http://www.techdirt.com/ Easily digestible tech news.... http://www.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml#c373 Tue, 21 May 2013 17:56:48 PDT http://www.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml#c373 http://www.techdirt.com/articles/20130517/18345423136/doj-dept-education-to-colleges-start-restricting-free-speech-campus-kiss-your-federal-funding-goodbye.shtml#c1374 Tue, 21 May 2013 17:52:43 PDT http://www.techdirt.com/articles/20130517/18345423136/doj-dept-education-to-colleges-start-restricting-free-speech-campus-kiss-your-federal-funding-goodbye.shtml#c1374
The context of this particular article is interesting, as it's embedded in a larger narrative that seems to give the impression that sexual harassment and abuse is actually a non-issue for women on campus, which -- if you ask any women on campuses today -- is clearly not the case.

I frankly find thefire.org an insidious presence online -- a stealth ultra-conservative group that makes things sound just reasonable enough that their articles get picked up by respectable websites like Techdirt (and Boing Boing, the other website I've seen citing them) because they at first glance appear to support a more progressive "open" political agenda.

I would urge the authors of this website (as well as its readers) to use good judgement and critical analysis of sources before jumping on the bandwagon.]]> http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c1097 Tue, 21 May 2013 17:51:03 PDT http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c1097 Don't like it? Just close the book!

You miss the point. It isn't about just the content of the book or my reading it, rather the concern is the effects of that book on society as a whole and certain impressionable members who may choose to act differently after reading it.

Left alone and permitted without restriction, this sort of thing expresses that society thinks this is okay, acceptable in it's own way, and that the acts portrayed in it are equally acceptable.

Those acts are not acceptable. Discussion and enjoying of those acts, even as "fiction" certainly runs the risk of eroding society and encouraging bad acts.]]> 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#c1444 Tue, 21 May 2013 17:50:14 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#c1444
I applaud your fervor for trying to do something to correct the issues, even if it means "one step at a time", but the problem is the "fix" is covering an issue that, in my opinion, isn't as relevant as the rest of the law.

If someone came to you an claimed patching a leaky hole in a dam is fixing the dam, how much credibility would you put into the remark?

The hole obviously indicates there's a problem with the dam, just as the anti-circumvention clause indicates there's a problem with the law.

I know I should be much more supportive, but I suppose I'm just tired of getting my hopes up only to see the crushed as either not enough people stand up to repair the dam or that the faulty contractor bribes enough politicians to make the issue go away another day.

This is what this law does. It pushes the bigger issues away for another day, and until this day arrives, businesses (who are trying to serve those very customers complaining they can't do with their product as they want) are being closed down due to the much, much bigger problem of the DMCA: take down notices and false claims of copyright ownership.

Bigger fish to fry, and this law seems to be going after goldfish rather than the white whale.

Good luck with this fight, but I hope no one minds I sit this one out.]]> http://www.techdirt.com/articles/20130519/19190923142/if-youre-going-to-illegally-seize-citizens-cell-phones-least-make-sure-youre-grabbing-right-ones.shtml#c983 Tue, 21 May 2013 17:49:46 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#c983
If you want to try helping the police try encouraging good behaviour rather then defending bad behaviour. Don't just sit around and whine about what others are doing, go video tape them doing good deeds and post those on YT.]]> 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#c169 Tue, 21 May 2013 17:46:55 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#c169 http://www.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml#c371 Tue, 21 May 2013 17:45:09 PDT http://www.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml#c371
It's funny when the guy who apparently coined the Steisand effect is in fact getting played in the same way.]]> 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#c1439 Tue, 21 May 2013 17:42:42 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#c1439 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#c168 Tue, 21 May 2013 17:42:24 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#c168
Adding more money per day on top makes the judge look even more vindictive, never good.]]> http://www.techdirt.com/articles/20130515/00554723091/more-details-emerge-key-legal-fight-over-dmca-abuse.shtml#c178 Tue, 21 May 2013 17:41:36 PDT http://www.techdirt.com/articles/20130515/00554723091/more-details-emerge-key-legal-fight-over-dmca-abuse.shtml#c178
Did the DMCA notice explicitly claim the entire blog was infringing? If not, then how did an entire site get taken down?

Not to side with anyone in this ridiculous situation, but the bragging to me seems to come off as "I sent them a DMCA to remove a picture and instead took down the whole blog! LOL!"

Did I misread?

Wait. Why am I even concerned over this. DMCA abuse is so rampant, I doubt it's even used for legitimate claims. :S]]> 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#c1415 Tue, 21 May 2013 17:41:03 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#c1415 http://www.techdirt.com/articles/20130502/18364622931/ma-teen-arrested-held-without-bail-posting-supposed-terrorist-threat-facebook.shtml#c1073 Tue, 21 May 2013 17:40:50 PDT http://www.techdirt.com/articles/20130502/18364622931/ma-teen-arrested-held-without-bail-posting-supposed-terrorist-threat-facebook.shtml#c1073 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#c165 Tue, 21 May 2013 17:39:59 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#c165 http://www.techdirt.com/blog/innovation/articles/20130521/12175523157/nyc-says-renting-out-your-place-via-airbnb-is-running-illegal-hotel.shtml#c298 Tue, 21 May 2013 17:39:17 PDT http://www.techdirt.com/blog/innovation/articles/20130521/12175523157/nyc-says-renting-out-your-place-via-airbnb-is-running-illegal-hotel.shtml#c298
The reason why a renter or co-op owner can't rent out their apartment as a hotel is because in New York City hotels have much stricter safety regulations than residential structures.

Primarily, hotels have mandatory smoke detectors fireproof and illuminated stairwells, sprinkler systems, strobes, ventilation systems, fire exits, battery back-up lighting, centralized fire command panels, etc. which only very modern residential buildings have in place. The vast majority of buildings in New York City have archaic fire protection and there is almost no regulation on residential structure. A residential might only get an inspection once every 10 years. There's a good chance the fire escape is unsafe. Or the stairwell is full of refuse or being used for storage. There may simply be no second point of egress because of fears of burglary, or the roof door is bolted shut. The hose for the standpipe could be rotted (if there is water in the standpipe at all). The fire extinguishers probably aren't charged (if they even have any). The resident has to maintain smoke detectors, not the building owner, so if a neighbor forgets to change his battery and there's a fire in his apartment, you could die in your sleep.

Another (lesser) reason is that of simple security. Most residents of a building don't want a steady stream of strangers coming in and out of their building. The chance of violent forced entry, theft and rape are very real concerns to residents, especially the elderly or those with small children. Those who dismiss that with "everybody who uses 'Airbnb' is a nice honest person" are both arrogant and blind. This is New York City after all -- no matter how much the tourist industry and Airbnb may try to sugar-coat it -- and those things happen all the time.]]> 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#c1394 Tue, 21 May 2013 17:37:54 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#c1394 So you agree that DMCA 1201 is not directly related to copyright, it's directly related to DRM. Relation to copyright is indirect.

That seems a bit of a stretch. That's like saying my window and door locks only protect my windows and doors from opening, not the contents of my house. It's like saying my alarm system only indirectly protects my stuff.

Firstly, the presence of DMCA doesn't really reduce the breaking of DRM. If DRM is breakable - it will be broken, DMCA or not.

Sure. DRM gets broken. But if it's illegal to traffic in it, then that makes it harder to obtain and utilize. I understand that hardcore pirates (Mike's bread and butter) won't be affected, but it stands to reason that the more difficult and underground something is, the less people will use it.

Secondly DRM itself doesn't really affect copyright - as practice shows DRM doesn't prevent infringement, all it does it is annoying legitimate users by crippling the usability.

You're assuming that the same amount of infringement would occur in the absence of DRM. I don't think you can show that. And given the fact that copyright holders are so protective of DRM, it seems to me that they think it has an effect on infringement. Again, hardcore pirates will pirate their little hearts out. But the harder it is to infringe, the less people will do it.]]> 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#c1387 Tue, 21 May 2013 17:37:15 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#c1387 "The anticircumvention provisions strengthen copyright holders' rights by making it more difficult to circumvent access controls."

Wrong. The law does not make it any more difficult to circumvent access controls. Your claim is laughably ignorant of reality.]]> 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#c1377 Tue, 21 May 2013 17:32:44 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#c1377 "It protects DRM which protects copyright."

"Protecting copyright" may be the stated purpose of DRM, but it is not the intended purpose (that would be control, not protection) nor is is the real-world result. As a protection measure it's proven to be completely ineffective.]]> http://www.techdirt.com/articles/20130519/19190923142/if-youre-going-to-illegally-seize-citizens-cell-phones-least-make-sure-youre-grabbing-right-ones.shtml#c972 Tue, 21 May 2013 17:30:48 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#c972 should be enough to warrant punishment
Qualified immunity]]> http://www.techdirt.com/articles/20130519/19190923142/if-youre-going-to-illegally-seize-citizens-cell-phones-least-make-sure-youre-grabbing-right-ones.shtml#c950 Tue, 21 May 2013 17:30:18 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#c950 "what do the same cops do when things get even more heated? beat someone to death?"

Yup. Maybe it's something in their training...]]> 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#c1376 Tue, 21 May 2013 17:26:55 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#c1376 "And are you admitting that this does weaken copyright holders rights?"

Let's play your silly game. YES, it would (not "does") weaken copyright holders rights, by taking away legal rights they absolutely should not have. These rights contradict the true purpose of copyright (encouraging creativity) so removing them does not weaken copyright one bit.]]>