Latest Techdirt Comments http://www.techdirt.com/ Easily digestible tech news.... Re: Re: http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c178 Mon, 20 May 2013 19:29:12 PDT http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c178
Someone who can't keep track of the bullshit he posts really has no business talking down to anyone. But let's focus on what you've bullshitted, I mean typed, this time. Prenda was the one who brought the lawsuit, so they were involved. After their representatives shuffled their feet and refused to admit where the money or paperwork went, where else do you think the judge was going to get his information?

You're just mad that once again, copyright enforcers proved the only way they could get anything down is by steamrolling the law. "I don't have to follow shit; stfu and let me sue people!" And you wonder why copyright gets no respect.]]> Re: Re: Re: Re: Re: Again, sheerly an anti-copyright WEDGE for Mike. http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1331 Mon, 20 May 2013 19:28:19 PDT http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1331
I think Mike's claim that he needs more studies before he can form any opinion about the propriety of copyright is bullshit. He's got more information than probably just about anyone else. And he's got lots of opinions about copyright. It's just an excuse he makes to get out of taking a definite position on something as simple as whether we should have any copyright at all.

I'm happy to discuss my views at length. For two posts where I affirmatively state my views, see http://www.techdirt.com/articles/20120915/13334520392/funniestmost-insightful-comments-week-techdirt.shtml#c3135 & http://www.techdirt.com/articles/20130130/23085521833/former-riaa-vp-named-2nd-command-copyright-office.shtml#c2183

So what do you think Copyright should look like?

I think the exclusive rights that exist now cover most ways that copyrights are valuable. I wouldn't add or delete any particular rights. But as I mention in my second comment that I linked to, I think the public's rights should be broader and clearer. There is plenty of room for improvement. But at the same time, I think that the rights that do exist should be meaningful, i.e., enforced.

What exemptions should be enabled?

The ones that exist do far more work than the TD narrative admits, namely, fair use and idea/expression. Exemptions for personal use, as distinguished from fair use, should be greater than they are now. The orphan works problem is another area where congressional exemptions are needed.

State why you beleive that Copyright should be automatically granted on fixing in a medium?

Your question presupposes that I think that. I don't think that copyright-upon-fixation is necessarily the best way to do it. It has many advantages, such as for a photographer who takes hundreds of pictures, and it ensures that many works that would not otherwise enter the public domain eventually will (especially unpublished works), but I think that bringing back formalities might be a good idea. It's not an area that I've studied much or given much thought to, honestly. But those are my thoughts.

Why Copyright abuses should not be punished to the same extent as Copyright Infringement?

I guess I would need to know what particular abuse you're thinking of to answer that, but again I think you're assuming something about me that isn't necessarily true.

What is the perfect copyright length for compensating the creator, to incentivise future creations and provide a benefit to the public?

Nobody knows that. I think copyright is about more than just the incentive-to-create theory, and I think that life-plus-some-number is the proper term for copyright. I don't think, as a normative matter, that authors should give up their exclusive rights while they're alive. And the "plus-some-years" makes sense since I don't think the rights should automatically disappear upon death. For example, if someone invests significant time, energy, and money into creating something only to die the day after it's completed, I think that should pass to the author's heirs just like any other asset in one's estate (which is what happens now).

If you want more particular answers, ask more particular questions. I'm happy to oblige. I'm happy to discuss my beliefs directly and without weasel words. The fact is that I hold a plurality of views, and I think that differing views have merit. I don't think there is one "correct" answer. I think there are several.]]> Re: http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c708 Mon, 20 May 2013 19:19:46 PDT http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c708 this.]]> Re: Re: Not quite right... http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c704 Mon, 20 May 2013 19:18:20 PDT http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c704 here.]]> http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c702 Mon, 20 May 2013 19:15:49 PDT http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c702 "Actually, for the most part it works well. I think few of us can find a reason to provide spank material for extreme pedophiles, and those who do so should be looked down upon rather severely."

Even if it doesn't involve real children? Would you rather pedophiles find a different outlet than fantasy to satisfy their urges?

"Remember, we aren't talking about borderline fantasies about sex with slightly underage boys or girls (say 15 or 16) but rather forced sex with babies and toddlers. It's unlikely you could find many people who would find then material inoffensive, so the obscenity laws work out fine."


Age doesn't make any difference to fictional characters. They react however the author wants them to react. But it seems there's something you'd like to say about "sex with slightly underage boys or girls (say 15 or 16)" in general?

Written word has legally gotten a pass for years, but like any system, when the pedos and sickos think they have found a way to bypass the law, they abuse it.


Bypass what, exactly? Obscenity is always determined after the fact. There is no law that defines it in a way that would create a "loophole" of any kind.

This is perhaps another great example of why free speech cannot be an absolute. Even the biggest supporters of free speech would have to admit that this stuff serves no good purpose except as training material for the next generation of people who will abuse your children. That's not a good thing.


Training material? Are you suggesting anybody could be trained? Could you? As in "there but for the grace of God go I"?]]> http://www.techdirt.com/articles/20090331/0234474321.shtml#c195 Mon, 20 May 2013 19:15:11 PDT http://www.techdirt.com/articles/20090331/0234474321.shtml#c195 hp 364) this is a good news for us]]> Witnesses intend to sue sheriff's department http://www.techdirt.com/articles/20130515/18051923103/footage-lethal-beating-deleted-seized-phone-sheriff-asks-fbi-to-take-over-investigation.shtml#c1075 Mon, 20 May 2013 19:13:34 PDT http://www.techdirt.com/articles/20130515/18051923103/footage-lethal-beating-deleted-seized-phone-sheriff-asks-fbi-to-take-over-investigation.shtml#c1075
]]> mobil secret lock http://www.techdirt.com/blog/wireless/articles/20130210/02205321935/white-house-petition-legalizing-unlocking-mobile-phones-tries-to-pass-100000-signature-threshold.shtml#c927 Mon, 20 May 2013 19:13:09 PDT http://www.techdirt.com/blog/wireless/articles/20130210/02205321935/white-house-petition-legalizing-unlocking-mobile-phones-tries-to-pass-100000-signature-threshold.shtml#c927 Re: Re: http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c172 Mon, 20 May 2013 19:09:02 PDT http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c172 " Reaching outside of a case and outside of his district to pull people in for lecture and punishment without trial" doesn't mean that is what happened, it wasn't. Even though Rossing and Hansmeier are now trying to paint it that way, it was still a civil matter and Judge Wright only did what any judge could do when presented with evidence of fraud taking place in his court. No more, no less. I for one find it refreshing that Hansmeier is now trying to pretend that it was/should have been a criminal case; as he's admitting he's a criminal, and a part of Prenda et.al.]]> Re: Re: http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c161 Mon, 20 May 2013 19:06:54 PDT http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c161
What about the people that Prenda sued in this case, they should be treated with same courtesy should they not?

Team Prenda ought to have been sure of there facts when they decided to bring this suit to court. Most Lawyers when they are filing a lawsuit for a client at least try to make sure the filings they are submitting to the court are true.

How do you explain that Gibbs put forth a sworn document of his investigation of the IP address involved and stated that the house tied to this address was a big gated property with a few building on it, but no other residences close by?

But when Judge Wright looked at the same area he found Gibbs finding to be totally inconsistent with his diligence when he looked at the same address through google maps and saw a totally different aspect of what Gibbs reported.

Shouldn't Prenda's investigation have at least some truth to the facts they put forward to the court.

Also when Judge Wright ordered them not to use the information gleaned from the ISP's and they were ordered to tell the ISP's of that order and they were told not to contact and of the subscribers who's information was turned over to them, should they have not followed the Judges order and not contacted the ISP subscribers?

Did the does not deserve to have any settlement letters and phone calls stopped as that was the order of the court, which Prenda did not follow and ignored.

You make it seem like Prenda can not play by the rules and not follow the law and should be afforded all considerations, and the does should have to suffer the consequences of Prenda not following the law and the courts directive.

You are obviously one of the Prenda gang who are still is denial that the law applies to everyone including them. Prenda et all have found themselves in the very wrath of the public, courts and fellow Lawyers simply due to their own ability to follow the rules of law and the rules of court.

If the Prenda gang was adapt at following the rules and making sure what they have submitted to the court was honest and factual in their lawsuits maybe they would be ahead of the game.

The mere fact that they seem to find antiquated and obscure statues of case law to file lawsuits in various states shows they are smart, but there comes a time when you cross the line between which side of the law you are on.

The antics in the various states and court rooms and various lawsuits and the trouble Prenda has encountered show they have gone to the far side of the equation in their quest for the money reaped from settlements.

As the class action lawsuits show, the copyright lawsuit game isn't the only time their tactics have been called into question.


When Judges sanction you and scold you in various rulings and you still fail to follow the courts orders and directives, then you have brought the weight of the law and courts upon yourself, and deservedly so.

So please if you want absolution for Prenda, you better find a good Priest.. because your not going to get it from most of the folks who are aware of their tactics in court rooms and cases across the country]]> Re: Re: Re: http://www.techdirt.com/articles/20130520/11552823150/major-hollywood-studios-all-sent-bogus-dmca-takedowns-concerning-pirate-bay-documentary.shtml#c512 Mon, 20 May 2013 19:04:03 PDT http://www.techdirt.com/articles/20130520/11552823150/major-hollywood-studios-all-sent-bogus-dmca-takedowns-concerning-pirate-bay-documentary.shtml#c512 Re: Re: Re: Re: http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1307 Mon, 20 May 2013 19:02:44 PDT http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1307 Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Again, sheerly an anti-copyright WEDGE for Mike. http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1300 Mon, 20 May 2013 19:00:51 PDT http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1300 Name 1 salient point that you have made in this whole thread.

I made the point that Mike made the conclusory statement that they were wrong to state that "this treaty for the blind would be 'casting aside' the 'international copyright infrastructure.'" He didn't back up that assertion, neither explaining what the proposal actually calls for nor explaining why it doesn't cast aside the current copyright infrastructure. It's just faith-based assumptions. He has access to the text of the proposal, but rather than actually cite in making his arguments he just demands that it says something. My very first post in these comments made this point. Not hard to find. There might be an argument there, but Mike didn't ever really make it.]]> Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1282 Mon, 20 May 2013 18:57:01 PDT http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1282 Where is your proof that they do not hate the Blind?

You are just making a faith based assertion that they do not hate the blind.

They say in the letter in question: "We support, in general, efforts by the EU and the international community to find effective solutions to the challenges faced by these groups in accessing copyrighted works. In particular, we support the conclusion of a balanced and workable international agreement in favour of the visually impaired . . . Better access to print works for the visually-impaired and persons with print disabilities is essential . . . ." http://keionline.org/sites/default/files/BusinessEurope_v_Blind_2013-00525-E.pdf

Doesn't sound like they hate the blind to me.]]> Re: Re: http://www.techdirt.com/articles/20130520/11552823150/major-hollywood-studios-all-sent-bogus-dmca-takedowns-concerning-pirate-bay-documentary.shtml#c495 Mon, 20 May 2013 18:56:20 PDT http://www.techdirt.com/articles/20130520/11552823150/major-hollywood-studios-all-sent-bogus-dmca-takedowns-concerning-pirate-bay-documentary.shtml#c495 Re: Re: Techdirt continually mistakes "loss leader" with "FREE". http://www.techdirt.com/blog/casestudies/articles/20130508/06065623001/new-hope-how-going-free-to-play-brought-redemption-to-star-wars-mmo.shtml#c644 Mon, 20 May 2013 18:52:46 PDT http://www.techdirt.com/blog/casestudies/articles/20130508/06065623001/new-hope-how-going-free-to-play-brought-redemption-to-star-wars-mmo.shtml#c644 Re: Re: Re: Re: Again, sheerly an anti-copyright WEDGE for Mike. http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1276 Mon, 20 May 2013 18:46:31 PDT http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1276
What exemptions should be enabled?

What should be covered under Copyright?

State why you beleive that Copyright should be automatically granted on fixing in a medium?

Why Copyright abuses should not be punished to the same extent as Copyright Infringement?

What is the perfect copyright length for compensating the creator, to incentivise future creations and provide a benefit to the public?

And I want your opinions backed up with reliable studies, links to the studies, who payed to have the study created and your interpretation of why the study is correct.

If you cannot answer my questions, then you are NOT here to discuss any merits of Copyright, but a weak attempt to discredit this site.]]> Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130520/11200723149/war-journalists-doj-claimed-fox-news-reporter-was-aider-abettor-co-conspirator-with-leaker.shtml#c791 Mon, 20 May 2013 18:41:42 PDT http://www.techdirt.com/articles/20130520/11200723149/war-journalists-doj-claimed-fox-news-reporter-was-aider-abettor-co-conspirator-with-leaker.shtml#c791 Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Again, sheerly an anti-copyright WEDGE for Mike. http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1271 Mon, 20 May 2013 18:40:36 PDT http://www.techdirt.com/articles/20130517/08324323118/trade-group-representing-many-large-companies-claims-that-exceptions-blind-would-cast-aside-copyright.shtml#c1271
I suppose his posting it here can be interpreted as an attempt to discredit someone, although "copyright holders" is a bit broad, since that's basically everyone who has ever authored anything. Rather, it's discrediting this particular business lobbying group, based on something they're actually doing. What more do you want?]]> Re: Re: Congress shall make no law... http://www.techdirt.com/articles/20130507/17274422984/house-judiciary-committee-sets-up-first-hearing-copyright-reform.shtml#c578 Mon, 20 May 2013 18:40:29 PDT http://www.techdirt.com/articles/20130507/17274422984/house-judiciary-committee-sets-up-first-hearing-copyright-reform.shtml#c578