nospacesorspecialcharacters 's Techdirt Comments

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  • On the post: YouTube Stars Fighting YouTube Networks Over Their Contracts

    nospacesorspecialcharacters ( profile ), 29 Jan, 2013 @ 07:24am

    Re: Re: Re: Re: Re: Re: Re:

    It's not just the little guy who fears going to court... sometimes big corporations are aware that one judgement could potentially end a business model - they also have something to lose. You just have to be ballsy enough to call them on it.

    Speaking for the UK in particular, there are a lot of industries whose business models depend on unlawful methods. They operate on the basis that most people fear going to court (even as plaintiff) and therefore so few challenge their claims.

    If only 1 or 2 out of every 10 "customers" are willing to challenge them, it's still more profitable to drop their claims, than to risk a judgement that prevents from collecting from the other 8 cowards.

  • On the post: YouTube Stars Fighting YouTube Networks Over Their Contracts

    nospacesorspecialcharacters ( profile ), 29 Jan, 2013 @ 07:18am

    Re: Re: Re: Re: Re: Re:

    I would self fund, but keep record of bills and costs for my time - I would also bill myself per hour of time spent on the case.

    The point that some seem to be missing is they are actually stipulating they own your life and any future earnings from creative works.

    It's not simply a one-time patent troll that can be settled with to go away... therefore it's worth fighting for - because going bankrupt from losing a case (which you are highly unlikely to lose) - is worth it if they already consider you a contractual slave.

    In my case it's not just hypothetical - I have done this before on numerous occasions with banks, gyms, ebay, council, police... I'm not afraid of taking on legal challenges myself and have won enough times to make it worthwhile.

    I understand that people fear the idea of courts and costs but if everyone just invested some time and cost to fight back against such injustice then the courts would be swamped and lawmakers might have to sit up and take notice.

  • On the post: YouTube Stars Fighting YouTube Networks Over Their Contracts

    nospacesorspecialcharacters ( profile ), 29 Jan, 2013 @ 04:21am

    Re: Re: Re: Re:

    Personally, I would consider such contract null and void - I would pay a solicitor or lawyer to write one letter to Machinima or any predatory company with a missive that simply states upon learning the contract was unlawful, I no longer consider myself bound to it.

    I would then go about my business / life. If the predatory company attempted to DMCA any of my content - I would use legal avenues available to me to have it reinstated and claim my copyrights on my own material. Furthermore, I would issue DMCA requests against every video featuring me that the company has posted on the web.

    Finally, if they wanted to take any of it to court, I'd welcome the opportunity and defend myself. A rational judge or magistrate would not need much to see the contract as unlawful.

    All the time this would be generating such negative publicity for the company - they'd most likely lose their userbase, and at that point start losing their ability to make any profit whatsoever.

    I'd be quite willing to be a test-case/martyr for the cause since I don't see it as a battle that could be lost.

  • On the post: YouTube Stars Fighting YouTube Networks Over Their Contracts

    nospacesorspecialcharacters ( profile ), 29 Jan, 2013 @ 01:14am

    Re: Re:

    Absolutely.

    In the UK there is the Unfair Contract Terms Act 1977 which specifically states in Section 13:

    13 Varieties of exemption clause.
    (1)To the extent that this Part of this Act prevents the exclusion or restriction of any liability it also prevents?
    (a)making the liability or its enforcement subject to restrictive or onerous conditions;

    http://www.legislation.gov.uk/ukpga/1977/50


    Do the US and Canada have something similar to this? If not perhaps people need to ask for it.

    Anyway some contracts just can't be considered legal no matter what the terms.

    If I hired a hitman, for example, and he didn't fulfill his part of the contract by taking out the target - would I be able to sue for breach of contract? Well I can tell you in the UK the case is a resounding "No" - In the US, I'll wait till I hear an expert in American law tell it...

  • On the post: 10 Years Later: Antigua May Finally (Really) Set Up Official 'Pirate' Site To Get Back What US Owes In Sanctions

    nospacesorspecialcharacters ( profile ), 25 Jan, 2013 @ 04:41am

    $21m

    In late 2007, the WTO finally said that this plan of retaliatory copyright infringement could go forward in Antigua, but limited to just $21 million worth of infringement.


    So that's up to 9000 music tracks then according to the 8th circuit court?

    That's Hasil Adkins discography covered then.

  • On the post: TechCrunch Admits That Using Facebook Comments Drove Away Most Of Their Commenters

    nospacesorspecialcharacters ( profile ), 25 Jan, 2013 @ 01:40am

    It's not all about anonymity

    It's not just removing anonymity that is the problem - it's the fact that like many tech sites, I'd bet most of their commenters read and comment from work.

    That means facebook, twitter, g+ and a whole raft of social services are blocked - you can't actually sign in to post.

    Heck I use noscript to avoid hitting the corporate firewall logs too much so I don't even get to read comments from social accounts.

  • On the post: Carmen Ortiz Refuses To Reflect; Insists Her Office Will Do Everything The Same As Before

    nospacesorspecialcharacters ( profile ), 22 Jan, 2013 @ 07:53am

    Re: Re: Re: Re: Re: Re: Background

    Guys please just stop. The whole Republican Democrat argument is a waste of time. Lets just agree they are both crap, and dont really represent the people anymore.


    Here, here!

    Were you not present during the Bush administration?


    facepalm alright, carry on...

  • On the post: Court Limits Bradley Manning's Ability To Use Whistleblower Defense

    nospacesorspecialcharacters ( profile ), 18 Jan, 2013 @ 01:24am

    Re:

    Oh piss off, Eagleland.

  • On the post: Carmen Ortiz Releases Totally Bogus Statement Concerning The Aaron Swartz Prosecution

    nospacesorspecialcharacters ( profile ), 17 Jan, 2013 @ 08:11am

    Re:

    Oh hello, Tom, welcome to Techdirt. Must be difficult finding avenues to vent since you deleted your Twitter account!

  • On the post: 'Quantum Copyright:' At What Point Does A Legal Copy Become Infringement?

    nospacesorspecialcharacters ( profile ), 17 Jan, 2013 @ 05:03am

    Re: Re:

    I believe I can 1-up you even further.

    I travel a lot for work - I use my laptop and start a BT download in the UK, through a Swiss VPN, but then pause it half way through, travel to Singapore, continue the download on the Hotel's wifi - but this time pointing my VPN through Sweden.

    When I started the download it was 1% Brazil; 0,7% Bulgaria; 0,3% Italy, 36% US; 12% Australia; 21% UK.

    In Singapore it's 5% Italy; 19% Canada; 22% Portugal; 23% China; 31% Australia.

    Discuss.

  • On the post: Wallet Maker Shows Everyone How To Make Their Own Awesome Wallet

    nospacesorspecialcharacters ( profile ), 17 Jan, 2013 @ 01:10am

    Easily could take it a step further...

    If they sold the leather, pre-marked, or with instructions they'd probably find people willing to purchase kits.

    Many manufacturers have been successful in this regard, Ikea is the one large example I can think of - Kath Kidstone which my wife goes nuts for... there are others but I can't think of them right now.

  • On the post: Rep. Zoe Lofgren Plans To Introduce 'Aaron's Law' To Stop Bogus Prosecutions Under The CFAA

    nospacesorspecialcharacters ( profile ), 16 Jan, 2013 @ 08:21am

    Contract Law

    There's no reason that contract law couldn't net people like Lori Drew and free people like Aaron Swartz.

    If they just amended contract law to allow 3rd parties harmed by a violation of T&C's to seek restitution.

    E.g. Lori Drew wouldn't be jailed, but could be sued by the girls parents; meanwhile JSTOR and MIT decide not to press charges.

    Maybe US contract law is already set up like this, I have little experience of it, but if that's the case then this small amendment is all that's needed.

    The cynical side of me says that once congress has gone through this amendment it's going to say something like,

    "A violation of an agreement or contractual obligation regarding Internet or computer use, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or employer is not in itself a violation of this section. Unless terrorism. Or piracy."

    Then they'll just re-badge hackers as terrorists. In the UK they do this a lot with photographers and protestors.

  • On the post: A Fitting Tribute For Aaron Swartz: Researchers Post Free PDFs Of Their Research Online

    nospacesorspecialcharacters ( profile ), 15 Jan, 2013 @ 04:07am

    Re: Re: White House Petitions

    Seconded... let's hope Swartz's death brings something good out of this.

    As much as we know e-petitions are complete - as Watson would say - bullshit, Ortiz must know that petition exists now, and the case has been brought to the attention of the highest office. They will and should be watching this development and rethinking their strategy.

  • On the post: A Fitting Tribute For Aaron Swartz: Researchers Post Free PDFs Of Their Research Online

    nospacesorspecialcharacters ( profile ), 15 Jan, 2013 @ 02:28am

    Re: Re: That's a lot of separate links to click!

    http://gifs.gifbin.com/op4q43opg69.gif

    =)

  • On the post: A Fitting Tribute For Aaron Swartz: Researchers Post Free PDFs Of Their Research Online

    nospacesorspecialcharacters ( profile ), 15 Jan, 2013 @ 12:57am

    That's a lot of separate links to click!

    Someone should write a Python script that loops through and downloads them all in one go...

  • On the post: Some Thoughts On Aaron Swartz

    nospacesorspecialcharacters ( profile ), 14 Jan, 2013 @ 07:40am

    Re: Re: Tinfoil hat time - who talked to the Feds?

    And from that same article:

    MIT, the other party that Swartz allegedly wronged, was slower to react. The university eventually took a neutral stance on the prosecution, Peters said. But he said MIT got federal law enforcement authorities involved in the case early and began releasing information to them voluntarily, without being issued a subpoena that would have forced it to do so.


    Not unlike how some ISP's will turn over user data to anyone who asks without a subpoena.

    This really needs to stop. The whole point of having court orders is to protect you from excessive actions of rogue law enforcement. It is a right to refuse such a request until a warrant of some kind is presented.

    If MIT started providing information to the Feds voluntarily - then this should not be considered a neutral stance.

  • On the post: Some Thoughts On Aaron Swartz

    nospacesorspecialcharacters ( profile ), 14 Jan, 2013 @ 01:58am

    You fight back by living long and living well

    Excerpt from Cory Doctorow's post:

    Because whatever problems Aaron was facing, killing himself didn't solve them. Whatever problems Aaron was facing, they will go unsolved forever. If he was lonely, he will never again be embraced by his friends. If he was despairing of the fight, he will never again rally his comrades with brilliant strategies and leadership. If he was sorrowing, he will never again be lifted from it.
    http://boingboing.net/2013/01/12/rip-aaron-swartz.html


    The tragedy here is compounded not just by this young man's unfortunate decision, but by the loss of potential and what he stood for.

    I do not know the origin of this quote but I've heard it said "The best form of revenge is to live well." I think in this case it could be adapted to "The best way to defeat your enemies is to outlive them."

    If he'd held on for long enough, those persecuting him would grow old and die... Aaron's generation is a generation of sharing culture. His best years were yet to come... even in the unlikely event he would have done prison time. His generation will be kinder to people like him, they will even grant pardons and anoint them as leaders.

    How many former terrorists, agitators, protestors and "felons" do we know who have gone on to become leaders and presidents after release from prison under political charges. Nelson Mandela, Gandhi, Benazir Bhutto to name just a few. He inspired thousands, but he could have inspired millions.

    If copyright reformers want to use his tragic death for the purposes of reform - I say they should - they should milk it for what it's worth. At this point in time if it was my death I don't think many would use it for such a purpose but if they did I'd be honoured.

    I have a close relative who has attempted to commit suicide twice. Both times they have regretted it afterwords. Depression plays a big part, but they have also experienced some tragic circumstances and loss in their lives - circumstances that have led to this depression and sense of hopelessness.

    It's worthwhile considering that most of us would be pretty depressed if we were facing such heavy persecution. You only need a temporary - but intense - bout of hopelessness and self-deprecation to push you over the edge.

  • On the post: Details Of Various Six Strikes Plans Revealed; May Create Serious Problems For Free WiFi

    nospacesorspecialcharacters ( profile ), 12 Jan, 2013 @ 06:36am

    Re: Re:

    Actually you are correct, laws that cannot practically be enforced bring the whole of the law into disrepute and therefore authorities should consider carefully what they intend to outlaw.

    For example, if the government decided to outlaw wearing denim tomorrow, it would be petty much impossible to enforce... We're not just talking about the denim revolutionaries either, we're talking about millions of people who wouldn't even realise there's a new law in force!

    So very bad laws get ignored, because its just not possible to enforce laws against things people take for granted. Therefore, in order to ensure people respect the whole of the law, its important to make sure that cancerous laws don't spread and cause people to question obeying any law at all.

    But that was probably not the point you intended to make.

  • On the post: Contractors Lining Up Against Free Speech

    nospacesorspecialcharacters ( profile ), 11 Jan, 2013 @ 02:23am

    Re: Re: Re: Re: Contractor

    You really deserve a lightbulb for this post! It's not about who's right/wrong - it's about meeting a level of satisfaction - for both parties.

  • On the post: Contractors Lining Up Against Free Speech

    nospacesorspecialcharacters ( profile ), 11 Jan, 2013 @ 02:20am

    Re: Re: Re: Re: Contractor

    The OP began "My father was a general contractor for years..." which implied it was years ago, possible pre-internet/home PC.

    So painting half the wall would have been the best you can do.

    Anyway the clue here was demonstrating people skills and forethought - which doesn't require a specific tool.

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