http://www.techdirt.com/ Easily digestible tech news.... http://www.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c571 Tue, 21 May 2013 15:25:20 PDT http://www.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c571 Veoh. It doesn't matter if the law's on your side, or even if you get a "not guilty" verdict. If a big company doesn't like you, it can and will drag you into court until you go bankrupt.
The court system is broken. Even judges are starting to recognize it. Hopefully at some point we'll switch to a "loser pays" legal system, but until then...]]> http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c103 Tue, 21 May 2013 15:20:21 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c103
And just because a judge told them not to EVER send out fraudulent letters again, Hansmeier will laugh at it and say, "Fraudulent according to whom?"

Wright's Denial of the Sanctions Stay in CACD helped a little, but not much.]]> http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c80 Tue, 21 May 2013 15:18:46 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c80 well, to escape with such a result.]]> http://www.techdirt.com/articles/20130514/17551823088/floridas-redlight-program-designed-to-make-driving-more-dangerous-shortening-yellow-lights.shtml#c461 Tue, 21 May 2013 15:17:30 PDT http://www.techdirt.com/articles/20130514/17551823088/floridas-redlight-program-designed-to-make-driving-more-dangerous-shortening-yellow-lights.shtml#c461
If you run a red light in front of a police officer, you can can explain what happened: maybe the guy behind you was tailgating and you couldn't stop safely, maybe it's an emergency, or whatever. In ALL cases, the police office can use his or her judgment to decide whether to give you ticket. Maybe you'll get a warning, maybe you'll get a reduced ticket, or maybe the full ticket. If you do get a ticket, there's information on the back about how you have the right to a court date, and if you don't pay the fine, you will be sent a summons from the local courthouse.

With a red light camera, there is no judgment call: the camera has a picture of your license plate, your car, and maybe your face, and it doesn't care why you did it. On the ticket itself is text explaining that you MUST pay the fine. (On a side note, the instructions say to send the payment to the company, NOT the local law enforcement.) There is NO information about how to fight or appeal the ticket.
And if you're good about paying on time, then you don't get any points on your license and the ticket is not reported to your insurance company.

If you do NOT pay the fine by the due date, you can have your legally-entitled day in court. However, you run the risk of getting a judge who sides with the ticketing company. (Put more bluntly: a judge who has been told by the state that the red light camera company is giving money to the state, so the judge should throw the book at anyone who argues against a ticket.) Now, sure, maybe you'll get a judge that agrees with you about the evils of red light cameras, but are you willing to take the risk?
Like other posters have said, the fine doubles (or more) if you go to court. And if you lose, you have to pay the full fine AND court fees AND get points on your license, which could lead to higher insurance rates... not to mention any income you might lose by taking time off work to go to court.

Yet politicians like these cameras because of the quick infux of income. But how many accidents do these cause and how long will it be until the expenses of sending police and rescue services to the accidents overtakes the income?]]> http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c59 Tue, 21 May 2013 15:16:05 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c59 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#c1098 Tue, 21 May 2013 15:14:14 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#c1098
Let me explain. The basic premise of your argument is wrong. You are saying that removing the anti-circumvention clause of the DMCA weakens the rights of copyright holders because removing the anti-circumvention clause weakens the rights of copyright holders. This is a logical fallacy known as "begging the question" (as opposed to the common use where it means creating a question). Repetition of your fallacy does not improve it's validity.

The second part of your statement must be argued for the initial postulate to be valid. In other words, you must first explain how making circumvention of protections for non-illegal uses of copyrighted material in any way affects the rights of copyright holders.

For example, let's take another set of laws. It is illegal for you to break into my house. It is not illegal for you to enter if I give you permission, and it is always legal for me to enter my own house barring something like a restraining order. Let's imagine it is also illegal to climb into a house through a window since that is circumventing the security of the house.

Now, as a homeowner, I have the right to prevent unauthorized entry to my home. If I accidentally lock myself out of the house, and climb in through a window, should I be prosecuted for breaking and entering under the clause of the law that states going through the window is illegal? And if that law were removed, so it is now legal for *me* to enter my house, but still illegal for an intruder, does that diminish my homeowners rights in any way? Either way the right to enter my house is unaffected...someone entering illegally is illegal, regardless of the method, and someone entering legally should not be a criminal for entering through an "illegal" method.

So what Mike stated is correct...the actual copyrights of copyright holders are unaffected by this change. The ability to take legal activity and treat it as illegal simply due to the method would be removed. This may help reduce the abuse of copyright law for non-copyright purposes but does nothing to diminish the copyrights themselves.]]> http://www.techdirt.com/articles/20130519/19190923142/if-youre-going-to-illegally-seize-citizens-cell-phones-least-make-sure-youre-grabbing-right-ones.shtml#c823 Tue, 21 May 2013 15:12:34 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#c823 Why would it matter.

Physical NAND Flash Security: Preventing Recovery of Deleted Data, presentation by Michael Abraham, NAND Solutions Group Architect, Micron Technology, August 2011.]]> http://www.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c554 Tue, 21 May 2013 15:12:26 PDT http://www.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c554
Where did they say "thanks for being a fan"?

Also, can we please, please stop with the "overzealous lawyers" and "third-party affiliates" nonsense. The company HIRED these lawyers to issue takedown notices, and I'm guessing without the oversight of the company. In turn, the lawyers make money by billing the company for all the hours they spend finding sites and taking down notices- it's not their job to decide which sites are good or bad.

The company should he held MORE responsible when something like this happens.

Who's up for starting "Protest Nutella Day"?]]> http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c46 Tue, 21 May 2013 15:11:49 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c46
They're just a bunch of pirates.]]> 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#c1085 Tue, 21 May 2013 15:07:56 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#c1085 http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c36 Tue, 21 May 2013 15:07:42 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c36 http://www.techdirt.com/articles/20130515/00554723091/more-details-emerge-key-legal-fight-over-dmca-abuse.shtml#c118 Tue, 21 May 2013 15:04:49 PDT http://www.techdirt.com/articles/20130515/00554723091/more-details-emerge-key-legal-fight-over-dmca-abuse.shtml#c118
Is that you name or what you do?

Oh and look. I'm just as on topic as you are! Yay me!]]> http://www.techdirt.com/articles/20130502/07475922914/why-even-good-hospitals-doctors-are-obstacle-to-better-cheaper-healthcare.shtml#c347 Tue, 21 May 2013 15:04:02 PDT http://www.techdirt.com/articles/20130502/07475922914/why-even-good-hospitals-doctors-are-obstacle-to-better-cheaper-healthcare.shtml#c347 http://www.techdirt.com/articles/20130516/15583223111/congress-grandstanding-over-google-glass-privacy-concerns-next-up-privacy-concerns-over-your-eyes.shtml#c2437 Tue, 21 May 2013 15:03:10 PDT http://www.techdirt.com/articles/20130516/15583223111/congress-grandstanding-over-google-glass-privacy-concerns-next-up-privacy-concerns-over-your-eyes.shtml#c2437
You are your data: The scary future of the quantified self movement | PandoDaily]]> http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c1130 Tue, 21 May 2013 15:02:48 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c1130 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#c1075 Tue, 21 May 2013 14:59:38 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#c1075
And restoring rights to consumers, boy.]]> 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#c1064 Tue, 21 May 2013 14:59:30 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#c1064 Currently, copyright holders have a legally enforceable claim against those that circumvent access controls

True, and that would disappear, but it isn't a COPYRIGHT claim. It's just a claim the copyright holder has as an extension of a law put in place to protect copyright.

Just because it's an issue covered in a bill that protects copyright (among other things) doesn't mean it's copyright issue.

Therefore, "fixing" (liberal usage of the word) the issue has no effect on copyright. That's the point you're failing to understand.]]> 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#c1050 Tue, 21 May 2013 14:59:21 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#c1050
DMCA is a US law. US laws are valid only the US.

Send your data to China or India. They can legally extract it, they can do it much cheaper than you can, you can spend the day sleeping while the data is processed, and helps the Indian economy which makes the elitists happy.

See solution simple.

Everyone happy.]]> http://www.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c552 Tue, 21 May 2013 14:59:21 PDT http://www.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c552 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#c1041 Tue, 21 May 2013 14:58:44 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#c1041
I bought the damn thing and so long as I'm not 'stealing' content with it or causing physical/mental distress to someone else with it, I should be able to do whatever the hell I want with it. If I want to move to another carrier with it, so be it. If I want to install apps that the almighty Apple doesn't like, go me. If I want to sell it to my mother-in-law for $20 I should be able to do that too.

If you disagree with the idea that what you buy (not license or rent a service/product) is YOURS and not "yours until we say so" then you've got problems, period. I didn't lease a phone, I bought one.]]>