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stories filed under: "ratings"
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
fcc, first amendment, movies, music, ratings, television, video games



FCC To Study Single Rating System For Movies, Video Games, TV & Music

from the under-what-mandate? dept

GamePolitics reports that the FCC is planning to study the idea of a "universal rating system" for all kinds of media, including movies, music, video games and television. According to the Bloomberg article on this, the FCC actually has a mandate to do this under a 2007 law that gave it authority to explore blocking technologies, though that seems to go well beyond the official mandate of the FCC to only monitor communications using public infrastructure. Furthermore, every single attempt to put in place a gov't mandated solution for a ratings system has been struck down as unconstitutional (and a bunch have been tried). Every rating system you see now are voluntary agreements from the industry. Having the FCC even explore such an issue raises some serious constitutional questions.

35 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
patents, ratings, reliability, uspto

Companies:
amazon



Great Timing: USPTO Gives Amazon Patent For 'Reliable Ratings'

from the that-would-be-an-oops... dept

theodp writes "Do bad patents bring bad karma? Less than 24 hours after a hacker identified as 'Weev' claimed he exploited a feature for reporting inappropriate content to wreak havoc on Amazon's product ratings (Amazon blamed a "glitch"), the USPTO issued Amazon.com a patent for the Automatic Identification of Unreliable User Ratings, an 'invention' which - you guessed it - purportedly prevents Amazon's product ratings from being gamed by providing a feature for reporting inappropriate content ('Section 244 also contains a link 254 to a display (not shown) where customer CCC can report that item review 222 contains scandalous or inappropriate material')."

14 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
cda, copyright, dmca, doctors, ratings

Companies:
medical justice



Using The DMCA To Stop Patients From Rating Their Doctors

from the signing-over-your-rights dept

Last month, Carlo wrote about how a number of doctors were pushing their patients to sign waivers, promising that they wouldn't review the doctors online -- and that one company would go around trying to enforce these waivers and get critical comments pulled down from ratings sites like RateMyMD.com. The whole thing seemed quite odd -- but in another article about the service (found via Michael Scott), the details make it clear that this is even more questionable than we previously thought. That's because the way the "waivers" from the company "Medical Justice" work is by having the patient "assign all intellectual property rights for anything the patient may write (and publish) about the physician to the physician." Then, the physician can claim copyright infringement on any review, and force it offline. So unlike what was implied in the original article, it wouldn't be a specific contractual issue, but a copyright issue.

This is not what copyright law was intended to do.

Of course, it does bring up a few interesting points of discussion. First, is that the main purpose of using copyright here is so that the doctors can make use of the DMCA's notice-and-takedown safe harbor provisions, rather than be stymied by the similar (but not quite the same) CDA section 230 safe harbors for things like defamation. One of the key differences between the two is that Section 230 doesn't have a notice-and-takedown provision (though some have been trying to add one). So, really, all this is designed to do is figure out a way to shift the critical rules in question from the CDA to the DMCA. Sneaky!

Second, is that I wonder if this would be seen as actual copyright infringement anyway, or if reviewers could make a credible fair use defense. In some cases, the review itself might not even be covered by copyright (i.e., if there's no creative expression in it -- such as simple "he's awful!" reviews). In other cases where copyright might exist, the four factor fair use test might allow its use. While it could hurt the doctor's ability to make money as a doctor, it wouldn't be harming the market for the copyrighted content. Also, the use would be for purposes of "criticism." So, it's difficult to see how such content posted on a review site would actually violate anyone's copyright, even if the rights really were signed over.

But... (and this is where that sneaky first part comes into play), this might not matter. Even though you can get in trouble for filing a false DMCA notification (and even for failing to take fair use into account), most online services will quickly pull down content when receiving a DMCA takedown to preserve their safe harbor protections. So in almost all cases, the content will get pulled down, even if the content isn't really infringing. And, then it seems quite unlikely that any reviewer/patient will find it worth the trouble of filing a counternotice.

So, really, this is a fascinating misuse of the DMCA that will live on (unless someone like the EFF decides to make an example of it). What it really highlights is one of the many problems with the DMCA's notice-and-takedown provision, which heavily incentivizes service providers to pull down content as quickly as possible. As a result of that, companies like Medical Justice have tremendous incentives to come up with a plan like this to shift what they do to a copyright issue, solely to make use of the notice-and-takedown provision, even in cases where there's no actual infringement of the copyright.

36 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
andy burnham, breast feeding, indecent content, ratings

Companies:
facebook



Breast-Feeding Photo Brouhaha Shows How Impossible It Is To Rate Websites

from the mission-impossible dept

Just after the UK's culture minister, Andy Burnham, announced that he thinks all websites can and should be rated, comes a story that highlights what a ridiculous suggestion it is to say that you can simply classify all websites. Facebook is facing a bit of a backlash after the company started banning some photos of women breast-feeding as being inappropriate. Basically, Facebook has been making its own judgment on which of those photos are "obscene" and which are fine -- and it's pissing off a bunch of moms whose photos have been deleted. And, of course, this is just one simple example. Thinking that there's some sort of single objective measure by which all sites (or content) can be rated is so wrong it's hard to believe that someone thinking such a thing was possible could hold down a serious job, let alone elected office.

83 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
andy burnham, protect the children, ratings, uk



UK Culture Secretary Andy Burnham Wants Websites To Be Rated... To Protect The Children

from the can-we-rate-Andy-Burnham-instead? dept

The UK sure does have one impressively clueless culture secretary in Andy Burnham. We first came across him nearly a year ago, when he was suggesting that it should be ISPs' responsibility to deal with file sharing by monitoring usage and cutting off users who file share. Then, just a few weeks ago, he made an incredibly poorly thought out speech, where he pushed for copyright extension on performance rights, not for any good reason -- but because of some odd "moral" compunction to take content away from the public and give it to the record labels. For this he was roundly criticized by those who actually understand the topic.

But, of course, it appears he can't stop there. His latest move is to suggest that all websites should be rated and ISPs should be responsible for blocking access to inappropriate content, "for the children" of course. Burnham seems to think that the proliferation of information online is a bad thing:

"If you look back at the people who created the internet, they talked very deliberately about creating a space that governments couldn't reach. I think we are having to revisit that stuff seriously now.... There is content that should just not be available to be viewed. That is my view. Absolutely categorical. This is not a campaign against free speech, far from it; it is simply there is a wider public interest at stake when it involves harm to other people. We have got to get better at defining where the public interest lies and being clear about it."
Because, that's just what the world needs: more government censorship determining what is and what is not "appropriate" online. This is the typical mistake made by politicians who think the internet is a content platform, and not a communications platform. If he's going to censor the internet for such content, will he also make it illegal to say bad things over the phone?

To make it even more ridiculous, he wants to take the UK's libel laws -- already some of the most draconian around -- and make them even worse. He wants it to be easier than ever to sue for defamatory speech, apparently not noticing how many bogus defamation lawsuits are brought by those who are merely upset at being criticized, rather than defamed. Making it easier only encourages more bogus lawsuits.

Would it really be that out of line to suggest that a culture secretary actually understand the internet before trying to regulate it?

49 Comments | Leave a Comment..

 
The Market

The Market

by Mike Masnick


Filed Under:
bailout, blame, financial crisis, ratings, suckers, transparency



Suckers And Transparency: Preventing Another Financial Crisis

from the can-we-outlaw-suckers? dept

In continuing to try to understand the root causes of the financial crisis, we find that the whole story just keeps getting more interesting. While lots of folks are trying to blame one single thing (free markets, regulations, greed, poor people, rich people, bankers, mortgage lenders, hedge funds, short sellers, the President, Congress, etc.), the truth is that almost all of those explanations aren't just wrong, they're highly misleading. The problems involve a whole bunch of different things that combined to create the incentives that resulted in this situation -- and preventing it from happening again is hardly an easy proposition.

Finding the last sucker

Earlier this year, in talking about a highly questionable investment firm that was investing in startups, we wrote about how the venture capital game has always been about finding the last sucker to invest. It used to be the public markets, but when that dried up, apparently some VCs moved on to basically skirting public offerings by getting firms like the one described in the post to effectively trick unsophisticated investors out of their money and put it into a "fund" that then went to startups. It was the same process -- but actually less regulated than the public markets, and much more open to fraud.

The more I read about and understand different aspects of the current financial crisis, the more it becomes clear that basically the same thing happened here, but just on a much, much larger scale. It was a giant game of hot potato, where folks were passing along toxic assets looking for the last sucker to take them -- except the process of finding that last sucker became so valuable, that many of the firms in the business of finding new bigger suckers... found themselves. In many cases, the suckers were, in fact, unsophisticated investors like the school districts we described recently, but the various banks got so tied up in the process that they started betting on these things themselves.

Becoming the last sucker

While we've been trying to avoid the blame game, the more details come out, the more it looks like an awful lot of the trouble actually comes from the ratings agencies, such as S&P and Moody's. As we discussed in the story about the school districts, the ratings agencies screwed up pretty massively, by taking collections of poorly rated loans, and effectively claiming that all together, they suddenly became low risk assets. At some level you can see where they were coming from. If they were basing their decisions on the idea that default rates were independent, then bundling a bunch of questionable assets is a potential diversification strategy. You're assuming that only a small percentage will default, and you can look at historical numbers to figure out the risk. But, the problem is that these aren't independent, and as defaults start happening it leads to more defaults -- and the ratings agencies were simply fooled by their own models.

That's the generous interpretation, at least. The other is that there was outright fraud going on at the ratings agencies, and there's some evidence there was a fair amount of fraud. My guess is there was a little of both. The ratings agencies were pushed to rate these financial products highly, and so they created models that would support a high rating. Basically, rather than creating models that actually judged the risk, they created models that told them what they wanted them to say, because, in part, their business model depended on it. It was, as noted, garbage in, financial crisis out.

A lot of this becomes clear in Michael Lewis' excellent (as usual) discussion with a hedge fund guy who recognized this early (and made quite a bit of money doing so). What's fascinating is how much work even he had to do before he realized how fragile the whole setup was. When the financial crisis first went into full swing, many folks pointed the blame finger at hedge funds that were shorting bank stocks, like this guy. However, as the Lewis profile makes clear, he wasn't to blame. He was accurately telling everyone that the financial system itself had been built on a myth -- and the mythmakers were believing their own myth.

The end result is that the race to find that last sucker resulted in plenty of suckers being taken -- but when there weren't enough of those, the banks basically made themselves the next sucker in line, and convinced themselves that they weren't suckers. While there was almost certainly some amount of fraud involved in all of this, part of the problem was that everyone started believing their own bogus models in order to convince themselves that there would always be a later sucker (or, even worse, that they didn't need a later sucker).

So how do you prevent suckers?

And that leads us to the crux of the problem. How do you prevent suckers? At some point, you can just say, well it should be "buyer beware," and to some extent I agree with that sentiment. But, when all of the other incentives are as screwed up as they were in this situation, then even the "aware" buyer finds that almost every single datapoint he or she is using is wrong. That's what was happening here. You could look pretty deep at many of these assets and everything was saying they were solid, when the reality was they were not. In cases of outright fraud by ratings agencies, you can pull out the blame finger, but in many cases it wasn't so much fraud as it was the "experts" deluding themselves. How do you stop defrauding suckers, when it's the suckers defrauding themselves... and then earnestly convincing everyone else in the process?

Radical transparency

The one thing I keep coming back to as a solution is to put in place some aspect of radical transparency on pretty much all aspects of financial instruments, both on the debt side and the equity side. On the equity side, I'm surprised that more folks haven't picked up on Umair Haque's point that quarterly reports are obsolete and not nearly transparent enough. What if public companies provided ongoing reports that revealed a lot more than they do today. And, similarly, any debt instrument provided much more detail concerning what was actually making up the investment.

The reason school districts got stuck with worthless CDOs was because the information they got wasn't transparent at all. Sure, the prospectus was a book three inches thick, but all that information was actually used to obscure what the product was. Hell, the districts thought they were buying actual bonds, not making a side bet on how those bonds would do (what the CDO actually represented). But if there were real transparency within these instruments, and everyone buying into them could easily understand what was actually at stake, then they wouldn't be so reliant on ratings agencies and their crappy models. They'd be able to build their own models -- or openly share and discuss models with others.

While there will always be some "last sucker" out there, we can limit the risk of such things by limiting the suckers as much as possible -- and the way to do that is to become much more transparent and open with information.

29 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
advertisements, internet advertisements, kevin smith, movies, ratings, zack and miri

Companies:
mpaa



MPAA Now Says It Can Regulate Internet Advertisements

from the but-why? dept

It's no secret that the MPAA's highly secretive rating process doesn't make very much sense. Kevin Smith, the well known director (and sometimes actor) got some press recently when he convinced the MPAA to change its initial rating of his new movie, Zack and Miri Make a Porno from an NC-17 to an R. There was also some buzz online about the MPAA's odd rejection of a movie poster for the film that seems pretty harmless. However, perhaps much more interesting is the information hidden at the bottom of a Salon.com interview with Smith about the whole ratings process, where Smith notes that he was surprised to find out that the MPAA now claims authority over not just posters, but any online ads for the movie as well -- even if they don't even include any footage from the movie:

I put up a teaser trailer [for "Zack and Miri"] back in April that had no footage from the actual movie in it. Just Seth and Elizabeth riffing. And the MPAA made us take it down. They said, "Look, we're in charge of all marketing materials as well, and we didn't approve this." So they made us take it down.
The MPAA's job is to rate the movies, not the ads for the movies -- especially when they're appearing online. But since the whole thing is "voluntary" (and secretive) and no theater will show a film without an MPAA rating, basically filmmakers are forced to play ball with the MPAA's regulatory whims. And, those whims can be really bizarre sometimes. Remember the movie poster that wasn't approved because a gun was aimed directly outward (and, the MPAA effectively argued, some people might think it will shoot them).

And it may get even worse. While Smith doesn't seem too worked up about the whole thing (or, rather, he's not worked up at all), he also wonders, as an aside, if the MPAA will also start regulating DVD extras. In noting that, these days, any content that the MPAA requires people to cut, will eventually make it onto the DVD anyway, he sort of wonders if the MPAA is going to expand its purview over DVD content also -- which is where he brings up the issue of the MPAA claiming control over movie trailers.

31 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
auctions, feedback, ratings, sellers

Companies:
ebay



Sellers Band Together To Create Their Own Naughty Buyer List For eBay

from the well-that's-one-way-to-deal-with-things dept

Back in February, you may recall that eBay announced plans to ban negative feedback from sellers to buyers. The problem was that many sellers were apparently using it as a weapon against buyers who might criticize them. That is, if you had a bad experience as a buyer, rather than fix the problems that resulted in that bad experience, the seller would simply slam you back in the buyer feedback. In other words, it had become something of a nuclear stalemate -- forcing buyers to be too afraid to leave any negative feedback for sellers. Of course, banning negative feedback on buyers seems a bit extreme as the response. And, in the comments to our post, people suggested a variety of alternatives eBay could have tried (including not letting you see the feedback someone left for you until you leave feedback for them). In the meantime, sellers who are upset about this may now have another weapon. One site has set up a system for sellers to share their own buyer "blacklists," effectively creating a large list of problem buyers. What's most interesting to me, is how this shows how the community itself responds to a change in the rules that they feel has too many negative consequences -- rather than just waiting for eBay to fix the problem.

29 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by IC Expert,
Timothy Lee


Filed Under:
accountability, police, ratings



Police Accountability Is A Good Thing

from the public-scrutiny dept

Jim Lippard points out that a site called Rate My Cop is generating some controversy from Arizona police departments who apparently consider the site an invasion of officers' privacy. The site doesn't have pictures, addresses, or other personal information on the site. It only lists officers' names and the department they work for. But this is still too much for the Tempe police department. "If everybody went home everyday and you had the whole world ranking your job, we do make mistakes, but other days we do great things," said one Tempe police officer. I've have a lot more sympathy for the guy if this wasn't true of a ton of other professions. When I do a stupid blog post, you guys all leave comments saying so. Most restaurants and retail business have complaint cards so customers can complain about bad service. There are a ton of sites where consumers rate hotels, bands, restaurants, books, and a ton of other stuff -- such as rating teachers (although some people do want to make that illegal too). The big difference is that police officers have the force of law behind them, so they need to be held to a higher standard than other professions. The worst thing my blog posts can do is annoy our readers and hurt Techdirt's traffic. When a police officer screws up, the result can be innocent people being harrassed, humiliated, arrested, injured or killed. The cops who do those things are a small minority, obviously. But that's precisely why we need sites like this to help bring some public attention to the few bad apples who are out there.

Timothy Lee is an expert at the Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.

44 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
first amendment, free speech, lawyers, ratings

Companies:
avvo



Judge Points Out That Lawyer Ranking Site Is Free Speech... Even If It's Dumb

from the that-whole-free-speech-thing dept

Earlier this year, we wrote about a new website, Avvo, that had created an algorithm to try to "rank" lawyers based on quality. It should come as no surprise, of course, that some lawyers (e.g., the low-ranked ones) weren't particularly pleased with such a system and some of them got together to sue the site as a class action suit -- on behalf of poorly ranked lawyers around the world. While you can certainly understand why lawyers would be upset at such a site, just because you're upset about something doesn't make it illegal. And, just as judges have repeatedly pointed out that things like Google's search rankings are protected free speech as opinions, a judge has dismissed the lawsuit against Avvo, noting that the rankings are merely opinions and that's protected free speech. That's not to say that the judge thinks Avvo is particularly useful. In fact, he points out how ridiculous the rankings are -- but that doesn't mean they're illegal. Chalk one up for free speech online.

14 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Joseph Weisenthal


Filed Under:
ratings



How Long Before Financial Advisors Rating Site Gets Sued?

from the the-rating-game dept

Back in June, the launch of Avvo, a site for rating lawyers, was met with a lot of controversy. Lawyers aren't used to being rated as if they were any other good on the market, and it didn't take long before the site was sued by one lawyer unhappy with his ranking. Now a similar site is getting set to launch, except this time it will focus on financial advisors, another group which isn't used to much scrutiny. It's not clear whether or not this will prove particularly useful, but hopefully the site has some money socked away for legal fees, since it's only a matter of time before one disgruntled advisor sues after a bad rating.

27 Comments | Leave a Comment..

 
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