Comments by Mason Wheeler http://www.techdirt.com/ Easily digestible tech news.... Re: Re: Re: Re: http://www.techdirt.com/blog/innovation/articles/20130521/12175523157/nyc-says-renting-out-your-place-via-airbnb-is-running-illegal-hotel.shtml#c597 Thu, 23 May 2013 11:26:55 PDT http://www.techdirt.com/blog/innovation/articles/20130521/12175523157/nyc-says-renting-out-your-place-via-airbnb-is-running-illegal-hotel.shtml#c597 Re: Re: http://www.techdirt.com/blog/innovation/articles/20130521/12175523157/nyc-says-renting-out-your-place-via-airbnb-is-running-illegal-hotel.shtml#c266 Tue, 21 May 2013 17:16:42 PDT http://www.techdirt.com/blog/innovation/articles/20130521/12175523157/nyc-says-renting-out-your-place-via-airbnb-is-running-illegal-hotel.shtml#c266 http://www.techdirt.com/blog/innovation/articles/20130521/12175523157/nyc-says-renting-out-your-place-via-airbnb-is-running-illegal-hotel.shtml#c82 Tue, 21 May 2013 14:41:57 PDT http://www.techdirt.com/blog/innovation/articles/20130521/12175523157/nyc-says-renting-out-your-place-via-airbnb-is-running-illegal-hotel.shtml#c82 Uber

Seriously?

I've been reading Techdirt for a long time now, and I really enjoy most of the articles, but you have a *massive* problem with not being able to admit when you're wrong. (See also: the Facebook IPO.) Uber has been thoroughly discredited ever since it came out that the company is 1) run by an Objectivist who 2) engaged in massive, illegal price gouging in the Sandy flooding and then 3) tried to use ridiculous Objectivist rhetoric to paint a smiley face over the whole thing and make it look like what he was doing was good for everyone involved, when five seconds of critical thinking tears the entire argument to shreds.

Can we *please* stop talking about poor, persecuted Uber on here already? It just makes you look bad.

Because we can now share information pretty easily, Airbnb's detailed review system and communication process take away most of the "risk" that necessitated a health and safety law.


Not at all. It just takes the exact same system (protect incumbents from competition at the expense of newcomers that may actually be better) and moves the enforcement from a formal, accountable, legal process to an informal, unaccountable extralegal process. For example:

Just as an example, in my own search for a place to stay, I went through about half a dozen different apartments that were available, and looked over the pictures and carefully read the reviews. I immediately discounted the cheapest one, because multiple reviews mentioned that the apartment had not been cleaned prior to them showing up. Information and the sharing of information made that place undesirable just like that. No laws needed.


So the people who have been around for long enough to garner several good reviews end up rising to the top.
If you're new, you don't have any reviews, meaning that no one is going to want to choose to stay at your place when there are more attractive places with lots of good reviews competing with you.

And once people start understanding how important reviews are to getting business, managing reviews starts becoming an important part of the business model. Then you get people writing fake reviews of their own place, (or fake *bad* reviews of the competition,) and people starting to take steps to coerce the sorts of reviews they want out of their customers. (See: the case of that one dentist suing people who wrote bad reviews.)

The more things change, the more they stay the same.]]> http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c428 Mon, 20 May 2013 13:53:37 PDT http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c428 it still seems quite worrying when a court can decide what kind of stories are legal or illegal.

Then who should make that decision? Or do you believe there's no such thing as "obscene"?]]> Re: Re: The trouble with footage http://www.techdirt.com/articles/20130515/18051923103/footage-lethal-beating-deleted-seized-phone-sheriff-asks-fbi-to-take-over-investigation.shtml#c625 Thu, 16 May 2013 17:18:11 PDT http://www.techdirt.com/articles/20130515/18051923103/footage-lethal-beating-deleted-seized-phone-sheriff-asks-fbi-to-take-over-investigation.shtml#c625 The trouble with footage http://www.techdirt.com/articles/20130515/18051923103/footage-lethal-beating-deleted-seized-phone-sheriff-asks-fbi-to-take-over-investigation.shtml#c502 Thu, 16 May 2013 16:14:53 PDT http://www.techdirt.com/articles/20130515/18051923103/footage-lethal-beating-deleted-seized-phone-sheriff-asks-fbi-to-take-over-investigation.shtml#c502
The classic case is Rodney King, another "footage of police beating" incident. The guy with the camera didn't see the high-speed chase that the severely intoxicated King led the police on, endangering the lives of himself, his passengers, the police, and innocent civilians. It also didn't show him behaving in bizarre ways and making comments that led the officers on the scene to believe he was under the influence of not only alcohol but PCP as well.

All it showed was the arrest, and subsequent beating after King resisted arrest, and that's all that got broadcast on TV. When an impartial jury considered all the facts, they found the officers not guilty. But they had already been convicted by the media in the court of public opinion, and it touched off a riot.

Recorded evidence (audio and video) can have a very powerful emotional impact, and when used irresponsibly it can cause serious problems. (See also: the 911 call in the Trayvon Martin case that the reporter edited to manufacture the appearance of racism where none existed.)

With the way people keep pulling stupid crap like this, it's not hard to understand why even good police don't like being taped. If I was a cop I wouldn't like it either, and not because I wanted to avoid responsibility, but because there's plenty of precedent to worry about that video being used irresponsibly and undermining the public safety that I had taken an oath to protect!

The closer to the truth, the better the lie, and the truth itself, when it can be used, is the best lie.
- Isaac Asimov]]> Re: Choosing Research http://www.techdirt.com/articles/20110315/12411713502/dailydirt-new-models-not-funding-science.shtml#c211 Thu, 16 May 2013 11:14:41 PDT http://www.techdirt.com/articles/20110315/12411713502/dailydirt-new-models-not-funding-science.shtml#c211 Re: http://www.techdirt.com/articles/20130507/18253422986/bill-introduced-to-fix-anti-circumvention-provision-dmca.shtml#c423 Thu, 9 May 2013 16:27:08 PDT http://www.techdirt.com/articles/20130507/18253422986/bill-introduced-to-fix-anti-circumvention-provision-dmca.shtml#c423 Nice idea, but too big http://www.techdirt.com/articles/20130507/18253422986/bill-introduced-to-fix-anti-circumvention-provision-dmca.shtml#c329 Thu, 9 May 2013 13:46:18 PDT http://www.techdirt.com/articles/20130507/18253422986/bill-introduced-to-fix-anti-circumvention-provision-dmca.shtml#c329 Re: http://www.techdirt.com/articles/20130509/11035523021/prenda-says-judge-wrights-order-is-inapplicable-georgia-because-california-recognizes-gay-marriage.shtml#c347 Thu, 9 May 2013 13:42:04 PDT http://www.techdirt.com/articles/20130509/11035523021/prenda-says-judge-wrights-order-is-inapplicable-georgia-because-california-recognizes-gay-marriage.shtml#c347
What they said was that "because Judge Wright's order came from a different state than here in Georgia, which happens to hold to some very legal precedents than Georgia does, (and here's a list of several important ones, such as gay marriage,) it should not be honored here."

That argument is a whole lot less ridiculous, and actually makes sense. It's wrong, as Mike pointed out, due to it being based on matters of federal, not state, law, but it's not crazy.

Really, these guys manage to screw things up enough on their own, frequently venturing into "truth is stranger than fiction" territory. We really don't need to invent fictitious screwups for them.]]> A very vocal group of guys from Berkeley? http://www.techdirt.com/articles/20130508/15220623007/appeals-court-google-book-scanning-case-clearly-leaning-towards-fair-use-ruling.shtml#c328 Thu, 9 May 2013 10:16:15 PDT http://www.techdirt.com/articles/20130508/15220623007/appeals-court-google-book-scanning-case-clearly-leaning-towards-fair-use-ruling.shtml#c328
In between writing and publishing some highly innovative novels that have made him one of the biggest names in modern Fantasy, and finishing up The Wheel of Time after Robert Jordan's death, Brandon teaches writing at BYU, which I don't think anyone would equate with Berkeley on the political spectrum.

He pushes strongly for digital innovation in books, personally making sure that all of his novels are available electronically and in audio-book formats as soon as possible, preferably at the same time as the print launch. (Though he's been known to get some push-back from Harriet, Robert Jordan's editor, on the The Wheel of Time books. Apparently she's a bit of a Luddite, unfortunately.) In fact, when a friend of mine found out I was going to meet him at a book-signing tour, she asked me to specifically thank him for his efforts in this, because she's blind and it's pretty much the only way she can enjoy literature.

He also published one of his novels online as a free download under a Creative Commons license. This didn't stop the paper version from selling plenty of copies.

Doesn't sound like Mr. LaRocca speaks for him...]]> What happened to the ACLU? http://www.techdirt.com/articles/20130508/11523523006/fbi-still-doesnt-think-it-needs-warrant-to-read-your-email-despite-court-ruling-to-contrary.shtml#c200 Thu, 9 May 2013 10:04:00 PDT http://www.techdirt.com/articles/20130508/11523523006/fbi-still-doesnt-think-it-needs-warrant-to-read-your-email-despite-court-ruling-to-contrary.shtml#c200
Good to see they're growing up a bit...]]> Re: Re: http://www.techdirt.com/articles/20130409/13010922637/ubisoft-uplay-launcher-exploit-strips-drm-all-publishers-games.shtml#c303 Wed, 10 Apr 2013 14:30:51 PDT http://www.techdirt.com/articles/20130409/13010922637/ubisoft-uplay-launcher-exploit-strips-drm-all-publishers-games.shtml#c303 For example, always-connected DRM that introduces a functional dependency on a remote server for the game to operate is DRM, but is not "hacking" by any definition -- nobody is directing the operation of your computer except you.

I wouldn't say that. Just look at the most recent example of always-connected DRM: the new SimCity. It does not "introduce a functional dependency;" it actively breaks the whole system. It has been shown by a few modders that no real "functional dependency" exists; the game is perfectly capable of playing with no internet connection.

The only thing that the DRM does is take control of the system away from you by making you unable to run the program without complying with requirements that do nothing except satisfy the DRM. This is holding your game, that you paid for with your own money, hostage. This is an act of hacking, period.]]> Re: Re: Umm http://www.techdirt.com/articles/20130410/07413722660/uh-oh-us-postal-service-wants-to-better-monetize-its-intellectual-property.shtml#c287 Wed, 10 Apr 2013 11:31:52 PDT http://www.techdirt.com/articles/20130410/07413722660/uh-oh-us-postal-service-wants-to-better-monetize-its-intellectual-property.shtml#c287
And trying to do something as simple and obvious as get them to attach a note to my package to deliver it to the apartment manager because I won't be home to accept delivery generally involves hours of runaround over the course of multiple phone calls, and then coming home and finding the "could not deliver" sticker on my door anyway. How either of them are able to remain in business under conditions so hostile to their customers is beyond me!

USPS, on the other hand, always delivers packages shipped by them to my box without hassle. I've never had a shipping problem with them.]]> http://www.techdirt.com/articles/20130409/13010922637/ubisoft-uplay-launcher-exploit-strips-drm-all-publishers-games.shtml#c228 Wed, 10 Apr 2013 09:42:09 PDT http://www.techdirt.com/articles/20130409/13010922637/ubisoft-uplay-launcher-exploit-strips-drm-all-publishers-games.shtml#c228 DRM that allows hackers to take control of gamers' machines.
Isn't that all DRM everywhere? When you get down to it, the fundamental point of DRM is to transfer basic control over the functionality of the machine from the machine's owner to a remote programmer, to make it do what the DRM author wants instead of what the owner wants. If that's not an act of hacking, I don't know what is.]]> http://www.techdirt.com/articles/20130409/15221222649/paul-hansmeier-who-me-i-did-nothing-everything-youre-accusing-prenda-was-done-someone-else.shtml#c30 Tue, 9 Apr 2013 16:25:38 PDT http://www.techdirt.com/articles/20130409/15221222649/paul-hansmeier-who-me-i-did-nothing-everything-youre-accusing-prenda-was-done-someone-else.shtml#c30 Also, he tiptoes around the question of whether or not the Alan Cooper who showed up in court is "Alan Cooper" who was a corporate representative of the shells. Such tapdancing is unlikely to go over well with an angry judge who already thinks you're bullshitting him.

The mental image of Hansmeier trying to tapdance on tiptoes is a rather amusing one... ;)]]> http://www.techdirt.com/articles/20130405/14453422602/time-warner-cable-systematically-looking-to-shut-down-parodists-accounts.shtml#c98 Fri, 5 Apr 2013 16:50:33 PDT http://www.techdirt.com/articles/20130405/14453422602/time-warner-cable-systematically-looking-to-shut-down-parodists-accounts.shtml#c98 I can understand why TWC decided to try to shut down the various accounts, but, in the end that's probably exactly what Selvig and Stiefler wanted, as it merely serves to call that much more attention to their antics.

Mr. Warner? I've got a Mrs. Streisand on line 1...]]> Re: Re: Re: http://www.techdirt.com/articles/20130402/21100522556/djs-dihydrogen-monoxide-april-fools-prank-results-suspension-possible-felony-charges.shtml#c770 Wed, 3 Apr 2013 13:40:55 PDT http://www.techdirt.com/articles/20130402/21100522556/djs-dihydrogen-monoxide-april-fools-prank-results-suspension-possible-felony-charges.shtml#c770 Noise concerns http://www.techdirt.com/articles/20130329/12165822513/boston-police-are-catfishing-locals-to-bust-punk-rock-shows.shtml#c550 Tue, 2 Apr 2013 10:30:27 PDT http://www.techdirt.com/articles/20130329/12165822513/boston-police-are-catfishing-locals-to-bust-punk-rock-shows.shtml#c550
Before each show, they go around and let the neighbors know what's going to be going on, when the show will be, and when it will be over, and make sure they're OK with it. If not, they find another venue.

They've never had the police called on them or gotten any noise complaints. A little courtesy goes a long way, even in this day and age...]]> Re: Re: Okay, so regulate the hell out of them! http://www.techdirt.com/articles/20130329/09475822510/if-your-cable-company-were-honest-this-is-what-its-commercial-would-look-like.shtml#c1392 Mon, 1 Apr 2013 10:22:35 PDT http://www.techdirt.com/articles/20130329/09475822510/if-your-cable-company-were-honest-this-is-what-its-commercial-would-look-like.shtml#c1392 And what are you gonna do to stop them? Penalize them for being too successful?
The Randroids always show up with that particular strawman when anyone starts talking about curbing corporate abuses. Sane people understand the truth, though. No one wants to penalize success; but people taking success and abusing it, turning it into economic exploitation, does need to be penalized strenuously if you want to maintain a healthy society.]]>