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<title>Techdirt. Stories filed under &quot;activism&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;activism&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Mon, 4 Mar 2013 12:51:00 PST</pubDate>
<title>Bahrain Bans The Import Of Guy Fawkes Masks</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130228/23213922162/bahrain-bans-import-guy-fawkes-masks.shtml</link>
<guid>http://www.techdirt.com/articles/20130228/23213922162/bahrain-bans-import-guy-fawkes-masks.shtml</guid>
<description><![CDATA[ No longer simply a clever story mechanic in a comic book, the Guy Fawkes mask featured in the film <i>V For Vendetta</i> is now a universal symbol of dissent. That dissent was depicted in the film to be primarily targeting overbearing governments and is also the reason many of the real world wearers don it. The very point of the mask, to me, is to at once remain anonymous while also breed solidarity with all who wear it. It says that the wrong being done is being done against all. In that way, the mask has become as sweet as it is admittedly creepy. <center>
<p>
<a href="http://www.flickr.com/photos/anonymous9000/4281777022/" title="2nd Anoniversary by Anonymous9000, on Flickr"><img alt="2nd Anoniversary" src="http://farm5.staticflickr.com/4035/4281777022_89d8a69fdf.jpg" width="300" /></a><br /> <span style="font-size:10px;">Aaaaaaaaaah!<br /> Image <a href="http://www.flickr.com/photos/anonymous9000/4281777022/">source</a>: CC BY 2.0</span>
</p>
</center>
<p>
<br /> It's the fact that the point behind the mask was solidarity against oppression that made Dubai's move to <a href="https://www.techdirt.com/articles/20121122/07085121124/wearing-v-vendetta-guy-fawkes-masks-declared-illegal-dubai.shtml">outlaw</a> the masks so misguided. But they are no longer the only nation to do so. Bahrain <a href="http://www.newser.com/story/163613/bahrain-bans-import-of-guy-fawkes-masks.html">has now banned the import of the masks</a>, trying desperately to stave off a 2-years running protest movement. The ban came from the country's commerce department, because apparently they don't think that masks can be made by their citizens. <a href="http://www.independent.co.uk/news/world/middle-east/antiprotest-bahrain-bans-import-of-plastic-guy-fawkes-masks-8510615.html">As The Independent noted</a>:
<blockquote>
<i>Sadly, though, it is but a mask. And the thing about a masks is, you can print them, paint them or draw them yourself. Unless the minister plans to ban all such activity it seems an action as futile as the real Guy Fawkes's.</i></blockquote>
Not so much futile, in my opinion, as mega-back-firing. Bahrain has now perfectly exemplified an oppressive government by taking action against the symbol of resistance to that oppression. If they thought the masks bred solidarity, I'm guessing they haven't seen anything yet.
<br /><br />
<br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130228/23213922162/bahrain-bans-import-guy-fawkes-masks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130228/23213922162/bahrain-bans-import-guy-fawkes-masks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130228/23213922162/bahrain-bans-import-guy-fawkes-masks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>building-a-martyr</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130228/23213922162</wfw:commentRss>
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<item>
<pubDate>Mon, 4 Mar 2013 10:46:39 PST</pubDate>
<title>White House Says Mobile Phone Unlocking Should Be Legal</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml</guid>
<description><![CDATA[ Well, that was amazingly fast.  The White House has already responded to the petition concerning unlocking mobile phones, and said <a href="https://petitions.whitehouse.gov/response/its-time-legalize-cell-phone-unlocking" target="_blank">that mobile phone unlocking should be legal</a>.  If you don't remember, the Librarian of Congress (who technically is a part of the executive branch, working for the President) decided to remove the DMCA exemption for mobile phone unlocking, turning it into a <a href="http://www.techdirt.com/blog/wireless/articles/20130128/02192521803/how-unlocking-your-phone-may-now-be-crime-500000-fines-5-years-prison-first-offense.shtml">possible copyright infringement</a> risk.  There was plenty of outrage, which led to a White House petition getting the <a href="http://www.techdirt.com/blog/wireless/articles/20130221/08043522057/white-house-petition-concerning-legality-unlocking-phones-passes-magic-100000-mark.shtml">necessary 100,000 votes</a>.
<br /><br />
The White House has quickly sided with the petitioners:
<blockquote><i>
The White House agrees with the 114,000+ of you who believe that consumers should be able to unlock their cell phones without risking criminal or other penalties. In fact, we believe the same principle should also apply to tablets, which are increasingly similar to smart phones. And if you have paid for your mobile device, and aren't bound by a service agreement or other obligation, you should be able to use it on another network. It's common sense, crucial for protecting consumer choice, and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers' needs.
<br /><br />
This is particularly important for secondhand or other mobile devices that you might buy or receive as a gift, and want to activate on the wireless network that meets your needs -- even if it isn't the one on which the device was first activated. All consumers deserve that flexibility.
</i></blockquote>
The White House's response also points to the initial filing done by the Commerce Department's National Telecommunications and Information Administration (NTIA), which had actually filed in support of <i>keeping</i> the exemption for mobile phone unlocking during the triennial review process.  Unfortunately, the Librarian of Congress decided not to follow that recommendation.
<br /><br />
So, now what?  The White House seems open to having Congress fix the problem, but also seems to think that the FCC may be able to fix it as well, which is probably why the FCC started claiming it would <a href="http://www.techdirt.com/articles/20130301/03071922170/fcc-might-investigate-whether-not-ban-cell-phone-unlocking-should-have-been-allowed.shtml">investigate</a> the situation last week.
<blockquote><i>
The Obama Administration would support a range of approaches to addressing this issue, including narrow legislative fixes in the telecommunications space that make it clear: neither criminal law nor technological locks should prevent consumers from switching carriers when they are no longer bound by a service agreement or other obligation.
<br /><br />
We also believe the Federal Communications Commission (FCC), with its responsibility for promoting mobile competition and innovation, has an important role to play here. FCC Chairman Genachowski today <a href="http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-319250A1.pdf " class="no-follow">voiced his concern about mobile phone unlocking (.pdf)</a>, and to complement his efforts, NTIA will be formally engaging with the FCC as it addresses this urgent issue.
<br /><br />
Finally, we would encourage mobile providers to consider what steps they as businesses can take to ensure that their customers can fully reap the benefits and features they expect when purchasing their devices.
</i></blockquote>
This is definitely a victory for those of us who are against the overreach on copyright, though there is still a ways to go.  We haven't actually seen the problem get fixed yet, just that the White House is supporting fixing the issue.
<br /><br />
Separately, it's a bit disappointing that the White House focused on <i>narrowly</i> targeting just this particular problem, rather than recognizing that this is just a symptom of the broken DMCA anti-circumvention setup.  A truly bold statement would have been to go even further and recognize that the law itself is broken.  Passing a "narrow legislative fix in the telecommunications space" just duct tapes on a way to attack this particular symptom of the broken system, but does nothing to attack the disease at the root of it.
<br /><br />
Derek Khanna, who helped lead the charge on this petition and has rallied support behind this issue, says that this is a success that should be celebrated.  In a statement to Techdirt, he noted:
<blockquote><i>
This is terrific news. It shows the power of the people to affirmatively act to fix policy rather than just stop bad policy.  We the people have this power when we come together to fight for positive, common-sense solutions. This is a major affirmative victory for the digital generation that stood up against censorship of the internet through SOPA a year ago. The work of this movement is not done, now Congress must follow through -- and it will require continued activism and engagement from average people who made this possible.
<br /><br />
A free society should not require its citizens to petition their government every three years to allow access to technologies that are ordinary and commonplace. Innovation cannot depend upon a permission-based rulemakings requiring approval every three years from an unelected bureaucrat.  A free society should not ban technologies unless there is a truly overwhelming and compelling governmental interest
</i></blockquote>
I agree that this is a "narrow" victory, but again I worry about the White House just looking to duct tape up a solution to this one issue, rather than looking at what caused this problem in the first place.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-now-what</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130304/10334222192</wfw:commentRss>
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<pubDate>Fri, 22 Feb 2013 19:39:00 PST</pubDate>
<title>Court Forces Activist Objecting To Questionable Class Action Settlement To Shut Up And Promote The Settlement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130222/17250522074/court-forces-activist-objecting-to-questionable-class-action-settlement-to-shut-up-promote-settlement.shtml</link>
<guid>http://www.techdirt.com/articles/20130222/17250522074/court-forces-activist-objecting-to-questionable-class-action-settlement-to-shut-up-promote-settlement.shtml</guid>
<description><![CDATA[ Here is a rather egregious violation of basic free speech rights.  For years, we've talked about how the class action process is quite frequently <a href="http://www.techdirt.com/articles/20100324/0358238689.shtml">abused</a>, such that it makes lawyers quite wealthy, while doing next to <a href="http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml">nothing</a> for the "class" they're representing.  In extreme cases, we've seen "settlements" that actually make the defendants in class actions <a href="http://www.techdirt.com/articles/20051102/1020224_F.shtml">better off</a>, while still making the lawyers (of course) quite wealthy.  The stories of companies being forced to pay up millions of dollars, with none of it going to actual "victims," are more common than you would imagine.
<br /><br />
So, when  Majed Moughni in Dearborn Michigan heard about such a class action settlement concerning McDonald's having sold non-halal Chicken McNuggets that were advertised as halal, he decided to protest the settlement and try to get others to do so.  The settlement was what is known as a cy pres settlement, in which the lawyers get paid and the defendant agrees to give a chunk of money to charity, rather than to the class (about $700,000 in this case).  There are, at times, good reasons for doing a cy pres award, but it can also be open to abuse.  Settlement agreements, by law, have a period of time in which people are free to object to a settlement before it is approved, and Moughni was doing exactly that, if at times crudely, with a Facebook page that may have gone a bit far in its claims.  Moughni was upset with the cy pres nature of the award, but also with the fact that there was no injunction that would block McDonald's from doing the same thing again.
<br /><br />
However, as Paul Levy, who is now representing Moughni, makes clear in a blog post about the motion he filed in the case, <a href="http://pubcit.typepad.com/clpblog/2013/02/injunction-against-facebook-poster-for-criticizing-mcdonalds-non-halal-meat-settlement.html" target="_blank">the court deciding to issue a broad injunction against Moughni</a>, barring him from talking about the case, while also <i>forcing</i> him to post the lawyers' view of the case, would appear to be a pretty blatant First Amendment violation:
<blockquote><i>
The lawyers for the plaintiff class <a href="http://www.citizen.org/documents/DefamationDemandandResponse.pdf" target="_blank">threatened Moughni</a> with both a defamation suit and disciplinary charges (Moughni is a lawyer, although not by any means a specialist in class actions). Moughni would not back down, so the plaintiff&#8217;s lawyers <a href="http://www.citizen.org/documents/MotionforInjunction.pdf" target="_blank">asked the judge</a> to shut down the page &#8212; or, more precisely, they asked that Moughni be required to take everything <strong>he </strong>had said about the case down, and to post on his Facebook page instead what <strong>they </strong>said (and what the Court had said) (That is why I am not linking to my client&#8217;s Facebook page &#8211; it isn&#8217;t really HIS page any more. Let the parties do their own publicity.) And, they asked that Moughni be forbidden to make any statements that class members might see or hear, such as by talking about the litigation to the press which, in turn, might print stories from which class members might learn Moughni&#8217;s views.<br /><br />
The lawyers continued their claim that they had been defamed, but really, they said, this isn&#8217;t about us, this is about protecting the poor class members against having their confidence in the lawyers undermined, protecting public confidence in the court system, and preventing class members from being confused about whether they should object to having their claims for damages extinguished so that settlement funds could go to the charities (and the lawyers). The judge held a hearing a few days later; plaintiff&#8217;s counsel spoke his piece, McDonald&#8217;s lawyers chimed in with their agreement, but Moughni&#8217;s attempt to speak was rebuffed with a peremptory &#8220;Don&#8217;t you even&#8221; from the judge. And the judge ruled, <a href="http://www.citizen.org/documents/Injunction.pdf" target="_blank">granting the injunction</a> almost exactly as requested.
</i></blockquote>
As Levy notes, with class action settlements there is strong incentive for the lawyers from both sides and the judge to get the settlement approved.  It gets a case off the docket and gets the lawyers paid.  So this is a situation where all three of those parties have the incentive to team up against anyone who dares to raise questions about the settlement.  In fact, Levy noted that when he contacted the lawyers, noting his own intention to represent Moughni, they threatened <i>him</i> with sanction too.  Levy notes that Moughni's original Facebook post may not have been as carefully worded as one would hope, but in no way should that ever lead to a broad injunction, along with compelling speech one disagrees with, in response.  From <a href="http://www.citizen.org/documents/MotiontoVacate.pdf" target="_blank">the filing</a>:
<blockquote><i>
Giving Moughni only a few days&#8217; notice, the Court convened an emergency hearing; then, without hearing from Moughni, issued a prior restraint of unparallelled breadth, barring Moughni from making <b>any</b> public statements about an entire subject matter, even statements that were entirely truthful and not at all misleading.  It further compelled him to place speech with which he fervently disagreed on his own web page; and it forbade him from dissemination, circulation or publication of any opt-out  form or objection during the crucial ten-day period before the deadline for members of the class to decide whether to opt out or object.  On a literal reading of the injunction, Moughni was barred even from speaking to his own wife and children about the settlement, and even from submitting an objection to the settlement on his own behalf.  
<br /><br />
While he was pro se, Moughni acknowledged that he is not an expert in class action procedure; as his counsel, we readily concede that some of his statements could have been worded more felicitously.  But Moughni was not counsel for a named party; he spoke only as a member of the affected community, and the Court&#8217;s order holding him to standards that would have been inappropriate even for a lawyer in the case violated black-letter law against prior restraints of speech. The injunction should, therefore, be vacated immediately.  In addition, during the crucial ten-day period before the opt-out or objection deadline, the order deprived the class of the opportunity to hear dissenting views about whether to go along with a settlement that potentially deprives them of valuable rights.  The Court should, therefore, reopen the period for the class to respond to the notice, and should defer any decision about approval of the settlement until that time has expired.
</i></blockquote>
Even if you agree that Moughni may have gone too far with some of his Facebook postings, completely denying his right to talk about and object to the settlement, while then forcing him to post information he disagreed with, seems like an egregious violation of his rights.  As Levy notes back in his blog post, whether or not the actual settlement is a good one is somewhat besides the point:
<blockquote><i>
Moughni has his own view, but our motion takes no position on the merits of the settlement: our only point is that Moughni ought to have the right to say what he thinks about the settlement, and that the remedy for speech claimed to be false is not less speech but more speech.  In my own mind, I have come to no conclusion about the merits of the proposed settlement.
<br /><br />
But that just leaves me wondering, if the settlement is so wonderful, why the lawyers felt they had to resort to suppressing critical speech instead of just putting their own replies into the marketplace of ideas.  At the hearing for an injunction, they had reminded the Court of how attentive the national media press had been to their publicity about the settlement (115 national media outlets, and a hundred million viewers, they claimed); surely the media would continue to give them a platform.
</i></blockquote>
Hopefully the court is willing to recognize its mistake and vacate the injunction quickly.<br /><br /><a href="http://www.techdirt.com/articles/20130222/17250522074/court-forces-activist-objecting-to-questionable-class-action-settlement-to-shut-up-promote-settlement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130222/17250522074/court-forces-activist-objecting-to-questionable-class-action-settlement-to-shut-up-promote-settlement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130222/17250522074/court-forces-activist-objecting-to-questionable-class-action-settlement-to-shut-up-promote-settlement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wow</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130222/17250522074</wfw:commentRss>
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<pubDate>Mon, 14 Jan 2013 04:20:28 PST</pubDate>
<title>In Response To Aaron's Death: Don't Take Down, Build Up; Don't Attack, But Share</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml</link>
<guid>http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml</guid>
<description><![CDATA[ I've already written some basic <a href="http://www.techdirt.com/articles/20130113/00034721650/some-thoughts-aaron-swartz.shtml" target="_blank">thoughts</a> on the death of Aaron Swartz, and I know that more will be forthcoming, but within the justifiable anger out in the world over this turn of events, there are some reports suggesting that DDoS attacks <a href="http://techcrunch.com/2013/01/13/mit-edu-doj-gov-w3-gov-all-currently-down-following-investigation-into-swartz-tragedy/" target="_blank">took down MIT's website</a> and possibly other sites (though, reports of the Justice Department's website being taken down were wrong).  This happened soon after MIT <a href="http://www.theverge.com/2013/1/13/3873352/mit-announces-internal-investigation-into-its-role-in-aaron-swarzs" target="_blank">put out a statement</a> about Swartz, following the statement from Swartz's family that pointed a finger directly at MIT.
<br /><br />
The family had said:
<blockquote><i>
&#8220;Aaron&#8217;s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. Attorney&#8217;s office and at MIT contributed to his death.&#8221;
</i></blockquote>
In response, MIT's statement, by president L. Rafael Reif, was actually somewhat self-reflective, admitting that the university needed to look closely at its own role in the situation, and appointing professor Hal Abelson -- someone quite knowledgeable and active in many of the same causes as Aaron -- to lead the investigation.
<blockquote><i>
To the members of the MIT community:
<br /><br />
Yesterday we received the shocking and terrible news that on Friday in New York, Aaron Swartz, a gifted young man well known and admired by many in the MIT community, took his own life. With this tragedy, his family and his friends suffered an inexpressible loss, and we offer our most profound condolences. Even for those of us who did not know Aaron, the trail of his brief life shines with his brilliant creativity and idealism.
<br /><br />
Although Aaron had no formal affiliation with MIT, I am writing to you now because he was beloved by many members of our community and because MIT played a role in the legal struggles that began for him in 2011.
<br /><br />
I want to express very clearly that I and all of us at MIT are extremely saddened by the death of this promising young man who touched the lives of so many. It pains me to think that MIT played any role in a series of events that have ended in tragedy.
<br /><br />
I will not attempt to summarize here the complex events of the past two years. Now is a time for everyone involved to reflect on their actions, and that includes all of us at MIT. I have asked Professor Hal Abelson to lead a thorough analysis of MIT's involvement from the time that we first perceived unusual activity on our network in fall 2010 up to the present. I have asked that this analysis describe the options MIT had and the decisions MIT made, in order to understand and to learn from the actions MIT took. I will share the report with the MIT community when I receive it.
<br /><br />
I hope we will all reach out to those members of our community we know who may have been affected by Aaron's death. As always, MIT Medical is available to provide expert counseling, but there is no substitute for personal understanding and support.
With sorrow and deep sympathy,
<br /><br />
L. Rafael Reif
</i></blockquote>
I am sure that many will continue to criticize MIT for its actions in this mess -- and some criticism may be well deserved.  That said, MIT's response here is a step forward -- and hopefully it creates real change in how MIT handles such things in the future.  I think that there are many, many, many reasons to be furious about the Justice Department's actions in the Swartz case (and I felt that long before Swartz's death).  However, a DDoS attack on MIT or the DOJ or anyone else is exactly <i>the wrong message</i> to send concerning Aaron.  Yes, I was just <a href="http://www.techdirt.com/articles/20130111/08053821642/anonymous-launches-white-house-petition-saying-ddos-should-be-recognized-as-valid-form-protest.shtml">defending</a> the use of DDoS as a form of expression and protest, but this is <b>not</b> the kind of protest that serves Aaron's memory well.
<br /><br />
Aaron -- more than almost anyone else -- <b>did</b> stuff.  He <b>built</b> stuff and he <b>created</b> change.  Not by taking things down, but by building them up.  Not by attacking, but by sharing and informing and educating.
<br /><br />
Aaron's memory needs to be preserved, and his death will hopefully be a catalyst for many changes -- to the way the government prosecutes people, to the way computer hacking laws are used today, to the way copyright laws are used and much, much more.  But the way to do that is to do something proactive and <i>positive</i>.  The organization Aaron founded is called <a href="http://demandprogress.org/" target="_blank">Demand Progress</a>, and that's what we should be doing now.
<br /><br />
We should be looking for ways to <i>continue Aaron's work</i>, to build, to share, to create and to create change through sheer will of knowing what's right.
<br /><br />
So, don't participate in attacks or takedowns. Look for ways to build something up.  Create efforts to change problematic laws like the CFAA or copyright law.  Look for ways to share knowledge and expand our ability to learn and to educate each other.  Create ways for people to speak out and to enable everyone to do more. 
<br /><br />
That is the legacy that I believe Aaron would have wanted.  It will always be impossible to fill the void that Aaron's death has left in its wake -- but if it inspires each of us to do a little more, to create some positive change, to truly <i>demand progress</i> in the face of ridiculous odds, then <i>that</i> will be the testament to all that Aaron did for the world.<br /><br /><a href="http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-what-he-would-have-wanted</slash:department>
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<pubDate>Tue, 8 Jan 2013 09:56:39 PST</pubDate>
<title>Thank Joe Lieberman For YouTube Accidentally Censoring Key Syrian Watchdog's YouTube Channel</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130107/17051021601/thank-joe-lieberman-youtube-accidentally-censoring-key-syrian-watchdogs-youtube-channel.shtml</link>
<guid>http://www.techdirt.com/articles/20130107/17051021601/thank-joe-lieberman-youtube-accidentally-censoring-key-syrian-watchdogs-youtube-channel.shtml</guid>
<description><![CDATA[ Senator Joe Lieberman may finally be out of the Senate, but his "legacy" lives on.  Over the years, we've noted that he's regularly sought to censor technology that terrorists use, on the ridiculous theory that censorship somehow makes the terrorists disappear.  One of his campaigns, way back in 2008, was to <a href="http://www.techdirt.com/articles/20080519/1810061172.shtml">force YouTube</a> to magically censor videos from terrorists.  After putting a lot of public pressure on YouTube, the company caved.  And... as a result of that, it recently <a href="http://www.google.com/hostednews/afp/article/ALeqM5jedOi6lEjW6PMT5S_hKyVSy5Ys4A?docId=CNG.fab7c94f946bebfae761563b14b6aa98.2e1" target="_blank">shut down the video channel of an important Syrian watchdog organization</a> which had been posting video evidence of atrocities occurring in that country.  YouTube has apologized and reinstated the channel, but this is what happens when you encourage censorship.  It is impossible not to have it lead to censoring important speech.
<blockquote><i>
YouTube sent the Observatory an email on Sunday that said its channels "syrianhro" and "almrsd" had "violated the policy of the site by publishing shocking and offensive videos," the Britain-based watchdog said.
<br /><br />
The Observatory, which disseminates graphic videos on YouTube of atrocities from the bloody civil war the UN says has killed more than 60,000 people, condemned the closure.
<br /><br />
"This is the second time in two months that the site administration has closed the Syrian Observatory for Human Rights channel," it said in a statement, in reference specifically to almrsd.
</i></blockquote>
Of course, if we're to take Lieberman's theory to its logical conclusion, so long as no one can see the atrocities in Syria, we can all pretend they haven't happened, right?<br /><br /><a href="http://www.techdirt.com/articles/20130107/17051021601/thank-joe-lieberman-youtube-accidentally-censoring-key-syrian-watchdogs-youtube-channel.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130107/17051021601/thank-joe-lieberman-youtube-accidentally-censoring-key-syrian-watchdogs-youtube-channel.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130107/17051021601/thank-joe-lieberman-youtube-accidentally-censoring-key-syrian-watchdogs-youtube-channel.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>bet-that'll-stop-terror</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130107/17051021601</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 11 Dec 2012 03:05:00 PST</pubDate>
<title>Mozilla Helped To Stop SOPA In January, Now It's Worried About WCIT</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20121210/06543921321/mozilla-helped-to-stop-sopa-january-now-its-worried-about-wcit.shtml</link>
<guid>http://www.techdirt.com/articles/20121210/06543921321/mozilla-helped-to-stop-sopa-january-now-its-worried-about-wcit.shtml</guid>
<description><![CDATA[ Mike wrote how both Vint Cerf and Sir Tim Berners-Lee were <a href="https://www.techdirt.com/articles/20121204/18034921228/when-creators-both-internet-web-come-out-against-itu-shouldnt-you-too.shtml">concerned</a> about the outcome of the WCIT talks currently taking place in Dubai.  Those aren't the only important voices being raised. Here, for example, is the <a href="https://www.mozilla.org/en-US/ITU/">Mozilla Foundation</a>, the organization behind the Firefox browser and many other free software projects:

<i><blockquote>The Web lets us speak out, share, and connect around the things that matter. It creates new opportunities, holds governments to account, breaks through barriers, and makes cats famous. This isn't a coincidence. It's because the Web belongs to all of us: We all get a say in how it's built.
<br /><br />
Mozilla has made it our mission to keep the power of the web in people's hands. But all this could change on December 3.
<br /><br />
Our governments are going to meet in Dubai to decide whether an old treaty, the International Telecommunication Union, can be expanded to regulate -- to control -- the Internet.
<br /><br />
The issue isn't whether our governments, the UN, or even the ITU should play a role in shaping the Web. The problem is that they are trying to do it behind closed doors, in secret, without us.
<br /><br />
We believe everyone should have a voice. And this site is to help you be heard in Dubai.</blockquote></i>

As you can see, the Mozilla Foundation isn't just moaning about WCIT, it's giving people tools to help them engage with it -- despite the best efforts of the ITU to <a href="https://www.techdirt.com/articles/20121127/18051121165/dear-itu-complex-process-where-delegates-who-fly-to-dubai-can-lobby-is-not-transparency.shtml">shut out</a> the public.  As a blog post about <a href="https://blog.mozilla.org/blog/2012/11/29/the-itu-and-you/">Mozilla's position on WCIT</a> explains:

<i><blockquote>The resources we are making available today will give you everything you need to learn about the upcoming meeting and why it matters, craft an effective message to get your government to listen, and engage in the global conversation about how decisions about the future of the Web should be made.</blockquote></i>

Aside from this very practical help, Mozilla's move is important for another reason.  In the past, Mozilla has tended to avoid getting involved with issues that are as much political as technical.  The big exception was SOPA, when <a href="https://blog.mozilla.org/blog/2012/01/19/firefox-users-engage-congress-sopa-strike-stats/">it took part in the January 18 Blackout</a>, with impressive results:

<i><blockquote>Approximately 30 million people in the US who use the default start page in Firefox received the blacked out page with our call to action <br /><br />
We sent messages out to almost 9 million people via Facebook, Twitter and our Firefox + You newsletter <br /><br />
Our messages were retweeted, shared and liked by over 20,000 people (not counting MC Hammer&#8217;s tweet to his 2.4 million followers!) <br /><br />
1.8 million people came to mozilla.org/sopa to learn more and take action on the issue <br /><br />
600,000 went on to visit the Strike Against Censorship page, hosted by the EFF <br /><br />
Ultimately, 360,000 emails were sent by Mozillians to members of Congress, contributing a third of all the emails generated by EFF&#8217;s campaign site.</blockquote></i>

The action that it is taking over WCIT isn't quite so drastic, and so is unlikely to have such a big impact.  But the fact that Mozilla has once again cast aside it usual apolitical position to voice its concerns shows how great they are.
<p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20121210/06543921321/mozilla-helped-to-stop-sopa-january-now-its-worried-about-wcit.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121210/06543921321/mozilla-helped-to-stop-sopa-january-now-its-worried-about-wcit.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121210/06543921321/mozilla-helped-to-stop-sopa-january-now-its-worried-about-wcit.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>must-be-important</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121210/06543921321</wfw:commentRss>
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<item>
<pubDate>Fri, 7 Sep 2012 09:25:43 PDT</pubDate>
<title>Your Cynicism About Lobbyists Only Helps The Lobbyists Win</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120906/08153820301/your-cynicism-about-lobbyists-only-helps-lobbyists-win.shtml</link>
<guid>http://www.techdirt.com/articles/20120906/08153820301/your-cynicism-about-lobbyists-only-helps-lobbyists-win.shtml</guid>
<description><![CDATA[ Last month, I <a href="http://www.techdirt.com/blog/innovation/articles/20120810/02111919983/entrepreneurs-vcs-tell-white-house-to-focus-innovation-rather-than-ip-enforcement.shtml">posted the letter</a> I helped put together from a bunch of entrepreneurs to the US's Intellectual Property Enforcement Coordinator, Victoria Espinel, as a part of the open comment period on the most effective forms of copyright enforcement. One of the most frustrating responses I heard was "it doesn't matter, the law is bought and paid for already."  I can understand why many people feel that way, and it's absolutely undeniable that the entrenched entertainment industry interests have a very successful lobbying program that has a long history of success in getting the laws they want.  But such things are not set in stone, and can absolutely be overcome.
<br /><br />
Earlier this year, when <i>This American Life</i> did an hourlong episode on lobbying, there was one message that has really stuck with me: yes, lobbying has tremendous power in terms of its impact on Congress and the White House, <i>but votes will trump lobbying every single time</i>.  I can't remember which politician said it during the episode, but it was made clear: in the <i>absence</i> of the public speaking out on an issue, yes, the lobbyists will likely win.  But if the public is interested, no matter how much money is spent, the public will win, because the votes matter more than the lobbyists.  Always.
<br /><br />
I'd been meaning to write about this in response to the defeatism I saw after that letter, but Public Knowledge's Sherwin Siy beat me to it (and did it much better, since he's got a hell of a lot more experience on this front), pointing out that <a href="http://www.huffingtonpost.com/sherwin-siy/sopa-protests_b_1858094.html" target="_blank">the best way to fight big money politics is to speak out</a> and take part.  Yes, it may seem like the deck is stacked, and yes, the lobbyists have plenty of power -- but that power only works if the voting public stays quiet.
<br /><br />
In other words: <b>your cynicism only helps the lobbyists</b>.
<br /><br />
Trust me, I understand where that cynicism comes from, and there are significant problems with the way money works in politics today and just how corrupt the system often appears.  But, as Siy notes, all that money is a means to an end, and the end is to get re-elected (or elected in the first place).  And that means that votes -- and the people behind the votes -- can trump money in politics.  The larger problem is that we can't do that for any and every issue.  But saying that you shouldn't even bother to speak out at all is self-defeating.  It's automatically handing victory to the lobbyists.<br /><br /><a href="http://www.techdirt.com/articles/20120906/08153820301/your-cynicism-about-lobbyists-only-helps-lobbyists-win.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120906/08153820301/your-cynicism-about-lobbyists-only-helps-lobbyists-win.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120906/08153820301/your-cynicism-about-lobbyists-only-helps-lobbyists-win.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>too-much-cynicism</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120906/08153820301</wfw:commentRss>
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<pubDate>Fri, 1 Jun 2012 09:23:00 PDT</pubDate>
<title>Chinese Microblog Service Introduces Five-Strike Program To Block 'Rumors' And 'Evil Teachings'</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120601/03132419161/chinese-microblog-service-introduces-five-strike-program-to-block-rumors-evil-teachings.shtml</link>
<guid>http://www.techdirt.com/articles/20120601/03132419161/chinese-microblog-service-introduces-five-strike-program-to-block-rumors-evil-teachings.shtml</guid>
<description><![CDATA[ <p>In a country where the mainstream media is tightly controlled, Chinese microblogs have provided an invaluable way for millions of people to find and share unofficial information.  That's obviously problematic for the Chinese authorities, who have been gradually clamping down on what they term "rumors".  
</p><p>
Things came to a head recently when posts about an alleged political coup in the country appeared on leading microblog services Sina Weibo and Tencent Weibo, resulting in <a href="http://thenextweb.com/asia/2012/03/31/chinas-latest-crackdown-on-microblogs-sees-comment-feature-ban-after-coup-speculation/">both of them being punished</a> for failing to pull the rumors fast enough.  Now Sina, whose <a href="http://thenextweb.com/asia/2012/05/16/chinas-sina-weibo-passes-300m-registered-users-reveals-mobile-usage-is-higher-than-pc/">microblog service passed the 300-million user mark</a> recently, has instituted strict rules for users, presumably in an attempt to placate the Chinese government and head off future punishments.
</p><p>
Interestingly, <a href="http://cmp.hku.hk/2012/05/29/23624/">it is bringing in a variant of the "three-strikes" system</a> that has been so controversial in the West, as China Media Project explains:

<i><blockquote>According to the regulations, users logging more than 5 posts of "sensitive information" would be prevented from posting for 48 hours and have the relevant content deleted. Further, those users posting "sensitive content" with "malicious intent" would be prevented from posting for more than 48 hours and face the possibility of having their account terminated.</blockquote></i>

As The Next Web reports, <a href="http://thenextweb.com/asia/2012/05/28/chinese-microblog-service-sina-weibos-new-rules-and-punishment-system-go-live/">"sensitive information" covers a wide range of subjects</a>:

<i><blockquote>Users have the right to publish information, but may not publish any information that:
<br /><br />
1. Opposes the basic principles established by the constitution<br />
2. Harms the unity, sovereignty, or territorial integrity of the nation<br />
3. Reveals national secrets, endangers national security, or threatens the the honor or interests of the nation<br />
4. Incites ethnic hatred or ethnic discrimination, undermines ethnic unity, or harms ethnic traditions and customs<br />
5. Promotes evil teachings and superstitions<br />
6. Spreads rumors, disrupts social order, and destroys societal stability<br />
7. Promotes illicit activity, gambling, violence, or calls for the committing of crimes<br />
8. Calls for disruption of social order through illegal gatherings, formation of organizations, protests, demonstrations, mass gatherings and assemblies<br />
9. Has other content which is forbidden by laws, administrative regulations and national regulations.</blockquote></i>

Users of China's microblogging services have proved surprisingly adept at avoiding previous attempts to censor their messages.  For example, the blind Chinese human rights activist <a href="http://mashable.com/2012/04/30/china-dissident-search/">Chen Guangcheng was variously referred to as "blind man", "embassy", and "going into the light"</a> as Chinese authorities noticed and then blocked each coded reference in turn.  <a href="https://docs.google.com/document/d/1WG7TfsQLE6DiCSO2PCaSAdZc19xiojGRyZ2ORgU1oPE/edit?pli=1">The new regulations specifically forbid this kind of approach</a>:

<i><blockquote>It is not permitted to use oblique expression or other methods to get around the aforementioned restrictions</blockquote></i>

However, this probably just means that microblog users will become even more "oblique" in their techniques to route around the new forms of censorship.  Short of shutting down such services completely -- a move that would probably be dangerously unpopular now that so many people use them -- it's hard to see how the Chinese authorities can ever completely stamp out this kind of inventiveness.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120601/03132419161/chinese-microblog-service-introduces-five-strike-program-to-block-rumors-evil-teachings.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120601/03132419161/chinese-microblog-service-introduces-five-strike-program-to-block-rumors-evil-teachings.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120601/03132419161/chinese-microblog-service-introduces-five-strike-program-to-block-rumors-evil-teachings.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>Whac-A-Mole</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120601/03132419161</wfw:commentRss>
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<pubDate>Mon, 7 May 2012 22:01:00 PDT</pubDate>
<title>After SOPA And ACTA, Now TPP Starts To Fall Apart</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120504/03424318777/after-sopa-acta-now-tpp-starts-to-fall-apart.shtml</link>
<guid>http://www.techdirt.com/articles/20120504/03424318777/after-sopa-acta-now-tpp-starts-to-fall-apart.shtml</guid>
<description><![CDATA[ <p>What an extraordinary year this has been for Net activism.  After the great <a href="http://www.techdirt.com/articles/20120410/23092818446/historic-archive-websites-january-18th-sopa-blackout.shtml">SOPA blackout</a> led to SOPA and PIPA being withdrawn, and the <a href="http://www.techdirt.com/articles/20120203/01072617645/watch-out-widespread-protests-against-acta-spreading-across-europe.shtml">anti-ACTA street demonstrations</a> triggered a complete rethink by the European Parliament that may well result in a rejection of the treaty, now it seems that the Trans Pacific Partnership is falling to pieces.
</p><p>
Foreign Policy magazine, for example, has a feature entitled <em><a href="http://prestowitz.foreignpolicy.com/posts/2012/04/27/is_the_trans_pacific_partnership_foundering">Is the Trans-Pacific Partnership Foundering?</a></em>, where its author explains that a number of the smaller countries participating in the negotiations are starting to ask themselves whether there are any advantages in joining at all:

<i><blockquote>Of even more concern, however , is the sudden questioning by the Chileans of the value of the deal as presently being constituted. Chile had been considered a slam dunk supporter. So its raising of questions is a red flag danger signal. Beyond that it seems that the Malaysians are also questioning whether any benefits they may be getting are worth the trouble of further liberalization of their domestic economy. And just to put the icing on the cake, it is becoming ever clearer that the Vietnamese, whose economy resembles that of China with large segments controlled by state owned companies, are going to have great difficulty in actually meeting the high standards being proposed.</blockquote></i>

As Techdirt has reported, TPP has been negotiated in the <a href="http://www.techdirt.com/articles/20111018/05561916398/out-acta-ing-acta-all-tpp-negotiating-documents-to-be-kept-secret-until-four-years-after-ratification.shtml">utmost secrecy</a>, but now that word is finally leaking out about its provisions, <a href="http://www.huffingtonpost.com/2012/05/03/obama-trade-congress-buy-american_n_1475277.html">there is resistance building in the US</a>:

<i><blockquote>Although the deal, known as the Trans-Pacific Partnership, has received relatively little media attention in the United States, it has sparked international friction among consumer groups and environmental activists who worry that terms demanded by the Obama administration will eliminate important public protections. Domestically, however, the deal's primary source of political tension is from a portion that could ban "Buy American" provisions -- a restriction that opponents emphasize would crimp U.S. jobs.</blockquote></i>

That seems like a pretty significant issue.  After all, one of the supposed aims of the trade agreement is to remove such internal barriers to trade for all signatories.  But in an election year, President Obama will hardly want to be painted as someone who is sacrificing American jobs.
</p><p>
Even assuming this major contradiction is resolved somehow, and the other Pacific Rim countries don't decide to abandon the treaty altogether, TPP is still fundamentally flawed for the same reason that ACTA is flawed: <a href="http://www.techdirt.com/articles/20120308/09284118036/why-chances-china-joining-acta-tpp-are-practically-zero.shtml">China is not a signatory</a>.  And <a href="http://blogs.wsj.com/chinarealtime/2012/04/30/trans-pacific-partnership-is-a-waste-says-free-trader/?mod=WSJBlog">the idea that once TPP (or ACTA) is in place, China will suddenly rush to sign up is extremely unlikely</a>, for reasons that Arvind Subramanian, an expert in Chinese economic policy, explains:

<i><blockquote>"China would never agree to just fall in line with rules in the negotiations of which it has not participated," he writes in a policy brief.
<br /><br />
If China did agree to participate in the talks, it would have huge bargaining leverage. Better to have multilateral talks where China&#8217;s power is diluted by the addition of Brazil, Europe, India and others to the talks.
<br /><br />
A third possibility is that China comes to view the TPP as a hostile effort to "encircle" China economically. "TPP could thus provoke China into playing the regionalism game in a way that could fundamentally fragment the trading system," he writes.</blockquote></i>

However you look at it, TPP seems to be in serious trouble.  Coupled with the withdrawal of SOPA, and the possible rejection of ACTA, this represents a string of setbacks for copyright and patent maximalism that a year ago would have seemed impossible.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120504/03424318777/after-sopa-acta-now-tpp-starts-to-fall-apart.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120504/03424318777/after-sopa-acta-now-tpp-starts-to-fall-apart.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120504/03424318777/after-sopa-acta-now-tpp-starts-to-fall-apart.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-and-getting-better</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120504/03424318777</wfw:commentRss>
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<pubDate>Mon, 7 May 2012 14:48:00 PDT</pubDate>
<title>Pirate Party Wins Again In Germany</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120507/00072118797/pirate-party-wins-again-germany.shtml</link>
<guid>http://www.techdirt.com/articles/20120507/00072118797/pirate-party-wins-again-germany.shtml</guid>
<description><![CDATA[ It really appears that The Pirate Party is no fluke in Germany.  After winning <a href="http://www.techdirt.com/articles/20110919/02131516001/pirate-party-takes-9-vote-berlin-elections-wins-bunch-seats-parliament.shtml">9% of the vote</a> in the Berlin parliament elections, and then <a href="http://www.techdirt.com/articles/20120327/04241518255/german-pirate-party-scores-another-electoral-victory-gets-4-seats-state-parliament.shtml">7.4% in Saarland</a>, the party has now <a href="http://falkvinge.net/2012/05/07/pirate-party-wins-again-enters-another-parliament/" target="_blank">received 8.2% of the vote in Schleswig-Holstein</a>.  These are each local "state" elections, and there's another big one next week, in Northrhine-Westphalia, where they're apparently polling in a similar range.  It seems clear that The Pirate Party is certainly surpassing the German Green Party as the preeminent 3rd party -- and it seems to be having an impact.  As we noted, the Greens have tried to <a href="http://www.techdirt.com/articles/20111202/04293316952/pirate-party-effect-german-greens-scramble-to-draw-up-digital-policies-to-hold-to-voters.shtml">co-opt</a> much of the Pirate Party's agenda as their own, and Germany's major political parties have started to show a <a href="http://www.techdirt.com/articles/20111012/03282116319/members-germanys-main-political-parties-start-fair-copyright-initiative.shtml">much more reasoned</a> approach to copyright as well.
<br /><br />
And it's definitely getting increasing notice.  Last week, we <a href="http://www.techdirt.com/articles/20120502/10454118742/ny-times-notices-that-pirate-party-may-be-changing-politics.shtml">pointed to</a> an op-ed piece in the NY Times about the Pirate Party in Germany, and this week, they've followed it up with <a href="http://www.nytimes.com/2012/05/06/sunday-review/direct-democracy-2-0.html?_r=1&#038;pagewanted=all" target="_blank">a full article about the Party's success</a>, which also discusses how the Greens are frantically trying to convince the younger generation that they're cool, too:
<blockquote><i>
The Greens were once the insurgent activists on the political scene. Now founding members from the &#8217;68 generation have started collecting their pensions. A Green campaign poster with a cursor arrow pointing at a Facebook thumbs-up icon carried a whiff of desperation to keep up with the Pirates. 
</i></blockquote>
Of course, it's worth noting a point that's been left out in many of the discussions about the success of the German Pirate Party: Germany has some of the worst copyright laws around, especially on issues like secondary liability.  Perhaps those two things are linked... and perhaps those who keep pushing for more draconian enforcement of copyrights might want to take that into account.  There's little to no evidence that such laws do anything to slow down infringement, but it sure seems to make people respect copyright law even less.<br /><br /><a href="http://www.techdirt.com/articles/20120507/00072118797/pirate-party-wins-again-germany.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120507/00072118797/pirate-party-wins-again-germany.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120507/00072118797/pirate-party-wins-again-germany.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>momentum</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120507/00072118797</wfw:commentRss>
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<pubDate>Fri, 10 Feb 2012 10:33:00 PST</pubDate>
<title>SOPA Strikedown Aftermath: Old Media Cannot Tell The Narrative Of One Million People</title>
<dc:creator>Rick Falkvinge</dc:creator>
<link>http://www.techdirt.com/articles/20120207/01283517677/sopa-strikedown-aftermath-old-media-cannot-tell-narrative-one-million-people.shtml</link>
<guid>http://www.techdirt.com/articles/20120207/01283517677/sopa-strikedown-aftermath-old-media-cannot-tell-narrative-one-million-people.shtml</guid>
<description><![CDATA[ <p>As the political victory from the SOPA strikedown sinks in, reflections over old media's role take its place. We know that old media -- unidirectional media such as TV, newspapers, radio -- barely covered SOPA at all. We also know that this has political reasons, as their owners didn't want to draw attention to the issue. But even at the apex of the fightback, on January 18, old media barely mentioned what was happening. This is very noteworthy in itself.</p> 
<p>I can't see this in any other light than old media being <strong>conceptually unable</strong> to tell the narrative of millions of people fighting against a powerful few dozen. It's not just that they chose not to -- it's that their very construction makes it as impossible for them to communicate those events as it would be for a color-blind person to communicate the impressions of a blue-period Picasso.</p> 
<p>Old media, after all, is built on the premise of large organizations competing for resources; its narrative is dependent on pitting two powerful representatives against each other to portray their respective interests and let them battle it out in public. Old media consists of large corporations that can only portray conflicts between other large organizations.</p> 
<p>This established old media style, which focuses on the pretense of impartiality, has sometimes been called <strong><em>"he-said, she-said journalism,"</em></strong> pronounced with a small but well-deserved hint of disrespect.</p> 
<p><strong>The copyright monopoly industries had no problems producing a trained, charismatic debater who would probably win in any televised debate against a random person of one of the millions of activists. But in the end, it didn't matter: it was the millions that made the difference and won.</strong></p> 
<p>To put this in context, how did <em>we</em> see the SOPA debate play out, we who get our news on the net? We don't get our news from one source, but from hundreds, maybe thousands. You could easily model this as the cherry-picking of a typical newspaper -- I read a couple of political blogs, some comics, a couple of current affairs, eight real-time Twitter streams, and so on. The sum of it all could be made to resemble a newspaper on an ordinary day.</p> 
<p>But there is a crucial difference in the net's cross-communication between information sources. When all of our hundreds of different news sources start to converge around and resonate with each other on one single topic, as happened with SOPA, then all of us sense that immediately. <em>Immediately.</em></p> 
<p>Old media is not capable of communicating that sense of powerful resonance. You would not see a message of political urgency instead of your usual comics on the comic page, for instance. But on the net, that happened for us with <a href="http://theoatmeal.com/sopa">The Oatmeal</a> and <a href="http://xkcd.com/1005/">XKCD</a>. Old media, in contrast, have their predetermined length of news clips and page lengths, divided by topics, portraying conflicts as experts talking it out. Half a page for talking about foreign affairs, half a page for tax policy, another page for sports, then the weather. Old media can't resonate with the people when something is important.</p> 
<p>As it turns out, one expert talking on a small allocated space cannot represent one million concerned people -- a million who are leaderless to begin with, yet very organized and efficient anyway. Therefore, any attempt to frame this event in <em>he-said, she-said journalism</em> just falls flat on its face.</p> 
<p>For us, there is no such thing as a maximum length of an article. (We use recycled electrons anyway.) When we want to talk more on a subject, there are no frames and boundaries stopping us from doing so. This article, to give one example, could be the typical length of an average blog post. But it's quite a bit longer than the hard limit of an op-ed piece.</p> 
<p><strong>There are two important things to learn from this: We don't need old media to tell our story to succeed, and we're able to tell the story ourselves. This, if anything, is what should have old media really worried.</strong></p> 
<p>For not only did old media fail in narrating the story, for political reasons and for capability reasons; they also failed in keeping their audience captive and preventing the story from being narrated anyway.</p> 
<p>Narrated by us. All of us.</p> 
<p>When a million people talk to their friends, family, and colleagues about a subject, that wins outright over any narrative that old media is trying to portray. That collective of a million people is able to coordinate discoveries and stories between them with an efficiency that makes them run in circles against any attempt to control the available information.</p> 
<p>(This is how most Pirate Parties operate, by the way, and this is also the basis for swarm organization theory.)</p> 
<p>As a project manager, one thing I've learned is that you can never be reliant on an element that is completely outside of your control for your project to succeed; if so, your plan is broken. Old media, up until now, was such an element. No longer. While they can certainly assist, they are no longer necessary for saving the net and our values.</p> 
<p>In summary, we learned that this was the first sign of old media becoming&#8230; <em>irrelevant</em>, is probably the right word. Irrelevant for things that really <em>matter.</em></p> 
<p><em>Rick Falkvinge is the founder of the Swedish and first Pirate Party. Follow him as <a href="http://twitter.com/Falkvinge">@Falkvinge</a> on Twitter, read his <a href="http://falkvinge.net/">private blog</a>, or get him for <a href="http://falkvinge.net/keynotes/">a keynote</a>.</em></p><br /><br /><a href="http://www.techdirt.com/articles/20120207/01283517677/sopa-strikedown-aftermath-old-media-cannot-tell-narrative-one-million-people.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120207/01283517677/sopa-strikedown-aftermath-old-media-cannot-tell-narrative-one-million-people.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120207/01283517677/sopa-strikedown-aftermath-old-media-cannot-tell-narrative-one-million-people.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>extra-extra-read-all-about-it</slash:department>
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<pubDate>Fri, 10 Feb 2012 05:30:04 PST</pubDate>
<title>Big News: Germany Says It Won't Sign ACTA [Update: ... Yet]</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120210/05215917729/big-news-germany-says-it-wont-sign-acta-update-yet.shtml</link>
<guid>http://www.techdirt.com/articles/20120210/05215917729/big-news-germany-says-it-wont-sign-acta-update-yet.shtml</guid>
<description><![CDATA[ Okay, things just got serious over ACTA.  In our post <a href="http://www.techdirt.com/articles/20120209/13525017717/latvia-joins-countries-putting-brakes-acta-approval.shtml">on Latvia bailing</a> on signing ACTA, we noted that in joining with Poland and the Czech Republic, these were still much smaller European states, and unlikely to have too much of an impact.  But... now comes the <i>really</i> surprising news that <a href="http://translate.google.com/translate?sl=auto&tl=en&js=n&prev=_t&hl=en&ie=UTF-8&layout=2&eotf=1&u=http%3A%2F%2Fwww.heise.de%2Fnewsticker%2Fmeldung%2FDeutschland-unterzeichnet-ACTA-vorerst-nicht-1432504.html" target="_blank">Germany has decided that it won't sign</a>.  Germany, of course, is the largest EU economy.  Details are sparse, but even though the country had earlier agreed that it <i>would</i> sign it, the Foreign Office has apparently revoked that decision and will not sign the agreement...  We'll update more later as more details come in.  However, <i>this</i> is big news and could really stop ACTA. <b>Update</b>: Another source on this suggests that Germany is saying that it is <a href="http://www.spiegel.de/netzwelt/netzpolitik/0,1518,814307,00.html" target="_blank">putting its plan to sign on hold</a>, but may sign later.  It had intended to sign soon, but is now going to wait until the EU Parliament decides how it wants to go.  So they haven't dropped ACTA entirely, but this definitely shows that the protests are worrying politicians.<br /><br /><a href="http://www.techdirt.com/articles/20120210/05215917729/big-news-germany-says-it-wont-sign-acta-update-yet.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120210/05215917729/big-news-germany-says-it-wont-sign-acta-update-yet.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120210/05215917729/big-news-germany-says-it-wont-sign-acta-update-yet.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wowsers</slash:department>
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<pubDate>Wed, 8 Feb 2012 03:25:21 PST</pubDate>
<title>People Realizing That It Wasn't Google Lobbying That Stopped PIPA/SOPA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120207/03304417679/people-realizing-that-it-wasnt-google-lobbying-that-stopped-pipasopa.shtml</link>
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<description><![CDATA[ We've been pointing out for a few weeks now just how ridiculous the narrative is that it was "Google lobbying" that stopped SOPA and PIPA from moving forward.  Having been involved in much of what happened, I <i>know</i> that it really was much more about the internet rising up and speaking out.  Thankfully, the press reports are starting to reflect that reality.  IDG reporter Grant Gross recently had a pretty thorough <a href="http://www.macworld.com/article/165221/2012/02/who_really_was_behind_the_sopa_protests.html" target="_blank">breakdown of what happened and how it happened</a> that is pretty accurate from what I saw.  It notes, in true internet fashion, that while there was coordination, there was no top-down effort -- and the "big tech companies" that Hollywood and other SOPA/PIPA supporters want to blame actually came pretty late to the party.  Nearly all of the efforts were driven by various grassroots groups or communities (especially Reddit), who took matters into their own hands and decided to pinpoint certain days to focus on.  There was plenty of coordination among the different groups, but it really was a very, very loose coalition, where ideas would bubble up, and some would jump onto them while others would float by.  If people want to understand how it happened, focusing on the big tech companies would be the exact wrong place to look.
<br /><br />
Meanwhile, Leslie Harris from CDT (who was among those who participated in the effort) has written an interesting article for ABC News that pulls out <a href="http://abcnews.go.com/Technology/pipa-sopa-online-tsunami-draft-future/story?id=15500925#.TzA2ssVA9S0" target="_blank">many of the key lessons from the SOPA/PIPA fight</a>... starting with the fact that this wasn't a top-down operation driven by Google or any other party.
<blockquote><i>
Rather, the protest was decentralized and organic. The tsunami of opposition transcended political divides, with extensive participation from individuals and groups on both the left and the right. It was driven by a commonality of interest in the continued vitality of social networking and "user-generated content" sites &#8211; an interest broadly and actively shared by both rank-and-file Internet users and the technology innovation community (entrepreneurs, venture capitalists, technology companies, bloggers, established Internet advocacy groups like CDT and Public Knowledge and savvy new online grassroots organizations).
<br /><br />
Those social networking tools enabled that common interest to be harnessed to the common purpose of defeating PIPA and SOPA. This online uprising was not a "tactic". MPAA Chairman Christopher Dodd told the New York Times that "one of the lessons learned" during this event is that the 2-plus million people working in the film industry "need to pipe up," as the Times put it. But Internet users are not "astroturf" and the notion that next time the content community just needs to get its own Internet campaign is entirely the wrong message to take away from this seminal event.
</i></blockquote>
Harris' piece goes on to make some other key points:
<ul>
<li> The dramatic online mobilization carries lasting implications for Internet policy.
</li><li> A more cautious approach requires a more open process. 
</li><li> Ignorance about how the Internet works is no longer an option. 
</li><li> Overreaching Internet-related legislation is no longer a successful strategy.
</li><li> The Internet community is borderless, and the whole world will be watching.
</li></ul>
I think there are many lessons to be learned from what happened over the past few months, but if you're trying to understand it, these are a good place to start.<br /><br /><a href="http://www.techdirt.com/articles/20120207/03304417679/people-realizing-that-it-wasnt-google-lobbying-that-stopped-pipasopa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120207/03304417679/people-realizing-that-it-wasnt-google-lobbying-that-stopped-pipasopa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120207/03304417679/people-realizing-that-it-wasnt-google-lobbying-that-stopped-pipasopa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>about-time</slash:department>
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<pubDate>Wed, 18 Jan 2012 16:36:42 PST</pubDate>
<title>Yet More Collateral Damage From SOPA/PIPA: Activism Through Satire</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120118/07560017452/yet-more-collateral-damage-sopapipa-activism-through-satire.shtml</link>
<guid>http://www.techdirt.com/articles/20120118/07560017452/yet-more-collateral-damage-sopapipa-activism-through-satire.shtml</guid>
<description><![CDATA[ <p>Among the many high-profile organizations that are joining the SOPA blackout today is Greenpeace.  That's great, except that you can't read an important post on the Greenpeace UK web site about why it is opposing SOPA and PIPA (it should be available at 5 pm PST from the <a href="http://www.greenpeace.org.uk/stop-sopa/">home page</a> or <a href="http://www.greenpeace.org.uk/blog/about/sorry-youre-not-allowed-read-internet-censorship-threatens-activism-20120117">here</a>.)
</p><p>
Quite naturally Greenpeace looks at the SOPA/PIPA legislation from the perspective of an extremely successful activist organization &#8211; and it doesn't like what it sees.  That's because of the way it works against some of the biggest and most powerful businesses in the world - by turning their own words and brands against them: 

<i><blockquote>We use corporations' own language, their own marketing, their own strength against them - which is sometimes the only way that an entirely supporter-funded operation like ours can afford to put a spotlight on the negative side of their operations.
<br /><br />
Thing is, while court case after court case has agreed with us that parody is a protected form of free speech, the corporations at the pointy end of our parodies tend to disagree. Exxon/Esso took us to court in France over alleged copyright infringement of their logo when we launched a campaign against them:
<br /><br />
Esso said we were in violation of their intellectual property rights. We said it was free speech. The court agreed with us, and in an historic decision, <a href="http://www.greenpeace.org/international/en/news/features/greenpeace-wins-against-oil-gi/">we won</a>. But had that decision been left to Exxon/Esso, we would have been shut down.
<br /><br />
Nestl&eacute;'s Kit Kat brand famously failed when it attempted to have <a href="http://www.youtube.com/watch?v=VaJjPRwExO8">our spoof video</a> featuring its brand - and critical of their support for rainforest destruction - removed from YouTube for trademark violation. Hundreds of our supporters reposted the video on other sites and their own Facebook profiles.</blockquote></i>

Greenpeace certainly isn't alone in deploying mockery online to needle companies about the things they'd rather keep quiet: it's particularly effective for smaller groups that can't afford expensive, conventional campaigns.  But such satire frequently depends upon using authentic elements from the marketing materials of the organizations they tackle.  The extremely broad framing of SOPA/PIPA means that the large, well-lawyered enterprises of the world will have powerful new weapons for suppressing this kind of protest by claiming that their intellectual property is being harmed as a result.
</p><p>
The penalties are so disproportionate &#8211; losing access to the main payment systems would cripple any supporter-funded group &#8211; that few would take the chance of having SOPA/PIPA invoked against them. The end result would be more cautious, less exciting &#8211; and less successful &#8211; campaigns in the future.  Small wonder, then, that no multinationals outside the Internet industry have come out against SOPA or PIPA.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120118/07560017452/yet-more-collateral-damage-sopapipa-activism-through-satire.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120118/07560017452/yet-more-collateral-damage-sopapipa-activism-through-satire.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120118/07560017452/yet-more-collateral-damage-sopapipa-activism-through-satire.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>you-can't-say-that</slash:department>
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<pubDate>Mon, 16 Jan 2012 18:58:00 PST</pubDate>
<title>SOPA/PIPA: How Far We've Come; How Far We Need To Go</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120116/14480017423/sopapipa-how-far-weve-come-how-far-we-need-to-go.shtml</link>
<guid>http://www.techdirt.com/articles/20120116/14480017423/sopapipa-how-far-weve-come-how-far-we-need-to-go.shtml</guid>
<description><![CDATA[ On October 26th, I was flying from San Francisco to Washington DC to meet with folks in the House of Representatives to explain why they should be careful about making the same mistakes as the Senate with its anti-piracy bill, PROTECT IP (PIPA).  We had been assured by Rep. Bob Goodlatte that Congress had heard the myriad complaints about PIPA and that the House version would take them into account.  Instead, as the plane I was on flew over the Rocky Mountains, I started getting a flood of emails from people sending me the first release of the House's version of the bill, now known as SOPA (originally, the E-PARASITE bill, a name they dropped immediately when everyone started mocking it).  Thanks to the wonderful innovation of WiFi-in-the-sky, I was able to sit in my cramped seat, read the bill, and write up my <a href="http://www.techdirt.com/articles/20111026/12130616523/protect-ip-renamed-e-parasites-act-would-create-great-firewall-america.shtml">horrified post</a> explaining just how much <i>worse</i> SOPA was than PIPA (an already disastrous bill).
<br /><br />
The next day, October 27th, a small group of entrepreneurs, investors, innovators and creators spent the day meeting with members of Congress to express our concerns about the bill (which we'd just seen the afternoon before), as well as the whole approach to the crafting of both bills.  The one thing we heard over and over again that day: "well this is the first time we've heard anything about this from the internet community."
<br /><br />
I think it's safe to say that's no longer the case.
<br /><br />
As I type this, I'm taking that same flight, preparing for my <a href="http://www.netcaucus.org/conference/2012/piracy.shtml" target="_blank">debate tomorrow over these bills</a> against an MPAA representative and a US Chamber of Commerce representative, I'm sitting in that same cramped seat (actually, I think I'm on the opposite side of the plane), and thinking just how far we've come in just three and a half months.
<br /><br />
Make no mistake: when the Senate introduced PIPA in May, it was widely assumed that this bill, and any companion bill would sail through Congress easily.  Sure, some "tech-friendly" officials may express some concerns, but, as one lobbyist told me directly, "no one takes you people seriously anyway."  It was this kind of hubris that we saw throughout the year with these bills.  We were told repeatedly to shut up and take it, because the bills were going to pass, Obama would sign them, and piracy would magically disappear.
<br /><br />
Instead, a funny thing happened on the way to the death of the internet: <b>the internet woke up</b>.  While folks online may be political, it's not often that they truly get activated over internet-related issues.  But in an era of bottom-up movements facilitated online, the timing was absolutely right for the massive groundswell of support from all corners of the internet to suddenly speak out in near unison to say of these bills: DO NOT WANT.
<br /><br />
<b>Still more to do:</b>
<br /><br />
At this point, it's impossible to deny that we, as a group, have had an impact.  Contrary to the claims of some of the bill's supporters, we showed that this isn't just a "Google" issue.  This is an internet issue.  And we care about the internet and we care about innovation, and we're not going to take it lightly when elected officials, who <i>admit</i> they don't understand the technology, come along to say they're going to mess with it, just because their biggest campaign donors don't want to adapt to these wonderful new innovations.
<br /><br />
But, not everyone in Congress has an understanding of what's happening online.  Even with Reps. and Senators backing away from the bills, and asking leadership to slow things down... and even with Rep. Smith and Senator Leahy trying to "delay" the DNS implementation in order to get the bills passed... some in Congress still think that the outcry is minor or limited or that it's all Google.
<br /><br />
That's why Harry Reid intends to <a href="http://www.techdirt.com/articles/20120116/02442717414/harry-reid-says-hes-concerned-pipa-will-break-internet-we-must-move-forward-with-it-because-jobs.shtml">move forward</a> with the bill, pretending that the complaints only come from Google and Facebook... and that they're minor and easily fixed with a couple of amendments.  I believe he's misjudged the internet, just as many others in Congress have misjudged the internet over the last few months.  The people speaking out are not just "Google and Facebook," and they're not just speaking out for the hell of it.  They're seriously pissed off at Congress for even thinking of going down this path in the first place, and simply killing the bills is unlikely to get the people online back on their side.
<br /><br />
But there's a bigger point in the "more to do" section of this post.  This isn't about one bill.  This isn't about one issue.  This is about an entire process.  This is about the public -- not the big corporations -- finally saying "enough is enough" and making Congress recognize that crony capitalism, where subsidies and protectionism are doled out willy nilly to favorite campaign contributors, is not acceptable to the people they're supposed to represent.
<br /><br />
This is about recognizing that the <i>internet</i> and the massive amount new innovation and services -- and the worldwide ability to <i>communicate</i> with others -- is a game changing innovation for everyone.  And we're going to work damn hard to make sure that it remains open and free.
<br /><br />
But, to do that right, this is going to take much more than stopping one bill.  This is going to take prolonged effort.  This is going to take an ongoing effort to make it clear that no elected official can ever again feel comfortable <a href="http://www.techdirt.com/articles/20111216/12082717110/dear-congress-its-no-longer-ok-to-not-know-how-internet-works.shtml">bragging</a> that they don't understand the internet, as they seek to regulate it.  This is about making it 100% crystal clear to those who seek to clamp down on the true engine of free expression -- the internet -- that we, the people, aren't going to be fooled with bogus claims and bogus stats in an effort to limit this wonderful platform.
<br /><br />
This isn't over yet -- not by a long shot.  But just look at how far we've come in just three and a half months, and think what we'll do in the next few months -- and years -- ahead.  These bills tried to kill the "internet as we know it."  But, in some ways, these bills helped birth a new kind of internet: one that doesn't let Congress screw it up without taking action.<br /><br /><a href="http://www.techdirt.com/articles/20120116/14480017423/sopapipa-how-far-weve-come-how-far-we-need-to-go.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120116/14480017423/sopapipa-how-far-weve-come-how-far-we-need-to-go.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120116/14480017423/sopapipa-how-far-weve-come-how-far-we-need-to-go.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>not-over-yet</slash:department>
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<pubDate>Thu, 22 Dec 2011 14:25:38 PST</pubDate>
<title>SOPA Supporters Learning (Slowly) That Pissing Off Reddit Is A Bad Idea</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111222/13292217173/sopa-supporters-learning-slowly-that-pissing-off-reddit-is-bad-idea.shtml</link>
<guid>http://www.techdirt.com/articles/20111222/13292217173/sopa-supporters-learning-slowly-that-pissing-off-reddit-is-bad-idea.shtml</guid>
<description><![CDATA[ There's been a lot of talk in the past few days about the companies supporting SOPA.  As we've noted, it's pretty damn difficult to find too many individuals who like SOPA (or PROTECT IP), but there are a fair number of companies who might find it advantageous to be able to cause all sorts of problems for foreign competition.  There are a few lists floating around of SOPA supporters, but Andrew Couts has put together a <a href="http://www.digitaltrends.com/opinion/the-439-organizations-sopa-opponents-should-worry-about/" target="_blank">big list of 439 organizations</a> culled both from the Judiciary Committee's website and the letter sent by the US Chamber of Commerce in support of the law.
<br /><br />
We'd noted that there was some <a href="http://www.techdirt.com/articles/20111123/01314616881/tech-companies-getting-called-out-supporting-pipasopa.shtml">backlash</a> towards companies supporting SOPA, but as more and more people recognize how bad these laws are, it's getting more attention.  Add to that the awesome power of Reddit... and the whole thing has kicked into overdrive.
<br /><br />
Enemy number one on the list appears to be GoDaddy, with Redditor's <a href="http://www.reddit.com/r/politics/comments/nmnie/godaddy_supports_sopa_im_transferring_51_domains/" target="_blank">organizing a day (Dec. 29th) for GoDaddy customers to transfer their domains away from the registrar</a>.  We've discussed GoDaddy's bizarre support for the law in the past -- including the fact that, under the original definitions of SOPA, GoDaddy itself <a href="http://www.techdirt.com/articles/20111029/07003216560/go-daddy-supports-e-parasite-legislation-even-though-its-own-site-is-dedicated-to-theft-property-under-terms-bill.shtml">qualified as a "rogue site"</a> since it recommended people buy domains violating the trademarks of lots of big companies.  Of course, it's also notable that GoDaddy recently hired a top lawyer... whose previous job was in "IP enforcement" for the federal government.
<br /><br />
GoDaddy doesn't quite seem to know how to deal with the rising backlash on Reddit, and has (somewhat bizarrely) <a href="http://support.godaddy.com/godaddy/go-daddys-position-on-sopa/" target="_blank">reissued two previous statements</a> about SOPA.  The first was what it wrote when the bill first came out, and the second was its filing for the original (November 15th) Judiciary Committee hearings on SOPA.   Neither of these statements address the concerns of the folks on Reddit and appear to be very much a "talk to the hand!" response to the Reddit community.  I would suggest that this may not have been the keenest strategic move on the part of GoDaddy.  And it's not just small domain holders.  Ben Huh, CEO of the infamous (and awesome) Cheezburger network of sites is <a href="http://thenextweb.com/insider/2011/12/22/cheezburger-ceo-threatens-to-yank-1000-domains-from-godaddy-over-sopa-support/" target="_blank">promising to move all 1,000+ of his domains</a> off of GoDaddy unless it changes its position on SOPA. 
<br /><br />
Others on the list of supporters are starting to feel the wrath of Reddit for supporting SOPA as well.  3M, who has been a <a href="http://www.reddit.com/r/SOPA/comments/njzzp/3m_company_who_makes_postit_notes_takes_sopa/" target="_blank">strong supporter</a> is discovering that their customers are not pleased:
<center>
<a href="http://i.imgur.com/T4KPo.png" target="_blank"><img src="http://i.imgur.com/T4KPo.png" width=450/></a>
</center>
Others are starting to feel similar pressure.  It wouldn't surprise me to see some of the companies start backing down.  In fact, we're already hearing that some of the companies on the list (especially the law firms) have no idea how they got on the list in the first place.  Some of the law firms may have clients who support the law, but that's a big difference from actually supporting the law themselves.
<br /><br />
On top of that, the backlash is coming out in other ways as well.  Paul Graham, the founder/head of YCombinator (where Reddit was first incubated) has announced that he will <a href="http://techcrunch.com/2011/12/22/paul-graham-sopa-supporting-companies-no-longer-allowed-at-yc-demo-day/" target="_blank">bar employees from any of those companies</a> from attending YCombinator's famed Demo Days.  For those in the Silicon Valley/entrepreneurship/startup world, you know that YCombinator Demo Days are <i>a big deal</i>.  It's where all sorts of amazing new stuff gets launched, and big deals are made.  Barring SOPA supporters from that event can really hurt those companies.  Graham made himself clear:
<blockquote><i>
 Several of those companies send people to Demo Day, and when I saw the list I thought: we should stop inviting them. So yes, we&rsquo;ll remove anyone from those companies from the Demo Day invite list.
</i></blockquote>
He's apparently told the people in charge of Demo Day invites not to allow anyone from those lists.  "I don&rsquo;t know exactly which companies had people on the list.  But I know which will now: none of them."  He furthermore told TechCrunch that he'll recommend YCombinator startups not take investment money from any of those companies too: "If these companies are so clueless about technology that they think SOPA is a good idea, how could they be good investors?"
<br /><br />
Either way, what's becoming clear is that even if some companies support the law, it's not because it's good for their customers.  It's precisely the opposite.  It's because it'll be useful as a protectionist law to stomp out competition or to protect against having to adapt to innovation.  In the past, consumers might not have paid attention, but thanks to efforts like what Reddit and others (Tumblr, Wikipedia, etc.) are doing, it seems like those consumers are starting to speak up and make themselves heard.  And the end result is going to be bad for business for the companies supporting SOPA.<br /><br /><a href="http://www.techdirt.com/articles/20111222/13292217173/sopa-supporters-learning-slowly-that-pissing-off-reddit-is-bad-idea.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111222/13292217173/sopa-supporters-learning-slowly-that-pissing-off-reddit-is-bad-idea.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111222/13292217173/sopa-supporters-learning-slowly-that-pissing-off-reddit-is-bad-idea.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-mess-with-reddit</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111222/13292217173</wfw:commentRss>
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<pubDate>Thu, 17 Mar 2011 03:18:17 PDT</pubDate>
<title>Study Suggests That The Internet Makes Youth 'More Engaged Citizens'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110311/00395613436/study-suggests-that-internet-makes-youth-more-engaged-citizens.shtml</link>
<guid>http://www.techdirt.com/articles/20110311/00395613436/study-suggests-that-internet-makes-youth-more-engaged-citizens.shtml</guid>
<description><![CDATA[ Following on our recent post discussing Clay Shirky's views concerning social media's role in helping to <a href="http://www.techdirt.com/articles/20110308/10082613400/just-because-population-isnt-politically-active-now-doesnt-mean-they-cant-become-politically-active-quickly.shtml">politicize</a> people who were formerly not all that interested in politics, <a href="https://twitter.com/#!/Shocklee/statuses/45846424285487104" target="_blank">Shocklee</a> points us to news of a recent study that has found, indeed, that high school students who use the internet to research key interests "were more likely to become involved in 'civic and political issues.'"  And it appears that this greater involvement goes beyond just posting about it online, but really becoming more involved in certain causes.  This seems to counter the claims of some that online interest in civil and political issues is more just people screaming in front of their computers.  It actually does seem to have a real impact.<br /><br /><a href="http://www.techdirt.com/articles/20110311/00395613436/study-suggests-that-internet-makes-youth-more-engaged-citizens.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110311/00395613436/study-suggests-that-internet-makes-youth-more-engaged-citizens.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110311/00395613436/study-suggests-that-internet-makes-youth-more-engaged-citizens.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-a-good-thing,-right?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110311/00395613436</wfw:commentRss>
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<pubDate>Mon, 4 Jan 2010 15:44:31 PST</pubDate>
<title>How China's Attempts To Censor The Internet Are Failing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100104/0351017578.shtml</link>
<guid>http://www.techdirt.com/articles/20100104/0351017578.shtml</guid>
<description><![CDATA[ Just as Bono is claiming that the world should look to <a href="http://www.techdirt.com/articles/20100104/0038197573.shtml">China's success</a> in censoring the internet as a good example of how other countries can fight unauthorized internet file sharing, the Wall Street Journal is reporting on <a href="http://online.wsj.com/article/SB126220137567110673.html" target="_blank">just how badly China's "war" against the internet is going</a>, noting that the more it tries to censor, the more trouble it's having in doing so:
<blockquote><i>
The Internet has enabled more Chinese to have more access to information today, and given them greater ability to communicate and express themselves than at any time since the founding of the People's Republic.
</i></blockquote>
Because of that, even as China tries to crack down, it simply leads to more people figuring out ways around the barriers:
<blockquote><i>
But for each critic the authorities stop, more rise. "There are simply too many people," says Xiao Qiang, a scholar who studies the Chinese Internet at the University of California at Berkeley. "They can do that to a very small group ... but the approach certainly is not good enough to intimidate all the voices online."
<br /><br />
Mr. Xiao points to the example of Liu Xiaobo, detained in December 2008 for his role in creating Charter 08, a sweeping call for political and legal reform in China. Mr. Liu was sentenced on Christmas Day to 11 years in prison for subversion. But since his detention, thousands more Chinese have signed Charter 08 through Internet sites that disseminate the document.
</i></blockquote>
That's not to say that the government hasn't become good at cracking down on things it doesn't like, and the article certainly notes just that the government is "losing," not that it has "lost."  However, it also points out that rising voices of complaints are having an impact, noting how China's "Green Dam" plan to install internet filters on all PCs was eventually stopped due to public protest over the idea.  So, yes, the government has continued to censor the internet in China, and many users have more trouble reaching certain sites or types of information, but that does not mean that internet censorship works or that it's been successful in suppressing opposition content and discussion online.  No matter what Bono believes.<br /><br /><a href="http://www.techdirt.com/articles/20100104/0351017578.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100104/0351017578.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100104/0351017578.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-try</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100104/0351017578</wfw:commentRss>
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<pubDate>Tue, 23 Dec 2008 21:21:00 PST</pubDate>
<title>Blocking Adwords Activism Using Trademark Law</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081222/0307243190.shtml</link>
<guid>http://www.techdirt.com/articles/20081222/0307243190.shtml</guid>
<description><![CDATA[ Lawsuits involving companies upset at competitors buying Google Adwords based on their names have been covered to death, with a variety of court rulings (some good, some awful) over the years.  In part due to all this legal activity, Google has cut back on some of what's allowed -- specifically limiting the use of trademarked names from others within an ad if the trademark holder complains.  This likely goes well beyond what the law requires.  For example, trademark law has always allowed the use of competitive names for comparison purposes.  That is, Pepsi can say: "compare Pepsi to Coca-Cola!" and it's not a violation of Coca-Cola's trademark.  But, with Google's policy in place, Pepsi can't use that as an ad if Coca-Cola complains.
<br /><br />
Unfortunately, that can make things tricky for activists trying to highlight activities by certain companies.  <a href="http://techliberation.com/2008/12/18/googles-lopsided-trademark-policy/">Jim Harper</a> points us to  Chris Soghoian's <a href="http://news.cnet.com/8301-13739_3-10122713-46.html" target="_new">detailed analysis of this situation</a>, where AT&#038;T has been able to block ads from AT&#038;T critics, because they happen to use AT&#038;T's name in their ads.  That's pretty clearly an abuse of trademark law, as it was never intended for such things.  Of course, Google, as a private company, is free to do whatever it wants, and in this case it's clearly trying to minimize lawsuits -- but it is a bit troubling that the end result of this policy is to allow trademark law to be misused to block activist speech.<br /><br /><a href="http://www.techdirt.com/articles/20081222/0307243190.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081222/0307243190.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081222/0307243190.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hardly-what-trademark-is-for</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081222/0307243190</wfw:commentRss>
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<pubDate>Tue, 9 Dec 2008 01:49:13 PST</pubDate>
<title>Is Emailing Professors About School Schedule Changes Spam?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081207/1933013048.shtml</link>
<guid>http://www.techdirt.com/articles/20081207/1933013048.shtml</guid>
<description><![CDATA[ One of the biggest problems with any kind of regulations concerning "spam" is that people define it very differently -- with the core definition tending to be <a href="http://www.techdirt.com/articles/20030829/1329259.shtml">"anything I don't like"</a> which is rather difficult to reduce into written regulation.  That problem seems to be cropping up at Michigan State, where a student is being disciplined for <a href="http://news.cnet.com/8301-13578_3-10114646-38.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_new">spamming the faculty</a>.  The student was upset about a plan to shorten the 2009 fall semester, and sent emails to 391 faculty members, alerting them to the planned change, and pointing out how it could impact their syllabi and schedules.  Apparently one out of the 391 professors complained about this as spam, and the school notes that its rules say email to more than 30 people is considered spam (the <a href="http://lct.msu.edu/guidelines-policies/bulkemail.html">actual policy</a> seems to leave some wiggle room, but not much).
<br /><br />
While you could see how professors would get annoyed if they were constantly bombarded by students supporting different causes asking for help, it's still difficult to see how this particular use of the email system really counts as spam.  Some are pointing out that, since Michigan State is a public university, it needs to protect students' free speech rights -- and disciplining this student goes against those rights.  Overall, the fear should be that this sort of disciplinary process acts as a hindrance to public participation among students.  If actually trying to get out the word on an issue, by sending emails to the folks who are impacted, is likely to get them disciplined, then won't people start to think twice before even bothering?  Is that the message Michigan State is trying to send to its students?<br /><br /><a href="http://www.techdirt.com/articles/20081207/1933013048.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081207/1933013048.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081207/1933013048.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>whatever-you-don't-like-is-spam</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081207/1933013048</wfw:commentRss>
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<pubDate>Fri, 19 Oct 2007 10:37:23 PDT</pubDate>
<title>Old Fogeyism Isn't That Surprising</title>
<dc:creator>Timothy Lee</dc:creator>
<link>http://www.techdirt.com/articles/20071012/155623.shtml</link>
<guid>http://www.techdirt.com/articles/20071012/155623.shtml</guid>
<description><![CDATA[ Last week Thomas Friedman penned a <a href="http://www.nytimes.com/2007/10/10/opinion/10friedman.html?ex=1349668800&#038;en=5e873d3a6afc7378&#038;ei=5090&#038;partner=rssuserland&#038;emc=rss">silly column</a> claiming that Internet-based activism doesn&#39;t &quot;count&quot; as real political engagement. &quot;Activism can only be uploaded, the old-fashioned way &mdash; by young voters speaking truth to power, face to face, in big numbers, on campuses or the Washington Mall. Virtual politics is just that &mdash; virtual,&quot; he says. As <a href="http://www.informationweek.com/blog/main/archives/2007/10/thomas_friedman.html;jsessionid=F501ZLSPCHGQCQSNDLQCKH0CJUNN2JVN">various people</a> have <a href="http://blog.wired.com/27bstroke6/2007/10/tom-friedman-th.html">pointed out</a>, this is complete nonsense. I engaged in some campus activism in college in the late 1990s, and I have trouble even imagining how students coordinated their activities in the pre-email days. Blogs have proven an incredibly potent force for <a href="http://www.chicagotribune.com/news/nationworld/chi-jena_blog_web19,1,4794853.story">rooting out and publicizing injustice.</a> And I&#39;m sure the technologies that have evolved since I graduated are just as valuable to campus activists. Obviously, online activism <em>by itself</em> doesn&#39;t accomplish anything, but by the same token neither do telephone calls or newspaper columns. Rather, these are all tools that activists can use to coordinate their activities more efficiently. Many of the people who sign up for candidates&#39; Facebook groups <em>do</em> go to the candidates&#39; rallies or volunteer for their campaigns.<div><br /></div><div>However, I think we shouldn&#39;t be too hard on Friedman. After all, it&#39;s pretty common for older people to complain about young people and their new-fangled ways of doing things. There are journalism professors who <a href="http://www.techliberation.com/archives/042758.php">believe</a> that you have to publish on paper to &quot;count&quot; as a serious journalist. There were lots of people who looked down their noses at Internet dating when it began, and some people still <a href="http://www.techdirt.com/articles/20071007/230742.shtml">sneer</a> at efforts to improve the online matchmaking process. And of course, there are books <a href="http://www.lessig.org/blog/2007/05/keens_the_cult_of_the_amateur.html">arguing</a> that volunteer-driven content like Wikipedia is destroying our culture by undermining traditional ways of organizing information. Most of these arguments are silly, obviously, but it&#39;s not that hard to understand where they&#39;re coming from. If you&#39;ve spent decades thinking about an activity in a particular way (if, say, you&#39;ve been a print journalist for 30 years) you&#39;re going to have deeply-ingrained assumptions about how that activity is supposed to be done. And so when people start doing it a different way, it&#39;s inevitably going to seem incomprehensible and weird. So while I think Friedman&#39;s wrong, I don&#39;t think Friedman&#39;s being particularly obtuse. He&#39;s just fallen prey to garden-variety old fogeyism.</div><br /><br /><a href="http://www.techdirt.com/articles/20071012/155623.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071012/155623.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071012/155623.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>kids-these-days</slash:department>
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