You know, I think I realized where the support for secondary liability comes from. It comes from the general belief that when you're in charge of something, you are responsible for the actions of your subordinates.
Well, also two other factors:
1. Laziness. It's so much EASIER to go after the big intermediary than deal with those actually responsible.
2. Money. The intermediaries often have a lot of it.
Hence the reason we often refer to these things as "Steve Dallas" lawsuits from this old comic:
Is anything very terrible actually going to happen if the Romanian government just refuses to pay up? It might hurt their credit rating, but unless this Gabriel Resources outfit somehow persuade the Canadian government to invade Romania (and I don't think even the Canadian Tories are that 'pro-business') I don't really see a way of enforcing the suit.
There are lots of other ways to enforce this. If Romania doesn't pay up, then they can start to issue painful trade sanctions against the country via the WTO. That could include anything from terrible tarriffs to import/export restrictions that effectively starve Romania of revenue until the amount is "paid off."
Often this is done in totally unrelated businesses to get people angry enough to just pay up the bill. So... Romania is a big exporter of machinery and equipment, and you could see other countries putting a big tariff on that, in order to get Romanian manufacturers to protest to their government.
Where exactly do you see violation of quoted statue?
It says you're a criminal if you "transfer, publish, distribute, circulate, disseminate, present, exhibit" "a photograph" "of another person whose intimate parts are exposed or who is engaged in an act of sexual contact, when the actor knows or should have known that the person depicted did not consent to such" when the person has not consented to that specific move to "transfer, publish, distribute, circulate, disseminate, present, exhibit" that photograph.
So, yes, that's where people violated the statute. Did you not read it?
I'll use this comment to thank Techdirt for this. Probably the average Joe like me and many other readers wouldn't be able to pull such brief due to lack of time, lack of knowledge or simply lack of writing skills. It is good to see that somebody - and in my case somebody I 'donate' my money to because I like their work - is there helping with such an important cause.
So let's see MIke Masnick discuss Google's market share.
Ok. I worry that Google has too much power, though it does seem that there is growing competition in all important areas -- and little to no lock-in. Android is a little scarier than elsewhere since there's slightly more lock-in, and I wish that Google was much more open with Android.
And see him demand that Google release their patents into the public domain.
I am struck by the alacrity with which Prof. Nimmer's opinion is swatted away here as a misguided trifle.
Prof. Nimmer has increasingly been making odd claims about copyright law that seem much closer to a certain party's best interests than what the law and Congress has actually said. This has been going on for some time, but is most obviously noted in situations like the following:
Over the last few years, I find that nearly every time Prof. Nimmer's opinion is brought up, it's him reinterpreting copyright law in strange, and sometimes dangerous, ways. I think he's doing a great disservice to the reputation of his father.
We are worried about a whole bunch of companies copying our ideas. We are just now starting sales; and in fact have resisted shipping product until it was ready for prime-time;
Which says to me you have no clue whatsoever how your product will do in the real world. That's the problem with people who overvalue ideas over execution. They think that you need to focus on perfection, without realizing that the best way to innovate is to let the market actually respond to your product.
Either way I'll note you still haven't named your company.
I call bullshit on your story.
Yes, we like patent enforcement companies because they might be our only path to revenue if we fail in the marketplace.
So you admit that even if no one likes your product you're cool with killing those who actually successfully innovate. That's sick.
our review indicates that we are not infringing.
Yeah, same with basically every company out there... and then as soon as they do something successful they get hit with infringement claims. We'll see how much you like patent trolling *if* you ever actually build a product that people want (which seems doubtful from everything you've said so far).
You sure post a lot of links to pro-troll propaganda, but never once say what your actual company is. Gee... I wonder why.
Anyway, having quite a bit of familiarity with the speech recognition space, and knowing that it's a giant patent thicket, if you're actually doing something innovative, I can assure you that you're going to get sued by Nuance or some others in the space who have it locked up with patents already.
Anyway, as we've pointed out many times, ideas are meaningless. It's all about execution. If you can't execute, you're fucked. Meanwhile, Google has tried copying lots of others' ideas and often failed because they're not good at executing. Look at the failures of Wave, Reader, Knol and many other Google projects. If you're too worried about Google you're probably not executing very well.
That's what you say. Someone with a bit more knowledge said otherwise in testimony before Congress.
Kappos has been hired to work for the group I mentioned in the article above, to fight against meaningful patent reform. He's not exactly an unbiased party.
Frankly, the customer exception is so weakly written as to be almost useless. It should be strengthened, not done away with. As it stands, the stay only happens if a company sues *both* customers and upstream. And this is eminently reasonable (except, of course, if you're abusing the system). The concept of patent exhaustion does matter, you know. I recognize that patent trolls hate it, but that's because they want to double, triple and quadruple dip.
Aha. So let's do fee shifting across the board. Eliminate bogus ADA, employment discrimination, personal injury, and landlord tenant cases. There's litigation abuse everywhere, and it's a feature of the American system. Sure, access to justice may be reduced, but we'll get rid of bogus cases.
Other countries actually have had success with fee shifting in helping get rid of bogus cases. That you seem unaware of this says something. Not something good, mind you.
Many startups are working on real technology rather than the latest inane game or teen fad, and they absolutely are worried about protecting their technology. The self-righteous ignorance in this debate is staggering.
I don't deal with startups working on "inane games or teen fads." Nearly all are doing what I would consider "real technology." None are worried about "protecting" innovation. They know they can win in the market, so what's to protect? You call me ignorant based on your own ignorance.
I had started to wonder why Techdirt does not automatically block duplicate comments (like the half-dozen posted above) then I noticed that they differ by one character.
Damn that's sneaky.
It's the first spambot attack I've seen here, which is quite remarkable for a completely unrestricted "open comments" site. Other 'guest posting allowed' sites I've dealt with have had rather onerous filtering mechanisms set up, and despite that, plenty of spam-bots still got through.
We've put a fairly strong effort behind our spam fighting -- but one with a focus on allowing most comments. We still get somewhere around ~1000 spam comments per day, but on a good day, less than 5 will get through. I won't say much about how we fight it, so as not to reveal any hints for the spammers, but it involves a variety of different approaches all working together. It's not perfect -- and generally about 5 legitimate comments also end up being held for review, but we try to be pretty quick to release those. Thankfully, our system is set up in a manner that makes it easier to spot the legit comments that are held (w/o revealing much -- certain types of spam are so obviously spam they can be routed to a different review queue, whereas only a small number are in the question mark category -- which is where all "false positive" comments end up.
Like anything else, it's always a delicate balance between freedom(anarchy) and order(oppression) but I've got to say that Techdirt seems to handle it remarkably well. I've not had a single comment deleted here (that I'm aware of) -- and yet, this place is not overrun with spammers (and trolls) as many lightly or unmoderated sites tend to be.
The only comments we'll delete are the obvious spam attacks like the one above. But, as I said, those are pretty rare to get through.
Anyway, I've just cleared out that spam attack. Sorry about that.
The abusive litigation problem is a smokescreen for an effort by some very big companies (Google, Samsung, and others) to weaken the patent system
No, it's an effort to fix a very broken patent system.
Take fee shifting for example. If that passes, which startup will be able to prevent a big company from completely ripping off its technology?
I would imagine many, assuming they have a legitimate case. Fee shifting only happens in bogus cases.
Or the customer exception. Samsung will point to Foxconn, Foxconn will point to TSMC, TSMC will point to ten different companies, and the innovator will have no one to go after. It will be open season on American innovation.
Hahahah. That's simply untrue. The customer exception is pretty clearly defined and what you describe simple would not be enabled under the program.
Stop pulling your talking points from Intellectual Ventures lobbyists, because it just looks silly.
So before you mindlessly repeat inanities, ask yourself this: what does the measure do to a start-up's ability to protect its innovation?
I work with startups on a daily basis. None (and I do mean none) are worried about "protecting" their innovation. They're ALL worried about getting sued by patent trolls for their innovation. They worry about user adoption, but they're confident that if someone else "copies" them, that they're better positioned to out innovate the copycat.
The labels themselves admit that 90% of artists they sign never see a dime in royalties. Pointing to the few successful artists at the top (Madonna, Maroon 5) means nothing. The vast majority of artists signed to labels never see a dime in royalties.
And what do you mean by more artists are getting paid for creating more music today than ever before in history? What does getting paid mean? The busker on the street gets paid for his music too, but can he survive on that?
I mean exactly what I said. And, yes, you're correct that the busker may not be able to survive on what he makes, but that was true before the internet as well. Nothing has changed on that front -- other than that the really good busker can build a wider audience now.
Which artiste today, not signed by the labels, is making as much money as, oh say, Maroon 5?
Complete red herring. I could easily point to plenty of artists that make more than the *average* artist signed to a label today. Holding up Maroon 5 is pointless.
I'm pretty sure the labels are no angels, but you're suggesting that they didn't play any part in promoting artistes. That's what I find rather ridiculous on every level.
Musicians deserve to be compensated for their music. Pirating is the reason they aren't making money from their music.
This is ridiculous on almost every level. No one deserves to be compensated for merely deciding to put in effort. What if the music sucks? You get compensated by convincing someone to pay for your works. If you can't do that, you don't get compensated.
As for the reason many artists aren't making money -- it has nothing to do with piracy. The history of the recorded music business is full of stories of artists who can't make money, starting long before piracy was a thing. It's simply tough to make money as a musician.
And, in fact, artists who *DO* make money often don't make money from selling music in the first place (many on major label deals never see a dime from selling their music), but through alternative means, such as touring and licensing.
Finally, today, thanks to direct to fan support and other online tools, there are dozens of new ways to earn revenue that have nothing to do with piracy.
These bullshit arguments about musicians not being able to make money were common a decade ago. It's ridiculous to argue it's still true today. More artists are getting paid for creating more music today than *EVER* before in history.