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<title>Techdirt. Stories filed under &quot;bias&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;bias&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 31 Jan 2013 05:46:40 PST</pubDate>
<title>Former RIAA VP Named 2nd In Command Of Copyright Office</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130130/23085521833/former-riaa-vp-named-2nd-command-copyright-office.shtml</link>
<guid>http://www.techdirt.com/articles/20130130/23085521833/former-riaa-vp-named-2nd-command-copyright-office.shtml</guid>
<description><![CDATA[ We've talked in the past about how unfortunate it is that the US Copyright Office seems almost entirely beholden to the legacy copyright players, rather than to the stated purpose of copyright law.  That is, instead of looking at how copyright can lead to the maximum benefit for the public ("promoting the progress of science") it seems to focus on what will make the big legacy players -- the RIAA and MPAA -- happy.  Part of this, of course, is the somewhat continuous revolving door between industry and the Copyright Office.  Just a few months ago we wrote about how the Copyright Office's General Counsel, David Carson, had jumped ship to go <a href="http://www.techdirt.com/articles/20120830/02135620215/revolving-door-us-copyright-office-general-counsel-becomes-ifpi-lobbyist.shtml">join the IFPI</a> (the international version of the RIAA).
<br /><br />
Last night the news came out that the US Copyright Office had now named Karyn Temple Claggett <a href="http://www.copyright.gov/docs/karyn_claggett.html" target="_blank">as the Associate Register of Copyright and Director of Policy &#038; International Affairs</a>.  While Temple Claggett has actually been at the Copyright Office for a little while as Senior Counsel for Policy and International Affairs, not too long ago she was a hotshot litigator for... the RIAA.  In fact, an <a href="http://www.docstoc.com/docs/74860392/KARYN-ANNISE-TEMPLE-CLAGGETT-BIO" target="_blank">old bio of hers</a>, from when she was at the RIAA (as VP, Litigation and Legal Affairs), notes that she was instrumental in their ever-present legal campaign against pretty much any innovative technology that comes along:
<blockquote><i>
While at the RIAA, Ms. Temple-Claggett has worked on some of the most high-profile copyright cases brought by copyright owners in recent years, including the Supreme Court Grokster litigation, as well as litigation against LimeWire, XM Satellite Radio and Usenet.com
</i></blockquote>
I'm sure she's a fine person and a good litigator, but it's difficult to think that she'll be anything but a pure maximalist in favor of expanding copyrights and copyright enforcement, and against any innovation that challenges the status quo.  It's hard not to be cynical when you see this kind of revolving door.  And, of course, it's always entirely one-sided.  Could you imagine the Copyright Office naming a top EFF litigator as second in command?  Exactly the point.  How is it possible to take the Copyright Office seriously as an advocate for what's best for the public, when the connections there are to industries who lean heavily on keeping out innovation and promoting an old business model through aggressive litigation and regulation?<br /><br /><a href="http://www.techdirt.com/articles/20130130/23085521833/former-riaa-vp-named-2nd-command-copyright-office.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130130/23085521833/former-riaa-vp-named-2nd-command-copyright-office.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130130/23085521833/former-riaa-vp-named-2nd-command-copyright-office.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>revolving-door</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130130/23085521833</wfw:commentRss>
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<pubDate>Thu, 3 Jan 2013 10:55:36 PST</pubDate>
<title>As Expected, FTC Announces Close Of Google Investigation With No Antitrust Charges, But Minor Tweaks To Biz Practices</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130103/10491421570/as-expected-ftc-announces-close-google-investigation-with-no-antitrust-charges-minor-tweaks-to-biz-practices.shtml</link>
<guid>http://www.techdirt.com/articles/20130103/10491421570/as-expected-ftc-announces-close-google-investigation-with-no-antitrust-charges-minor-tweaks-to-biz-practices.shtml</guid>
<description><![CDATA[ It appears that the <a href="http://www.techdirt.com/articles/20121213/12260221380/ftc-now-likely-to-admit-that-google-does-not-fact-violate-antitrust.shtml">rumors</a> from last month were entirely accurate.  The FTC more or less has admitted that it can't find any real antitrust problems with Google, but did get Google to agree to a few minor tweaks in how it operates -- which lets the FTC <a href="http://ftc.gov/opa/2013/01/google.shtm" target="_blank">declare victory</a>.  On the big question of antitrust, however, which Microsoft and other sites led the charge on, the FTC came up completely empty, noting that the goal Google's practices was, in fact, to offer a better consumer experience, rather than to be anti-competitive.
<br /><br />
The biggest "change" to Google's business practices is really from an issue they inherited: the handling of Motorola's standards essential patents.  We were among those <a href="http://www.techdirt.com/articles/20120209/18063117722/if-google-is-serious-about-reforming-patent-mess-it-should-make-bold-statement-stop-using-motorola-patents-to-demand-cash.shtml">confused</a> by Google's decision a year ago to continue Motorola's more aggressive practices with its standards essential patents, basically trying to get injunctions to block competitors who don't license at the (way too high) rates that Motorola was offering.  This made no sense to us at the time, given Google's previous statements about <a href="http://www.techdirt.com/articles/20110726/03100815255/google-finally-speaking-up-about-problems-with-patent-system.shtml">the problems</a> of the patent system.  Here was a case where they had a chance to put their words into further action, and they didn't.  And that became the biggest part of the FTC settlement.  Seems like Google could have avoided a headache just by backing down initially.  Either way, even the "settlement" aspect here is really small.  Google has agreed that <i>before</i> seeking an injunction, it'll go to arbitration to determine what is a "fair and reasonable" royalty on those patents.  To be honest, this seems like the kind of thing that Google was probably perfectly happy to "cave" on -- and it almost makes you wonder if they kept up Motorola's practices just to give the FTC some "red meat" to make FTC boss Jon Liebowitz <a href="http://www.techdirt.com/articles/20121120/17211921104/google-staredown-with-ftc-may-result-ftc-blinking.shtml">happy</a>.
<br /><br />
There were a few other small changes, such as allowing sites to opt out of <i>just</i> Google News if they don't like traffic.  In the past, sites had to opt out of all Google search if they didn't want to appear in Google News -- and some incredibly shortsighted news publications didn't like that.  So, basically, now Google is giving them the ability to hurt their own traffic from Google News if they so choose.   Also, Google will allow companies to more easily manage ad campaigns across multiple platforms, rather than effectively making them repeat the process for multiple platforms.
<br /><br />
The end result here, even as the FTC declares victory, has to be seen as a big victory for Google.  It made a few tweaks to its business practices -- most of which it probably should have done anyway (and some of which I think it should go even further on). And on the big question of "antitrust" and "search bias" the FTC came up totally empty -- even as FTC boss Liebowitz made it clear that he would have loved it if breaking up Google's monopoly was his legacy.  As the FTC announcement notes, try as hard as they could, they just couldn't make the claim stick.  I love the begrudging language they use here:
<blockquote><i>
The FTC conducted an extensive investigation into allegations that Google had manipulated its search algorithms to harm vertical websites and unfairly promote its own competing vertical properties, a practice commonly known as &#8220;search bias.&#8221; In particular, the FTC evaluated Google&#8217;s introduction of &#8220;Universal Search&#8221; &#8211; a product that prominently displays targeted Google properties in response to specific categories of searches, such as shopping and local &#8211; to determine whether Google used that product to reduce or eliminate a nascent competitive threat. Similarly, the investigation focused on the allegation that Google altered its search algorithms to demote certain vertical websites in an effort to reduce or eliminate a nascent competitive threat. According to the Commission statement, however, <b>the FTC concluded that the introduction of Universal Search, as well as additional changes made to Google&#8217;s search algorithms &#8211; even those that may have had the effect of harming individual competitors &#8211; could be plausibly justified as innovations that improved Google&#8217;s product and the experience of its users</b>. It therefore has chosen to close the investigation.
</i></blockquote>
In the end, this seems like a massive waste of taxpayer money and the FTC's time and resources.  While the announcement claims they got Google to agree to "significant" changes in its business practices, that's a laughable claim when you look at the details.<br /><br /><a href="http://www.techdirt.com/articles/20130103/10491421570/as-expected-ftc-announces-close-google-investigation-with-no-antitrust-charges-minor-tweaks-to-biz-practices.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130103/10491421570/as-expected-ftc-announces-close-google-investigation-with-no-antitrust-charges-minor-tweaks-to-biz-practices.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130103/10491421570/as-expected-ftc-announces-close-google-investigation-with-no-antitrust-charges-minor-tweaks-to-biz-practices.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-surprise</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130103/10491421570</wfw:commentRss>
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<pubDate>Fri, 19 Oct 2012 15:44:00 PDT</pubDate>
<title>New Ruling In Sweden Suggests Ruling In Pirate Bay Case May Be Re-Examined For Bias</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121019/02131120758/new-ruling-sweden-suggests-ruling-pirate-bay-case-may-be-re-examined-bias.shtml</link>
<guid>http://www.techdirt.com/articles/20121019/02131120758/new-ruling-sweden-suggests-ruling-pirate-bay-case-may-be-re-examined-bias.shtml</guid>
<description><![CDATA[ A few years ago, we were surprised to find out that the judge in The Pirate Bay case in Sweden had <a href="http://www.techdirt.com/articles/20090422/2213024614.shtml">ties</a> to the copyright lobby pushing the case.  There were additional issues, after it was discovered that at least one of the lay judges (sort of like a jury, but not quite) on the case was <a href="http://www.techdirt.com/articles/20090921/0319026265.shtml">employed by Spotify</a>, and might have business reasons not to be completely objective.  Even more ridiculous?  When the court reviewed whether or not there was bias, the original judge making the review ended up having to be removed... <a href="http://www.techdirt.com/articles/20090525/1542304998.shtml">for bias</a>, after it came out at she, too, was involved with the same pro-copyright groups that the original judge was associated with.  While the courts eventually said there was <a href="http://www.techdirt.com/articles/20090625/0949185362.shtml">no meaningful bias</a>, a new high profile case in Sweden may reopen the issue.
<br /><br />
The full details aren't that important, but the case involved some gang warfare.  It turned out that one of the lay judges on the trial had been a member of the local police board while the issues in the case were happening -- and because of that, there <a href="http://torrentfreak.com/gang-war-trial-bias-court-ruling-gives-pirate-bay-fresh-hope-of-re-trial-121017/" target="_blank">needs to be a retrial</a>.  In that case, the bias actually seems much <i>less</i> evident than with TPB.  And, not surprisingly, TPB is using this to file for a re-evaluation of the bias questions in the original Pirate Bay trial.
<br /><br />
It certainly seems like they have a much stronger case for judiciary bias than the case where bias was officially found.  Makes you wonder why they didn't find bias originally.  Perhaps it's yet another case of "file sharing law" vs. "real law", with officials magically viewing the world through different lenses whenever a "copyright infringement" case comes before them.<br /><br /><a href="http://www.techdirt.com/articles/20121019/02131120758/new-ruling-sweden-suggests-ruling-pirate-bay-case-may-be-re-examined-bias.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121019/02131120758/new-ruling-sweden-suggests-ruling-pirate-bay-case-may-be-re-examined-bias.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121019/02131120758/new-ruling-sweden-suggests-ruling-pirate-bay-case-may-be-re-examined-bias.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-could-get-interesting</slash:department>
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<pubDate>Mon, 20 Aug 2012 08:22:00 PDT</pubDate>
<title>Horrifying: Surfthechannel Criminal Conviction Driven By Hollywood Money -- Not The Government</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120820/01553920095/horrifying-surfthechannel-criminal-conviction-driven-hollywood-money-not-government.shtml</link>
<guid>http://www.techdirt.com/articles/20120820/01553920095/horrifying-surfthechannel-criminal-conviction-driven-hollywood-money-not-government.shtml</guid>
<description><![CDATA[ We've been following the Surfthechannel/Scopelight case since early on, and there have always been serious questions about it.  More than three years ago, we were wondering why a private, Hollywood-financed anti-piracy operation called FACT wasn't just able to take part in the raid of Anton Vickerman's house, but also got to <a href="http://www.techdirt.com/articles/20090706/1713445461.shtml">take the computers</a> that were seized.  A private party should <i>never</i> be able to get the computers of those that they're accusing in a criminal case.  Soon after Vickerman was declared guilty, we discussed some anonymous courtroom notes that suggested <a href="http://www.techdirt.com/articles/20120628/15435419530/anonymous-courtroom-notes-raise-serious-questions-about-surfthechannel-conviction.shtml">extremely serious oddities</a> with how the case was conducted -- including (again) FACT more or less running the show, and having trouble keeping important data.
<br /><br />
Following Vickerman's <a href="http://www.techdirt.com/articles/20120814/08323320046/surfthechannel-owner-anton-vickerman-sentenced-to-four-years-jail-conspiracy.shtml">sentencing</a> last week, even more info came out about the case that raises <i>incredibly important questions</i> about its validity.  Tim Lee over at Ars Technica has gone through the issue in great detail, highlighting how FACT didn't just take part in the raid, but it <a href="http://arstechnica.com/tech-policy/2012/08/private-justice-how-hollywood-money-put-a-brit-behind-bars/" target="_blank"><i>financed the government agency</i> that did the investigation</a> and then <i>financed and ran the <b>criminal prosecution</b></i> against Vickerman.
<br /><br />
Lee explains that this is an oddity/antiquity of UK law, in which private parties are actually allowed to bring criminal charges against other private parties, rather than (as in the US) needing the government to decide to bring charges.  In fact, in this case, government prosecutors <i>expressly refused to bring charges</i> noting that <i>they didn't think there was a case</i> -- information that was kept from Vickerman.  From the Crown Prosecution Service:
<blockquote><i>
I understand from [Northumbria Detective Constable] Watkin that there have been no other successful prosecutions that he is aware of where we could point to this type of website being classified as amounting to "making available... by electronic transmission," the legal standard needed to find Vickerman guilty of copyright infringement. At present it appears uncertain if in fact what the suspect has done does infringe this particular legislation. Certainly on the evidence thus far provided it is impossible for me to determine if this is the case and therefore I cannot advise any prosecution on the evidence presented.
</i></blockquote>
The CPS found the whole thing bizarre:
<blockquote><i>
His 'crime' is to make it easier for others to find what is already there. This begs the rather obvious question of why he is being pursued rather than those who actually breach the copyright by displaying the material.
</i></blockquote>
And yet, FACT went through with the case, because of an oddity in UK law that lets a private party pursue a criminal charge if they're willing to finance it.  And FACT was more than willing to finance nearly ever aspect of this case, apparently.  It did the original "investigation" in which it apparently recorded a key meeting. The two sides dispute what was said in that meeting... but FACT can't seem to find the recording (of course).  The report also explains how FACT funded the Bedfordshire Trading Standards Financial Investigations Unit (BTSFIU), officially a government agency, but one that was directly funded by FACT to be its own private police force, and which apparently took the job gleefully.
<br /><br />
Of course, you would think that some of this info would get out before a judge, but the judge seemed equally unconcerned with the law, as focused as he was on Vickerman apparently being arrogant.  Even more bizarre, the judge didn't seem at all concerned about precedents that went the other way.  For example, the TV-Links case, which was quite similar, ended up with an <a href="http://www.techdirt.com/articles/20100212/1549298157.shtml">acquittal</a>, so you might think that any reference to it would be in Vickerman's favor.  Not in <a href="http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/anton-vickerman-sentencing-remarks-14082012.pdf" target="_blank">this judge's mind</a>:
<blockquote><i>
TV-Links had already engaged in a similar operation but you believed you could do better. You 
pressed on knowing that TV Links had been taken down following the intervention of FACT on 
the basis that what it had been doing was unlawful
</i></blockquote> 
Yes, you read that right.  Even though TV Links was found to be lawful, in this judge's mind, the fact that it had been taken down by FACT (the same group prosecuting this case), should have been evidence to Vickerman that STC was illegal.  Think about that for a second.  It's almost mind-blowingly ridiculous.  The <i>mere accusation</i> that another site was illegal, <i>even though that later turned out to not be true</i> was enough evidence for this judge that STC's actions were illegal.  How does a judge who thinks that way keep his job?
<br /><br />
The judge also does not seem to understand the nature of the internet or links, or how user generated content works.  He seems to think that before anyone can post a link to a website, the owner of that website should need to contact a copyright holder to find out if the posting of that link and the underlying content it points to are legal.  Seriously:
<blockquote><i>
When it was suggested in cross examination that it was obvious that the films that you were 
posting links to were to links to recent films and that you were helping people to link to 
copyright infringing films, you insisted that you couldn&#8217;t know if it was infringing copyright, that 
the studious might have granted right holder licences to the films of which you had no knowledge. That was certainly true and bound to be true if you didn&#8217;t bother to check with the 
copyright owners and check you most certainly didn&#8217;t.
</i></blockquote>
The judge also takes a movie studio exec at face value, when she tells the court that "piracy" means fewer blockbuster movies -- despite the fact that approximately four times as many movies were made last year than were made 15 years ago.  Actual facts don't appear to be this judge's strong suit.  He also uses the fact that since the movie industry pays taxes, if it struggles, fewer taxes are paid.  But, if that's a crime, then any industry that is declining suddenly can implicate any upstart competition for those same reasons.
<br /><br />
The whole thing is both bizarre and scary.
<br /><br />
One hopes that, given these rather horrifying details, conflicts of interest and inconsistencies, it will be possible to revisit much of this on appeal.<br /><br /><a href="http://www.techdirt.com/articles/20120820/01553920095/horrifying-surfthechannel-criminal-conviction-driven-hollywood-money-not-government.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120820/01553920095/horrifying-surfthechannel-criminal-conviction-driven-hollywood-money-not-government.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120820/01553920095/horrifying-surfthechannel-criminal-conviction-driven-hollywood-money-not-government.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-broken-system</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120820/01553920095</wfw:commentRss>
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<pubDate>Wed, 18 Jul 2012 01:21:04 PDT</pubDate>
<title>Pro-Copyright Judges Never Drop Cases Over Conflicts, So Why Does Megaupload Judge Have To Step Down?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml</link>
<guid>http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml</guid>
<description><![CDATA[ This isn't a huge surprise, but yesterday, we wrote about some <a href="http://www.techdirt.com/articles/20120716/12223419716/nz-judge-dotcom-extradition-case-speaks-out-against-tpp-us-copyright-extremism.shtml">comments</a> by Judge David Harvey in New Zealand concerning region coding on DVDs and the New Zealand/US negotiations over the TPP agreement.  None of this had anything to do with Megaupload or the Dotcom case, but at one point he referred to a tweet that did a slight satire on the famous saying, and noted that "we have met the enemy and he is [the] US."  The press was already blowing this out of proportion -- suggesting, totally incorrectly, that he had "called the US an enemy" when it came to copyright law.  That's not true at all.  Beyond the fact that he was paraphrasing a common saying in a clearly hyperbolistic manner, the issue he was talking about was very specific to anti-circumvention issues related DVD region coding, and nothing, whatsoever to do with the direct issue in the case.
<br /><br />
That said... as many people are noting, Judge Harvey, recognizing the press furor about all this <a href="http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&#038;objectid=10820496" target="_blank">has stepped down from the case and will allow another judge</a> to pick up the extradition issue down the road.  This is unfortunate, as Judge Harvey is noted as one of New Zealand's key internet law experts, who really understood these issues at a deep level.  Still, it's unclear if this change will have a huge impact on the case.  The judge taking over for Harvey, Judge Nevin Dawson, has also been involved in the Megaupload case, and was the judge who <a href="http://www.techdirt.com/articles/20120221/14490517833/megaupload-boss-kim-dotcom-granted-bail-after-us-fails-to-prove-hes-got-cash-stashed-away-to-make-escape.shtml">released</a> Dotcom on bail, despite pressure from the US to keep him locked up.  Furthermore, Harvey and Dawson are district court judges, and it seems likely that, in the end, this will involve New Zealand's High Court, which is <a href="http://www.techdirt.com/articles/20120615/17485919355/new-zealands-high-court-steps-into-extradition-fight-over-kim-dotcom.shtml">already engaged</a> and has <a href="http://www.techdirt.com/articles/20120628/00065919518/yet-another-yes-another-error-megaupload-case-search-warrants-ruled-illegal.shtml">already</a> ruled against the US.
<br /><br />
But, here's the bigger issue: we see stories of judges in big copyright cases all the time who have strong ties to pro-copyright or copyright maximalist organizations... and people shrug and move on.  Let's just say, for example, if Judge Harvey had said that he agreed with New Zealand's efforts to join the TPP because he thought that New Zealand needed stronger anti-circumvention rules to protect DVDs, would anyone even blink an eye?  I doubt it.
<br /><br />
Furthermore, travel around the globe, and you find the exact opposite situation in many cases, where the judges <b>did not</b> step down.  Most famously, over in Sweden, the judge who heard The Pirate Bay trial had <a href="http://www.techdirt.com/articles/20090422/2213024614.shtml">close ties</a> to the copyright lobby, and was a member of a few organizations that worked towards promoting stronger copyright law.  It seems like that would be a much more direct and obvious conflict than Judge Harvey's... yet that Swedish judge stayed on.  Similarly, here in the US, Judge Beryl Howell, who <a href="http://www.techdirt.com/articles/20110323/16344113603/judge-says-mass-suing-people-infringement-is-perfectly-fine-even-benefits-defendants.shtml">bucked</a> the trend in copyright trolling cases, by allowing cases to move forward on questionable theories, was just recently an <a href="http://www.techdirt.com/articles/20110329/04174413675/judge-who-said-lumping-together-unrelated-copyright-cases-is-fine-is-former-riaa-lobbyist.shtml">RIAA lobbyist</a>, and prior to that had helped write the DMCA, while a Congressional staffer.  And, yet, she remained on the case.
<br /><br />
It seems that there's a pretty clear double standard at work here.  If you're strongly pro-copyright, no one blinks an eye if you are hearing copyright cases.  But, if you make an offhand joking comment that's marginally critical of US copyright policy in one specific area, totally unrelated to the case at hand... you step down.<br /><br /><a href="http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120718/00503119739/pro-copyright-judges-never-drop-cases-over-conflicts-so-why-does-megaupload-judge-have-to-step-down.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>doesn't-make-sense</slash:department>
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<pubDate>Wed, 8 Feb 2012 13:17:59 PST</pubDate>
<title>According To Lamar Smith, Data Or Criticism From Anyone Who Doesn't Like SOPA Isn't Valid</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120208/04043217698/according-to-lamar-smith-data-criticism-anyone-who-doesnt-like-sopa-isnt-valid.shtml</link>
<guid>http://www.techdirt.com/articles/20120208/04043217698/according-to-lamar-smith-data-criticism-anyone-who-doesnt-like-sopa-isnt-valid.shtml</guid>
<description><![CDATA[ We recently wrote about PolitiFact <a href="http://www.techdirt.com/articles/20120207/03160817678/politifact-trashes-lamar-smith-says-his-claims-about-economic-impact-piracy-are-flat-out-false.shtml">trashing Lamar Smith</a> for the numbers he used in support of SOPA -- numbers that PolitiFact says grade out to "false."  What I somehow missed was at the very end of that article, they ask Smith <a href="http://www.politifact.com/texas/statements/2012/feb/06/lamar-smith/lamar-smith-says-online-piracy-and-counterfeiting-/" target="_blank">to respond to the charges that his argument was false</a>.  Amazingly, rather than respond to the actual data, Smith chose to instead attack one (of a few!) of the people that PolitiFact discussed the data with, Julian Sanchez:
<blockquote><i>
After we summarized much of this research, Smith objected to Sanchez as an expert, saying in an email that  because Sanchez is opposed to the anti-online-piracy act, he "cannot provide an objective or unbiased analysis." He stood by his CNN.com statement, telling us: "Since the U.S. is the largest producer of (intellectual property) that is consumed around the world, one can surmise that a significant amount of that total value is taken from the U.S. economy."
</i></blockquote>
First of all, what?  Considering that <i>the numbers Smith used</i> came from industry lobbyists in favor of the bill, doesn't that mean that Smith should be objecting <i>to his own numbers</i>?  After all, the source of those numbers -- the Chamber of Commerce -- "cannot provide an objective or unbiased analysis."  Or perhaps Smith thinks that only those <i>in favor</i> of SOPA can provide such an analysis.
<br /><br />
Either way, that statement is <i>insane</i>.  Smith honestly seems to be saying that any information -- no matter how factual -- cannot be trusted if it comes from SOPA opponents.  Why doesn't he have that same skepticism towards the data that the MPAA and Chamber of Commerce handed him?
<br /><br />
Furthermore, his decision to stick by his comments is doubly insane.  The fact that the US is the largest producer of intellectual property that is consumed around the world... does not, in fact, mean that any counterfeiting is "the total value taken from the US economy."  Is this guy serious?  PolitiFact flat out points out that it's false, with data to back it up, and shows exactly how Smith is blatantly lying about the data... and Smith's response is to restate the error and insist that the thing already proven false must be true?!?
<br /><br />
Smith's constituents should demand better.  Having an elected official who lives in a fantasy world where facts are ignored is not a good thing.<br /><br /><a href="http://www.techdirt.com/articles/20120208/04043217698/according-to-lamar-smith-data-criticism-anyone-who-doesnt-like-sopa-isnt-valid.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120208/04043217698/according-to-lamar-smith-data-criticism-anyone-who-doesnt-like-sopa-isnt-valid.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120208/04043217698/according-to-lamar-smith-data-criticism-anyone-who-doesnt-like-sopa-isnt-valid.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wow</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120208/04043217698</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 14 Oct 2010 13:42:51 PDT</pubDate>
<title>Obvious News Is Obvious: Polls That Only Call Landlines May Be Biased</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101014/00463611420/obvious-news-is-obvious-polls-that-only-call-landlines-may-be-biased.shtml</link>
<guid>http://www.techdirt.com/articles/20101014/00463611420/obvious-news-is-obvious-polls-that-only-call-landlines-may-be-biased.shtml</guid>
<description><![CDATA[ I remember, way back during the 2004 election, reading stories about how the rising number of people cutting the cord when it came to their landline phone meant that phone-based surveys were not all that accurate any more.  So now, six years later, research has come out <a href="http://techdailydose.nationaljournal.com/2010/10/report-landlineonly-polls-may.php" target="_blank">saying exactly the same thing</a>.  It is true that the number of people who have done away with their landline has increased (now over a quarter of the population has ditched their landlines).  Apparently, the study found that landline-only election surveys tend to overcount Republican voters and undercount Democratic ones.  This doesn't come as a huge surprise as, generally speaking, the older generation skews more Republican and are also the least likely to ditch their landlines.<br /><br /><a href="http://www.techdirt.com/articles/20101014/00463611420/obvious-news-is-obvious-polls-that-only-call-landlines-may-be-biased.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101014/00463611420/obvious-news-is-obvious-polls-that-only-call-landlines-may-be-biased.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101014/00463611420/obvious-news-is-obvious-polls-that-only-call-landlines-may-be-biased.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>you-just-realized-this?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101014/00463611420</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 21 Jun 2010 20:07:45 PDT</pubDate>
<title>A Recommendation Is Not The Same As Corruption</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100621/0355239887.shtml</link>
<guid>http://www.techdirt.com/articles/20100621/0355239887.shtml</guid>
<description><![CDATA[ I recently wrote about what a joke the concept of <a href="http://www.techdirt.com/articles/20100615/1849299842.shtml">"search neutrality"</a> is, because, by their very nature, search results are supposed to be a ranking of what the site thinks the user wants most.  It appears that the folks who are paid handsomely to push this "search neutrality" meme aren't too happy that someone has called them out for making something out of nothing.  Scott Cleland, who is famously paid to blog anything that will make Google look bad, took issue with my statements, and <a href="http://www.precursorblog.com/content/mr-masnick-ostriching-search-neutrality" target="_blank">sought to debunk what I had to say</a>.  To those pushing search "search neutrality," I would suggest coming up with better arguments (or finding someone who can actually argue logically), because Cleland's points don't cut it.  Basically, he pretended I said something I didn't say and then ran with it.
<br><br>
Specifically, he pretends that when I say that search is inherently non-neutral, I mean that it's okay for Google to give higher ranking results to advertisers.  I neither said nor implied any such thing.  What I said (I thought clearly, but it's easier for Cleland to knock over a strawman) was that there's no such thing as "neutrality" in search, because <i>any</i> ranking is biased <i>by what the search engine thinks is best</i>.  A "neutral" search engine doesn't exist, because it could never recommend any links.  A recommendation is bias, but that's not the same as corruption or undue influence.  It just means bias towards recommending what the search engine thinks is best.
<br><br>
However, Cleland jumps off on that to point out that even Google has said that paid search can impact quality.  But Cleland is (in his usual manner) taking things totally out of context.  The quotes he's discussing were about sites that mix paid search in their organic listings.  To date, no one has shown convincing proof that Google has actually done this.  If there were proof, then it would suggest that Google was doing something misleading, which would be an issue for the FTC to look at (as it has with other paid search listings in the past).  However, that's hardly a call for "search neutrality."  Mixing ads into the organic listings is one thing, but that's not what we were discussing.  It's just the strawman Cleland tossed out there since he can't let that "search neutrality" thing die.
<br><br>
Second, he quotes Google saying that it doesn't "manipulate rankings to put partners higher," as proof that I'm wrong that the "whole point of search is to be biased." Again, he is arguing something I did not say.  I said (again, clearly, though Cleland ignores it) that the bias is to put the results that it feels make the most sense out there.  Saying that "the whole point of search is biased" does not mean "it's okay to mix paid search in organic results without telling people" as Cleland seems to think.  It's almost as if Cleland doesn't even understand how search works.
<br><br>
Finally, Cleland links to a series of recent antitrust lawsuits against Google, which all seem to be based on the same ridiculous <a href="http://www.techdirt.com/articles/20091228/0304247512.shtml">misinterpretations</a> of how search engines work, and claims these are "documented charges of fraud, mis-representation, anti-competitive behavior."  Except, they are no such thing.  They are claims from a few small companies, bankrolled by Google's competitors, to misrepresent what Google is doing -- sort of like Cleland himself.  None of those lawsuits have been decided, but I would be amazed if any of them came out with Google on the losing side.  And, finally, on that, I never said that those lawsuits shouldn't move forward (as Cleland implies).  I just pointed out that the claim of "search neutrality" being an issue is bogus.  But none of these lawsuits are actually about "search neutrality."  They're about claims that Google somehow took anti-competitive actions against these sites.
<br><br>
Most importantly, however, the reason people ask for "net neutrality" is because when you have an ISP, you have to go through that ISP to get anywhere.  So if it's not "neutral" you can get locked into an experience you don't want.  That's not the case with search.  If you don't like your search experience, and if you find that the search engine of your choice has polluted its links with paid partners, then <i>you can immediately go elsewhere</i>.  That's the key point, but it's never one that Cleland will address.  Because he can't.<br /><br /><a href="http://www.techdirt.com/articles/20100621/0355239887.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100621/0355239887.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100621/0355239887.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-mind-is-a-terrible-thing-to-waste</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100621/0355239887</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 21 Sep 2009 17:33:00 PDT</pubDate>
<title>Pirate Bay Appeal Lay Judge Employed By Spotify?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090921/0319026265.shtml</link>
<guid>http://www.techdirt.com/articles/20090921/0319026265.shtml</guid>
<description><![CDATA[ There have been all sorts of questions about unfair bias in the Swedish trial against The Pirate Bay and its founders, and the latest claim is that one of the "lay judges" on the appeal <a href="http://blog.brokep.com/2009/09/21/bias-spelled-i-f-p-i/" target="_new">is employed by Spotify</a>, currently a music industry darling trying to set up a licensed, authorized online music streaming system.  Given that Spotify could reasonably see sites like The Pirate Bay as somewhat competitive, and that it counts major record labels among its ownership, it's hard to see how allowing an employee to be on the lay judge panel (sort of, but not really, the equivalent of a jury) is even close to fair.<br /><br /><a href="http://www.techdirt.com/articles/20090921/0319026265.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090921/0319026265.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090921/0319026265.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-bit-of-bias</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090921/0319026265</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 4 Sep 2009 12:58:00 PDT</pubDate>
<title>Pirate Bay Appeal To Be Heard By Judge Tied To Copyright Group As Well</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090904/0230086100.shtml</link>
<guid>http://www.techdirt.com/articles/20090904/0230086100.shtml</guid>
<description><![CDATA[ As The Pirate Bay gears up for the appeal of its trial in Sweden, it's worth noting that the judge chosen to hear the trial happens to be the same one who was <a href="http://torrentfreak.com/pirate-bay-appeal-scheduled-for-november-090903/" target="_new"><i>removed</i> from reviewing the fairness of the original trial</a> because she happens to belong to the same pro-stronger copyright group as the original judge.  How is that fair?<br /><br /><a href="http://www.techdirt.com/articles/20090904/0230086100.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090904/0230086100.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090904/0230086100.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-that-seems-fair...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090904/0230086100</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 17 Aug 2009 08:37:00 PDT</pubDate>
<title>Can There Be A Fair File Sharing Trial When The Language Is All Biased?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090816/2244055890.shtml</link>
<guid>http://www.techdirt.com/articles/20090816/2244055890.shtml</guid>
<description><![CDATA[ In the past, we've discussed the various problems with the language choices by the entertainment industry in discussing file sharing.  Terms like "intellectual property," "piracy," "theft" and even its descriptions of "losses" are all misleading and biased.  This, in fact, is a key point in William Patry's upcoming book -- where he looks at how the language has been co-opted by the industry to pre-bias the casual observer (including journalists and politicians).  Ben Jones is wondering <a href="http://torrentfreak.com/is-a-fair-p2p-trial-even-possible-part-2-090812/" target="_new">if there can even be a "fair trial" for file sharers</a> given this widespread use of biased language.  It's a decent question, and goes back to an earlier point we raised about why the jury verdicts in the recent file sharing trials were <a href="http://www.techdirt.com/articles/20090807/0207275797.shtml">hardly</a> a good barometer on the public's understanding of copyright issues.  When the industry has been so successful in choosing language that so clearly biases the casual observer (and is then able to exclude anyone who is actually knowledgeable about the subject from the jury), it shouldn't be any surprise at all that rulings will tend towards those who have been able to define the terms.<br /><br /><a href="http://www.techdirt.com/articles/20090816/2244055890.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090816/2244055890.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090816/2244055890.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>questions-questions-questions</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090816/2244055890</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 25 Jun 2009 09:51:53 PDT</pubDate>
<title>Swedish Appeals Court Denies Pirate Bay Retrial -- Says No Bias By Judge</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090625/0949185362.shtml</link>
<guid>http://www.techdirt.com/articles/20090625/0949185362.shtml</guid>
<description><![CDATA[ The Swedish appeals court charged with looking into whether or not the judge in the original trial against The Pirate Bay was biased, has <a href="http://www.wired.com/threatlevel/2009/06/pirate-bay-retrial-denied/" target="_new">said they found no bias</a> (for <a href="http://www.techdirt.com/articles/20090612/1821115219.shtml">real</a>, this time) with the judge, despite his <a href="http://www.techdirt.com/articles/20090422/2213024614.shtml">belonging</a> to two groups that have pushed for stronger copyright laws -- and the fact that the prosecutors' lawyers were involved in that organization as well.  Apparently, the court says the judge should have brought this information to light sooner, but otherwise said it was no big deal.
<br /><br />
According to Brokep, one of the four people convicted in the trial, the group plans to <a href="http://twitter.com/brokep/status/2327098738" target="_new">file charges against the court for human rights violations</a>, and will claim that the appeals court judge was also biased.  Not knowing much about Swedish law, I have no idea if that has any chance of succeeding, but it doesn't seem like the argument has worked all that well so far.  Christian Engstrom, the Swedish Pirate Party member just elected to the EU Parliament seems to believe that the courts are blinded by the high profile of the case, such that <a href="http://www.thelocal.se/20280/20090625/" target="_new">they're applying the law incorrectly</a>:
<blockquote><i>
This is part of a pattern. It show that the Swedish legal system is no longer to be trusted when it comes to copyright cases. It's a travesty of justice quite simply.  There are certainly problems with the laws too but this also shows that the courts are not capable of applying the laws in a correct manner. I've been a lay judge for seven years and I've never seen an indictment as bad as the Pirate Bay verdict. But that didn't stop the court from setting ridiculous sentences.
</i></blockquote>
Now, of course defenders of the entertainment industry's position seem to have a blind spot as to how The Pirate Bay can possibly be considered legal, but Engstrom's right.  The law in Sweden doesn't seem to have been applied properly, since The Pirate Bay itself does not host any infringing files directly.  It seems like the court still doesn't quite understand that fact.  Either way, Engstrom seems to recognize that chances for winning on appeal seem unlikely as well.  Instead, he's hoping that citizens will recognize that the law itself needs to be fixed even more:
<blockquote><i>
This makes it clear that the only way to win this battle is through politics. It's a political issue and it's going to be decided at the general election in 2010.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20090625/0949185362.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090625/0949185362.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090625/0949185362.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-bull,-no-bias</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090625/0949185362</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 3 Jun 2009 13:00:00 PDT</pubDate>
<title>Former Conference Board Author Explains How Lobbyists Influenced Plagiarized Reports</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090603/0733135109.shtml</link>
<guid>http://www.techdirt.com/articles/20090603/0733135109.shtml</guid>
<description><![CDATA[ Wow.  If you thought that the whole saga with the <a href="http://www.techdirt.com/articles/20090525/1359354994.shtml">deceptive and plagiarized</a> reports about intellectual property in Canada was over, when The Conference Board of Canada <a href="http://www.techdirt.com/articles/20090528/1258425047.shtml">recalled the reports</a> and admitted that they were both plagiarized and not up to research standards, think again.  One of the named authors of the report is now <a href="http://www.michaelgeist.ca/content/view/4025/125/" target="_new">speaking out to reveal some of the behind the scenes details</a>.  Now, he's only giving one side, but if his version of the events is true, it's incredibly damning of the Conference Board.  Basically, he says that he wrote a very, very different research report last year, and handed it over in late August.  He had already quit to take another job, but had finished up his research.  However, months later, he received phone calls from both The Conference Board and some of the IP lobbyists who funded the research to complain about what the research said (impartial? non-biased?).  Since he was no longer employed, he figured it was none of his business, but he implies that in response to these calls, the Conference Board appears to have replaced much of what he wrote with the plagiarized snippets from the lobbyist's own reports... but left his name on the report as an author.  He's not happy:
<blockquote><i>
<ul>
<li>I was a full-time employee with the Conference Board between September 2007 and July 2008. I resigned almost a year ago to take a fulfilling job with a non-profit in British Columbia.</li>   
<li>I submitted draft research to my former supervisor for the IP reports in mid-August 2008. I finished the research after I moved even though I was neither on salary nor on contract with the Board.</li>   
<li>The research I submitted did NOT include the controversial passages or plagiarized content.</li>   
<li>I worked with three contract researchers on this project between April 2008 and June 2008, including Jeremy deBeer, whose work I integrated into the draft. These researchers did not submit research that included the controversial/plagiarized content.</li>   
<li>I had no involvement in any content changes and did not see these papers after I submitted them in August.</li>  
 <li>My new work was interrupted in mid-September by my former supervisor at the Conference Board to tell me there had been &ldquo;push back&rdquo; from one of the funding clients about the research and inclusion of Mr. deBeer&rsquo;s contribution. I had quit almost two months earlier so this was of no concern to me.</li>   
<li>Around the same time, my new work was also interrupted by a call from one of the funding clients who expressed similar concerns. Again, I informed him that I no longer had anything to do with these reports.</li>   
<li>I received news of its publication on May 26, 2009, ten months after my resignation. I downloaded and read the research after I was informed of the controversy and was alarmed to see the direction it had taken.</li>   
<li>I sent my letter to Anne Golden the following day.</li>   
<li>The VP of Public Policy e-mailed me on May 29th to ask for my assistance in finding both researchers who could &quot;fix&quot; the reports, as well as external reviewers who would be impartial in reviewing the new work. His message stated that &ldquo;I trust your judgment, experience and knowledge and would value your help.&rdquo;</li> 
</ul> The Conference Board wants my help to fix reports that were published 10 months after my departure. It wants me to help fix publications that were re-written (and plagiarized) months after my departure and after they discarded the research I compiled and submitted. The Conference Board asks for my help but won&#39;t acknowledge that it was wrong to put my name on reports that bear little resemblance to the original research I submitted, were substantially reworked, and were published ten months after I resigned. After Anne Golden laid blame on contract researchers and supervisors late last week, I noticed two of the authors who still were listed on the organization&#39;s web site were no longer on the staff list.
</i></blockquote>
If true, this is all pretty damning, and raises serious questions about how The Conference Board of Canada created this report, as well as its impartial nature as a research institute.  It's no secret that many research firms are accused of producing reports that favor the funders of those reports -- but to specifically toss out contrary results and replace them with the funders' own text goes beyond even what many "pay for the research results you want" type firms normally do.<br /><br /><a href="http://www.techdirt.com/articles/20090603/0733135109.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090603/0733135109.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090603/0733135109.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-there's-that...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090603/0733135109</wfw:commentRss>
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<item>
<pubDate>Thu, 28 May 2009 04:33:53 PDT</pubDate>
<title>Technology Again Causes American Idol Controversy, Fingers Pointed At AT&#038;T</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20090527/1059095030.shtml</link>
<guid>http://www.techdirt.com/articles/20090527/1059095030.shtml</guid>
<description><![CDATA[ Apparently the outcome of the latest season of American Idol caused some controversy when the contestant generally regarded as the underdog of the two finalists was crowned the winner, provoking an angry backlash from his rival's fans. Now, they're pointing the finger at AT&#038;T, alleging <a href="http://www.nytimes.com/2009/05/27/business/media/27idol.html?partner=rss&#038;emc=rss">it helped skew the vote</a>. This isn't the first time telecommunications have caught this sort of flak, as it's been a regular occurrence during the show's run that people have faced <a href="http://techdirt.com/articles/20040517/0012235.shtml">jammed</a> phone lines when they've tried to vote. But this time, it's a little different. Apparently AT&#038;T reps were at a couple of viewing parties organized by fans of the winning contestant, Kris Allen, and brought along a bunch of phones with them -- since, of course, only people on AT&#038;T's wireless network can vote for the show's winner via text message. Then, the reps supposedly showed people at the parties how to "power text", or send in several votes at once. It seems unlikely that the votes spawned from the two parties were enough to tip the balance in Allen's favor, but the appearance of impropriety on the part of one of the show's major sponsors may be a bit more damaging.<br /><br /><a href="http://www.techdirt.com/articles/20090527/1059095030.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090527/1059095030.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090527/1059095030.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>newsworthy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090527/1059095030</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 27 May 2009 02:27:27 PDT</pubDate>
<title>Another Day, Another Bizarre Twist In The Pirate Bay Case</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090527/0159485019.shtml</link>
<guid>http://www.techdirt.com/articles/20090527/0159485019.shtml</guid>
<description><![CDATA[ It seems like not a day can go by without another oddity popping up having to do with The Pirate Bay trial in Sweden.  There was the labels <a href="http://www.techdirt.com/articles/20090520/0037544939.shtml">pretending</a> the ruling said stuff it didn't.  Then there were the <a href="http://www.techdirt.com/articles/20090422/2213024614.shtml">charges</a> of a biased judge -- followed up by charges of bias against <a href="http://www.techdirt.com/articles/20090525/1542304998.shtml">not one</a> but <a href="http://www.techdirt.com/articles/20090520/0411254949.shtml">two</a> of the judges put in charge of figuring out if the original judge was biased.  Oh, and then there was that oddity where Warner Music apparently <a href="http://www.techdirt.com/article.php?sid=20080605/1646031320&#038;threaded=true">hired</a> the lead police investigator in the case <i>while</i> he was still investigating the case.  The latest such news is that Sweden's Cultural Minister told a gathering of entertainment industry folks that she <a href="http://torrentfreak.com/swedish-minister-takes-anti-pirate-bay-stance-090526/" target="_new">supported the ruling</a>.  Now, to many of us outside of Sweden, that may not seem like a huge deal, but apparently the laws in Sweden state that a gov't minister cannot influence ongoing litigation -- and these comments could be seen as an attempt to support one side of the case.  It seems like the oddities around this case are not going away any time soon.<br /><br /><a href="http://www.techdirt.com/articles/20090527/0159485019.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090527/0159485019.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090527/0159485019.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>ain't-nothing-normal-going-on-here...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090527/0159485019</wfw:commentRss>
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<pubDate>Tue, 26 May 2009 04:28:00 PDT</pubDate>
<title>Swedish Judge In Charge Of Determining Bias Of Pirate Bay Judge Removed... For Bias</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090525/1542304998.shtml</link>
<guid>http://www.techdirt.com/articles/20090525/1542304998.shtml</guid>
<description><![CDATA[ A few folks have sent in various version of this story about how the judge assigned to review whether or not the original judge in The Pirate Bay trial was <a href="http://www.techdirt.com/articles/20090422/2213024614.shtml">biased</a>, by belonging to two separate groups in favor of stronger copyright laws, <a href="http://www.mcvuk.com/news/34385/Second-judge-removed-from-Pirate-Bay-case" target="_new">has herself been removed from the case</a> because she belonged to the same two groups.  This raises all sorts of questions -- including how the hell she was put in charge of the review in the first place.  Did no one think to ask if she was in the same groups?  Or did she not volunteer the info when handed the case?  In the meantime, how difficult is it to find an unbiased judge in Sweden?<br /><br /><a href="http://www.techdirt.com/articles/20090525/1542304998.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090525/1542304998.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090525/1542304998.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>but-why-did-this-happen-in-the-first-place?</slash:department>
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<pubDate>Wed, 20 May 2009 04:19:08 PDT</pubDate>
<title>Person In Charge Of Determining If Pirate Bay Judge Is Biased... May Be Biased</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090520/0411254949.shtml</link>
<guid>http://www.techdirt.com/articles/20090520/0411254949.shtml</guid>
<description><![CDATA[ As Swedish officials are looking into charges that the judge in The Pirate Bay trial was <a href="http://www.techdirt.com/articles/20090422/2213024614.shtml">biased</a>, there's now some concern that the person in charge of figuring out whether he was biased... <a href="http://blog.brokep.com/2009/05/20/google-is-your-friend/" target="_new">might be biased as well</a>.  Apparently, he serves on a board with the main lawyers who argued the case for the entertainment industry (and two of their main assistants).  Of course, in legal circles you do end up getting to know others in the field, but as brokep from The Pirate Bay notes: "Not any of OUR lawyers are on that board. But two of the opponents lawyers in the same board."  Considering that officials should be trying to make it clear that there's no bias, it seems like they should pick someone who has no direct ties to the attorneys involved in the case.  Brokep also has some fun in noting that it was simple to find this info on Google, and he's surprised that no one else had done such a simple search yet.<br /><br /><a href="http://www.techdirt.com/articles/20090520/0411254949.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090520/0411254949.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090520/0411254949.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-look-at-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090520/0411254949</wfw:commentRss>
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<pubDate>Mon, 15 Sep 2008 10:43:36 PDT</pubDate>
<title>Why Do The Police Call In The RIAA To Investigate Potential Crimes?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080915/0212372271.shtml</link>
<guid>http://www.techdirt.com/articles/20080915/0212372271.shtml</guid>
<description><![CDATA[ We've long known that the boundary between US law enforcement and the enforcement wings of certain lobbyist organizations like the RIAA is way too blurry, but TorrentFreak is raising some important questions about <a href="http://torrentfreak.com/riaa-victim-or-prosecutor-080913/" target="_new">why the police will call in RIAA investigators on certain cases</a>, such as one where a speeding stop in Illinois resulted in a cop <a href="http://www.enewspf.com/index.php?option=com_content&#038;task=view&#038;id=4670&#038;Itemid=2" target="_new">calling in the RIAA</a> after spindles of writeable DVDs and CDs was found in the car.  While the RIAA and law enforcement have a history of <a href="http://www.techdirt.com/articles/20080220/151032309.shtml">working closely together</a> (and many people go back and forth between the two), the RIAA is still a highly biased party here, and shouldn't be involved in investigations where it has a personal stake.  While some politicians are trying to turn US law enforcement into the <a href="http://www.techdirt.com/articles/20080911/1804242241.shtml">private police</a> of the entertainment industry, that doesn't mean that police should just consider RIAA investigators their peers.  So can anyone explain why RIAA investigators should be allowed to be involved in such cases and why no one's called US law enforcement on things like this before?<br /><br /><a href="http://www.techdirt.com/articles/20080915/0212372271.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080915/0212372271.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080915/0212372271.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-doesn't-seem-right</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080915/0212372271</wfw:commentRss>
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<pubDate>Fri, 25 Apr 2008 19:40:07 PDT</pubDate>
<title>Beer, Blogs And Bias</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080425/020649944.shtml</link>
<guid>http://www.techdirt.com/articles/20080425/020649944.shtml</guid>
<description><![CDATA[ The Wall Street Journal has an article focusing on <a href="http://online.wsj.com/article/SB120829767153417401.html?mod=hps_us_at_glance_mm" target="_new">a blog set up by Miller Brewing Company</a> called <a href="http://www.brewblog.com/">Brew Blog</a>. There are a few different, interesting points worth discussing here.  First, the blog isn't used as a blog about what's going on at Miller Brewing.  Instead, Miller hired an experienced reporter, and told him to just cover the beer industry as if he were a beat reporter.  In other words, it's reporting news -- and even breaking stories on the competition.  In fact, it revealed that main rival Anheuser-Busch was planning a new beer before A-B was able to make the announcement itself.  This is certainly a recognition of how <a href="http://www.techdirt.com/articles/20080318/004136567.shtml">content is advertising</a>.  The blog clearly isn't "advertorial."  It's full-on reporting about the industry, in a way that's interesting and relevant to those in the industry.
<br /><br />
What may be even more interesting, though, is what the article says about journalism.  In an age in which journalists are whining that their jobs are disappearing, here's yet another example of where suddenly there are new types of jobs for journalists appearing every day.  But, even more interesting, is a quote at the end of the article <a href="http://weblogs.jupiterresearch.com/analysts/card/archives/2008/04/suds.html">highlighted by David Card</a>.  It's from Harry Schuhmacher, the editor and publisher of a fee-based trade publication on the beer industry:
<blockquote><i>
"I tell Miller you're subsidizing a free publication, and it hurts the trade press," he says. "But they don't care."...Mr. Schuhmacher adds that he writes fewer positive pieces about Miller than he once did because he knows Brew Blog will always publish the same stories.
</i></blockquote>
Think about this for a bit.  People complain that when you have a company-sponsored publication it will inevitably be biased -- but the sponsorship of that site is totally open and in the clear.  The site's content stands for itself.  Yet, at the same time, a supposedly "objective" traditional journalist is admitting that he writes fewer stories about Miller because he's upset that it's competing with his own publication.  From that, it would certainly seem like the Brew Blog is a lot more credible (it's biases are out in the open), while this fee-based trade pub admits that story choices are sometimes based on personal vendettas.<br /><br /><a href="http://www.techdirt.com/articles/20080425/020649944.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080425/020649944.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080425/020649944.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i'll-drink-to-that</slash:department>
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