Latest Techdirt Comments http://www.techdirt.com/ Easily digestible tech news.... Re: Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1143 Thu, 23 May 2013 11:50:59 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1143 How is this tool a way to infringe their copyrights at all? It's not like everyone is going to use it to create the exact same story over and over again.

I think the idea is that ScrollKit is encouraging people to take regular NYT news stories and use this tool on them to turn them into whatever cool web news thing that it does. I think that's stupid, but it sounds like that's the concern. If that's what they're worried about, they should buy the tool and do it themselves before someone else does.]]> Re: http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1707 Thu, 23 May 2013 11:49:35 PDT http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1707 Here's coverage of Dotcom's patent trolling from Ars: http://arstechnica.com/information-technology/2013/05/kim-dotcom-claims-he-invented-two-factor-authe ntication-but-he-wasnt-first/ and Guardian: http://www.guardian.co.uk/technology/2013/may/23/kim-dotcom-authentication-patents and IPCopy: http://ipcopy.wordpress.com/2013/05/23/kim-dotcom-and-the-two-factor-authentication-patent-inventor- or-not/

Good stuff. I had looked around last night when I wrote this and looked for prior art, but having not found any, I didn't comment on the validity of the patent. I assumed you would *appreciate* me not making a claim about the validity without knowing much about it.

But, yes, based on those links, it looks like the patent is pretty questionable, which reinforces the point I made above (which you conveniently want to ignore) that I agree that this is abusive behavior.]]> Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1135 Thu, 23 May 2013 11:48:59 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1135 If that's the case, why can't I go to Flickr, download images, and use them in a TV advertisement?

You might be able to, if your ad has something to do with how the photos are used on Flickr. Maybe for a competing service or a Flickr-related browser plugin. It depends on how the fair use factors weigh out in that particular case. If you just need a photo of a dog for your dog food commercial, that is not going to fly.]]> Re: http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c120 Thu, 23 May 2013 11:48:40 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c120 Re: http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c100 Thu, 23 May 2013 11:48:29 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c100
My nym doesn't have "anonymous" in it.]]> http://www.techdirt.com/articles/20130522/10290323174/vod-service-acetrax-shuts-down-germany-customers-movies-are-lost-due-to-drm.shtml#c443 Thu, 23 May 2013 11:48:28 PDT http://www.techdirt.com/articles/20130522/10290323174/vod-service-acetrax-shuts-down-germany-customers-movies-are-lost-due-to-drm.shtml#c443 Re: Re: Re: Gov. speak http://www.techdirt.com/articles/20130522/09382823173/chicago-school-system-foia-requests-stonewalling-obfuscation-paper-shredding.shtml#c199 Thu, 23 May 2013 11:48:10 PDT http://www.techdirt.com/articles/20130522/09382823173/chicago-school-system-foia-requests-stonewalling-obfuscation-paper-shredding.shtml#c199 on!

Nixon was very plainly a bastard and a villainous President.

But at least he got things done. Better than the shower currently in the Houses.]]> http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c98 Thu, 23 May 2013 11:46:26 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c98
I'd be pretty spooked too if an evil pirate monkey with 1337 h@x0z 5ki11z started emailing me.]]> Re: Re: Re: Re: Re: Re: Re: Re: Re: Yes, it's trolling and yes, it's ridiculous http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1703 Thu, 23 May 2013 11:45:57 PDT http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1703 http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1700 Thu, 23 May 2013 11:44:57 PDT http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1700 http://arstechnica.com/information-technology/2013/05/kim-dotcom-claims-he-invented-two-factor-authentication-but-he-wasnt-first/ and Guardian: http://www.guardian.co.uk/technology/2013/may/23/kim-dotcom-authentication-patents and IPCopy: http://ipcopy.wordpress.com/2013/05/23/kim-dotcom-and-the-two-factor-authentication-patent-inventor-or-not/

All suggest that the patent may not be valid, and there's even info about the equivalent patent abroad being ruled invalid in 2011. Funny how Mike, who loves to jump on the invalidity train, instead focuses on how this might be bad for Dotcom's pending criminal trial. No mention of how terrible trolling is or questions of the patent's validity. But yeah, Mike, you're not giving him a free pass. You're treating him like you would any other troll. Obviously. LMAO!]]> Re: Re: Re: Re: Copyright http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1122 Thu, 23 May 2013 11:43:47 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1122 Intent is irrelevant. Unauthorized copying and distribution of the content is infringing, and a violation of copyright even as first written about in the Constitution.

You should probably read up on the fair use doctrine.]]> http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c74 Thu, 23 May 2013 11:43:07 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c74
I am the loudmouthed gay guy with the word Anonymous in his nym calling this tragic moron an idiot and his bosses scammers.]]> Re: Re: Re: Re: Re: Re: Copyright http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1098 Thu, 23 May 2013 11:43:04 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1098 I am still waiting for someone to clearly state why using NYT's content and name is fair use here.

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;... The first factor is regarding whether the use in question helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public, or whether it aims to only "supersede the objects" of the original for reasons of personal profit.

Seems pretty clear, allowing this use would obviously further creativity and not supersede the original for profit.

the nature of the copyrighted work;

I'm not sure what NYT is claiming exactly. If it's over the news story, that would not have very strong copyright protection. If it's over other elements of how it was presented, that could weigh more against fair use.

the amount and substantiality of the portion used in relation to the copyrighted work as a whole;

I have no idea how much they used.

the effect of the use upon the potential market for or value of the copyrighted work.

Zero effect at all. This is not in any way competing with the original news story.


So as always it's a judgment call, but I tend to put a lot of weight on the last factor since that's where any harm would come from, so in this case I would say the use is fair. If you believe otherwise, perhaps you would like to explain.]]> Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1096 Thu, 23 May 2013 11:41:32 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1096 ....framing the tool as a way to infringe on their copyright.

And that framing confuses me. How is this tool a way to infringe their copyrights at all? It's not like everyone is going to use it to create the exact same story over and over again.

I think a better analogy would be if created an oven that makes exact replicas of Twinkies. Couldn't I create an advertisement that has customers tasting my sponge cakes and comparing them to Twinkies?]]> Could be a technique for law enforcement http://www.techdirt.com/blog/wireless/articles/20130523/01030023182/man-butt-dials-911-while-discussing-murder-plot.shtml#c496 Thu, 23 May 2013 11:40:43 PDT http://www.techdirt.com/blog/wireless/articles/20130523/01030023182/man-butt-dials-911-while-discussing-murder-plot.shtml#c496
BTW I know Blackwater changed their name to Xe and most recently to Academi. Blackwater just sounds so much cooler.]]> Re: Re: Re: Re: Re: Re: Re: Re: Yes, it's trolling and yes, it's ridiculous http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1690 Thu, 23 May 2013 11:38:12 PDT http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1690 http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c63 Thu, 23 May 2013 11:37:55 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c63 Why would the defendant in this case file a copy of a motion (ECF No. 31, Defendant]]> This strategy makes sense http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c60 Thu, 23 May 2013 11:37:25 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c60
To them, the only real reason you could ever despise their obviously criminal endeavor is because you're a filthy pirate downloading on the sly.

This has a basis in truth: I despise people using existing copyright law, using the courts as a type of extortion scheme, the majority of which are totally innocent people who settle not out of guilt but because it's more convenient than legal fees.

What you have to remember is this: the Prenda people aren't "bad lawyers" or a single aberration. They are able to do what they do as a direct result of outrageously backward copyright law.

What's interesting about the Prenda people's worldview is this: they view themselves as defenders of copyright law. They see themselves the same way that the wild-eyed fanatics at Copyhype do, or other blogs run by people without knowledge of economics or technology...as defenders of the law, unfairly railroaded and persecuted by "scary" tech types.

Have a look in the mirror, trolls, and luddites like Terrence Hart or Devin Hartline. These guys aren't an aberration - they're YOU.]]> Re: Can you remove the drm? http://www.techdirt.com/articles/20130522/10290323174/vod-service-acetrax-shuts-down-germany-customers-movies-are-lost-due-to-drm.shtml#c419 Thu, 23 May 2013 11:33:21 PDT http://www.techdirt.com/articles/20130522/10290323174/vod-service-acetrax-shuts-down-germany-customers-movies-are-lost-due-to-drm.shtml#c419 Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1074 Thu, 23 May 2013 11:32:17 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1074 If that's the case, why can't I go to Flickr, download images, and use them in a TV advertisement?


Because the first factor would have to be considered also:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The purpose in your case would be use the images for your advertisement. The purpose in the Scroll Kit case is to show that their product can produce a Snow Fall-like experience faster and easier than what NYT had to do. It's like creating an advertisement with your product and your competitor's product to show comparisons and contrasts.]]>