smule.

* Smule is warning that any employees using company property on company time to build their own startups exposes them to legal liability. This is a perfectly reasonable position. (Note I'm not saying that Shred's founders did that, only that Smule's point is correct as far as it goes.)

* California law in particular is more startup- and founder-friendly than most and makes some elements of employment contracts unenforceable as a matter of public policy. It likely doesn't apply here, but it does mean if you build and sell, say, drones in your spare time while working a California pharmaceutical company, that employer wouldn't have an IP claim (even if the employment agreement was broad).

* Shred's founders should have made a clean break and not retained any hardware or access to code after they left. That's what I did when I quit my job at a large publicly traded company last year to found https://recent.io -- I returned the work laptop on my last day and haven't done any work for them since. But this is hindsight, I know!

declan··on Ask HN: Need advice on startup options
Are all your options vested? Did the company retain the right to repurchase?* Why exercise the options now? Can you afford to lose that cash if you the shares become worthless post-exercise? Can you sell or transfer your options or pledge as collateral to a loan?

IMHO you should seek advice from a lawyer specializing in this area (who is also familiar with the tax implications).

* Lawyers often tell founders something like: "Typically, the Company retains a right to repurchase unvested shares at cost upon termination of employment. During the period that the shareholder continues to be employed or otherwise provide services, the repurchase right expires according to a vesting schedule."

declan··on “This story is being previewed exclusively on Apple News until Tuesday”
This is disappointing. It's a move against the open Internet than Wired helped to popularize (I previously worked at Wired). It also is a slap in the face to Android and other non-iOS users.

Disclaimer: My own startup released iOS and Android news apps this month that are in the same space as Apple News: https://recent.io/

declan··on Lawsuit filed against sites that posted Ashley Madison data dump
(a) the plaintiffs in this lawsuit do not hold the copyright to the data dump on the mirror sites,

(b) the data dump is probably not even copyrightable under U.S. law,

because of (a) and (b) plaintiffs cannot avail themselves of the DMCA takedown process so the safe harbor provisions are irrelevant.

declan··on Lawsuit filed against sites that posted Ashley Madison data dump
I suspect this lawsuit will fail. If I were feeling more cynical I would say that plaintiffs' counsel knew that and filed it to intimidate some of the mirror sites into shutting down.

In Bartnicki v. Vopper, SCOTUS held that a radio station had a 1A right to distribute stolen property--an illegally wiretapped conversation. Because the recording came to the station over the transom, the station was not involved in the illegal wiretapping itself, just like the Ashley Madison mirror sites today.

On the other hand, the Bartnicki court recognized that there were "important interests to be considered on both sides" and pointedly did not consider "domestic gossip or other information of purely private concern." In that case the illegally intercepted conversation was of public concern.

If this ever goes to SCOTUS (unlikely) I suspect it will favor the 1A arguments because of the unique nature of Ashley Madison. It's not a dating site for singles, but a service for "discreet married dating," after all, which necessarily implicates the other person in a marriage. And the current SCOTUS is probably more 1A-protective than it was in 2001.

Also all the allegations lodged against the mirror sites could be lodged against news organizations that are reporting on the data dump and naming names. So the plaintiffs will have to persuade courts to invent a new theory of liability that sweeps in mirror sites but not news organizations, a non-trivial task. How about a news organization that publishes hundreds of names?

declan··on Show HN: Live Simple – Tiny homes
In many parts of the bay area you're not paying for the house as much as the land. In fact if the house is older and in a desirable location it has negative value because of the demo and related permits; a vacant lot would sell for more.
declan··on Welcome to the Block Party: The internet after ad blocking
Google expressly does not do that kind of retargeting. Its policies prohibit retargeting based on "health or medical information": https://support.google.com/adwordspolicy/answer/143465?hl=en

I know that the previous post didn't mention Google, but people might leap to the wrong conclusion. I don't know what Yahoo and Microsoft's policies are.

declan··on React Native for Android
Quite right. It's true that if you don't have a background using the native libraries it's going to be difficult, so one approach would be talking to developers who do and doing research like reading blogs and discussions like this one...
declan··on React Native for Android
If you're going cross platform, the key is to know in detail the limitations of this approach, even if it takes longer to make that initial decision about what path to take.

Different cross-platform tools have different approaches, but as a concrete example take Corona SDK. You need no native platform knowledge and your app runs inside the Corona runtime, which makes some difficult things easy but some easy things -- third-party SDK integration, install source tracking -- difficult. And if the creator of the cross-platform environment has chosen not to support certain things, you're out of luck (and you're probably always going to be lagging even for things that are supported). On the other hand, you have only a single codebase to maintain and single-click builds for a lot of platforms.

As for Cordova, we spent some time testing if the performance was sufficient when building an early version of Recent News (https://recent.io -- v1.0 just released three days ago!). We concluded it was not. Boot times were slow, the UI felt very non-native, and overall performance didn't meet our requirements. Now that was a while ago and Cordova may have improved, and hardware performance certainly has improved, so maybe it's a better option today.

declan··on Ask HN: I have lost all interest in my life. Not sure what to do?
As others have said, objectively speaking you're in the top 0.25% or so of the world's population by income; the global median income is only around $1,300 a year. So objectively speaking you're doing well.

Relatively speaking, though, you seem to feel you're not. In terms of dating, it's a matter of supply and demand. There is a glut of men (114:100 ratio) between 20 and 44 years old relative to women in San Jose: http://sanfrancisco.cbslocal.com/2014/10/04/man-jose-san-jos...

So women can be more selective. You can change this by improving your own desirability, as others in this thread have suggested, or by moving to a place with a less lopsided gender ratio. Neither is trivial but it sounds like it's worth doing given how unhappy you say you are.

declan··on The Disturbing Consequences of Seeing Your Doppelgänger
>That was a claim made by the Eckankar[1] people, back in the 70's, I wanted to test.

I take it you were unable to reproduce any psychic claims! :)

If you could, it would be a trivial way to win $1M: http://web.randi.org/the-million-dollar-challenge.html The fact that the James Randi challenge has existed (in one form or another) since 1964, and no psychic in over half a century has ever passed the challenge, well, that should speak volumes about psychic/paranormal/parapsychology claims.

declan··on The Hamburger Menu Doesn't Work
Thanks for the suggestion! I don't think either of us had thought of that.

Inside the app, Home is a starting point that lets you see your news highlights at a glance. It does seem like the concept could be broad enough, as you say, to support history and bookmarks...

declan··on The Hamburger Menu Doesn't Work
My co-founder and I debated whether to use the hamburger menu for our iOS and Android apps (currently in beta -- https://recent.io/).

We decided to keep the hamburger menu on both platforms for launch. Our reasoning was that it's a common UI convention and our primary navigation options -- Home, Recommended, Hot News, Local News, and topics -- are visible in the extended app bar. An option to follow additional topics appears inline in the Home tab.

So the three functions that are only accessible through the hamburger menu are bookmarks, history, and settings, which seems like a reasonable compromise. You could use our app fully for a year, albeit with the default settings and no bookmarks/history, without ever seeing the hamburger menu.

Analytics shows that the hamburger menu is used frequently by our beta users, so I'm fairly confident that we made the right choice. On the other hand, the new YouTube Android app -- which had more in its hamburger menu than we do -- has moved in the opposite direction and eliminated it.

declan··on Kicked out of the US: 33 hours of hell
This is horrific. Eventually the product will become so bad that, at the margin, foreign tourists will cease to be interested in it and take their (NZ) dollars elsewhere.

Though I've had a nasty experience at Canadian immigration. Once I was invited to speak at a University of Ottawa law school event but neglected to bring the invitation letter. I was directed to secondary screening and spent what seemed like hours there before being allowed to enter the country. At one point a Canadian immigration official said they couldn't find any record of the conference, but as far as I could tell they were looking at the main school's web site, not the law school's. Sigh. Ironically the event was sponsored by the Canadian federal government...

At least it wasn't 33 hours of hell.

declan··on Change Your Name
The advice seems like a bit of an anachronism in the mobile world.

Nice, short .com domain names were probably more important for desktop web browsing -- and I suspect are less relevant to startups that are focused on the iOS App Store, Google Play Store, third-party app stores, Twitter, Facebook, etc. for discovery.

declan··on Using a single AWS account is a serious risk
>I wish Amazon allowed me to cap spending to say 200USD...

Agreed. We use Google App Engine for our recommendation engine (https://recent.io/) and daily budgets are a core feature -- just tap on the "Application settings" tab.

We use AWS for some additional components of our service that aren't part of the core recommendation engine, and I've been surprised by the lack of a maximum-dollars-per-day setting. Or if there is one, I'm not aware of it.

declan··on Announcing Apple IIgs System 6.0.2
The Apple IIgs was the last and the best of the Apple II line, which had a cherished place at the heart of what we might now call hacker culture. Remember the first Apple II predated the first IBM PC by four years! Each platform had a different set of enthusiasts, and at least early x86 PCs were more business-centric.

I wouldn't compare the Apple IIgs to an 386 PC. It's not really a fair comparison; the poor IIgs would be outclassed. It's 2.8 MHz 65C816 processor was 16 bits and introduced in 1983.

The 386 benefited from two years of technological advances when it was introduced in 1985, and had 32-bit registers and a 32-bit data bus (2^32 bits==4GB of physical RAM). It shipped at 16 MHz. (A better comparison would probably be the contemporaneous 68000 family vs. the x86 line.)

More broadly, Apple didn't have a lot of great options circa 1984-1985. The original Mac was slow, black and white only, didn't support hard drives, etc., but at least enjoyed a modern architecture. The Apple II was still selling well, and bankrolling Mac development, but was falling behind its x86-based rivals (yay 64KB bank switching!). So you keep the cash cow alive for a while longer with the IIgs until the Mac reaches critical mass.

Apple II enthusiasts still resent John Sculley & co (though Steve Jobs would probably have been more ruthless) for this betrayal. :)

declan··on Sleeping Through a Revolution
> reads like a plant from an industry pressure group

A useful alternate headline could be: Think tank funded by pro-SOPA MPAA board members Viacom, Time Warner, Disney Corp., and News Corp. attacks Google for doing the right thing and opposing SOPA.

The Stop Online Piracy Act was an awful bit of Hollywood-backed anti-Internet legislation.

USC's Annenberg Innovation Lab receives funding from BET Networks (Viacom), Disney, Paramount Pictures (Viacom), Viacom itself, Warner Bros. (Time Warner), Fox Broadcasting (News Corp), according to its web site: http://www.annenberglab.com/about

Those companies are board members of the MPAA. It's true that the think tank lists other donors as well; the question is whether the non-MPAA donors account for any significant part of its budget.

It was a well-written article, but the talking points, as you say, could come from an MPAA blog post. It's a shame because there are important things to say about these topics, and the linked article could have done a good job of framing them. :(

declan··on Ask HN: What's the hardest problem you've ever solved?
If you're talking only about coding (and not other life challenges), the hardest problem I've solved so far has been figuring out how to build https://recent.io/ with my co-founder. Recommendation engine, fetchers, iOS app, Android app, etc.

There's a very big difference between concept and working code. :)

declan··on Tesla’s Model S Gets “Ludicrous” Mode, Will Do 0-60 in 2.8 Seconds
Nice choice! I opted not to get the M6 because I wanted something closer to ~3400lbs, which is about what the 911 GTS is, but you can't go wrong with a twin-turbo V8!

Though now that I'm in the middle (well, almost done with the first version) of building https://recent.io/ it means more screen time and less driving...

declan··on Modus Operandi: Poses as an investor to be wined and dined, then disappears
Quite right. I should have been more clear: Criminal libel laws may still be in the statute books, much like laws may still exist requiring someone carrying a red flag to walk in front of horseless carriages. But we should expect prosecutions under criminal libel laws to fail because of the modern interpretation of the First Amendment (and state constitutional protections that may be broader).

For instance a court in the 1990s struck down Montana's criminal libel law as unconstitutional: https://casetext.com/case/state-v-helfrich-1 But as far as I know it is still on the books.

declan··on Modus Operandi: Poses as an investor to be wined and dined, then disappears
> sue Cecile... Then expose her once she has been sentenced to prison.

First, if you sue someone, it's a civil action, not a criminal prosecution.

Second, if any statements are defamatory, they would be libel, not slander.

Third, truth is an absolute defense against libel claims. (And just for completeness, the U.S. does not have criminal libel laws.)

declan··on Tesla’s Model S Gets “Ludicrous” Mode, Will Do 0-60 in 2.8 Seconds
>Not until the Tesla goes around the Nurburgring in the same fashion the GTR did.

Or manages to go around the Nurburgring at full power at all:

http://insideevs.com/expected-tesla-model-s-fails-lap-nurbur... “Unfortunately the car went into a reduced power mode about 3 minutes in due to excess battery heat (at least, that’s my guess). However, before it did it was able to keep a GT3 RS going full chat, within shouting distance (at the 2:00 mark) far longer than any 4,700lb sedan has a right to.

I think my next non-two seater car will be a Model S (fortunately I have a petrol-powered sports coupe to take to the track).

declan··on Tesla’s Model S Gets “Ludicrous” Mode, Will Do 0-60 in 2.8 Seconds
>I believe this is the fastest production car under 300k that you can buy.

The 2014 Porsche 911 Turbo S was tested by Car and Driver at 2.5 seconds 0-60, and it's ~$200K, depending on options: http://www.caranddriver.com/porsche/911-turbo-turbo-s

I suspect the 2015 Turbo S might be a bit quicker.

declan··on Ask HN: I'm going to have to lay people off, and want your advice
I've worked at companies during layoffs, and have been a manager at these companies as well (though fortunately never had to lay someone off personally). My advice:

- Managers should tell their direct reports personally, rather than delegating to someone else like HR. I still remember, unfondly, when one manager didn't want the burden of delivering the bad news and found someone else to do it.

- Give the people who will be laid off as much time as possible to send work emails, talk to colleagues, get taken to lunch, etc. As <steven2012> said, let them leave with dignity. Your employment agreement already prohibits misuse of corporate resources and criminal law prohibits theft of company property; as a general rule there's no need to have a security guard hovering over a desk.

- Write a letter of recommendation if your corporate policy allows and your employee's performance merits it. Give it to them in printed form and PDF. Don't merely offer to do it if they ask.

- As many others have said, do only one round of layoffs. Company morale can survive a single round. It may not survive repeated rounds, with nobody knowing when (and where) the next axe is going to fall.

- Communicate honestly with your remaining employees to the extent policy allows. The best managers will admit it if they don't know something.

declan··on New York Times' Reddit Piece Shows Dangers of Internet Journalism
My intent was to describe newsroom practices, not to express an opinion about the NYT's rewrites. It is commonplace for important stories to be extensively rewritten and amended. I don't know enough about the Reddit saga to discuss it intelligently.

I will stipulate that the NYT editorial board has lectured Silicon Valley on diversity, though it is not diverse itself, and its female executive editor made less than her male predecessor: http://www.aei.org/publication/silicon-valley-gets-stern-lec... http://www.businessinsider.com/nyt-explains-female-editor-sm...

As for the rewrites, changing the lede graf to "entrenched sexist culture of Silicon Valley" is significant. It replaces neutral reportage -- "a week of ceaseless criticism" -- with the newspaper asserting as fact that Silicon Valley represents a more "entrenched sexist culture" than, say, the NYT newsroom itself. It's intended to frame the story in a typical high-level next-day NYT fashion by injecting the author's, or editor's, perspective. It's excellent journalism when it's accurate, but creates the type of controversy you see here when it's not.

declan··on New York Times' Reddit Piece Shows Dangers of Internet Journalism
I worked as a journalist for over a decade -- CBS, Time, CNET, Wired, etc. -- before founding https://recent.io/ and every news organization I can think of updates articles after publication.

This practice predates the Internet by decades; wire services called updates "writethrus." Updated copy would be labeled internally for editors as 2nd-lede writethru, 3rd-lede writethru, with perhaps some details about what was changed or added, with those internal notes typically not being published for readers. So east coast papers would print a different version of the story than later-deadline west coast papers. The Washington Post did this in print form, with stories in the early "bulldog" edition often modified and expanded before appearing in the final edition. News has always been a snapshot in time.

There is significant pressure on reporters to post news quickly to capitalize on social sharing and search -- even if the quick first post is one or two paragraphs with little review by editors -- and update their articles quickly. This was the official policy in at least one newsroom where I worked. That can and does lead to inaccuracies and hasty reporting, though errors do tend to be corrected quickly. But the linked article does not accuse the NYT of factual errors.

It is true that it would be near-trivial for news organizations to have a history tab appear on each article that shows older versions -- I've suggested this and other features before, like providing people quoted in the article an automatic right of reply in a text field underneath the story. The reason we don't see history tabs is probably a combination of legal risk (imagine that a green reporter writes that John Doe was convicted of murder, and John Doe was the prosecutor, not the defendant), little demand from readers, embarrassment about errors in early versions, and newspaper-era newsroom thinking.

declan··on FBI investigating vandalism of fiberoptic cables at Livermore
I believe it was my 2010 article that was the first to highlight law enforcement obtaining cell site dumps:

http://www.cnet.com/news/feds-push-for-tracking-cell-phones/ "When the FBI was stymied by a band of armed robbers known as the "Scarecrow Bandits" that had robbed more than 20 Texas banks, it came up with a novel method of locating the thieves. FBI agents obtained logs from mobile phone companies corresponding to what their cellular towers had recorded at the time of a dozen different bank robberies in the Dallas area. The voluminous records showed that two phones had made calls around the time of all 12 heists..."

I'd be surprised if the FBI didn't do the same thing today, as a very bare minimum.

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