http://www.techdirt.com/ Easily digestible tech news.... http://www.techdirt.com/articles/20130522/11301723178/amazon-wants-to-sell-fan-fiction-with-it-originator-fanfic-author-all-sharing-profits.shtml#c60 Thu, 23 May 2013 04:24:27 PDT http://www.techdirt.com/articles/20130522/11301723178/amazon-wants-to-sell-fan-fiction-with-it-originator-fanfic-author-all-sharing-profits.shtml#c60
But my sense is that significant part of what makes it fun is the lack or restrictions and the ability to share it widely. So, I personally just don't see how there would be any market for paid-for fan-fiction, regardless of price. And if the originator thinks this will give them more control, they should think again. This isn't going to stop fans from writing fan-fiction and sharing it.]]> http://www.techdirt.com/articles/20130508/11311423005/dr-phil-sues-deadspin-reporting-manti-teo-hoax-even-though-deadspin-broke-story.shtml#c331 Wed, 8 May 2013 19:51:26 PDT http://www.techdirt.com/articles/20130508/11311423005/dr-phil-sues-deadspin-reporting-manti-teo-hoax-even-though-deadspin-broke-story.shtml#c331
You should be bothered by c) the most because nothing you've offered actually refutes anything Mike said. All you've offered is your profound and hollow belief that you are more knowledgeable and therefore right. Blech--people like you really piss me off.

I've been reading this blog for years and perhaps it is you that needs to do some reading so that you'd realize that Mike has not only a deep understanding of this material, but he demonstrates it over and over again with both references and facts.]]> http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c570 Wed, 1 May 2013 04:40:15 PDT http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c570
Instead of only reviewing when a case is file, what if the plaintiffs could not file in court until the review was complete?]]> http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c549 Wed, 1 May 2013 04:36:01 PDT http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c549
I realize your example covers groups that would never have the money to go to court in the first place though. One deterrent would be the fact that those groups also would not be a huge source of revenue either--the trolls would have to pursue many of them to make significant amounts of money and its likely one of them would challenge them in court.]]> http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c354 Tue, 30 Apr 2013 13:12:56 PDT http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c354 http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c332 Tue, 30 Apr 2013 12:41:36 PDT http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c332
This all assumes that the quality of the review would go WAY up.

There are other behaviors I think would occur:
- I think companies would file lots and lots of patents at least initially.
- I think some companies/individuals would probably ignore others' patents assuming they would not assert them (but this would be a good outcome if those patents were of the quality today)]]> http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c253 Tue, 30 Apr 2013 11:45:06 PDT http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c253 http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c25 Tue, 30 Apr 2013 10:00:51 PDT http://www.techdirt.com/blog/innovation/articles/20130429/07091522869/fascinating-bn-submission-why-patent-system-is-broken.shtml#c25
If the patent were strong and likely to stand up to scrutiny, it would be worth litigating over it. Otherwise, you take the chance that it is invalidated (and you pay fees). In the meantime, after submission, but before assertion and review, the patent is nothing more than a claim staked (similar to a scientific paper) for credit.]]> http://www.techdirt.com/articles/20130408/08031822622/when-is-image-manipulated-enough-to-become-original-creation.shtml#c460 Tue, 16 Apr 2013 04:42:25 PDT http://www.techdirt.com/articles/20130408/08031822622/when-is-image-manipulated-enough-to-become-original-creation.shtml#c460 http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c681 Wed, 10 Apr 2013 07:26:22 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c681 http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c660 Wed, 10 Apr 2013 06:46:05 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c660
It is relevant only in determining intent and knowledge. That's what the courts have held and you know it.]]> http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c656 Wed, 10 Apr 2013 06:44:38 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c656
AJ, you of all people know that legal matters aren't true or not true--its what you can get a court or a jury to accept. That's the issue here.

So by definition he isn't lying. The question is whether or not what they did is an example of something two people could do and run a greater than normal risk of being prosecuted.

And exactly how is what he's doing any different than you or anyone else? Are you saying your arguments are not meant to manipulate? Really?]]> http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c643 Wed, 10 Apr 2013 06:41:12 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c643
1030 (A),(4) or (5)(C).

And then...
(2) the term]]> http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c579 Wed, 10 Apr 2013 06:13:45 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c579 http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c558 Wed, 10 Apr 2013 06:13:20 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c558
What Mike is pointing out is that the law is being abused and has the potential for abuse by using both real and speculative examples. You can dismiss them by saying a) they are outliers or b) fantasy, but I think that would be foolish. I don't think it is speculative to assert that as the government gains more of an ability to observe, control, or punish us our individual risk of government intervention in our lives goes up.

I for one, find those discussions very useful in forming my own opinions about these regulations. I'm sorry that you do not.]]> http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c532 Wed, 10 Apr 2013 06:05:13 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c532
Again, ad hom, no evidence, and worthless. This is why you have no credibility here. This is no different than anyone here calling you a stupid troll.]]> http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c477 Wed, 10 Apr 2013 05:41:04 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c477 a) Stephen Colbert for impersonating someone
b) President Clinton for CONDONING IT.

President Clinton had knowledge of the actions of Stephen Colbert (impersonating Clinton) via Twitter. And if the next thing you tell me is that having tacit knowledge of someone impersonating you along with your implied or explicit approval would not be something a prosecutor would use against you (if you were not Bill Clinton) or does not violate TOS then we have nothing more to say because you live in a world of complete fantasy.]]> http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c410 Wed, 10 Apr 2013 05:25:19 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c410
The rest of the article adequately shows how the COLLABORATIVE actions of those two individuals could be seen as a violation:
a) Stephen Colbert for impersonating someone
b) President Clinton for CONDONING IT.

Also, I really shouldn't bother, but I'll say it anyway. Just because I don't agree with you does not mean I can't think critically, but I understand you'll saying it because it's important for you to believe that no one else understands things except you.]]> http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c351 Wed, 10 Apr 2013 05:17:58 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c351
Huh, since that is valid in either direction, I guess it is meaningless...]]> http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c300 Wed, 10 Apr 2013 05:10:17 PDT http://www.techdirt.com/articles/20130409/14053622647/law-should-never-be-secret-so-why-will-cispa-debate-be-secret.shtml#c300
See the difference? For example, when you say, "Mike accused the president," that is an accusation of Mike. If you had said, "Did Mike accuse the president of violating the CFAA?" we would be able to start a reasoned discussion of how his approach to the topic was or was not an accusation.

I don't know how else to explain it other than I think the majority of people reading the article understand that it is a discussion about how a meaningless public interaction could run afoul of the law. I believe a very small minority would interpret it the way you do, because to do so requires completely ignoring the context and intent of the forum in which it appears. I suppose you'll use the same thing (forum context and intent) to explain your view, but I would submit that maybe you should consider that it is your own personal context that is preventing you from understanding what is presented here.

Personally, I walked away from the article thinking that it was a good example of how any of us could violate laws such as that by doing everyday things.]]>