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<title>Techdirt. Stories about &quot;mastercard&quot;</title>
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<image><title>Techdirt. Stories about &quot;mastercard&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Tue, 19 Feb 2013 07:19:03 PST</pubDate>
<title>Google Looks To Cut 'Funding' To 'Illegal' Sites It Doesn't Fund In The First Place</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130218/14412622019/google-looks-to-cut-funding-to-illegal-sites-it-doesnt-fund-first-place.shtml</link>
<guid>http://www.techdirt.com/articles/20130218/14412622019/google-looks-to-cut-funding-to-illegal-sites-it-doesnt-fund-first-place.shtml</guid>
<description><![CDATA[ A few folks have pointed us to this odd article at the UK's Telegraph, in which it claims that Google is <a href="http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/9875339/Google-looks-to-cut-funds-to-illegal-sites.html" target="_blank">"in discussions with payment companies"</a> to stop funding to "illegal download websites."  There are a bunch of problems with this, with the first one being, huh?  It's not clear what Google has to do with any of this.  The article claims that Google is talking to Visa, Mastercard and PayPal, but why should that be any of Google's concern in the first place.  All three of those payment providers are already quite well known for cutting off payments to sites they don't like, including sites accused of being involved in copyright infringement.  So what good would further discussions do?
<br /><br />
And, of course, really this sounds exactly like Google's response to SOPA.  When quizzed about what should be done, Google supported what was called the "follow the money" approach, which was all about getting companies, like Visa, Mastercard and Paypal, to cut off funding to sites deemed to be "illegal."  And, that was a component of SOPA -- which Google had hinted would be acceptable (which is yet another point that disproves the whole "SOPA only died because of Google" narrative, since Google would have been perfectly fine with a bill that was just "follow the money.")
<br /><br />
If it's true that Google is looking to partner up with these payment processors under some sort of "voluntary" agreement, that's still confusing (what is Google's role here again?), but also quite troubling.  The problem, as always, is how do you define "illegal" or sites "dedicated to copyright infringement."  Once again, nearly every important technological breakthrough that later became a central piece to how we distribute, promote, consume and monetize content was initially decried for its "infringing" uses.  The radio, cable TV, the VCR, the MP3 player, the DVR, YouTube and much much more were all declared "dedicated to infringing uses" by the industry who sought to make them all illegal.  Imagine where YouTube would be if such a rule was in place, and their ability to make any revenue was completely barred by such a "voluntary" agreement?  Imagine where the VCR would be if no one could sell them since payment processors would refuse to process them?
<br /><br />
If this move goes through, it won't be good for the entertainment companies, though it could be good for Google, since it would effectively lock in players like YouTube, and really limit the ability of anyone else to jump into that market.  The bizarre part is, of course, that this would be a result of the entertainment industry really pushing Google to do this sort of thing, even though it clearly works to their disadvantage.  The end result would be fewer platforms and less competition in the space, giving the few dominant players today much more leverage.
<br /><br />
Even so, such a move would still likely come back to bite Google too, because Google benefits from others pushing the innovation envelope as well, creating new markets and services that are good for Google.  Cutting off innovative startups by declaring them "illegal" is likely to kill a bunch of good ideas that would have helped the entertainment industry, while still doing nothing of any significance to actually stop infringement.
<br /><br />
Either way, if this report is accurate, like with Google <a href="https://www.techdirt.com/articles/20120810/10465419988/google-caves-to-hollywood-pressure-will-now-punish-sites-that-get-lots-valid-dmca-notices.shtml">caving</a> to Hollywood's demands over search rankings, it won't satisfy Hollywood (nothing will), it won't stop infringement, but it likely will make consumers worse off by killing off important innovations.  That's a shame.  Furthermore, it would be yet another example of SOPA happening anyway, despite the protests against the law.
<br /><br />
Hopefully the rumors (as confusing as they are) are just rumors and Google execs are smart enough not to bow down to such ridiculous pressure.<br /><br /><a href="http://www.techdirt.com/articles/20130218/14412622019/google-looks-to-cut-funding-to-illegal-sites-it-doesnt-fund-first-place.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130218/14412622019/google-looks-to-cut-funding-to-illegal-sites-it-doesnt-fund-first-place.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130218/14412622019/google-looks-to-cut-funding-to-illegal-sites-it-doesnt-fund-first-place.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>huh?</slash:department>
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<pubDate>Mon, 5 Mar 2012 08:21:18 PST</pubDate>
<title>Paypal Pressured To Play Morality Cop And Forces Smashwords To Censor Authors</title>
<dc:creator>Zachary Knight</dc:creator>
<link>http://www.techdirt.com/articles/20120301/17363217939/paypal-pressured-to-play-morality-cop-forces-smashwords-to-censor-authors.shtml</link>
<guid>http://www.techdirt.com/articles/20120301/17363217939/paypal-pressured-to-play-morality-cop-forces-smashwords-to-censor-authors.shtml</guid>
<description><![CDATA[ We have become quite accustomed to Paypal <a href="http://www.techdirt.com/articles/20100124/1846137886.shtml">arbitrarily</a> <a href="http://www.techdirt.com/articles/20101204/16050612129/paypal-latest-to-cut-off-wikileaks.shtml">deciding</a>&nbsp;to <a href="http://www.techdirt.com/articles/20111206/02515216987/paypal-acts-as-grinch-over-money-raised-charity-using-wrong-button-finally-bows-to-internet-pressure.shtml">shut</a> <a href="http://www.techdirt.com/articles/20111019/11202916417/paypal-freezes-diasporas-account.shtml">down</a> the payment services for a website with no warning and little recourse. Usually when it does so, it acts through its own volition. However, Paypal also has to deal with the whims of the credit card companies with which it is partnered. With that business arrangement, when a credit card company says to jump, Paypal must comply. When it does so, it effects all its own customers as well. Ebook publisher Smashwords reports that it has become one of the latest recipients of one such action. Under pressure from credit card providers, Paypal has put in place a policy that it would no longer process payments for ebooks that contained themes of rape, incest, beastiality and underage sexual content. It then decided <a href="https://www.smashwords.com/press/release/27" target="_blank">to give Smashwords less than a week to remove all books that fit those criteria</a>.
<blockquote>
<i>On Saturday, February 18, PayPal&rsquo;s enforcement division contacted Smashwords with an ultimatum. As with the other ebook retailers affected by this enforcement, PayPal gave us only a few days to achieve compliance otherwise they threatened to deactivate our PayPal services. I've had multiple conversations with PayPal over the last several days to better understand their requirements. Their team has been helpful, forthcoming and supportive of the Smashwords mission. I appreciate their willingness to engage in dialogue. Although they have tried their best to delineate their policies, gray areas remain.<br /><br /> Their hot buttons are bestiality, rape-for-titillation, incest and underage erotica. </i>
</blockquote>
This has put tremendous pressure on Smashwords to comply as it claims that it would be near impossible to change payment processors as Paypal is a major part in not only how it processes transactions but also how it pays its authors.&nbsp;So it has made several changes to its terms of service to account for the types of books that Paypal and its credit card partners are not happy about. Keep in mind, this is hard for Smashwords as it feels that authors of erotica are being unfairly targeted by this move.<blockquote> <i>We do not want to see PayPal clamp down further against erotica. We think our authors should be allowed to publish erotica. Erotica, despite the attacks it faces from moralists, is a category worthy of protection. Erotica allows readers to safely explore aspects of sexuality that they might never want to explore in the real world. <br /><br /> The moralists forget that we humans are all sexual creatures, and the biggest sex organ is the brain. If it were not the case, none of us would be here. Erotica authors are facing discrimination, plain and simple. Topics that are perfectly acceptable in mainstream fiction are verboten in erotica. That&rsquo;s not fair. </i>
</blockquote>
This is an unfortunate set back for Smashwords as well as for indie authors. While the government in the US is not able to censor speech in this manner, there is little preventing a private company like Paypal or its credit card partners from taking these actions. Yet, Smashwords is not giving up hope.&nbsp;<a href="https://www.smashwords.com/press/release/28" target="_blank">In its latest update</a>,&nbsp;Smashwords notes that it had managed to get the deadline extended as well as the definitions of prohibited content relaxed. It also wants to clarify that neither it nor Paypal are the real villians in this issue.
<blockquote>
<i>A lot of people have been attacking Smashwords for my decision to comply with PayPal's requirements. They're pointing their arrows at the wrong target, and they're not helping their cause. We're working to effect positive long term change for the entire Smashwords community, and that includes all our erotica authors and readers. <br /><br /> Over the weekend, many Smashwords authors and publishers demanded we abandon PayPal and find a new payment processor. It's not so simple, and it doesn't solve the greater problem hanging over everyone's head. PayPal is trying to implement the requirements of credit card companies, banks and credit unions. This is where it's all originating. These same requirements will eventually rain down upon every other payment processor. PayPal is trying to maintain their relationships with the credit card companies and banks, just as we want to maintain our relationship with PayPal. People who argue PayPal is the evil villain and we should drop them are missing the bigger picture. Should we give up on accepting credit cards forever? The answer is no. This goes beyond PayPal. Imagine the implications if credit card companies start going after the major ebook retailers who sell erotica?</i>
</blockquote>
Smashwords then continues by expressing its goal of pulling the credit card companies out into the open to discuss these issues. The behavior of the credit card companies shown here is exactly the type of behavior we advocated against when fighting SOPA/PIPA. Those bills would have given credit card processors the abiltity to kill payment services to companies alledged to be illegal. We warned that such behavior would result in additional harm as legal speech would be swept up along with the potentially illegal speech. Here we see just that. These credit card companies are using their position to censor speech -- some of which may violate obscenity laws, but much of which is likely perfectly legal, protected speech.  This is a no win situation for Smashwords. By complying, it must censor the speech of its authors. By not complying, it would lose the ability to serve all its authors. <br /><br /> Finally, Smashwords suggests a plan of action. It wants everyone to work together to put public pressure on the credit card companies in order to get them to change their stance. We saw how effective such efforts were with SOPA/PIPA. We managed to pressure <a href="http://www.techdirt.com/articles/20111227/11480517205/godaddy-officially-has-name-removed-judiciarys-list-sopa-supporters.shtml">Godaddy</a> and the <a href="http://www.techdirt.com/articles/20120120/14484017493/esa-tucks-its-tail-between-its-legs-pulls-sopa-support.shtml">ESA</a> to drop their support. We can do the same for these credit card companies and their policies that result in censorship.<br /><br /><a href="http://www.techdirt.com/articles/20120301/17363217939/paypal-pressured-to-play-morality-cop-forces-smashwords-to-censor-authors.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120301/17363217939/paypal-pressured-to-play-morality-cop-forces-smashwords-to-censor-authors.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120301/17363217939/paypal-pressured-to-play-morality-cop-forces-smashwords-to-censor-authors.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>censorship-is-obscene</slash:department>
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<pubDate>Wed, 16 Nov 2011 06:55:52 PST</pubDate>
<title>A Look At The Testimony Given At Today's SOPA Lovefest Congressional Hearings... With A Surprise From MasterCard</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111116/00035716786/look-testimony-given-todays-sopa-lovefest-congressional-hearings-with-surprise-mastercard.shtml</link>
<guid>http://www.techdirt.com/articles/20111116/00035716786/look-testimony-given-todays-sopa-lovefest-congressional-hearings-with-surprise-mastercard.shtml</guid>
<description><![CDATA[ We already know that today's SOPA hearings for the House Judiciary Committee are <a href="http://www.techdirt.com/articles/20111114/23145216770/house-judiciary-committee-sopa-hearings-stacked-5-to-1-favor-censoring-internet.shtml">totally stacked</a> in favor of the bill.  But with the hearings getting underway, we wanted to dive in and look at what's about to be said.  Most of the testimony leaked out yesterday, allowing us to spend some time going through it -- it's all embedded below.  However, here's a taste of what's going to be said... with some additional commentary (of course).
<br /><br />
First up, the most troubling of all: Maria Pallante, the Register of Copyrights (aka, Head of the US Copyright Office).  She <i>should</i> be here to defend <i>the public</i> and to make sure that massive regulatory capture by a couple of stagnant industries doesn't happen.  But, that's not how the Copyright Office rolls.  Instead, her testimony is basically the US Chamber of Commerce's key talking points (perhaps not a surprise, since the main lobbyist at the US Chamber who's in charge of shepherding this bill into law only recently <a href="http://www.techdirt.com/articles/20100707/16572710115.shtml">worked at the US Copyright Office</a>).  If you had hoped for some reasoned argument about pushing back on the massive excesses of SOPA and the broad definitions, you're not going to get it from Pallante.
<blockquote><i>
It is my view that if Congress does not continue to provide serious responses to online piracy, the U.S. copyright system will ultimately fail. The premise of copyright law is that the author of a creative work owns and can license to others certain exclusive rights &ndash; a premise that has served the nation well since 1790. Congress has repeatedly acted to improve enforcement provisions in copyright law over the years, including in the online environment. SOPA is the next step in ensuring that our law keeps pace with infringers....
<br /><br />
[....]
<br /><br />
The response provided by SOPA is serious and comprehensive. It requires all key members of the online ecosystem, including service providers, search engines, payment processors, and advertising networks, to play a role in protecting copyright interests &ndash; an approach I endorse. Combating online infringement requires focus and commitment. It should be obvious that we cannot have intermediaries working at cross-purposes.
</i></blockquote>
In other words, the successful tech industry should be hindered and shackled because my friends in Hollywood are too clueless to adjust their business models.  Really?
<blockquote><i>
SOPA is also measured. It appropriately provides much broader tools and flexibility to the Attorney General than it provides to copyright owners. This is a sound policy choice at this time. The Department of Justice has experience fighting online infringers, will use resources carefully, must exercise prosecutorial discretion in bringing actions, and must plead its case to the court and obtain a court-issued order before proceeding. Put another way, while the copyright industries are extremely important (and certainly a point of pride with respect to the U.S. economy), SOPA recognizes that many sectors rely on, invest in, and contribute to the success of the Internet.
</i></blockquote>
Almost none of that is accurate.  It is not measured.  It is vague, broad and dangerous.  The Justice Department's "experience" going after infringers has been to take down websites with no notice based on false info from copyright holders... and then to threaten those who seek to appeal with criminal charges.  This is not "using resources carefully," it's government sponsored censorship.
<blockquote><i>
It is for this reason that SOPA puts only limited tools in the hands of copyright owners, and provides the Attorney General with the sole authority to seek orders against search engines and Internet service providers. This is not to say that we should not continue to assess Internet piracy and the impact of SOPA or whether additional measures or adjustments may be needed. Indeed, SOPA assigns ongoing studies to the Copyright Office and the Intellectual Property Enforcement Coordinator for these very purposes. But I do think SOPA provides the right calibration at this time.
</i></blockquote>
First off, the "limited tools" include the ability to completely cut off funding to any website based solely on accusations.  Perhaps I learned a different language from Pallante, but that's hardly "limited."
<br /><br />
Furthermore, how the hell can she say that this is "the right calibration," when even she admits this issue has not been studied yet?  The bill is completely "shoot first, measure later," with no details on how it's effectiveness -- or harmfulness -- will be measured.
<blockquote><i>
As with any legislation, SOPA deserves and can only benefit from a robust discussion. As the Committee works to further improve and refine the bill, I know it will fully consider a variety of perspectives and suggestions, including from my fellow witnesses. This said, I believe that Congress has a responsibility to protect the exclusive rights of copyright owners, and I urge the Committee to move forward with this in mind.
</i></blockquote>
Yes, a robust discussion that leaves out nearly everyone opposed to the bill, and only allows a single party -- one easily dismissed -- to speak about concerns on the bill.  A robust discussion that leaves out public interest groups, despite Copyright's entire purpose being for the benefit of the public.  This is a shameful bit of testimony from the Head of the Copyright Office, and one that guarantees her a tarnished legacy in her role.
<br /><br />
From there, she goes on to defend the US blacklist of sites the Attorney General decides are dedicated to infringement by (1) repeating the US Chamber's debunked talking points, (2) praising ICE's highly questionable domain seizures, which are currently being litigated (a fact she conveniently ignores) and (3) quoting (of course) Floyd Abrams, leaving out that he was paid by the MPAA to give that opinion.  Even worse, she quotes the really questionable part of his claim:
<blockquote><i>
It also bears repeating that injunctions are not at odds with the First Amendment. As noted First Amendment scholar Floyd Abrams has observed, they are "a longstanding, constitutionally sanctioned way to remedy and prevent copyright violations."
</i></blockquote>
This is true, but <b>highly</b> misleading.  Injunctions are allowed <i>against those infringing</i>.  But that's not what SOPA is about.  SOPA is about issuing injunctions on innocent third parties.  That's what we're concerned about.  And for Pallante to ignore that point is really unfortunate.
<br /><br />
She then goes on to defend the private right of action to kill off websites based on a single accusation.  She claims, laughably, that because the private right of action only leads to injunctions, rather than monetary rewards, there's little incentive to abuse.  Wait.  Is Ms. Pallante totally ignorant of the past decade plus of the DMCA?  The DMCA takedown process also is basically about blocking content and not about monetary relief, and yet it's <i>widely</i> abused, with some estimates suggesting that over 30% of DMCA takedowns are questionable.  The problem with SOPA (totally ignored again) is that unlike the DMCA -- which targets the specific content -- SOPA will kill off entire sites.
<br /><br />
Even more stunning: rather than suggesting that such abuses may come from copyright holders sending bogus takedowns, she worries instead that payment processors and ad networks may ignore such takedowns -- and hints that if anything, the bill may need refinement on that front.  Whoa.  It's like an alternative universe where everything is mirrored.  Again, we know what happens.  We have the less draconian DMCA already and see how widely it's abused.  And we see that those who receive takedowns generally abide by them.  
<br /><br />
Speaking of the DMCA, she pretends -- totally against the text of the actual bill -- that nothing in SOPA will impact the DMCA.  This is hilarious.  Why would anyone use the DMCA to take down a specific piece of content when they can now kill off an entire site using SOPA?  Amusingly, she points to the fact that payment providers and ad networks face no monetary liability under SOPA... but ignores that just two paragraphs above, she was hinting that perhaps the law should be changed to include such liability to make sure they comply.  This is the ultimate in cynical, obnoxious politics.  Put in that one clause that makes you able to pretend something is reasonable (no monetary punishment!) and then be ready to remove that the second the bill is in place.
<br /><br />
Finally, she talks about how "pleased" she is that SOPA turns streaming into a felony.  Apparently Pallante would prefer people no longer stream videos any more.  Has she even used the internet?  Amusingly, she cites YouTube as an example of a legal source for streaming... ignoring the fact that under SOPA,  YouTube likely wouldn't have even existed.  It's as if she doesn't even understand the bill she's supporting and what it will do to the technology world. 
<br /><br />
And people wonder why so many Americans think copyright law is a joke?  Perhaps they should look at the Copyright boss.
<br /><br />
Next, we've got MPAA VP Michael O'Leary.  His testimony is really worthy of having been written in Hollywood, seeing as it kicks off with a tearjerker of a story about the poor, poor stunt coordinator, "who depends on the residual payments he earns to help support his wife and three children between productions."  Of course, the rest of the world doesn't get to sit back and get a check for work they did in the past, but actually has to keep working to support their families.  Of course, how much do random key grips, stunt coordinators and boom mic operators (the favorites for these multi-millionaires to exploit in this kind of way) really make from residuals?  It's a lot less than these kinds of testimonies suggest.
<br /><br />
O'Leary continues to pull at heart strings, by trying to rope all sorts of other businesses into the movie and TV industry including (I'm not joking) the dry cleaners that serve the cast and crew on location.  Apparently, without movies, dry cleaners go out of business.  Think of the poor dry cleaners!<br /><br /><a href="http://www.techdirt.com/articles/20111116/00035716786/look-testimony-given-todays-sopa-lovefest-congressional-hearings-with-surprise-mastercard.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111116/00035716786/look-testimony-given-todays-sopa-lovefest-congressional-hearings-with-surprise-mastercard.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111116/00035716786/look-testimony-given-todays-sopa-lovefest-congressional-hearings-with-surprise-mastercard.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>they-said-what-now?</slash:department>
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<pubDate>Tue, 15 Nov 2011 05:51:43 PST</pubDate>
<title>House Judiciary Committee SOPA Hearings Stacked 5 To 1 In Favor Of Censoring The Internet</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111114/23145216770/house-judiciary-committee-sopa-hearings-stacked-5-to-1-favor-censoring-internet.shtml</link>
<guid>http://www.techdirt.com/articles/20111114/23145216770/house-judiciary-committee-sopa-hearings-stacked-5-to-1-favor-censoring-internet.shtml</guid>
<description><![CDATA[ Apparently the folks behind SOPA are <i>really</i> scared to hear from the opposition.  We all expected that the Judiciary Committee hearings wouldn't be a fair fight.  In Congress, they rarely are fair fights.  But most people expected the typical "three in favor, one against" weighted hearings.  That's already childish, but it seems that the Judiciary Committee has decided to take the ridiculousness to new heights.  We'd already mentioned last week that the Committee had <a href="http://www.techdirt.com/articles/20111110/13455416712/house-judiciary-committee-refuses-to-hear-wider-tech-industry-concerns-about-sopa.shtml" target="_blank">rejected the request of NetCoalition to take part in the hearings</a>.  At the time, we'd heard that the hearings were going to be stacked four-to-one in favor of SOPA.  However, the latest report coming out of the Committee is that they're <i>so afraid</i> to actually hear about the real opposition that they've lined up <b>five pro-SOPA speakers</b> and only one "against." 
<br /><br />
Why is the Judiciary Committee so afraid to hear the concerns of the wider internet industry?
<br /><br />
The five "pro" speakers are the Register of Copryights, someone from the MPAA, someone from Pfizer, someone from MasterCard, and someone from the AFL-CIO.  The choice of MasterCard is deliberate, since Visa is against the bill -- because Visa recognizes that supporting a bill that requires them to cut off customers based on accusations of infringement is going to be a huge burden, and one that isn't good for their own customers.
<br /><br />
Furthermore, the "one" against SOPA is going to be Google.  This is a strategic choice, because the pro-SOPA folks know that Google is easy to dismiss on this topic, because they'll claim (not accurately) that Google just wants to profit from infringement.  Google is already under a lot of scrutiny in Congress, and so it makes it much easier for pro-SOPA supporters to say that "ah, the only opposition is Google."  And, yet, that's not true.  Companies throughout the tech and internet industries have expressed concerns.  Facebook, Twitter, Mozilla, eBay and over 160 startups have all come out against the bill.  This isn't "just a Google issue."  This is an issue of the entertainment industry trying to change the fundamental legal and technical framework for how the internet has functioned -- and in doing so, creating tons of liability and compliance costs for the part of the economy that <i>is</i> growing and has been creating jobs.  Just because Hollywood is jealous, doesn't mean that they should get to use Congress to punish the industry that's doing well.
<br /><br />
Either way, it's quite stunning that the Committee has decided to go so far in stacking the deck, and it shows just how unwilling they are to hear the real concerns about the bill.<br /><br /><a href="http://www.techdirt.com/articles/20111114/23145216770/house-judiciary-committee-sopa-hearings-stacked-5-to-1-favor-censoring-internet.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111114/23145216770/house-judiciary-committee-sopa-hearings-stacked-5-to-1-favor-censoring-internet.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111114/23145216770/house-judiciary-committee-sopa-hearings-stacked-5-to-1-favor-censoring-internet.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>what-are-they-afraid-of</slash:department>
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<pubDate>Wed, 28 Sep 2011 05:44:30 PDT</pubDate>
<title>If At First You Don't Succeed As A Patent Troll, Just Sue Again</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110923/17444516081/if-first-you-dont-succeed-as-patent-troll-just-sue-again.shtml</link>
<guid>http://www.techdirt.com/articles/20110923/17444516081/if-first-you-dont-succeed-as-patent-troll-just-sue-again.shtml</guid>
<description><![CDATA[ The excellent new Patent Examiner blog has a post up about a company called SmartMetric, which claims to be in the business of making biometric technologies, but admits it hasn't actually made any money doing that.  Instead, it seems to be in the business of <a href="http://patentexaminer.org/2011/09/smartmetric-sues-over-smart-card-system-patent-again/" target="_blank">being a patent troll</a>.  Despite the fact that banks and others have been testing variations on "smart card" technology for many decades, SmartMetric ended up with patent <a href="http://www.google.com/patents?id=xJkSAAAAEBAJ&printsec=frontcover&dq=6,792,464&hl=en&ei=Whp9Tv-QN4uOsAL4vMlE&sa=X&oi=book_result&ct=result&resnum=1&ved=0CC8Q6AEwAA" target="_blank">6,792,464</a>, which it claims covers all kinds of smartcards.  Last year, it sued Visa, MasterCard and American Express.  And lost.
<br /><br />
But why worry about that when it can just sue again?
<br /><br />
Yes, even as it's appealing the initial loss, the company has sued the same companies a second time using a nearly identical filing.  You can see both filings embedded below.  Feel free to do a diff on the two, but Patent Examiner summarizes the two cases this way:
<blockquote><i>
This new lawsuit against MasterCard and Visa concerns both &ldquo;contact&rdquo; and &ldquo;contactless&rdquo; smart cards (the former are inserted into a card reader, the latter only need to be placed in proximity to a reader), while SmartMetric&rsquo;s first lawsuit against the credit companies only referred to contactless card systems.
</i></blockquote>
So, basically, after losing, they're just trying to expand what they claim the patent covers.  It's hard to see this as anything more than a standard patent troll shakedown of a company that doesn't do anything demanding cash from the companies who do things... even when those things are obvious next steps that were discussed decades before the troll came on the scene.<br /><br /><a href="http://www.techdirt.com/articles/20110923/17444516081/if-first-you-dont-succeed-as-patent-troll-just-sue-again.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110923/17444516081/if-first-you-dont-succeed-as-patent-troll-just-sue-again.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110923/17444516081/if-first-you-dont-succeed-as-patent-troll-just-sue-again.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>why-not</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110923/17444516081</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 25 Jul 2011 03:08:39 PDT</pubDate>
<title>PayPal Agrees To Help IFPI Cut Off Funding For Sites IFPI Doesn't Like Without Judicial Oversight</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml</link>
<guid>http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=neppe">Neppe</a> alerts us to the news that PayPal has now followed the same path as MasterCard and Visa, in agreeing to the IFPI's plan to <a href="http://arstechnica.com/tech-policy/news/2011/07/paypal-joins-london-police-bid-to-financially-starve-illegal-websites.ars" target="_blank">cut off payments to sites it doesn't like</a>, without any judicial review.  Basically, the IFPI will send info about sites it doesn't like (i.e., describes as "rogue" sites) to the London Police.  It's not clear what sort of qualifications the London Police have on complex copyright issues, but okay.  If the London Police agree with the IFPI (and so far, they have in 100% of the cases), the information about the sites will be passed on to the three payment processing companies, and they will no longer allow those sites to accept payments.  Watch out, Internet Archive (which has been <a href="http://www.techdirt.com/articles/20110620/01370314750/universal-music-goes-to-war-against-popular-hip-hop-sites-blogs.shtml">declared an infringing site</a> by some in the industry), you may soon no longer be able to accept donations, thanks to the IFPI's fear of technology.<br /><br /><a href="http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-to-stamp-out-competition</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110722/11280515209</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 7 Jul 2011 22:06:00 PDT</pubDate>
<title>Wikileaks Can Receive Visa &#038; Mastercard Donations Again... But Visa Doesn't Understand Why</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml</link>
<guid>http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml</guid>
<description><![CDATA[ Last week, Wikileaks and Datacell threatened to <a href="http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml">sue</a> Mastercard, Visa and Paypal if it didn't stop blocking payments to Wikileaks.  The claims were basically collusion charges, in that all of the major payment companies were blocking payments.  Things got strange today, however, when suddenly <a href="http://www.msnbc.msn.com/id/43674458" target="_blank">Datacell announced that payments worked again</a>, and clearly implied that the companies had lifted the blockade.   Except, Visa is insisting <a href="http://www.theatlanticwire.com/technology/2011/07/visa-says-its-still-not-processing-transactions-wikileaks/39705/" target="_blank">that it has not lifted its ban on Wikileaks</a> and has no idea how payments are getting through.  The details seem a bit sketchy.  Some careful wording by Datacell's CEO suggest that he really just found an alternative payment gateway provider, which likely means this is a very temporary loophole, before the payment companies block again.<br /><br /><a href="http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110707/17335615002/wikileaks-can-receive-visa-mastercard-donations-again-visa-doesnt-understand-why.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>for-the-lulz?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110707/17335615002</wfw:commentRss>
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<item>
<pubDate>Tue, 5 Jul 2011 09:26:06 PDT</pubDate>
<title>WikiLeaks Planning Legal Action Against PayPal, MasterCard &amp; Visa</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml</link>
<guid>http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml</guid>
<description><![CDATA[ There hasn't been much talk lately over the fact that PayPal, MasterCard and Visa all <a href="http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml">cut off</a> Wikileaks late last year, after the US government freaked out about the release of some State Department Cables.  None of the firms has done a very good job explaining why this makes sense (or why they continue to allow other groups, such as the KKK to receive funding, while singling out Wikileaks).  I'm sure those three firms, which took quite a public bashing when the news originally dropped, would prefer that there not be any more talk about it.  However, Wikileaks and the payment firm they used, DataCell, are apparently <a href="http://blogs.forbes.com/andygreenberg/2011/07/01/heres-the-legal-complaint-wikileaks-is-threatening-to-file-against-visa-mastercard/" target="_blank">planning to file a legal complaint</a> this week against all three firms in Europe.  A draft of the complaint, which was obtained by Andy Greenberg at Forbes (linked above and embedded below), claims that the three firms violated Articles 101 and 102 of the EU Treaty, effectively a form of antitrust law.  While I tend to think many antitrust claims are merely attacks on successful companies, this seems like a case where they could make sense.  Here you have basically the only three ways for most people to transfer money easily, all agreeing to block a single (small) client from receiving money, despite no legal ruling against the operation (hell, charges haven't even been filed).  It certainly would make for an interesting case.<br /><br /><a href="http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110705/02213614966/wikileaks-planning-legal-action-against-paypal-mastercard-visa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>thought-this-would-go-away?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110705/02213614966</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 4 Mar 2011 07:48:56 PST</pubDate>
<title>IFPI, UK Police, Credit Card Companies Push People To Pirate Music, Rather Than Pay For It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml</link>
<guid>http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml</guid>
<description><![CDATA[ Bizarre move out of the IFPI.  It's gleefully announced a new deal, in conjunction with the London Police and Visa and MasterCard to <a href="http://www.zeropaid.com/news/92733/ifpi-uk-cops-credit-cards-unite-against-unlicensed-mp3-sites/?utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">cut off credit card services to online music stores</a> who the IFPI accuses of selling infringing MP3s.  This is really targeting sites like MP3Fiesta, which is sort of a modern version of Allofmp3.com.  Of course, what they seem to be missing is that both of these sites were examples of people, who would otherwise likely be downloading totally unauthorized versions, being willing to pay for MP3s at a much more reasonable price.  What I never understood was why the music industry never realized that these sites actually showed <a href="http://www.techdirt.com/articles/20070724/213414.shtml">a business model that worked</a>.  Tons of people were happy to pay for the music when the prices seemed much more reasonable.  What these services really showed was how much the industry has artificially inflated the price of music.
<br /><br />
But, of course, in cutting off credit cards to those sites, two simple things are likely to happen in response: first, those sites will simply find alternative payment means.  That may still limit some, but it hardly stops these sites from existing.  But, more importantly, if people can't get music at these prices, it seems a lot more likely that they'll shift to totally free options, rather than go back to paying $0.99 per song (or more!).  So, effectively, all this move really does is drive more people to stop paying for music.  Is that what the record labels pay the IFPI to do these days?<br /><br /><a href="http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>did-they-really-do-that?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110303/01202013335</wfw:commentRss>
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<item>
<pubDate>Wed, 22 Dec 2010 10:59:39 PST</pubDate>
<title>Will Visa, MasterCard, Paypal, BofA &#038; Apple Terminate Relationships With The NYTimes For Revealing Military Secrets?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101222/04353612381/will-visa-mastercard-paypal-bofa-apple-terminate-relationships-with-nytimes-revealing-military-secrets.shtml</link>
<guid>http://www.techdirt.com/articles/20101222/04353612381/will-visa-mastercard-paypal-bofa-apple-terminate-relationships-with-nytimes-revealing-military-secrets.shtml</guid>
<description><![CDATA[ Glenn Greenwald has a post highlighting how a NY Times' <a href="http://www.nytimes.com/2010/12/21/world/asia/21intel.html?_r=1&#038;hp" target="_blank">investigative report on US military action in Pakistan</a> appears to <a href="http://www.salon.com/news/opinion/glenn_greenwald/2010/12/21/nyt?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A salon%2Fgreenwald %28Glenn Greenwald%29" target="_blank">reveal key military secrets</a> concerning plans that have not yet been put in place, and which could certainly put Americans and others in danger:
<blockquote><i>
Indeed, the NYT reporters several times acknowledge that public awareness of these operations could trigger serious harm ("inside Pakistan, [] the movement of American forces has been largely prohibited because of fears of provoking a backlash").  Note, too, that Mazzetti and Filkins did not acquire these government secrets by just passively sitting around and having them delivered out of the blue.  To the contrary:  they interviewed multiple officials both in Washington and in Afghanistan, offered several of them anonymity to induce them to reveal secrets, and even provoked officials to provide detailed accounts of past secret actions in Pakistan, including CIA-directed attacks by Afghans inside that country. 
</i></blockquote>
As he notes, all of this seems a lot more revealing than anything that Wikileaks has done, and a lot more likely to put people in danger.  Yet, there's been almost no response, and certainly nothing like the attention paid to Wikileaks -- with calls for trials or even killing the head of Wikileaks.  Seems odd, doesn't it?
<br /><br />
But, an even bigger point is buried towards the end in an update, where Greenwald asks:
<blockquote><i>
Why aren't Visa, MasterCard, Paypal, their web hosting company and various banks terminating their relationships with The New York Times, the way they all did with WikiLeaks:  not only for the NYT's publication of many of the same diplomatic and war cables published by WikiLeaks, but also for this much more serious leak today in which WikiLeaks was completely uninvolved?
</i></blockquote>
And, I think, we can <a href="http://www.techdirt.com/articles/20101221/09524812365/apple-latest-to-convict-wikileaks-despite-no-charges-trial-kills-wikileaks-app-violating-unnamed-laws.shtml">add Apple to that list</a>.  After all, if these companies keep claiming that Wikileaks "broke the law" (as most of the companies listed here are saying), why do they not feel the same way about the NY Times?<br /><br /><a href="http://www.techdirt.com/articles/20101222/04353612381/will-visa-mastercard-paypal-bofa-apple-terminate-relationships-with-nytimes-revealing-military-secrets.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101222/04353612381/will-visa-mastercard-paypal-bofa-apple-terminate-relationships-with-nytimes-revealing-military-secrets.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101222/04353612381/will-visa-mastercard-paypal-bofa-apple-terminate-relationships-with-nytimes-revealing-military-secrets.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>consistency-is-all-i-ask</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101222/04353612381</wfw:commentRss>
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<item>
<pubDate>Fri, 17 Dec 2010 13:00:41 PST</pubDate>
<title>US IP Czar Gets Companies To Cut Off Unlicensed Online Pharmacies</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101217/03240112312/us-ip-czar-gets-companies-to-cut-off-unlicensed-online-pharmacies.shtml</link>
<guid>http://www.techdirt.com/articles/20101217/03240112312/us-ip-czar-gets-companies-to-cut-off-unlicensed-online-pharmacies.shtml</guid>
<description><![CDATA[ Earlier this year, we noted that the US IP Czar, Victoria Espinel, had been making the rounds to ISPs, registrars, payment processors and others to get them to <a href="http://www.techdirt.com/articles/20100929/20293711230/even-without-coica-white-house-asking-registrars-to-voluntarily-censor-infringing-sites.shtml">agree to voluntarily</a> start shutting off certain "infringing" sites.  Now we see the results of those talks.  Espinel has announced that a variety of companies -- including Google, Visa, Mastercard, Paypal and Network Solutions -- have apparently <a href="http://www.bbc.co.uk/news/technology-12017185?utm_source=twitterfeed&utm_medium=twitter" target="_blank">agreed to effectively disappear and cut off certain websites</a>.  The focus, for now, is on "unlicensed web pharmacies," with the idea being that these companies will effectively kill off those sites:
<blockquote><i>
Together, the firms hope to tackle every link in the chain that keeps unlicensed pharmacies operating by stopping them showing up in search results, taking their websites offline, delisting the domains they use and stopping payments reaching them.
</i></blockquote>
Think COICA without COICA -- but just with government pressure on companies.  Seeing Visa, Mastercard and Paypal on the list certainly isn't surprising, after those three already did the same thing in cutting off Wikileaks.  However, it's a bit surprising to see Google agree to this (<b>Update</b>: Google says that it's only agreed to cut off advertising that violates its policies).  If there's a trial and these sites are found guilty of violating the law, then I can see cutting them off -- but once again, it appears that this is the government trying to kill off websites, without a trial.
<br><br>
And, yes, it's for "unlicensed web pharmacies," and everyone plays up the spam and the fake (potentially dangerous) drugs.  Those are a serious problem.  But they also lump in the (quite common) grey market pharmacies as well -- which often allow people to get drugs from outside the country at much more affordable rates.  Shutting down fake drug sellers is fine.  Shutting down the grey market drug sellers is a bit of a bigger issue.
<br><br>
On top of that, given the recent ICE domain seizures and the whole COICA law -- both of which Espinel has spoken out in favor of -- it's not hard to see how the mandate behind this particular program is quite likely to grow well beyond "unauthorized web pharmacies" to other sites as well.  In fact, MasterCard has apparently already <A href="http://news.cnet.com/8301-31001_3-20025879-261.html?part=rss&subj=news&tag=2547-1_3-0-20" target="_blank">agreed to cut off websites deemed "pirate" sites</a>.<br /><br /><a href="http://www.techdirt.com/articles/20101217/03240112312/us-ip-czar-gets-companies-to-cut-off-unlicensed-online-pharmacies.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101217/03240112312/us-ip-czar-gets-companies-to-cut-off-unlicensed-online-pharmacies.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101217/03240112312/us-ip-czar-gets-companies-to-cut-off-unlicensed-online-pharmacies.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>borderline...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101217/03240112312</wfw:commentRss>
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<item>
<pubDate>Tue, 14 Dec 2010 13:01:00 PST</pubDate>
<title>Iceland Considers Revoking Visa/MasterCard Licenses For Wikileaks Ban</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101214/11124912272/iceland-considers-revoking-visamastercard-licenses-wikileaks-ban.shtml</link>
<guid>http://www.techdirt.com/articles/20101214/11124912272/iceland-considers-revoking-visamastercard-licenses-wikileaks-ban.shtml</guid>
<description><![CDATA[ With Visa and MasterCard <a href="http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml">cutting off</a> payments for Wikileaks, it appears that some Icelandic politicians are <a href="http://www.rawstory.com/rs/2010/12/mastercard-visa-licenses-revoked-iceland-wikileaks/" target="_blank">threatening to remove both companies' operating licenses</a> in that country.  Apparently, the Icelandic Parliamentary General Committee has asked both companies to explain what legal grounds they used for cutting off Wikileaks and, without evidence of legitimate reasons, both companies could lose their operating licenses.  We had already noted that Icelandic firm DataCell, which was handling the payments for Wikileaks, was <a href="http://www.techdirt.com/articles/20101208/15041912198/wikileaks-payment-company-plans-to-sue-visa-mastercard-over-cutoff.shtml">planning to sue</a> both companies but it appears that the Icelandic government may help out.  Of course, I would imagine that Visa and Mastercard both care about keeping the US government more happy than the Icelandic government...<br /><br /><a href="http://www.techdirt.com/articles/20101214/11124912272/iceland-considers-revoking-visamastercard-licenses-wikileaks-ban.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101214/11124912272/iceland-considers-revoking-visamastercard-licenses-wikileaks-ban.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101214/11124912272/iceland-considers-revoking-visamastercard-licenses-wikileaks-ban.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>what-legal-grounds</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101214/11124912272</wfw:commentRss>
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<item>
<pubDate>Thu, 9 Dec 2010 18:20:00 PST</pubDate>
<title>Lieberman Praises Companies Helping Him Try To Censor Wikileaks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101209/13385012218/lieberman-praises-companies-helping-him-try-to-censor-wikileaks.shtml</link>
<guid>http://www.techdirt.com/articles/20101209/13385012218/lieberman-praises-companies-helping-him-try-to-censor-wikileaks.shtml</guid>
<description><![CDATA[ This should hardly comes as a surprise, but Senator Joe Lieberman has apparently put out a statement, along with Senator Sue Collins, <a href="http://www.wired.com/threatlevel/2010/12/wikileaks-congress-pressure/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired27b %28Blog - 27B Stroke 6 %28Threat Level%29%29" target="_blank">praising companies for following through on their political pressure to try to censor Wikileaks</a>, calling them "good corporate citizens," and saying that people should support those companies for their willingness to bow down to government pressure.  Yeah, okay.  Even the press reporting on this seem to think Lieberman is simply making stuff up.  Witness this paragraph from Wired:
<blockquote><i>
"The WikiLeaks data dump has jeopardized U.S. national interests and the lives of intelligence sources around the world," Lieberman said, though there is no proof or even detailed allegations that the release has endangered any intelligence source.
</i></blockquote>
Lieberman apparently wants the world to believe that censorship is okay because "this is no time for business as usual."  It appears that Lieberman really wants to go down in history as the Senator who favors censorship of the press and US companies.  Quite a legacy.<br /><br /><a href="http://www.techdirt.com/articles/20101209/13385012218/lieberman-praises-companies-helping-him-try-to-censor-wikileaks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101209/13385012218/lieberman-praises-companies-helping-him-try-to-censor-wikileaks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101209/13385012218/lieberman-praises-companies-helping-him-try-to-censor-wikileaks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>censorship-is-the-in-thing</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101209/13385012218</wfw:commentRss>
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<pubDate>Thu, 9 Dec 2010 07:06:55 PST</pubDate>
<title>Wikileaks Payment Company Plans To Sue Visa &#038; Mastercard Over Cutoff</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101208/15041912198/wikileaks-payment-company-plans-to-sue-visa-mastercard-over-cutoff.shtml</link>
<guid>http://www.techdirt.com/articles/20101208/15041912198/wikileaks-payment-company-plans-to-sue-visa-mastercard-over-cutoff.shtml</guid>
<description><![CDATA[ With Visa and Mastercard <a href="http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml">refusing</a> to take payments for Wikileaks, the company that was providing payment services to Wikileaks, Datacell, has announced <a href="http://www.beehivecity.com/hightech/icelandic-it-firm-to-sue-visa-mastercard-over-wikileaks-cut-off-229282/" target="_blank">plans to sue both credit card companies</a> to try to get them to go back to accepting payments.  There's no indication of exactly what law Datacell thinks these firms broke.  Unless there are more details, this does sound like a bunch of shouting in the wind.  As much as I disagree with Visa and MasterCards' decisions to cut off Wikileaks, they are private companies and can refuse service to anyone, no matter how petty it makes them look.<br /><br /><a href="http://www.techdirt.com/articles/20101208/15041912198/wikileaks-payment-company-plans-to-sue-visa-mastercard-over-cutoff.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101208/15041912198/wikileaks-payment-company-plans-to-sue-visa-mastercard-over-cutoff.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101208/15041912198/wikileaks-payment-company-plans-to-sue-visa-mastercard-over-cutoff.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>priceless</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101208/15041912198</wfw:commentRss>
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<pubDate>Wed, 8 Dec 2010 15:32:00 PST</pubDate>
<title>Want To Know Why Visa &#038; Mastercard Cut Off Wikileaks? Because Its Latest Leak Was About Them...</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101208/11522412194/want-to-know-why-visa-mastercard-cut-off-wikileaks-because-its-latest-leak-was-about-them.shtml</link>
<guid>http://www.techdirt.com/articles/20101208/11522412194/want-to-know-why-visa-mastercard-cut-off-wikileaks-because-its-latest-leak-was-about-them.shtml</guid>
<description><![CDATA[ Visa's slogan used to be "Everywhere you want to be," but apparently one place it did not want to be was on Wikileaks.  We've already covered how both <a href="http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml">Visa and MasterCard cut off Wikileaks</a> quite quickly, with MasterCard even going so far as to claim that it did so because of <a href="http://www.techdirt.com/articles/20101207/00300612152/freedom-expression-is-priceless-everything-else-theres-mastercard.shtml">illegal activity</a> by Wikileaks -- despite no charges or convictions for any actual illegal activity.
<br /><br />
Just a day later, it seems, we may have some new insight into why this is. <a href="http://www.techdirt.com/profile.php?u=rhodesc">Chris Rhodes</a> was the first of a bunch of you to send over the news that the <a href="http://www.guardian.co.uk/world/us-embassy-cables-documents/246424" target="_blank">latest cable leak</a> shows that US diplomats <a href="http://www.guardian.co.uk/world/2010/dec/08/wikileaks-us-russia-visa-mastercard" target="_blank">worked hard on Visa and MasterCard's behalf in Russia</a>, where the Russian government was working on a new national payment card system, that would likely deprive Visa and MasterCard of transaction fees in Russia.  Convenient timing.<br /><br /><a href="http://www.techdirt.com/articles/20101208/11522412194/want-to-know-why-visa-mastercard-cut-off-wikileaks-because-its-latest-leak-was-about-them.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101208/11522412194/want-to-know-why-visa-mastercard-cut-off-wikileaks-because-its-latest-leak-was-about-them.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101208/11522412194/want-to-know-why-visa-mastercard-cut-off-wikileaks-because-its-latest-leak-was-about-them.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>everywhere-you-want-to-be</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101208/11522412194</wfw:commentRss>
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<item>
<pubDate>Tue, 7 Dec 2010 10:20:33 PST</pubDate>
<title>Visa &#038; MasterCard: KKK Is A-OK, But Wikileaks Is Wicked</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml</link>
<guid>http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml</guid>
<description><![CDATA[ Well, it looks like we can <a href="http://blogs.forbes.com/andygreenberg/2010/12/07/visa-mastercard-move-to-choke-wikileaks/" target="_blank">add Visa to the list of companies pressured into no longer working with Wikileaks</a>, following a <a href="http://www.techdirt.com/articles/20101207/00300612152/freedom-expression-is-priceless-everything-else-theres-mastercard.shtml">similar move by MasterCard</a>.  At least, unlike MasterCard, Visa isn't already claiming that Wikileaks was convicted of a crime.  Instead, it's just said that it's suspended any work with Wikileaks "pending further investigation into the nature of its business and whether it contravenes Visa operating rules." 
<br /><br />
As Charles Arthur <a href="http://www.guardian.co.uk/news/blog/2010/dec/07/wikileaks-us-embassy-cables-live-updates" target="_blank">points out</a>, the Ku Klux Klan's website points you to a site that takes both MasterCard and Visa -- suggesting the pure arbitrariness of both credit card companies' decision here.  It's a bad idea when firms start making decisions for political reasons.  There are all sorts of companies out there that take credit cards to support objectionable (to many) activities.  Is it really the credit card companies' job to pick and choose who they find objectionable to work with -- and if so, what basis does it use for saying "KKK is okay, but Wikileaks is not"?
<br /><br />
This reinforces the point we recently made about the role of <a href="http://www.techdirt.com/articles/20101201/17390512086/wikileaks-ice-domain-seizures-show-how-private-intermediaries-get-involved-government-censorship.shtml">corporate intermediaries</a> in being able to aid governments in censorship, even in the absence of a trial or conviction.  Either way, this is a really sad statement about both Visa and MasterCard and their willingness to cave to government pressure.<br /><br /><a href="http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101207/09264812164/visa-mastercard-kkk-is-a-ok-wikileaks-is-wicked.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>starvation-through-political-pressure</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101207/09264812164</wfw:commentRss>
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<pubDate>Tue, 7 Dec 2010 08:00:14 PST</pubDate>
<title>Freedom Of Expression Is Priceless... For Everything Else, There's Mastercard</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101207/00300612152/freedom-expression-is-priceless-everything-else-theres-mastercard.shtml</link>
<guid>http://www.techdirt.com/articles/20101207/00300612152/freedom-expression-is-priceless-everything-else-theres-mastercard.shtml</guid>
<description><![CDATA[ The title of this post is <a href="https://twitter.com/#!/Rinze/statuses/11921781027766272" target="_blank">from Rinze</a>, who perfectly sums up the ridiculousness of <a href="http://news.cnet.com/8301-31921_3-20024776-281.html" target="_blank">MasterCard blocking any payment systems that are working with Wikileaks from allowing people to use its card</a>.  MasterCard's excuse is even more ridiculous than Paypal, Amazon and others.  Rather than drudging up some sort of "terms of service violation," MasterCard is now just making stuff up:
<blockquote><i>
MasterCard said it was cutting off payments because WikiLeaks is <b>engaging in illegal activity</b>. "MasterCard rules prohibit customers from directly or indirectly engaging in or facilitating any action that is illegal," spokesman Chris Monteiro said. 
</i></blockquote>
That's nice, but last we checked, for something to be found guilty of illegal activity, first they have to be charged and tried, and only after a court decides it's illegal, is it actually considered illegal.  To date, Wikileaks hasn't been even charged with anything, let alone found guilty.  Apparently MasterCard isn't a big believer in due process either.  It's actually very unlikely that Wikileaks actually has done anything illegal.  It <i>is</i> against the law to <i>leak</i> such documents but <i>publishing</i> those documents is still protected activity.  Except to MasterCard.<br /><br /><a href="http://www.techdirt.com/articles/20101207/00300612152/freedom-expression-is-priceless-everything-else-theres-mastercard.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101207/00300612152/freedom-expression-is-priceless-everything-else-theres-mastercard.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101207/00300612152/freedom-expression-is-priceless-everything-else-theres-mastercard.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>plug-pulled</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101207/00300612152</wfw:commentRss>
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<pubDate>Wed, 3 Jun 2009 07:46:00 PDT</pubDate>
<title>Store Payment Info In Your Online Store? Watch Out For Patent Infringement Lawsuits</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090602/2115555102.shtml</link>
<guid>http://www.techdirt.com/articles/20090602/2115555102.shtml</guid>
<description><![CDATA[ Bill Squier alerts us to the news that <a href="http://www.appleinsider.com/articles/09/06/02/apple_sued_over_methods_for_repeat_itunes_app_store_sales.html" target="_new">a bunch of companies have been sued for daring to store consumer payment information</a> and allow either stored value payments or one-click payments on their site.  The article linked here focuses on Apple as a defendant, and notes 14 other companies were sued as well, but in researching this, I found that Joe Mullin actually wrote about another batch of companies (20 of them) that were <a href="http://thepriorart.typepad.com/the_prior_art/2009/04/week-in-patent-litigation-april-610.html" target="_new">sued back in April</a>.  The earlier lawsuit included Google, Wal-Mart, Bank of America, Capital One, JP Morgan Chase, Mastercard, Visa, Vivendi, Disney and Western Union among others.  The more recent lawsuit has (as mentioned) Apple, Best Buy, Amazon, American Express, Barnes &#038; Noble, Citigroup and eBay among others.  So... basically any online e-commerce site, credit card company or big bank.
<br /><br />
As for the patents in question, they're all a variation on a "method and apparatus for conducting electronic commerce transactions using electronic tokens."  The specific patents are <a href="http://www.google.com/patents/about?id=-hqqAAAAEBAJ&#038;dq=7,376,621" target="_new">7,376,621</a>, <a href="http://www.google.com/patents/about?id=PJ-AAAAAEBAJ&#038;dq=7,249,099" target="_new">7,249,099</a>, <a href="http://www.google.com/patents/about?id=gc-nAAAAEBAJ&#038;dq=7,328,189" target="_new">7,328,189</a> and <a href="http://www.google.com/patents/about?id=3-x-AAAAEBAJ&#038;dq=7,177,838" target="_new">7,177,838</a>.  Reading through the claims, this seems like an incredibly typical online system for storing payment info and seeing if the person can actually pay.  Since the patent system defenders among our readers get <i>quite</i> upset whenever I say something seems "obvious" to me, let's flip this around.  Can anyone explain how these concepts were not obvious at the time of filing?
<br /><br />
Not surprisingly, the cases have been filed in Marshall, Texas... and as Joe Mullin figured out, the guy who is running "Actus" is a lawyer known for representing some infamous patent hoarding companies.   He also discovered that the lawyer representing Actus in these lawsuits appears to <i>share an office</i> (or at least the same address) with the son (who is also a patent attorney) of the judge handling the case.  At some point, do people start questioning whether or not there's a conflict of interest there?<br /><br /><a href="http://www.techdirt.com/articles/20090602/2115555102.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090602/2115555102.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090602/2115555102.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>pay-now</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090602/2115555102</wfw:commentRss>
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<pubDate>Tue, 24 Feb 2009 18:10:13 PST</pubDate>
<title>Escaped The Largest Credit Card Data Breach Ever?  Well, Here's Another One...</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090224/0112283879.shtml</link>
<guid>http://www.techdirt.com/articles/20090224/0112283879.shtml</guid>
<description><![CDATA[ Remember last month when a credit card payment processor was forced to <a href="http://techdirt.com/articles/20090120/1450363464.shtml">admit</a> a security breach that could impact 100 million people?  Well, if you were lucky enough not to get caught up in that breach, there's apparently another one to worry about.  Visa and Mastercard are issuing a new warning over a different payment processor <a href="http://blog.wired.com/27bstroke6/2009/02/visa-and-master.html" target="_new">whose system was apparently compromised as well</a>.  At this rate, it's getting silly to have static credit card numbers, since it seems like we're replacing our cards every few months anyway.<br /><br /><a href="http://www.techdirt.com/articles/20090224/0112283879.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090224/0112283879.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090224/0112283879.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-assume-someone-else-has-your-cc-info</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090224/0112283879</wfw:commentRss>
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