Perhaps I'm missing the concept of "the fold" the author is trying to get across, but I think 37Signals is a really good example of putting things _above the fold. Looking at their site they even have a line at the fold separating the two sections. I think they've done used the concept of "the fold" really well, don't get me wrong, but it's absolutely there.
The black section at the bottom I always just assumed was a footer, not a call to action, and honestly never read that before.
I don't quite get what you mean in your last sentence - the fold is a perception of the viewer not of the content creator. These 3 sites haven't done away with the concept they've simply extended their handling in the paper versions attacking the metaphor in the same way as the original problem. Just like they put tag lines, teasers, introductions all with page numbers on actual newspapers they put short snippets on their front pages on the web.
I had posted a comment on that there iceberrrrg site regarding how I believe his analysis and 37signal example was incorrect. Low and behold my comment did not get approved.
I'm still sticking to my guns that 37signals heavily implemented tactics for optimizing click-throughs and conversion ratios based on their bread and butter services being listed with bright and bold colors ABOVE THE FOLD.
On that note, it's slightly disheartening that this article is generating such attention on HN.
He uses a tactic of providing a teaser and little textual content above the fold in order to lead one to scroll down. The article author uses the fold in a comical sort of way with reference to the iceberg. Nice idea though.
The black section at the bottom I always just assumed was a footer, not a call to action, and honestly never read that before.
Ironically it seems to me the news sites seem to have done away with the concept of the fold the best. http://www.bbc.co.uk/, http://www.nytimes.com/, http://seattletimes.com