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Study Shows How Notice-And-Takedown Reduces Transaction Costs In Making Works Legally Available (Culture)

by Mike Masnick

from the so-of-course-the-entertainment-industry-wants-to-kill-it dept on Friday, April 18th, 2014 @ 7:39PM
We've written a few times in the past about research done by Paul Heald on copyright and its impact on the availability of certain content. He's recently published an interesting new study on how the DMCA's notice-and-takedown regime facilitates making content available by decreasing transaction costs among parties. As we've discussed at length, the entertainment industry's main focus in the next round of copyright reform is to wipe out the notice-and-takedown provisions of the DMCA. The legacy recording and movie industries want everyone else to act as copyright cops, and hate the idea that notice-and-takedown puts the initial burden on themselves as copyright holders.

However, Heald's research looks at music on YouTube and concludes that the notice-and-takedown system has actually enabled much greater authorized availability of music, by reducing transaction costs. The idea is pretty straightforward. Without a notice-and-takedown provision, someone who wants to post music to YouTube needs to go out and seek a license. Of course, getting permission from all the various rightsholders is frequently impossible. The transaction costs of getting permission make it such that it's way too high. Yet, with notice-and-takedown, the person can upload the content without permission, and then the copyright holder is given the option of what to do with it. On YouTube, that includes the option of monetizing it, thus "authorizing" the use. That creates a natural experiment for Heald to explore, in which he can see how much content is "authorized" thanks to such a setup. And the result, not surprisingly, is that this system has enabled much greater authorized (and monetized) access to music than an alternative, high transaction cost system, under which uploaders must first seek out permission to upload everything.

In fact, the analysis shows a tremendous number of popular music hits from the US from 1930 to 1960 are available in what's likely an authorized (i.e., monetized) fashion, even thought nearly all of it was almost certainly uploaded by those without permission. Under the system that the RIAA and MPAA would like, this would be next to impossible. Instead, they'd want to negotiate deals first, making it nearly impossible for such works to be available, and meaning that both the availability and monetization of those works wouldn't be happening. As Heald concludes:
Congress should resist calls to dismantle platforms like YouTube which take advantage of current limits on secondary liability to create a marketplace that radically reduces the high cost of negotiating over rights to music and visual content. The access YouTube provides to valuable cultural products is far from perfect, but it provides a partial solution to the problem of disappearing works, at least in the music context. In any event, no new legislative initiative should proceed in the absence of concrete data testing the claim of copyright owners that their proposals make works more, rather than less, available to the public.
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The Logical Conclusion Of Zero Tolerance: College Prof Suspended Because Daughter Wore A GoT Tshirt (Too Much Free Time)

by Timothy Geigner

from the tolerating-stupdity dept on Friday, April 18th, 2014 @ 6:36PM

When we talk about the stupidity that are school-affiliated zero-tolerance policies, those stories usually revolve around an administration's inability to marry common sense with their reactions to non-issues. This can produce somewhat varied results, from really dumb stories about children being children and ending up in serious trouble, to a far more angering practice of victim-blaming. What it all boils down to, though, is an overreaction to certain tragic situations that results in bureaucratic lunacy on a level I never would have thought possible. School shootings and violence are the impetus in these cases, but we see this elsewhere as well. 9/11 resulted in the s#!*-show we know as airport security and NSA surveillance. The Boston Marathon bombing has resulted in the kind of militarized protection and media-blitzkrieg that would likely have other world nations that deal with far more terrorism shaking their heads. And, in each of these cases, we learn a simple truth that we should have seen coming all along: reactionary policies breed stupidity, corruption, and trouble.

So let's get back to zero-tolerance policies in schools and witness the logical conclusion they offer: a college professor who had recently been at odds with his school's administration was just suspended for posting a picture of his child wearing a Game Of Thrones t-shirt.

A popular community college professor was suspended after posting a photo of his daughter wearing an oversized T-shirt bearing a tagline from this season of Game of Thrones—Daenerys Targaryen's "I will take what is mine with fire and blood." Francis Schmidt, who teaches art and animation at Bergen Community College in New Jersey, shared the photo on Google+, where it was seen by several of his work contacts. One of them, a dean, decided the shirt was a veiled threat of some kind.

In case you can't see the image, it's of Schmidt's daughter doing a handstand while wearing a Game of Thrones t-shirt that includes the tagline: "I will take what is mine with fire & blood." In case you think it's reasonable that such a picture being shared on social media could be interpreted as a threat to commit violence at a local community college, stop thinking that because that's a stupid thought. I imagine Schmidt said as much when he was called in to meet with the administration to explain why he'd sent a "threatening email", despite the fact that no email had been sent.

At the meeting, Schmidt explained the shirt in the context of Game of Thrones and showed Miller that the "fire and blood" tagline has 4 million results on Google. The professor asked why his photo had caused such a reaction, and was told that "fire" could be a metaphor for "AK-47s." Schmidt was placed on administrative leave without pay later that week, and told he would have to pass a psychiatric evaluation before he could return.
Now, like me, you should be even more confused. There's no way you could somehow interpret "fire" to mean "AK-47" any more than you could interpret "fire" to mean "Easter ham." They aren't related. And if you're thinking that there's so little sense being made here that there must be something more to this story, there sure as hell is. The head of the school's administration had just been delivered a vote of no confidence by the staff, including Schmidt, who had also filed a grievance recently for being denied a request for a sabbatical. You don't need to read between the lines much to understand that this is probably a trumped-up charge serving to punish a member of the teacher's union.

Which brings us nicely back to my original point: it isn't just the stupid you have to worry about when it comes to zero-tolerance policies, it's also the corrupt. When we overreact to admittedly tragic occurrences, we almost invariably open up the possibility for abuse through that overreaction.

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Finally, Someone Acts Like An Adult: District Attorney Drops Charges Against Bullied Teen Who Recorded His Tormentors (Legal Issues)

by Tim Cushing

from the and-to-think,-this-all-could-have-been-prevented dept on Friday, April 18th, 2014 @ 5:33PM

South Fayette School in Pennsylvania, along with a complicit criminal justice system, recently made headlines with its groundbreaking anti-bullying program, which apparently deters bullying by punishing bullied students.

Here's a short recap:

A bullied student used an iPad to make an audio recording of other students abusing him. He brought this to school administration who a) called in a police officer (after being advised by its legal team that this might be a violation of the state's wiretapping law) and b) deleted the recording.

The police officer, unable to actually bring a felony charge against the minor, settled for disorderly conduct. This charge brought him before a judge, who first stated her firm belief in the school's inability to do wrong before finding him guilty.

Throughout the entire debacle, not a single person involved even considered the possibility that the student had committed no crime or the fact that he had followed all of the school's prescribed steps for reporting bullying incidents. Instead, the desire to punish someone was obliged every step of the way.

Finally, someone within the justice system has chosen to act like an adult, rather than a bunch of clique-y, vindictive children.

Stanfield (the student) had announced that he and his attorney would file an appeal to that ruling but his fight may already be coming to an end. Today, Benswann.com has been told by Stanfield’s attorney that the District Attorney will allow the appeal to go forward but will no longer pursue this case.
More specifically, both the wiretapping charge (which was apparently still brought despite the involved officer's statement otherwise) and the disorderly conduct charge (which the judge found the student guilty of) were dropped.
A wiretapping charge against a South Fayette High School student who recorded two classmates bullying him has been dropped by the Allegheny County District Attorney's Office.

Mike Manko, a spokesman for District Attorney Stephen Zappala, said Judge Robert Gallo signed an order Thursday to withdraw the citation against 15-year-old Christian Stanfield.

"No one in our office who is authorized to give advice on wiretap issues or school conduct issues was ever contacted in this matter. We have made multiple attempts to contact the officer who wrote the citation and (the) results have been unsuccessful," Manko said in a written statement. "We do not believe this behavior rises to the level of a citation."
Odd that a police officer wouldn't talk to a district attorney. Unless, of course, a little bit of hindsight made him realize his every move fell between vindictive and buffoonish. Lt. Murka, who apparently considered both wiretapping and disorderly conduct to be appropriate "remedies" for a bullied student recording his tormentors, seems to have recused himself from the public eye. Manko, speaking for the DA, hits the heart of the issue -- one simple sentence that any of those involved could have deployed to call an end to this ridiculous situation before it ended up in front of a judge: "We do not believe this behavior rises to the level of a citation."

The school has now gone on record to declare it's everyone else who's wrong:
The South Fayette Township School District wishes to address recent reports in the local and national media concerning a student of the South Fayette Township School District. It is to be noted that certain information being disseminated by the media is inaccurate and/or incomplete.
Rather than clear up what exactly was "inaccurate and/or incomplete" about the reporting, it instead has chosen to hide behind "confidentiality."
The School District is legally precluded from commenting specifically in regard to these reports as the issue involves a confidential student matter.
Considering the story has been all over the news, it seems a bit weak to claim the matter is still "confidential." It would seem it could comment on any of the specifics already in the public domain. The story has gone nationwide, so it's disingenuous to pretend it's still a "confidential" matter.

While it's nice that the DA has dropped the charges and allowed the student to proceed through school without criminal charges hanging over his head, one wonders if this same outcome would have forthcoming without the attendant public outcry. Any adult can start acting like one with enough public shaming. But the application of a little common sense would have averted this incident completely.

A bit more troubling is one of the suggestions that escaped the lips of a local politician who showed up to the teen's "not a criminal" celebration.
State lawmaker Jesse White joined the rally, telling Stanfield he wants to name a law after him. He said it would close the loophole in the wiretapping law and allow victims of bullying to record it as proof for police and school officials.
His opportunistic heart's in the right place, but naming laws after people often indicates the new law is a bad one. This isn't an issue where a new law will fix things. This is an issue where no one in this chain of events showing the courage (and common sense) to stand up and ask why they were punishing a bullied kid for recording bullies.

10 Comments

DailyDirt: Believable Dieting (Culture)

by Michael Ho

from the urls-we-dig-up dept on Friday, April 18th, 2014 @ 5:00PM
Maybe you're not eating meat today or perhaps planning to avoid various foods that aren't kosher for Passover. (Or you're blissfully eating whatever you want...) People follow a lot of eating guidelines based on all sorts of issues -- religious, ethical or other. There are all kinds of diets: to lose weight, to prevent high blood pressure, to save animals' lives, to kill fruits. Whatever diet suits your fancy, you might want to check out some of these stories on dietary restrictions and food beliefs. If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post via StumbleUpon.
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University Hires Sports Info Director, Fires Him Two Hours Later After Local Paper Googles His Name (Failures)

by Timothy Geigner

from the google-is-your-friend dept on Friday, April 18th, 2014 @ 3:48PM

It's sometimes amazing to me how many organizations have so much trouble with background checks. Granted, there's a lot to look through, and you don't want to inadvertently overstep the bounds of reasonableness. That said, it seems to me it's common practice these days to at least run a name through a Google search and make sure nothing horribly damning comes up as a result. I plan on doing this with my future children, in fact, shortly after I name them, just to make sure they weren't up to any gangster crap while in the womb.

Actually, given this recent story about the University of Great Falls in Montana involving their hiring of a Sports Information Director and then firing him after a local paper Googled his name, perhaps there's a business opportunity in all this.

UGF, whose athletic programs compete in the NAIA, introduced [Todd] Brittingham as the school's new SID and marketing director in a news release. The Great Falls Tribune set out to learn more about him. Presumably they first searched his name. Presumably they found what anyone can find, on the first page of the search results—stories from 2012 about Brittingham pleading guilty to charges stemming from a relationship with a 16-year-old student at the Kansas high school where he was teaching and coaching.
In the end, Brittingham copped a plea to endangering a child and giving alcohol to a minor in exchange for the drop of felony diddling a child charges. Justice! In any case, as you can imagine, the university wasn't terribly pleased at learning about this and fired Brittingham post-haste.
Gary Ehnes, athletic director at UGF, said he was stunned by the news. He said he was the one responsible for the hire.

"I'm devastated. You do a background check on a guy and figure that's going to do it. But I guess we have to go further than that," Ehnes said.
Go further? No, a Google search isn't going further than a background check, a background check is going further than a Google search. You probably shouldn't move to step two until you complete step one, especially when step one is the first thing we all do before going on a first date. That's why I'm thinking of opening Timothy Geigner's Step One Background Checks. Think of the money! I can contract with unwitting public institutions to perform simple Google searches for prospective employees. Sounds ridiculous, but there's obviously a need for this service, and for once it's a business need I can actually fulfill. Capitalism, people!

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