Latest Techdirt Comments http://www.techdirt.com/ Easily digestible tech news.... Re: Re: Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1313 Tue, 21 May 2013 16:55:01 PDT http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1313
But there is no RIGHT to fair use, only a privilege.

that's a flat-out lie!

Copyright is the privilege, not Fair Use. Fair Use is the right and is how creativity fucking works!

But you'll just ignore what I say like you ignore everything else that counters your little world, won't you?]]> Re: Re: Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1290 Tue, 21 May 2013 16:54:45 PDT http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1290 Re: Re: Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1289 Tue, 21 May 2013 16:52:46 PDT http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1289 It protects DRM which protects copyright.

hoo hoo hoo!

that is Wrong! Wrong, wrong, wrong, wrong, WRONG!

DRM does NOT protect copyright. DRM is a POS that entertainment industries put up so that people couldn't make legitimate copies of their CDs, DVDs, or Video Games because the publisher didn't want that.

In fact, AJ, DRM specially controls how content is used. There is *NOTHING* about DRM related to copyright OTHER than the DMCA.

So, go back to your MPAA masters and tell them that DRM may just be outlawed soon.]]> http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c138 Tue, 21 May 2013 16:51:35 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c138
This is a lesson that they should have paid attention in regards to the fight over Obamacare. Even though attorneys are aware that certain courts will refuse to grant their motions, they are still required, by law, to go through the long and very drawn out appeals process.

Instead, Prenda tried to skip several hoops by going straight to the appeals court which slapped down their obvious subterfuge. Now, they have to pay an additional $1,000 per day fine past the date they were supposed to pay that judgment that Judge Otis Wright handed down.]]> Re: Re: http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1279 Tue, 21 May 2013 16:51:29 PDT http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1279
There are few (if any) copy protection measures that haven't been broken, and there is still the analog hole. No work that has copy protection measures is safe, nor would it be difficult to copy them. People who want to infringe on a work will do so regardless of the anitcircumvention clause. By removing it, all that is happening is that the rights of people are being given back to do things that are not otherwise illegal (such as unlocking phones, fair use copying, copying public domain works, etc). Those who violated the anticircumvention clause to infringe are still committing infringement, while those who violated it for non-infringing purposes are no longer breaking the law.

What exactly do you have a problem with in this case? How exactly is copyright law being weakened?

Not only that, but the law disagrees with you completely. Section 1201(c) states:
Other Rights, Etc., Not Affected.
]]> Re: Re: Re: Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1268 Tue, 21 May 2013 16:49:29 PDT http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1268
Stop using stupid arguments.

if you throw a brick at someone or something, you cause harm, thus your rights interfere with someone else's rights to live. In that case, your rights are trumped.

So, AJ, kindly, use some fucking common sense for once in your miserable life.]]> Re: Re: Re: Re: http://www.techdirt.com/articles/20130519/19190923142/if-youre-going-to-illegally-seize-citizens-cell-phones-least-make-sure-youre-grabbing-right-ones.shtml#c923 Tue, 21 May 2013 16:45:00 PDT http://www.techdirt.com/articles/20130519/19190923142/if-youre-going-to-illegally-seize-citizens-cell-phones-least-make-sure-youre-grabbing-right-ones.shtml#c923
Like it or not, the police need to get over their collective camera phobia and get on with doing their jobs in a serious and professional manner. That would be the quickest and easiest way to put this whole camera thing behind us.

Btw, I wouldn't like having her follow me around with her camera and attitude either, but if I turned around and punched her as quickly as the officer reacted, I would end up sitting in a jail cell for assault. It would take a LOT more provocation then that to make it justifiable. Is it really that unreasonable to expect an on-duty police officer to have even greater self control then an ordinary civilian?]]> >>$1k/day http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c132 Tue, 21 May 2013 16:44:16 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c132 The Court hereby imposes a penalty of $1,000 per day, per person or entity...So, that means for the four (4) persons (e.g., Steele, Hansmeier, Duffy, & Gibbs), and three (3) entities (e.g., AF Holdings, Ingenuity 13, and Prenda), that are specifically called out at the beginning of the same paragraph, that's $7,000 per day they are on the hook for! WOW!]]> Re: Ironic considering his career http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c1195 Tue, 21 May 2013 16:43:22 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c1195 Re: Re: http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c403 Tue, 21 May 2013 16:40:48 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c403
I don't think we have seen the last of this yet, I would have to believe that Godfread & Cooper will appeal being with the confusion with Judge Wrights motion causing the Judge to be a little befuddled with the aspects of the case.

I would think Godfread will want to clear Coopers name and get him some monetary compensation for the mis-use and mis-appropriation of Coopers identity.

So I agree that Godread work isn't in vain and I don't think that Team Prenda and especially John "Teflon John" Steele has escaped Godfread's legal acumen as of yet]]> Taking Threats Seriously http://www.techdirt.com/articles/20130502/18364622931/ma-teen-arrested-held-without-bail-posting-supposed-terrorist-threat-facebook.shtml#c1048 Tue, 21 May 2013 16:35:15 PDT http://www.techdirt.com/articles/20130502/18364622931/ma-teen-arrested-held-without-bail-posting-supposed-terrorist-threat-facebook.shtml#c1048 Re: http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c110 Tue, 21 May 2013 16:32:01 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c110
I do think you are right though that Judge Chen may have decided not to move forward with any penalties due to the fact that Judge Wright has already started the proverbial hammer starting it's fall on Team Prenda.

That being said I don't know if Team Prenda will escape unscathed from Judge Chen. I would think Judge Chen is smart enough to know that something smells with this, but I believe he was looking at it from the potential of their being an appeal.

It could be construed as an honest mistake from a CEO who is not too smart (Paging Mark Lutz)I think Judge Chen would rather let them skate on this one, knowing full well they are in serious trouble elsewhere in the state and all over the country.

While they may have escaped this one, I think we all know the noose is becoming a lot tighter]]> http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c101 Tue, 21 May 2013 16:31:50 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c101 IT IS SO ORDERED.Make it so, Number One.]]> Re: http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1257 Tue, 21 May 2013 16:26:50 PDT http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1257 very well, it's hypocrisy.]]> The story that just keeps on giving http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c97 Tue, 21 May 2013 16:25:27 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c97 Everything on what not to do in one series of decisions.]]> Re: http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c88 Tue, 21 May 2013 16:24:00 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c88 http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c371 Tue, 21 May 2013 16:21:44 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c371 http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c73 Tue, 21 May 2013 16:21:12 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c73 Re: Re: Re: Re: Re: Re: HEY, TIMMY, don't forget the illegal WARS: http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c1177 Tue, 21 May 2013 16:20:16 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c1177 Re: Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1236 Tue, 21 May 2013 16:20:05 PDT http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1236 DMCA/1201 doesn't protect copyright. It protects DRM.

It protects DRM which protects copyright.

So you are talking about some non tangible potential of affecting copyrights, while you ignore that DMCA/1201 very concretely violates users ability to exercise fair use. Therefore dropping DMCA/1201 will restore concrete users' rights and will not really affect any copyrights.

It does indeed make it more difficult to engage certain types of fair use. But there is no RIGHT to fair use, only a privilege. So it doesn't violate your rights. It just makes it more difficult to exercise a privilege in certain ways (but not others).]]>