by Mike Masnick
Fri, Mar 25th 2011 4:01am
Wed, Dec 4th 2013 8:50am
Closes: 24 Dec 2013, 11:59PM PT
We've all seen the digital panic that ensues when a massive service like Gmail or Facebook goes down for even a small portion of users. Smaller versions of the same thing take place every day with services that are less widely adopted but just as important to the people who rely on them. It doesn't even take an outage to cause problems — frequent slowdowns and interruptions can quickly cause a massive productivity traffic jam. With the degree to which we live our lives and do our work online, service problems are much more than a minor inconvenience, and at the wrong moment can be a disaster.
So we want to know: how does this impact the way you use the web? Are you prepared for interruptions in the online apps and services you use most? Have you ever abandoned an app for spotty performance, or adopted one specifically for its reliability? We're looking for everything in the way of insights, anecdotes and ideas about performance issues online.
You can share your responses on the Insight Community. Remember, if you have a Techdirt account, then you're already a member and can head on over to the case page to submit your insights.
One best response chosen by New Relic and the Techdirt editorial team will receive a free one-year Watercooler subscription on Techdirt (regular price $50). The subscription includes access to the Crystal Ball and the Insider Chat, plus five monthly First Word/Last Word credits, and can be applied to your own Techdirt account or gifted to someone else.
The case will be open for four weeks, with the best response announced shortly afterwards. We look forward to your insights!
by Mike Masnick
Fri, Jul 23rd 2010 8:58am
from the say-what-now dept
Defendants, and each of them, enabled the transfer/transmission and publication of this copyright protected content via mobile devices by building and implementing a peer to peer file sharing network with the dedicated purpose of enabling end users to share multimedia files via this MMS network. Defendants, and each of them, profited from these activities by charging the transmitter and receivers of this content a fee or flat rate for the transfer/transmission that resulted in the publication of said content. Despite charging the transmitter and receiver a fee for the delivery of this copyrighted content, Defendants, and each of them, failed to compensate the holder of the copyrights for this content that was necessary in generating the MMS data revenue. Furthermore, Defendants, and each of them failed or refused to provide a system where an adequate accounting of the transfer/transmission and publication of this copyrighted content could be made.Basically, this company, Luvdarts, made MMS content, and it got distributed via MMS. Since recipients of MMS can forward the MMS data they receive, such content got forwarded around. Since the mobile operators receive revenue for MMS data, Luvdarts is effectively claiming that they are profiting off the infringement of Luvdarts content. This makes no sense. It's like saying that any email provider is infringing on the copyrights of email writers by letting recipients forward emails. You know those chain emails that get passed around? Imagine if one of the authors of those then sued all the big email providers. It would get laughed out of court. Hopefully, this lawsuit gets laughed out of court too.
The one oddity is that the lawsuit claims that the mobile operators do not qualify for DMCA safe harbor protections, because they're "not service providers" as defined in the DMCA. Specifically:
The transmission of this MMS data is not covered by the exemption for Internet Service Providers as set forth in 17 U.S.C. §512 because the wireless carriers are not Internet Service Providers as defined by §512 while providing a dedicated MMS network for multimedia file sharing.Really? If you haven't read your §512 lately, why not go take a look and explain how a mobile operator offering MMS is not covered. It certainly seems covered by the definition:
Definitions.--Help me out. Where are mobile operators offering MMS features excluded? Looks like yet another frivolous lawsuit. But, of course, Luvdarts is demanding the statutory maximum of $150,000 per infringement, and claims "9,999 to 100,000 counts of infringement" (broad enough range there?). Good luck, Max.
(1) Service provider--
(A) As used in subsection (a), the term "service provider" means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received.
(B) As used in this section, other than subsection (a), the term "service provider" means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A).