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<title>Techdirt. Stories filed under &quot;communications&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;communications&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 16 May 2013 05:38:00 PDT</pubDate>
<title>Kiwis Want To Spy On All Communications, VPNs, And Be Able To Use Secret Evidence Against You</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130514/07513223080/kiwis-want-to-spy-all-communications-vpns-be-able-to-use-secret-evidence-against-you.shtml</link>
<guid>http://www.techdirt.com/articles/20130514/07513223080/kiwis-want-to-spy-all-communications-vpns-be-able-to-use-secret-evidence-against-you.shtml</guid>
<description><![CDATA[ Although New Zealand's decision not to allow patents for programs "<a href="https://www.techdirt.com/articles/20130509/09013323019/new-zealand-bans-software-patents-as-such-tries-to-pin-down-what-earth-that-means.shtml">as such</a>" was welcome, other moves there have been more problematic.  For example, after it became clear that the New Zealand intelligence service, the Government Communications Security Bureau (GCSB), illegally wiretapped and spied on Kim Dotcom, the New Zealand government announced that it would change the law so as to make it legal in the future to <a href="https://www.techdirt.com/articles/20130506/07342322961/new-zealand-wants-new-spying-powers-to-legalize-illegal-spying-kim-dotcom-others.shtml">snoop</a> on New Zealanders as well as on foreigners.  Judging by a major new bill that has been unveiled, that was just the start of a thoroughgoing plan to put in place the capability to spy on every New Zealander's Internet activity at any moment.

<a href="http://techliberty.org.nz/govt-proposes-gcsb-control-over-nz-communications-in-new-tics-bill/">Here's an excellent analysis of what the bill proposes</a>, from Thomas Beagle, co-founder of the New Zealand digital rights organization Tech Liberty:

<i><blockquote>The TICS [Telecommunications (Interception Capability and Security)] Bill is a replacement for the Telecommunications (Interception Capability) Act 2004. This law forced communications providers (ISPs, telcos, data networks, etc) to provide "lawful intercept" capabilities so that the Police, SIS and GCSB could access communications once they had a suitable warrant. The new bill expands and clarifies these requirements.
<br /><br />
However, the addition of the word "security" is the key to what has changed. The new bill now gives the GCSB sweeping powers of oversight and control over the design, deployment and operation of all data and telecommunications networks run by network providers in New Zealand. The stated reasons are to both protect New Zealand's infrastructure and to ensure that surveillance agencies can spy on traffic when required. As part of this, the GCSB will have the power to stop network providers from reselling overseas services that do not provide these capabilities.</blockquote></i>

As Beagle goes on to explain, this will have a number of implications, including a requirement to build backdoors into all telecoms networks:

<i><blockquote>From the Bill:

<blockquote>A network operator must ensure that every public telecommunications network that the operator owns, controls, or operates, and every telecommunications service that the operator provides in New Zealand, has full interception capability.</blockquote>

Note that the surveillance agencies still need to have a legally issued warrant (under the Search &#038; Surveillance Act, NZ SIS Act, or GCSB Act) to actually intercept any communications and there are obligations to avoid capturing communications that are not covered by the warrant.</blockquote></i>

Here's one way that could dramatically impact Internet users in New Zealand:

<i><blockquote>It then goes on to give the Minister the power to ban the resale of an off-shore telecommunications service in New Zealand if it does not provide interception capabilities. This could stop the resale of foreign-hosted VPNs, instant message services, email, etc.</blockquote></i>

Another clause could have major implications for Megaupload:

<i><blockquote>Network operators must decrypt the intercepted communications if they have provided the encryption, but there is no obligation to do so if the encryption is provided by others.
<br /><br />
What does this mean for providers such as Mega (file locker) or LastPass (password storage) who have a business model based on the fact that they supply a cloud product that uses encryption but have deliberately designed it so that they can not decrypt the files themselves? This gives users the assurance that they can trust them with their data. Will the government close them down unless they provide a backdoor into the system?</blockquote></i>

One deeply troubling aspect is the following:

<i><blockquote>There is also a provision that allows the courts to receive classified information in a court case in the absence of the defendant or the defendant's lawyer. This applies to information that might reveal details of the interception methods used by the surveillance agency or is about particular operations in relation to any of the functions of the surveillance agency, or is provided as secret information from the surveillance agencies of another country. It can also be used if that disclosure would prejudice security of NZ, prejudice the maintenance of law, or endanger the safety of any person.</blockquote></i>

As Beagle notes:

<i><blockquote>particularly offensive to civil liberties are the provisions for convicting people based on secret evidence. How can you defend yourself fairly when you can't even find out the evidence presented against you?</blockquote></i>

He concludes with an important point:

<i><blockquote>One must ask where the justification for this expansion of power is coming from. Has New Zealand already been materially affected by attacks on our communications infrastructure? It seems clear that while the GCSB may not be that competent at exercising the powers they already have, they have done a fine job of convincing the government that they can handle a lot more.</blockquote></i>

That's a question that needs to be put to the governments of other countries, like the US and UK, that are also seeking to extend massively their ability to spy on their own citizens.  What evidence do they have that such extreme, liberty-threatening powers are actually necessary, and will make the public safer, rather than simply being a convenient way for governments to identify whistleblowers who expose their incompetence and corruption, say, or to spy on those who dare to oppose them?
<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/20130514/07513223080/kiwis-want-to-spy-all-communications-vpns-be-able-to-use-secret-evidence-against-you.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130514/07513223080/kiwis-want-to-spy-all-communications-vpns-be-able-to-use-secret-evidence-against-you.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130514/07513223080/kiwis-want-to-spy-all-communications-vpns-be-able-to-use-secret-evidence-against-you.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-justification-needed</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130514/07513223080</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 7 Mar 2013 10:44:19 PST</pubDate>
<title>European Parliament Considers Banning All Pornography, Blocks Emails From EU Citizens Protesting Against Censorship</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130306/15203822230/european-parliament-considers-banning-all-pornography-blocks-emails-eu-citizens-protesting-against-censorship.shtml</link>
<guid>http://www.techdirt.com/articles/20130306/15203822230/european-parliament-considers-banning-all-pornography-blocks-emails-eu-citizens-protesting-against-censorship.shtml</guid>
<description><![CDATA[ <p>
A few weeks ago we wrote about Iceland's thoroughly daft idea of trying to <a href="https://www.techdirt.com/articles/20130214/02240921968/iceland-going-protecting-free-speech-online-to-setting-up-their-own-great-firewall.shtml">block porn</a> there.  Bad proposals for the Internet always seem to spread, and so it should perhaps come as no surprise that the <a href="https://christianengstrom.wordpress.com/2013/03/06/an-eu-proposal-to-ban-porn-through-self-regulation/">European Parliament will be considering a similarly unworkable proposal</a>, but in a rather more covert way, as the Pirate Party politician Christian Engstr&ouml;m noted on his blog:

<i><blockquote>Next week in Strasbourg, probably on Tuesday, the European Parliament will be voting on a Report on eliminating gender stereotypes in the EU. To promote gender equality and eliminating gender stereotypes are of course very laudable goals, so my guess would be that unless something happens, the report will be approved by the parliament, possibly by a very large majority.</blockquote></i>

That would be a good thing, were it not for the following detail:

<i><blockquote>Article 17 of the report says (with emphasis added):

<blockquote>17. Calls on the EU and its Member States to take concrete action on its resolution of 16 September 1997 on discrimination against women in advertising, which called for <b>a ban on all forms of pornography in the media</b> and on the advertising of sex tourism;</blockquote></blockquote></i>

There's no definition of "the media", but it's hard to believe that the digital world would somehow be exempt.  Of course, banning pornography in this way simply won't work, but it will cause huge collateral damage to freedom of speech online in the EU.  As if that weren't bad enough, the way the report wants this put into effect is deeply problematic too:

<i><blockquote>the resolution we will be voting on next week has other things to say about the internet. Article 14 reads (again with my highlighting):

<blockquote>14. Points out that a policy to eliminate stereotypes in the media will of necessity involve action in the digital field; considers that this requires the launching of initiatives coordinated at EU level with a view to developing a genuine culture of equality on the internet; <b>calls on the Commission to draw up in partnership with the parties concerned a charter to which all internet operators will be invited to adhere</b>;</blockquote>

This is quite clearly yet another attempt to get the internet service providers to start policing what citizens do on the internet, not by legislation, but by "self-regulation". This is something we have seen before in a number of different proposals, and which is one of the big threats against information freedom in our society.</blockquote></i>

This is another example of "voluntary" measures that will in fact by compulsory, since any ISP that refuses to implement them will doubtless find itself responsible instead.  As we've noted before, this allows all kinds of dangerous ideas to be implemented in ways that are not subject to judicial review or even challenge.
</p>
<p>
It's important to note that this is not a law as such, but a report, as Engstr&ouml;m explains:

<i><blockquote>This means that it does not automatically become law even if it is adopted, but is just a way for the European parliament to express its opinion.
<br /><br />
But the purpose of these own initiative reports are to serve as the basis for the Commission when it decides to present legislative proposals to the parliament. If this own initiative report is adopted by the parliament, it will strengthen the Commission's position if and when it wants to propose various"self-regulation" schemes in the future.</blockquote></i>

Equally, if the report is defeated next week, it will weaken later attempts by the Commission to bring in self-regulation.  Recognising this, people like Rick Falkvinge have been <a href="http://falkvinge.net/2013/03/06/next-tuesday-the-european-parliament-votes-to-ban-all-your-porn-yes-really-take-immediate-action/">asking Europeans to write to their representatives to urge them to reject the report</a>, as Techdirt user rudeholm <a href="http://www.techdirt.com/user/rudeholm">pointed out</a>.  But as Engstr&ouml;m now reports, <a href="https://christianengstrom.wordpress.com/2013/03/07/european-parliament-censors-citizens-trying-to-contact-meps/">emails on these censorship plans are being blocked by the European Parliament's tech department</a>:

<i><blockquote>around noon, these mails suddenly stopped arriving. When we started investigating why this happened so suddenly, we soon found out:
<br /><br />
<b>The IT department of the European Parliament is blocking the delivery of the emails on this issue, after some members of the parliament complained about getting emails from citizens.</b></blockquote></i>

This is exactly what happened with ACTA, when the Parliamentary authorities decided that <a href="http://blogs.computerworlduk.com/open-enterprise/2012/02/acta-update-vi/index.htm">all emails on the subject would go straight into the spam folder</a>.  It's extraordinary to see how quickly politicians forget that hundreds of thousands of people took to the streets to defend their online rights back then, and how unceremoniously dumping their emails in the spam folder only made things worse.
</p>
<p>
Discussions have been taking place on Twitter around the hashtag <b>#mepblock</b> (disclosure: I've been part of these), and an e-petition has been created, <a href="http://cms.fightforthefuture.org/eucensored/">calling on European politicians to drop their censorship and to listen to their constituents</a> as they are supposed to, instead of just ignoring them.  There are still a few days before the vote next week, so there's plenty of time for further developments in what looks like becoming an increasingly heated debate.
</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/20130306/15203822230/european-parliament-considers-banning-all-pornography-blocks-emails-eu-citizens-protesting-against-censorship.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130306/15203822230/european-parliament-considers-banning-all-pornography-blocks-emails-eu-citizens-protesting-against-censorship.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130306/15203822230/european-parliament-considers-banning-all-pornography-blocks-emails-eu-citizens-protesting-against-censorship.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-democracy?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130306/15203822230</wfw:commentRss>
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<item>
<pubDate>Fri, 8 Feb 2013 11:42:29 PST</pubDate>
<title>SEC Still Way Behind The Times In Dealing With The Way People Communicate</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130201/15590621860/sec-still-way-behind-times-dealing-with-way-people-communicate.shtml</link>
<guid>http://www.techdirt.com/articles/20130201/15590621860/sec-still-way-behind-times-dealing-with-way-people-communicate.shtml</guid>
<description><![CDATA[ Way back in 2006, Jonathan Schwartz, then the CEO of Sun, caused a ruckus at the SEC for doing the amazing thing of trying to <a href="http://www.techdirt.com/articles/20061107/114846.shtml">disclose</a> material news about the company on his blog.  The SEC was concerned about this, because it massively over-regulates communications from public companies, specifically under Regulation FD (for "fair disclosure").  The issue is that information needs to be available widely at the same time so that no one has a particular advantage (i.e., you can't just reveal info to some big bankers on Wall St. who trade on it, and then release your press release later).  But, in our over-regulated world, the SEC had to go through a long process before deciding that, in this modern digital world, perhaps these crazy "blog" things are okay.
<br /><br />
We're seeing something of a repeat of the episode a little more than six years later, Netflix CEO Reed Hastings wrote on his Facebook account the news that Netflix users were watching "nearly a billion hours per month."  The SEC decided that this might be material information that Hastings had <a href="http://www.huffingtonpost.com/david-meerman-scott/sec-netflix-facebook_b_2256730.html" target="_blank">dangerously shared in a new-fangled manner</a> and this might violate RegFD.  Amusingly, Hastings told the world about this... <a href="http://www.facebook.com/reed1960/posts/10151212552589584" target="_blank">via Facebook</a>.
<blockquote><i>
SEC staff informed us yesterday that they are recommending that the SEC bring a civil action against us for my July 1 billion hour public post, asserting we violated &#8220;Reg FD&#8221;. This rule is designed to ensure that individual investors have equal access to information as large institutional investors, by prohibiting selective disclosure of material information. The SEC staff believes that I gave you all &#8220;material&#8221; investor information in my post and that we needed to instead release the June viewing fact &#8220;publicly&#8221; with an 8-K filing or press release. 
</i></blockquote>
Hastings points out that the whole thing is stupid.  The Facebook postings are public and viewable by anyone with a Facebook account, and he already has 200,000 subscribers to his updates.  Furthermore, he pointed out that the announcement itself had nothing to do with "material" information for investors, it was just cool news -- which had been blogged about a few weeks earlier anyway.
<br /><br />
Hastings finds the whole thing so ridiculous (and it is) that he's <a href="http://www.bloomberg.com/news/2013-01-30/netflix-ceo-says-won-t-retreat-from-sec-on-facebook-posts.html" target="_blank">promised to keep posting news to Facebook</a> even as the SEC continues its "investigation."  As he points out, the whole thing is more about SEC red tape than any reasonable regulation:
<blockquote><i>
&#8220;Reg FD was about protecting me from telling Carl Icahn something special, the big investor, that not everyone else got,&#8221; Hastings said. &#8220;This was me talking to 200,000 Facebook followers; it is letting the small guy in on the information.&#8221; 
</i></blockquote>
It would be nice if our various regulatory institutions didn't react to any new technology by automatically dumping it into the "must be evil / most be stifled" category.<br /><br /><a href="http://www.techdirt.com/articles/20130201/15590621860/sec-still-way-behind-times-dealing-with-way-people-communicate.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130201/15590621860/sec-still-way-behind-times-dealing-with-way-people-communicate.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130201/15590621860/sec-still-way-behind-times-dealing-with-way-people-communicate.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>broken-regulations</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130201/15590621860</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 8 Jan 2013 03:49:31 PST</pubDate>
<title>UK Police Department Twitter Accounts Offer FREE iPads... With A Catch</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130107/17140221602/uk-police-department-twitter-accounts-offer-free-ipads-with-catch.shtml</link>
<guid>http://www.techdirt.com/articles/20130107/17140221602/uk-police-department-twitter-accounts-offer-free-ipads-with-catch.shtml</guid>
<description><![CDATA[ Normally, if someone were to offer you a FREE iPad or the like unsolicited via the interweb, you'd either be a) reasonably suspicious or b) consulting various anti-malware forums in hopes of regaining control of your computer/Facebook account/credit history. But what if that offer were to come from a more respectable source -- say, an official police Twitter account? If you answered "b" then you're probably taking stock of your life and wondering if leading a life of crime is really for you.
<br /><br />
Police in Leicester did <i>exactly</i> that, <a href="http://www.huffingtonpost.co.uk/2013/01/07/lecester-police-tweet_n_2423025.html" target="_blank">tweeting out this tantalizing offer to the public a few days ago</a>.
<blockquote class="twitter-tweet tw-align-center"><p>Not a scam: If you've committed a burglary in the <a href="https://twitter.com/search/%23Leicester">#Leicester</a> area within the last week - come to our <a href="https://twitter.com/search/%23police">#police</a> station &#038; claim a FREE iPad.</p>&mdash; Leicester Police (@CityCentreLPU) <a href="https://twitter.com/CityCentreLPU/status/287937337781002240" data-datetime="2013-01-06T15:03:05+00:00">January 6, 2013</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script><blockquote>
<i>"Not a scam: If you've committed a burglary in the #Leicester area within the last week - come to our #police station &#038; claim a FREE iPad."</i>
</blockquote>
While it's doubtful this police department <a href="https://twitter.com/CityCentreLPU/status/287937337781002240" target="_blank">snagged any criminals with this playful tweet</a> (although I'm holding out hope that it will), it did manage to catch that attention of another police department, <a href="https://twitter.com/SolihullPolice/status/288026387879702528" target="_blank">who accused the Leicester police of tweet theft</a>.
<blockquote class="twitter-tweet tw-align-center"><p>.@<a href="https://twitter.com/citycentrelpu">citycentrelpu</a> &#8211; we need to talk to you about a tweet theft earlier today, &#8220;You do not have to say anything, but it may harm your....</p>&mdash; Solihull Police (@SolihullPolice) <a href="https://twitter.com/SolihullPolice/status/288026387879702528" data-datetime="2013-01-06T20:56:56+00:00">January 6, 2013</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script><blockquote>
<i>.@CityCentreLPU &ndash; we need to talk to you about a tweet theft earlier today, &ldquo;You do not have to say anything, but it may harm your....</i>
</blockquote>
The Solihull Police had apparently made the same offer to gullible criminals earlier that day, but had only received 18 retweets as compared to the 4,000 received by Leicester's purloined tweet. An apology was extended and both police departments went back to work, providing a mixture of the useful and the comical, with Solihull PD helping <a href="http://twitter.com/SolihullPolice/status/277096758948003840" target="_blank">reunite lost cannabis with its owner</a> and the Leicester Police <a href="http://twitter.com/CityCentreLPU/status/288033963241512961" target="_blank">performing field sobriety tests via Twitter</a>.
<br /><br />
I know we tend to focus on the negative side of the law enforcement community so it's nice to see little exchanges like this coming from official channels. It goes a long way towards humanizing these two departments, keeping these accounts from turning into faceless department bullhorns dispensing nothing but blotter activity and talking points.<br /><br /><a href="http://www.techdirt.com/articles/20130107/17140221602/uk-police-department-twitter-accounts-offer-free-ipads-with-catch.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130107/17140221602/uk-police-department-twitter-accounts-offer-free-ipads-with-catch.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130107/17140221602/uk-police-department-twitter-accounts-offer-free-ipads-with-catch.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>please-tell-me-someone-fell-for-this</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130107/17140221602</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 24 Jul 2012 19:51:06 PDT</pubDate>
<title>Apparently A Debate: Would Twitter Benefit If Users Had To Pay To Use It?</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20120723/12010919799/apparently-debate-would-twitter-benefit-if-users-had-to-pay-to-use-it.shtml</link>
<guid>http://www.techdirt.com/articles/20120723/12010919799/apparently-debate-would-twitter-benefit-if-users-had-to-pay-to-use-it.shtml</guid>
<description><![CDATA[ According to Mathew Ingram at GigaOM, there is apparently a raging debate over whether or not <a href="http://gigaom.com/2012/07/22/free-vs-paid-would-twitter-be-better-if-you-paid-for-it/">Twitter would actually benefit as a service if users had to pay </a>to use it. I&#39;ll admit to being a little bit surprised when I saw this, but digging into the details brought what I think is a wonderful conclusion as to why the answer is definitively "no".
<br /><br />
This all more or less started (or at least really took off) when Dalton Caldwell, who&nbsp;founded Imeem, announced he wanted to <a href="http://daltoncaldwell.com/an-audacious-proposal">create a for-pay service</a> similar to Twitter. Caldwell states that services like Twitter don&#39;t realize their full potential in what he deems an "advertising-supported monoculture".
<blockquote>
<i>"All of these services are essentially in the same business: vying for the opportunity to sell you/your clickstream to advertisers. &hellip; I have no interest in completely opting out of the social Web. But please, I want a real alternative to advertising hell. I would gladly pay for a service that treats me better."</i>
</blockquote>
It&#39;s a concept that I think many people might first agree with...but only if they don&#39;t think about it for more than thirty seconds. The first flaw in this line of thinking is that users paying for the service is somehow a firm requirement to avoid what Caldwell calls "advertising hell". I don&#39;t think they do; rather, I think that each new service that comes out can be built upon and each innovation can make each service better, including in the way users are impacted by advertisements. As an example, Caldwell could have penned something similar in the 90&#39;s, bemoaning a Myspace that had clearly become a musical and bloated hell, so obviously we need to make a social media site that is paid for by users.
<br /><br />
Except that&#39;s not what we needed. We needed Facebook which, contrary to all the status updates you may have read, does not charge users.
<br /><br />
The second flaw in Caldwell&#39;s statement is the assumption that advertising does now and always will make us want to bang our heads against the walls in frustration. Certainly advertisements can be annoying, but we&#39;ve talked repeatedly about how <a href="http://www.techdirt.com/articles/20100222/1028568252.shtml">advertising is simply more content</a>, and it can be good or bad. As digital ads continue to get better and better, this "advertising hell" may become an "advertising heaven." Or at least an "advertising purgatory," where the annoyance factor is minimal. In any case, if ads were wanted, then Caldwell&#39;s service loses out.
<br /><br />
But perhaps that most articulate reason why a service like Twitter <i>should not</i> charge users to join in is made by venture capitalist Fred Wilson:
<blockquote>
<i>"Wilson maintains that a free model is the only way to get the kind of network effects necessary for a large consumer business. He also argues that charging users is contrary to the rationale behind such services, since the content being monetized is coming from those same users:</i>
<br /><br />
<i>&#39;When scale matters, when network effects matter, when your users are creating the content and the value, free is the business model of choice. And I don&rsquo;t think anything has changed to make that less true today. If anything, it is more true.&#39;"</i>
</blockquote>
What Wilson notes about the content being created by the users is the key point to me. Twitter is a great stage, but those of us that use it are the stars (to varying degrees). To charge the people who are creating the content on your platform seems completely backwards, particularly considering the effect that will have on how your service scales.&nbsp;
<br /><br />
Consider the recent story we ran about how an Irish rail operator used Twitter to reunite a <a href="http://www.techdirt.com/articles/20120705/03125719584/irish-rail-uses-twitter-to-help-reunite-lost-dog-with-owner.shtml">person and their dog</a>: does that happen if you have to pay for the service, reducing its user base? I don&#39;t think it does.<br /><br /><a href="http://www.techdirt.com/articles/20120723/12010919799/apparently-debate-would-twitter-benefit-if-users-had-to-pay-to-use-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120723/12010919799/apparently-debate-would-twitter-benefit-if-users-had-to-pay-to-use-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120723/12010919799/apparently-debate-would-twitter-benefit-if-users-had-to-pay-to-use-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>easy-answer</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120723/12010919799</wfw:commentRss>
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<item>
<pubDate>Tue, 24 Jul 2012 00:03:00 PDT</pubDate>
<title>Sweded Movies: The Fans Talk Back</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120720/08221119776/sweded-movies-fans-talk-back.shtml</link>
<guid>http://www.techdirt.com/articles/20120720/08221119776/sweded-movies-fans-talk-back.shtml</guid>
<description><![CDATA[ <p>One of the defining characteristics of the digital world -- and one of the problems for copyright law, which was conceived in an analog age --  is the importance of being able to build on the work of others not just indirectly, but directly, through mashups or the re-use of existing material.  <a href="http://www.techdirt.com/profile.php?u=rudeholm">Stig Rudeholm</a> points us to <a href="http://www.guardian.co.uk/film/2012/jul/05/sweded-movies-end-of-hollywood">a fascinating feature in the Guardian about "sweded movies"</a>: home-made tributes to Hollywood titles that adopt precisely this approach of creative re-interpretation.  The name apparently comes from the film "Be Kind Rewind", where DIY imitations of studio favorites are passed off as Swedish editions.
</p><p>
As the article's author, Ben Walters, writes, beyond the surface humor, there's something interesting happening here:

<i><blockquote>sweded movies are a form of talking back to Hollywood. Along with recut trailers and "supercuts" of familiar tropes, they represent a fledgling digital moving-image culture that presents a radical challenge to the mainstream movie industry. They are created as fun for fans but the ideas of entitlement and agency underpinning these videos will shape how we all consume -- and produce -- moving images in the 21st century. They are a taste of what comes after Hollywood.</blockquote></i>

He gives some examples of that "talking back":

<i><blockquote>see, for instance, the video <a href="http://www.youtube.com/watch?v=qJlbPXZEpRE">The Star Wars That I Used to Know</a>, which combines anti-Lucas sentiment with Gotye's music. The same sense of media-savvy pushback is evident in trailers that reconfigure <a href="http://www.youtube.com/watch?v=sfout_rgPSA">The Shining as a family comedy</a> or <a href="http://www.youtube.com/watch?v=U71P5FKFqfg">Mrs Doubtfire as a stalker horror</a>; and in supercuts that point out <a href="http://www.youtube.com/watch?v=d4uv0eD5Ufg">how much Julianne Moore likes to cry</a> or <a href="http://www.youtube.com/watch?v=1jRhgNp-fNc">how often the word "fuck" is used in The Big Lebowski</a>.</blockquote></i>

What's striking about these, he suggests, is the lack of traditional deference to Hollywood and its highly-paid artists.  Films are no longer immaculate creations that can be looked at but not touched; instead, cinema has become a store of images, sounds and symbols to be constantly reshuffled, re-used and reshaped in new works of sweded art, offering yet another example of lowered barriers to creativity brought about by low-cost digital technology.
</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/20120720/08221119776/sweded-movies-fans-talk-back.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120720/08221119776/sweded-movies-fans-talk-back.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120720/08221119776/sweded-movies-fans-talk-back.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>losing-control</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120720/08221119776</wfw:commentRss>
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<pubDate>Mon, 23 Jul 2012 05:08:00 PDT</pubDate>
<title>Harsh Tweet Gets Fan Kicked Out Of Nerd Rapper's Show</title>
<dc:creator>Zachary Knight</dc:creator>
<link>http://www.techdirt.com/articles/20120720/19564619782/harsh-tweet-gets-fan-kicked-out-nerd-rappers-show.shtml</link>
<guid>http://www.techdirt.com/articles/20120720/19564619782/harsh-tweet-gets-fan-kicked-out-nerd-rappers-show.shtml</guid>
<description><![CDATA[ We talk an awful lot about the need for artists to <a href="http://www.techdirt.com/blog/casestudies/articles/20120502/15324918745/how-amanda-palmer-built-army-supporters-connecting-each-every-day-person-person.shtml">connect with their fans</a> in order to succeed. One of the easiest tools to use in this effort is Twitter. In fact, Twitter is so easy to use, it has almost become the default method for many artists to communicate and connect. Unfortunately, it has an equal ability to cause strife between an artist and a fan. This is the lesson that one nerd rapper, MC Chris, learned recently.<br />
<br />
It all started when one fan, Taylor, <a href="http://kotaku.com/5927150/geek-rap-star-kicks-fan-out-of-concert-over-tweet" target="_blank">sent a tweet complaining about the opening act of an MC Chris concert</a>. This tweet was then read by MC Chris while he was preparing to go on stage. It all went down hill from there.
<blockquote>
<i>"I was in my green room checking on my Twitter," he said. "During the show, someone tweeted something negative about Richie. And I don&#39;t have a problem with stuff like this. I get made fun of and called all sorts of name every day. But if someone messes with my friend I have this weird reaction that happens, and I do things that probably are kind of not normal, abnormal. I just become extremely protective.</i><br />
<br />
<i>"I marched onstage, and in between songs with Richie, I grabbed the microphone and I said &#39;Who is this person&#39;s name,&#39; he came up, and I said, &#39;You&#39;re going to have to go off with somebody with the venue and tell them to escort you off for talking shit on Twitter.&#39;"</i></blockquote>
Taylor relented and left the show. Then it got even worse, but mostly for MC Chris. Not only did Kotaku get ahold of the story, but Taylor also posted his story to <a href="http://www.reddit.com/r/gaming/comments/wrm3v/so_i_was_kicked_out_of_mc_chriss_concert_last/" target="_blank">Reddit</a>. It was this widespread dissemination in the online community that eventually led to MC Chris apologizing <a href="http://www.youtube.com/watch?v=H4sKQBbdPbo" target="_blank">on video</a> and breaking down in tears while doing so.<br />
<br />
There are a number of lessons to learn from this. The internet provides a way for us to quickly express our opinions. Not all of those opinions are going to be well received, particularly by those we criticize. However, the best response to something like that is not to attack the source of the criticism or the <a href="http://www.techdirt.com/articles/20111008/01404116265/should-we-pass-law-to-stop-yelp-harming-chain-restaurants.shtml">tool those people use</a>. The lesson that MC Chris has learned the hard way is that by responding to online criticism with an attack on the person behind it, he has not lost just one fan but the respect of a whole lot of others. While his apology seems sincere, such things tend to not heal wounded fans very easily.
<br /><br />
That said, it is great that MC Chris was taking an interest in what his fans were saying about him and his opening acts. Doing so can be a great way to gauge the how well recieved you are and how you can improve. However, lashing out when negative opinions are shared will do nothing but harm your reputation and your ability to monetize your work. We know that <a href="http://www.techdirt.com/blog/casestudies/articles/20120209/10092617711/if-people-like-you-your-work-theyll-pay-if-they-like-your-work-dont-like-you-theyll-infringe.shtml">if people like you and your work, they&#39;ll pay</a>.<br /><br /><a href="http://www.techdirt.com/articles/20120720/19564619782/harsh-tweet-gets-fan-kicked-out-nerd-rappers-show.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120720/19564619782/harsh-tweet-gets-fan-kicked-out-nerd-rappers-show.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120720/19564619782/harsh-tweet-gets-fan-kicked-out-nerd-rappers-show.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>disconnecting-from-fans</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120720/19564619782</wfw:commentRss>
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<pubDate>Tue, 27 Mar 2012 07:34:47 PDT</pubDate>
<title>Patents Threaten To Silence A Little Girl, Literally</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120326/08360818246/patents-threaten-to-silence-little-girl-literally.shtml</link>
<guid>http://www.techdirt.com/articles/20120326/08360818246/patents-threaten-to-silence-little-girl-literally.shtml</guid>
<description><![CDATA[ <p>Slashdot <a href="http://hardware.slashdot.org/story/12/03/25/1919247/software-patents-not-so-abstract-when-the-lawsuits-hit-home" target="_blank">points us</a> to a sad story from blogger Dana Nieder, providing yet more evidence of how patent monopolies can hold back innovation and do very real damage to people's lives in the process&mdash;and how people are interested in progress, not patents. As Dana says in her post, she understandably doesn't give a damn about legal details when something as important as <a href="http://niederfamily.blogspot.ca/2012/03/goliath-v-david-aac-style.html" target="_blank">her daughter's ability to communicate is at stake</a>:</p>

<blockquote><em>My daughter, Maya, will turn four in May and she can&#8217;t speak.  The only word that she can consistently say with 100% clarity is &#8220;done&#8221;&#8212;which, while helpful, isn&#8217;t really enough to functionally communicate.   When Maya was two and a half we introduced her to the iPad, and we&#8217;ve danced with AAC (augmentative and alternative communication) ever since.  We experimented with a few communication apps, but nothing was a perfect fit.  After an extensive search for the perfect app, we found it:  Speak for Yourself.   Simple and brilliant, we saw that it had the potential to serve Maya into adulthood, but was also simple enough for her to start using immediately.  
<br /><br />
And she liked it.  And it worked.  And I started to have little flashes of the future, in which she could rapidly tap out phrases and ideas and tell me more and more of the secret thoughts that fill her head&#8212;the ones that I&#8217;m hungry to hear and she&#8217;s dying to share but her uncooperative mouth just can&#8217;t get out.  
<br /><br />
My kid is learning how to &#8220;talk.&#8221;  It&#8217;s breathtaking.
<br /><br />
But now Speak for Yourself in under fire, and from a surprising (to an AAC outsider) or not-so-surprising (to an AAC insider) source.  They&#8217;re being sued by Semantic Compaction Systems and Prentke Romich Company, big names in the AAC world.  SCS and PRC allege that Speak for Yourself is infringing on their patents.  I&#8217;m going to be honest: I don&#8217;t know about patents and infringement, and I&#8217;m not going to get into debates about the legal merits of the case, because that&#8217;s a conversation in which I would quickly drown.</em></blockquote>

<p>Dana explains that her defense of the app isn't arbitrary. Before discovering Speak For Yourself, she explored dedicated speech devices from the big AAC companies, including Prentke Romich. None of their options were suited to her daughter, and they all carried hefty price tags&mdash;as in $7,000+ hefty. She began asking around to see if PRC or any of the other big companies were planning on releasing an iPad app, and learned that although many customers were clamoring for one, the companies had no intention of meeting their demands. They didn't want an affordable option out there reducing sales of their expensive systems.</p>

<p>Whenever the incumbents of any industry are ignoring the demands of their customers, you can bet that someone else is paying attention. In this case, it was speech-language pathologists Heidi LoStracco and Renee Collender, the pair behind Speak For Yourself. The app's website explains <a href="http://www.speakforyourself.org/About_Us.html" target="_blank">how it came about</a>:</p>

<blockquote><em>Mrs. LoStracco and Mrs. Collender began to see a shift in the field when the iPad was released. Mrs. Collender says, "Districts and parents were buying an iPad with an 'AAC' app on it and saying, 'Make this work.'  We would try to reprogram the applications with the language that the children needed, but it took forever and it was never really 'right.'"  Heidi and Renee say that it got to the point that someone was asking them about iPad applications for AAC every day, and they decided that they needed a better answer.  Heidi says, "We would tell them, there's not really an effective AAC app out there yet, but when there, is, we'll be the first to tell you about it.&#8221; Then we started thinking that we could create something that followed motor learning principles and gave individuals access to the language they needed to communicate effectively, and that's when we designed Speak for Yourself."  Renee says, "We've always believed that communication is a basic human right, and the only AAC pre-requisite skill that a nonverbal person needs is a pulse."</em></blockquote>

<p>Dana points out that PRC's mission statement begins "We Believe Everyone Deserves A Voice" and that their refusal to create an affordable iPad app, and now their attempts to crush a competitor who did, clearly runs counter to that mission. For her, that's basically where the discussion ends: a company is trying to take away the only thing that has been able to give her daughter a voice, and she couldn't care less whether or not they have the legal right to do so.</p>

<p>It's hard not to sympathize with her position, even though the <a href="http://www.scribd.com/priorsmart/d/83475314-Semantic-Compaction-Systems-et-al-v-Speak-For-Yourself-et-al" target="_blank">lawsuit</a> and the patent in question, <a href="http://www.google.com/patents?id=SRQZAAAAEBAJ&#038;printsec=frontcover&#038;dq=5,920,303&#038;hl=en&#038;sa=X&#038;ei=TpNwT7P-DYno0gG73bT1Bg&#038;ved=0CDIQ6AEwAA" target="_blank">#5,920,303</a>, both appear to be solid. As Dana's story gains traction, we can only hope that it will increase social pressure on PRC and possibly shame them into allowing Speak For Yourself to survive by offering them an affordable license, or at least releasing their own iPad app at a similar price point&mdash;but as we've <a href="http://www.techdirt.com/articles/20120312/02424818071/putting-lives-before-patents-india-says-pricey-patented-cancer-drug-can-be-copied.shtml">seen</a> with <a href="http://www.techdirt.com/articles/20120321/05042018182/another-boost-generics-brazilian-judge-annuls-patent-key-aids-drug.shtml">pharmaceutical companies</a>, the holders of life-saving and life-changing patents often don't seem too bothered about withholding them no matter what it does to their public image.</p>

<p>Ultimately, this is more evidence that in today's world of rapid innovation, tech monopolies are increasingly untenable. Big companies that have dominated niche markets for years&mdash;and have long since paid off their R&#038;D costs by charging monopoly rates&mdash;are being disrupted by nimbler competitors. As we've seen with media and software piracy, this happens whether or not the competitors are "legitimate" under intellectual property law. Can there be any doubt that, if Speak For Yourself is shut down and the app eliminated, Dana will seek out a way to keep it running on her daughter's iPad? Since her story is running on Slashdot, she's already received comments with advice on how to do so, and suggestions that she contact Speak For Yourself and convince them to release their source code on github. At the moment, it looks like she just plans on turning off all connectivity on the iPad so that it will no longer sync and the app will remain even if it is removed from the iTunes store. Can anyone blame her? The simple fact is that markets always eventually find a way to meet demands&mdash;and if companies (especially those in industries that seriously affect people's lives) use their intellectual property to block powerful market forces, that control will eventually be wrested from them, one way or another.</p><br /><br /><a href="http://www.techdirt.com/articles/20120326/08360818246/patents-threaten-to-silence-little-girl-literally.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120326/08360818246/patents-threaten-to-silence-little-girl-literally.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120326/08360818246/patents-threaten-to-silence-little-girl-literally.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>profit-motives</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120326/08360818246</wfw:commentRss>
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<pubDate>Wed, 15 Feb 2012 08:52:57 PST</pubDate>
<title>The Pirate Bay's Peter Sunde Questions Why We Let Dying Industries Dictate Terms Of Democracy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml</link>
<guid>http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml</guid>
<description><![CDATA[ Peter Sunde, a very thoughtful and insightful guy, who's been completely demonized by the entertainment industry for his role with The Pirate Bay, has written up an interesting piece for Wired UK where he not only <a href="http://www.wired.co.uk/news/archive/2012-02/13/peter-sunde-evolution" target="_blank">goes over highly questionable issues related to his conviction</a>, but raises a larger question about why we, as a society, allow one obsolete industry to have so much power in government and policy issues.  The connections between those involved in his prosecution and the entertainment industry are simply too numerous to be fair:
<blockquote><i>
<p>The Swedish prosecutor sent out a memo in 2006 saying
that <a href="http://rixstep.com/2/1/20101017,00.shtml">TPB
wasn't guilty of "main" crimes</a> -- at best it aids and
abets (he also mentioned that the people running TPB were very
clever). But Hollywood was not happy with this and forced the
Swedish Minister of Justice to visit the White House and talk about
it. The United States told Sweden that if they didn't get rid of
the site, they would not be allowed to trade with the US!</p>

<p>The minister (illegally) told the prosecutor what had happened
which forced him <a href="http://www.wired.com/threatlevel/2008/02/the-pirate-bay/">to raid
TPB</a> -- only a few weeks after sending out that memo about
how legal it was.</p>

<p>Evidently, Warner Brothers felt that the investigation was
taking too long. The studio contacted the police officer in charge
of the investigation (one person that worked mostly by himself) and
before I had even been questioned by him, he interviewed for a job
with Warner Brothers.</p>

<p>When we found out  <a href="http://torrentfreak.com/warner-confesses-pirate-bay-cop-compromised-080605/">
he'd been hired</a> (by him changing his employer from
"Polisen" to "Warner Bros" on Facebook) the reply we got was that
it was proof that Swedish IT police are of such high caliber that
even the big US companies would hire them.</p>

<p>I got promoted from "witness" to "suspect" a week after the job
was promised.</p>

<p>During the trial it turned out that the <a href="http://www.wired.com/threatlevel/2009/04/pirateconflict/" title="Pirate Bay Judge Exposed as Member of Pro-Copyright Groups">judge
was the chairman for the Swedish pro-copyright society</a>, one lay
judge ran a record company, another one was formerly the chairman
for the songwriter lobby organisation. I could go on.</p>
</i></blockquote>
It's stories like this that raise significant questions about the prosecution.  Even if you believe that Sunde was guilty of what he was charged with, I would think you should be able to admit that the list of things above should not have happened under any circumstance.  When you read that... and then realize that the guy leading the prosecution against Megaupload for the US DOJ <a href="http://news.cnet.com/8301-31001_3-57364004-261/u.s-attorney-chasing-megaupload-is-former-piracy-fighter/" target="_blank">used to work for the industry</a> as an "anti-piracy" exec -- you see the same pattern happening again and again.  People who have too close connections to industry are making decisions on these issues designed to protect their industries, rather than looking at the actual impact on society and the economy.  That's a pretty big problem, and shows how "regulatory capture" can sometimes become "judicial capture" as well.<br /><br /><a href="http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-like-a-reasonable-question</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120214/01404517751</wfw:commentRss>
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<pubDate>Fri, 3 Feb 2012 19:39:00 PST</pubDate>
<title>We're Living In the Most Creative Time In History</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120131/23562317608/were-living-most-creative-time-history.shtml</link>
<guid>http://www.techdirt.com/articles/20120131/23562317608/were-living-most-creative-time-history.shtml</guid>
<description><![CDATA[ As we recently noted in our <a href="http://www.techdirt.com/skyisrising/">The Sky Is Rising</a> study, all of the evidence shows that we're living in a time of true abundance in terms of the content world.  All of the data shows this.  It's really incontrovertible.  And yet, we keep hearing from certain folks -- often legacy entertainment industry interests -- that somehow the content creation world is at risk.  That's pretty difficult to square with reality.  In fact, I think it could be argued that if the industry gets its way with some of its legal proposals that would put this amazing age of creativity at much greater risk than anything the industry is complaining about.
<br /><br />
It seems that plenty of others are recognizing this as well.  Tom sent over a great blog post by Terry Border of Bent Objects, explaining why <a href="http://bentobjects.blogspot.com/2012/01/im-just-writing-this-to-get-it-out-of.html?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+BentObjects+%28Bent+Objects%29" target="_blank">this is the most creative time in history</a>... and why we shouldn't take that for granted.  And, of course, a big reason for such an explosion of creativity is because of the internet, and the ability to not just create, promote and distribute works, but <i>the ability to communicate</i>.
<blockquote><i>
Think about the art of writing for a minute. Think about creative, or biographical, or whatever kind of writing. Before blogging, how many people wrote any more than it took to fill the space of postcard? If it wasn't their profession, I'd say very few.  Now, it seems like everyone has had a blog at one time or another. And now "micro-blogging" is in style thanks to Twitter.  Not as many words you say? Right, but it's a different skill that people are learning. Very concise wording.  Do people want to post boring tweets? Of course not. People spend quite a few minutes of their day trying to write interesting, humorous, or informative Tweets and Facebook updates. Small bits of creativity for sure, but add them up on a weekly basis, and it's quite a bit. 
<br /><br />
I think of all the craftspersons who have learned from each other on-line. Popular knitting blogs for instance have taken that old past-time of grandma's and made it mainstream.  Before Etsy and the like, where would a person sell the scarves and hats that they made besides the occasional craft fair?  I mean, a family only needs so many scarves, and then the knitting needles were put away. Communities on the web not only serve as a place to share work and ideas, but that also serve as shops to sell your product worldwide, creating a reason to make more, and to try new, crazy ideas. Kind of incredible.
</i></blockquote>
That's just a small clip from his longer post, which goes into much more detail.  It's worth a read, and definitely pay attention to his conclusion:
<blockquote><i>
My contention is that these days we live in right now will be looked back on with longing, especially with various governments trying to push through laws to control the internet. If that happens, these will be the good old days, so <b>don't take them for granted. Look around and enjoy.</b> I think this is an incredible time to make things, and I hope it stays around for a while.
</i></blockquote>
Couldn't have said it better myself.  And this is part of the reason why so many people are so worried about things like SOPA, PIPA, ACTA and TPP.  We don't want this amazing era to go away.  We just want it to get better and better.<br /><br /><a href="http://www.techdirt.com/articles/20120131/23562317608/were-living-most-creative-time-history.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120131/23562317608/were-living-most-creative-time-history.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120131/23562317608/were-living-most-creative-time-history.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-true-renaissance</slash:department>
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<pubDate>Tue, 11 Oct 2011 04:55:58 PDT</pubDate>
<title>The Only Way To Stop File Sharing Is To Stop Private Communications</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111006/02041616231/only-way-to-stop-file-sharing-is-to-stop-private-communications.shtml</link>
<guid>http://www.techdirt.com/articles/20111006/02041616231/only-way-to-stop-file-sharing-is-to-stop-private-communications.shtml</guid>
<description><![CDATA[ Christian Engstrom, one of the Pirate Party's elected officials in the EU Parliament, has a straightforward, but completely worthwhile read, about how <a href="http://www.neurope.eu/blog/copyright-law-turns-kids-criminals-reform-will-enrich-artists-and-public" target="_blank">copyright law today simply doesn't fit with what technology has enabled</a>.  He worries that the laws are making nearly everyone a criminal -- and worse, that the direction of change has to make it even worse, not better.
<blockquote><i>
It is impossible to enforce the ban against non-commercial file sharing without infringing fundamental rights. As long as there are ways for citizens to communicate in private, they will be used to share copyrighted materials. The only way to even try to limit file sharing, is to remove the right to private communication. In the last decade, this is the direction that copyright enforcement legislation has moved in, under pressure from big business lobbyists who see their monopolies under threat. We need to reverse this trend, in order to safeguard the fundamental rights.
</i></blockquote>
Furthermore, he notes that when you look at the actual details, it certainly does not show an industry in trouble.  Perhaps parts of the industry -- the parts betting on distribution over plastic discs -- have had some trouble.  But the rest looks pretty damn good:
<blockquote><i>
 In the economic statistics, we can see that household spending on culture and entertainment is slowly increasing year by year. If we spend less money on buying CD records, we spend more on something else, like for instance going to live concerts. This is great news for the artists. An artist will typically get 5-7% of the revenues from a CD record, but 50% of the revenues from a concert. The record companies lose out, but this is only because they are no longer adding any value. 
<br /><br />
It may well be that it will become more difficult to make money within some parts of the cultural sector, but if so, it will become easier in some other &mdash; including new ones, that we have not even imagined so far. But as long as the total household spending on culture continues to be on the same level or rising, nobody can claim that the artists as a group will have anything to lose from a reformed copyright.
</i></blockquote>
Finally, he compares the way the entertainment industry today reacts to file sharing to the way book publishers reacted to public libraries:
<blockquote><i>
 When public libraries were introduced in Europe 150 years ago, the book publishers were very much opposed to this. The argument they used was the same one that is being used today in the file sharing debate: If people could get access to books for free, authors would not be able to make a living, and no new books would be written.
<br /><br />
We now know that the arguments against public libraries were wrong. It quite obviously did not lead to a situation where no new books were written, and it did not make it impossible for authors to earn money from writing. On the contrary, free access to culture proved to be not only a boon to society at large, but also turned out to be beneficial to authors.
</i></blockquote>
But rather than learning from history, the industry still seeks to deny it.<br /><br /><a href="http://www.techdirt.com/articles/20111006/02041616231/only-way-to-stop-file-sharing-is-to-stop-private-communications.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111006/02041616231/only-way-to-stop-file-sharing-is-to-stop-private-communications.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111006/02041616231/only-way-to-stop-file-sharing-is-to-stop-private-communications.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-luck-with-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111006/02041616231</wfw:commentRss>
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<item>
<pubDate>Fri, 5 Aug 2011 07:24:00 PDT</pubDate>
<title>Let Them Tweet Cake</title>
<dc:creator>Marcus Carab</dc:creator>
<link>http://www.techdirt.com/articles/20110802/04442615362/let-them-tweet-cake.shtml</link>
<guid>http://www.techdirt.com/articles/20110802/04442615362/let-them-tweet-cake.shtml</guid>
<description><![CDATA[ <p><a href="http://www.techdirt.com/profile.php?u=butcherer79">Butcherer79</a> points us to the latest voice in the <em>Twitter-is-poisoning-our-children-or-something</em> chorus: the eminent neurophysiologist Baroness Susan Greenfield, who has come out with a firm <a href="http://www.telegraph.co.uk/technology/facebook/8672168/Facebook-and-Twitter-generation-have-developed-childlike-desire-for-reassurance-experts-say.html" target="_blank"><em>yeah-it-totally-is-I-bet</em></a> stance. If there's a more suitable name for an arrogant Luddite than "Baroness Greenfield" I haven't heard it, and that combined with her overly condescending proclamations makes it hard to take her thoughts on Twitter seriously:</p>
<blockquote><em>"What concerns me is the banality of so much that goes out on Twitter. Why should someone be interested in what someone else has had for breakfast? ... It reminds me of a small child (saying): 'Look at me Mummy, I'm doing this', 'Look at me Mummy I'm doing that' ... It's almost as if they're in some kind of identity crisis. In a sense it&rsquo;s keeping the brain in a sort of time warp."</em></blockquote>
<p>It seems like every time we think the "what you had for breakfast" hydra is slain, it rears another head. Anyone who still thinks such "banality" defines Twitter is clearly making their assessment based on bitter third-hand descriptions passed around the water cooler or, in this case, the House of Lords. The statement is reminiscent of <a href="http://www.dailymail.co.uk/news/article-1153583/Social-websites-harm-childrens-brains-Chilling-warning-parents-neuroscientist.html" target="_blank">one she made last year</a> after noting that video games and "fast-paced TV shows" were also a factor:</p>
<blockquote><em>'We know how small babies need constant reassurance that they exist,' she told the Mail yesterday. 'My fear is that these technologies are infantilising the brain into the state of small children who are attracted by buzzing noises and bright lights, who have a small attention span and who live for the moment.'</em></blockquote>
<p>That's what the Baroness really takes issue with: the way modern technology is "rewiring" our brains and altering fundamental cognitive patterns. She's not alone, of course: Techdirt recently <a href="http://www.techdirt.com/articles/20110718/00270215121/no-google-is-not-rewiring-how-we-remember.shtml">covered</a> another set of claims about our "rewired" brains, and the media love these stories.</p>
<p>While it is undoubtedly true that our brains adapt to the way we communicate (use of the word "rewire" is misleading at best), the flaw in all these arguments is the assumption that this is somehow bad or even unusual. The entire history of progress has involved changing emphases on various skills. The Baroness made this point extremely well herself, though she seemed to think she was supporting her own position:</p>
<blockquote><em>'I often wonder whether real conversation in real time may eventually give way to these sanitised and easier screen dialogues, in much the same way as killing, skinning and butchering an animal to eat has been replaced by the convenience of packages of meat on the supermarket shelf.'</em></blockquote>
<p>I think from this we can begin to understand her a little better. In her world, digital communication is a distraction from real life&mdash;you know, just like <em>supermarkets</em>. One wonders if she avoids working by electric light and shits out the window, too. And you know what? There may well be a valid psychological or perhaps even neurological argument for humans getting back in touch with their roots&mdash;but while I'm sure it's lots of fun to entertain those arguments, most of us don't have that luxury.</p>
<p>Of course, Baroness Greenfield is no stranger to exaggeration. She made headlines last September when, in a stunning display of ironically wrongheaded hyperbole, she <a href="http://www.telegraph.co.uk/science/stephen-hawking/7988785/Baroness-Greenfield-criticises-Taliban-like-Stephen-Hawking.html" target="_blank">compared Stephen Hawking to <em>the Taliban</em></a> for denying the existence of God (don't bother trying to figure out how that makes sense). Meanwhile, her crusade against the-kids-these-days has been going on for years&mdash;in 2006 she signed an <a href="http://www.telegraph.co.uk/news/1528642/Junk-culture-is-poisoning-our-children.html" target="_blank">open letter to the Telegraph</a> on the subject penned by fellow techno-panicker <a href="http://en.wikipedia.org/wiki/Sue_Palmer" target="_blank">Sue Palmer</a>, and also decided to examine the issue with an all-party group in the House of Lords. It consisted of herself and <em>"three former education secretaries, Baroness Williams, Baroness Shephard and Baroness Morris"</em>&mdash;a roster that would sound more encouraging for a fetish party than for a group dedicated to exploring new technologies.</p>
<p>The Baroness is no doubt a skilled neurophysiologist, but she seems to be drawing bold and broad sociological conclusions based more on instinct than evidence. Worse still, she apparently takes it as granted that any changes are bad, as if the dynamic nature of our identity and our relationship with our environment is not the <em>very essence</em> of being alive. I'm getting philosophical, I know, but perhaps a little fresh philosophy is exactly what Baroness Greenfield needs&mdash;she seems to be stuck in the past.</p><br /><br /><a href="http://www.techdirt.com/articles/20110802/04442615362/let-them-tweet-cake.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110802/04442615362/let-them-tweet-cake.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110802/04442615362/let-them-tweet-cake.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-baroness-does-not-approve</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110802/04442615362</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 27 Jul 2011 01:09:54 PDT</pubDate>
<title>While In Cuba, Venezuelan President Supposedly Rules Via Twitter</title>
<dc:creator>Bas Grasmayer</dc:creator>
<link>http://www.techdirt.com/articles/20110725/23161915252/while-cuba-venezuelan-president-supposedly-rules-via-twitter.shtml</link>
<guid>http://www.techdirt.com/articles/20110725/23161915252/while-cuba-venezuelan-president-supposedly-rules-via-twitter.shtml</guid>
<description><![CDATA[ While Venezuelan president Hugo Chavez was recently in Cuba to undergo cancer treatment, several media outlets reported on <a href="http://blogs.forbes.com/mobiledia/2011/07/25/chavez-runs-venezuela-on-twitter-during-cancer-treatment/">Chavez using Twitter to run Venezuela</a>. Tweets included an approval of a million dollar garbage collection program and the announcement of a new park in Caracas. As fantastic as the headlines dealing with this news sound, a little nuance is probably needed. Any of the actual decision-making was obviously done in more than 140 characters, and only the actual announcements of decisions were made by <a href="http://twitter.com/#!/chavezcandanga">Chavez on Twitter</a>. Instead of using it to 'run Venezuela', it would be more accurate to say that Twitter has allowed Chavez to retain a strong image in the run up to upcoming presidential elections. Probably a better strategy than <a href="http://www.techdirt.com/articles/20100314/1557358548.shtml">censoring the internet</a>.<br /><br /><a href="http://www.techdirt.com/articles/20110725/23161915252/while-cuba-venezuelan-president-supposedly-rules-via-twitter.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110725/23161915252/while-cuba-venezuelan-president-supposedly-rules-via-twitter.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110725/23161915252/while-cuba-venezuelan-president-supposedly-rules-via-twitter.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>#140charactergoverning</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110725/23161915252</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 2 May 2011 00:34:52 PDT</pubDate>
<title>Interesting World: Man Unwittingly Live Tweets Raid That Killed Osama Bin Laden</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110501/23343014105/interesting-world-man-unwittingly-live-tweets-raid-that-killed-osama-bin-laden.shtml</link>
<guid>http://www.techdirt.com/articles/20110501/23343014105/interesting-world-man-unwittingly-live-tweets-raid-that-killed-osama-bin-laden.shtml</guid>
<description><![CDATA[ There's really not much for us to say on the raid that killed Osama bin Laden, since that's really not a topic for this blog... and, of course, it's being covered quite ably pretty much everywhere else.  However, I do find this one minor side story, highlighted by Mike Butcher at TechCrunch, quite fascinating as an indication of the type of world we live in today.  Apparently, while the helicopter raid was going on, an IT consultant in Abbottabad, Pakistan named Sohaib Athar, happened to be up and hear the helicopters and <a href="http://eu.techcrunch.com/2011/05/02/heres-the-guy-who-unwittingly-live-tweeted-the-raid-on-bin-laden/" target="_blank">went to Twitter to talk about it</a> on his account <a href="https://twitter.com/#!/ReallyVirtual" target="_blank">@ReallyVirtual</a> (which is a great Twitter handle, by the way).   You can read his tweets (and some of his retweets and responses) below.  Start from the bottom to get them in order:
<center>
<img src="http://i.imgur.com/b3lht.png" width=560 />
</center>
He seems a bit in shock from his sudden internet fame, which is certainly understandable.  However, what gets me is that something like this is <i>even possible</i> today.  Just a few years ago, almost no one have ever thought that the world would be connected to such a level.  One can hope that the sort of connections and humanization that come about due to such technological advances might one day lead to a world where we don't have to deal with bombings and terrorists to chase down...<br /><br /><a href="http://www.techdirt.com/articles/20110501/23343014105/interesting-world-man-unwittingly-live-tweets-raid-that-killed-osama-bin-laden.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110501/23343014105/interesting-world-man-unwittingly-live-tweets-raid-that-killed-osama-bin-laden.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110501/23343014105/interesting-world-man-unwittingly-live-tweets-raid-that-killed-osama-bin-laden.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-that-happened</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110501/23343014105</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 28 Feb 2011 04:37:19 PST</pubDate>
<title>Libyans Using Coded Dating Site Messages To Avoid Government Monitoring</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110226/18330013292/libyans-using-coded-dating-site-messages-to-avoid-government-monitoring.shtml</link>
<guid>http://www.techdirt.com/articles/20110226/18330013292/libyans-using-coded-dating-site-messages-to-avoid-government-monitoring.shtml</guid>
<description><![CDATA[ A few different people have sent over this fascinating story of how Libyans have been <a href="http://abcnews.go.com/Technology/muslim-dating-site-madawi-seeds-libyan-revolution/story?id=12981938" target="_blank">using a popular muslim dating site to communicate</a> about the protests in that country.  It's been widely covered how various protesters around the middle east have been using tools like Facebook and Twitter to organize and communicate, and governments have been responding to that fact, often shutting off access to those sites, or at least monitoring them very, very closely.  In order to avoid that, apparently some of the conversations in Libya have migrated to this dating site.  The article at ABC News includes plenty of details about how people are communicating on the site, and it's worth a read.  Here's a snippet:
<blockquote><i>
The phrase "May your day be full of Jasmine," for example, is a coded reference to what's been called the Jasmine Revolution sweeping the region, Mahmoudi told ABC News.
<br /><br />
He said the response, "And the same to you. I hope you will call me" meant they were ready to begin.
<br /><br />
If the undercover "lovers" wrote "I want love," it meant "I want liberty," Mahmoudi said.
<br /><br />
They also communicated in code the number of their comrades supporting the revolution. The five Ls in the phrase "I LLLLLove you," for example, meant they had five people with them. 
</i></blockquote>
Yet another reminder that no matter how hard governments try to suppress certain forms of communication, people always seek out alternative means.<br /><br /><a href="http://www.techdirt.com/articles/20110226/18330013292/libyans-using-coded-dating-site-messages-to-avoid-government-monitoring.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110226/18330013292/libyans-using-coded-dating-site-messages-to-avoid-government-monitoring.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110226/18330013292/libyans-using-coded-dating-site-messages-to-avoid-government-monitoring.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can't-stop-technology</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110226/18330013292</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 10 Aug 2010 05:28:03 PDT</pubDate>
<title>FDA Tells Novartis That 'Facebook Sharing' Widget On Its Site Violates Drug Ad Rules</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100806/15182710535.shtml</link>
<guid>http://www.techdirt.com/articles/20100806/15182710535.shtml</guid>
<description><![CDATA[ Technology can certainly make for some interesting clashes with regulatory regimes.  Social networking, for example, starts to bring up all sorts of questions about the fine line between certain regulated areas of advertising, and basic free speech communication issues.  <a href="http://twitter.com/ericgoldman/statuses/20498508414" target="_blank">Eric Goldman</a> points us to the news that the <a href="http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/EnforcementActivitiesbyFDA/WarningLettersandNoticeofViolationLetterstoPharmaceuticalCompanies/UCM221325.pdf" target="_blank">FDA is warning pharma giant Novartis</a> (pdf) over its use of a "Facebook Share" widget on its site promoting the drug Tasigna (a leukemia drug).
<center>
<object id="_ds_49230655" name="_ds_49230655" width="560" height="550" type="application/x-shockwave-flash" data="http://viewer.docstoc.com/"><param name="FlashVars" value="doc_id=49230655&#038;mem_id=715794&#038;doc_type=pdf&#038;fullscreen=0&#038;allowdownload=1&#038;showrelated=0&#038;showotherdocs=0" /><param name="movie" value="http://viewer.docstoc.com/"/><param name="allowScriptAccess" value="always" /><param name="allowFullScreen" value="true" /></object>
</center>
The specific complaint is that the "share" feature includes promotional material about Tasigna, but not all of the associated risks (and, as with so many drugs, there's quite a list of risks).  Because of the limited amount of space often used in "sharing" content, the FDA feels that some of the sharing options are misleading, not correctly noting that the drug is only approved for some users.
<blockquote><i>
The shared content is misleading because it
makes representations about the efficacy of Tasigna but fails to communicate <b>any</b> risk
information associated with the use of this drug. In addition, the shared content inadequately
communicates Tasigna’s FDA-approved indication and implies superiority over other
products. Thus, the shared content for Tasigna misbrands the drug in violation of the Federal
Food, Drug, and Cosmetic Act (the Act) and FDA implementing regulations.
</i></blockquote>
The FDA even picks on the specific word choices in some of the sharing features, such as calling the drug a "next-generation" drug, which apparently implies it's better than other drugs in the space when that might not be the case.  Advertising and marketing for pharmaceuticals has always been a contentious area, and I believe that many countries ban it, while the US allows it.  But with the internet and social networking, the line between advertising and communication can start to blur.  Yes, it may be problematic if Novartis is suggesting people "share" misleading or incomplete info about the drug, but what if people just start sharing that info on their own?  Where do you draw the line?<br /><br /><a href="http://www.techdirt.com/articles/20100806/15182710535.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100806/15182710535.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100806/15182710535.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sharing-is-not-caring</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100806/15182710535</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 13 May 2010 09:54:59 PDT</pubDate>
<title>Facebook Ordered To Stop Helping Kids Skip Class In Argentina</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100512/1114109393.shtml</link>
<guid>http://www.techdirt.com/articles/20100512/1114109393.shtml</guid>
<description><![CDATA[ When I was in high school, it was customary every year or so for there to be some sort of injustice that the students were upset about concerning the administration of the school.  If it escalated enough, the kids would decide to stage some sort of protest -- which at least once involved skipping out on school for the day.  Obviously, often enough, such efforts are really just a way for kids to have an excuse to skip out on classes for a day, but this sort of thing seemed pretty common even back when I was in high school.  However, now, with things like Facebook... suddenly it's <i>Facebook's fault</i> that the same thing is happening?
<br><br>
Reader Osno alerts us to the news of a legal battle down in Argentina where a judge has <A href="http://translate.google.com/translate?js=y&prev=_t&hl=en&ie=UTF-8&layout=1&eotf=1&u=http://www.minutouno.com.ar/minutouno/nota/129106-Juez-prohibe-a-Facebook-publicar-grupos-que-promuevan-rateadas/&sl=auto&tl=en" target="_blank">ordered Facebook to block any group advocating student protests</a> that involved skipping classes (that link is a Google translation of <a href="http://www.minutouno.com.ar/minutouno/nota/129106-Juez-prohibe-a-Facebook-publicar-grupos-que-promuevan-rateadas/" target="_blank">the original article</a>).
<br><br>
Apparently, the back story, is that a large group of students in Mendoza, Argentina had organized a day to skip out on school via Facebook.  The media in Argentina played up the story, and it resulted in other students around the country planning similar "skip school" days.  Rather than recognize that <i>this is what kids do</i>, the whole thing has gone to court, with a judge claiming that this is somehow Facebook's fault, and it must start blocking any such groups.  According to the translation:
<blockquote><i>
"We did a little research on the basis of the allegations and found that the company was in breach of certain laws, as is of danger to health or integrity of its users...."
</i></blockquote>
That seems like a pretty severe twisting of laws concerning requirements to protect the health of users.  According to Osno, politicians are backing the judge, warning of what other groups Facebook might be used to create next -- such as the "great smokeout to smoke dope."  Apparently, these folks are unaware that the same thing has happened for ages, using pretty much any communication method available -- whether it was email, telephone, paper or (*gasp*) talking in person.  Blaming the communications medium isn't going to change any of that.<br /><br /><a href="http://www.techdirt.com/articles/20100512/1114109393.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100512/1114109393.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100512/1114109393.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>logic-failure</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100512/1114109393</wfw:commentRss>
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<item>
<pubDate>Wed, 12 May 2010 10:18:32 PDT</pubDate>
<title>Do We Really Want To Criminalize Bad Jokes?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100511/2341419387.shtml</link>
<guid>http://www.techdirt.com/articles/20100511/2341419387.shtml</guid>
<description><![CDATA[ Back in January, we wrote about the story of a guy in the UK who was <a href="http://www.techdirt.com/articles/20100118/1051427801.shtml">arrested and banned from his local airport</a> after making a (bad) joke on Twitter about blowing the place up.  His tweet was:
<blockquote><i>
"Robin Hood airport is closed. You've got a week and a bit to get your shit together, otherwise I'm blowing the airport sky high!!"
</i></blockquote>
As we said at the time, it was a really dumb statement, and I have no problem with police checking it out, but once they realized it was just a dumb joke, it seems reasonable to leave the guy alone.  However, some more details are now coming to light that make the story even more questionable, and raise some issues that could impact pretty much anyone who makes a bad joke on Twitter, should someone in power want to cause them serious trouble.
<br /><br />
<a href="http://www.techdirt.com/profile.php?u=meloncholy">Andrew</a> sent over a few more articles about the story, that highlight that <a href="http://www.thelawyer.com/the-twitter-%E2%80%9Cbomb-hoax%E2%80%9D-case-worse-than-we-thought?/1003651.article" target="_blank">the guy wasn't actually charged for making a fake bomb threat</a>.  There actually is a law for that... but the authorities didn't charge him with that because they <i>knew</i> that his joke would never actually be seen as a bomb threat.  Charging him under that law would require evidence that he intended to make people actually think he was intending to blow the airport up -- but no reasonable person would think that.
<br /><br />
Instead, it appears that the police used a little-known part of the UK's <i>Communications</i> Act that outlaws sending a "message that was grossly offensive or of an indecent, obscene or menacing character."  Sound broad enough?  Yeah.  Suddenly, you realize he wasn't charged with making a bomb threat.  He was charged with making a bad joke, that <i>someone</i> misinterpreted as being "menacing."    The link above to TheLawyer.com goes through all this in great detail, including a pretty scary discussion with the officials who decided which law to charge the guy with, where they basically dance around the issue, even though it's pointed out to them that they're clearly stretching the meaning of that particular law well beyond what it's supposed to cover, while ignoring the <i>actual</i> law concerning bomb threats.
<br /><br />
No matter, it appears that the guy has now been <a href="http://trueslant.com/michelecatalano/2010/05/11/twitter-jokes-on-trial-how-one-tweet-turned-a-man-into-a-criminal/" target="_blank">officially found guilty</a> and fined &pound;385  plus &pound;600 costs (though, Stephen Fry has <a href="http://twitter.com/stephenfry/status/13732885303" target="_blank">offered to pay</a>).  The fine isn't huge, but the guy now has a criminal conviction on his record for making a bad joke (not for making a bomb threat).  That doesn't seem reasonable no matter how you look at it.<br /><br /><a href="http://www.techdirt.com/articles/20100511/2341419387.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100511/2341419387.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100511/2341419387.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>careful-what-you-get</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100511/2341419387</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 29 Mar 2010 10:33:00 PDT</pubDate>
<title>Are Publishers Putting Too Much Stock In The iPad, Or Are They Just Doing It Wrong?</title>
<dc:creator>Marcus Carab</dc:creator>
<link>http://www.techdirt.com/articles/20100325/1200358718.shtml</link>
<guid>http://www.techdirt.com/articles/20100325/1200358718.shtml</guid>
<description><![CDATA[ <p>
<a href="http://Lillicotch.com">Jim Lillicotch</a> points us to a post by MediaPost blogger Steve Smith, who was surprised by his 18-year-old daughter's <a href="http://www.mediapost.com/publications/?fa=Articles.showArticle&#038;art_aid=124973" target="_blank">immediate dismissal of the iPad</a>. It may be, as he speculates, an omen of the device's future in general, but he also makes some points specifically related to the publishing industry that are worth highlighting.
</p>
<blockquote><em>
"I need a keyboard. Even my phone has that." It is really all about input for her, and her focus on interactivity underscores a glaring limitation of the iPad. It is primarily a media consumption device, not an interactive device. Publishers think of digital merely as a delivery vehicle, but users think of digital as a communications and interactive platform. After a life of leaning in, why would she want to lean back and consume content just to make media companies' business models work for them? 
</em></blockquote>
<p>
Smith lists several drawbacks to touch-screen tablet input that probably haven't occurred to those who, like me, have never gotten the chance to use one. I still think that with the right interface and after some design iterations, iPads (and other tablets) will be excellent interactive devices, but Smith is dead right in his assessment of how publishers view them. The iPad magazine demos that some have shown off are compelling and cool, but they are mostly one-way media. This is exacerbated by the obsession with native apps, which Smith notes are much less likely to explode on the iPad the way they did on the iPhone:
</p>
<blockquote><em>
Unlike the iPhone, where an app can clearly trump a mobile Web site experience, the iPad makes full Web browsing much more viable. Early audience research I have seen suggests that for even those interested in the iPad, Web browsing and email are rated far above app downloads as the device's main attraction. And so, publisher apps will be competing with their own Web sites.
</em></blockquote>
<p>
This is a point we've <a href="http://www.techdirt.com/articles/20100217/0335558196.shtml" target="_blank">made before</a>: everything in these fancy magazine apps can be replicated in the browser (there is <a href="http://daringfireball.net/2009/12/pastrykit" target="_blank">one small problem</a> to do with scrolling that remains, but even that has nearly been solved). Publishers should be working to ensure that their product&mdash;whether it's books, magazines or newspapers&mdash;is available on <em>every</em> platform with minimum hassle, instead of building closed apps that <a href="http://oreil.ly/dpJQac" target="_blank">frustratingly trap the user</a>. Nobody is loyal to one publication anymore, and nobody wants a dozen different news and magazine apps littering their tablet or smartphone&mdash;they want to <em>browse the web</em> the way they always have. It's time for publishers to stop trying to alter user behaviour, and start learning from it.
</p><br /><br /><a href="http://www.techdirt.com/articles/20100325/1200358718.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100325/1200358718.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100325/1200358718.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>either-way-their-hopes-are-too-high</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100325/1200358718</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 9 Mar 2010 03:14:28 PST</pubDate>
<title>US Eases Sanctions On Communications Software For Cuba, Iran And Sudan</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100308/1859578467.shtml</link>
<guid>http://www.techdirt.com/articles/20100308/1859578467.shtml</guid>
<description><![CDATA[ Realizing that better communications tools would probably <i>help</i> spread important ideas and efforts against totalitarian regimes, the US has <i>finally</i> <a href="http://news.bbc.co.uk/2/hi/americas/8556341.stm" target="_blank">eased sanctions against providing communications software in Cuba, Iran and Sudan</a>.  In the past, economic sanctions against those countries were supposed to create pressure for the regimes to change -- but in practice that's been a pretty big failure.  Now, it appears, folks in the administration are finally realizing that more open communication allows for much greater efforts and organization, as well as more information from elsewhere.  This is a good move -- just many years too late.<br /><br /><a href="http://www.techdirt.com/articles/20100308/1859578467.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100308/1859578467.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100308/1859578467.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>communication-is-good</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100308/1859578467</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 20 Jan 2010 11:46:00 PST</pubDate>
<title>The Similarity Between ACTA And Chinese Internet Censorship</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100120/0216537828.shtml</link>
<guid>http://www.techdirt.com/articles/20100120/0216537828.shtml</guid>
<description><![CDATA[ To be fair, it may have been Bono who <a href="http://www.techdirt.com/articles/20100104/0038197573.shtml">first made the connection explicit</a>, but others are beginning to notice that there are some worrisome parallels between what is being pushed via ACTA and other methods and ongoing internet censorship in China.  The latest, as pointed out by the <a href="http://twitter.com/EFF/statuses/7966159334" target="_blank">EFF</a>, is writer Rebecca MacKinnon, who <a href="http://www.mcclatchydc.com/opinion/story/82469.html" target="_blank">walks you through the way in which Chinese censorship is based on the same faulty principle as ACTA's push for secondary liability</a> for ISPs.
<br /><br />
Let's take a step back to explain this.  We've discussed, in the past, that the way China operates its "Great Firewall" is not by explicitly banning anything.  Instead, it simply <i>puts liability</i> on third parties such as ISPs and says they'll <a href="http://www.techdirt.com/articles/20060423/2331210.shtml">take the blame</a> and face the consequences for any "bad stuff" that is allowed through to Chinese users.  As MacKinnon notes, this is really "intermediary liability," or (obviously enough) putting the liability for actions on an intermediary to force them to try to curb the behavior of end users.  In this way, the Chinese government can <a href="http://www.techdirt.com/articles/20061031/094013.shtml">claim</a> that it doesn't censor the internet and there's no such thing as a "Great Firewall," because it doesn't exist as a single thing.  It's just that the government will punish ISPs who don't block "bad stuff."
<br /><br />
But this "intermediary liability" is a big deal, because under any <i>common sense</i> approach to things, you should never blame an third party/intermediary for the actions of end users.  And yet, that's exactly what the entertainment industry has been pushing.  One of the <a href="http://www.techdirt.com/articles/20091103/1308526784.shtml">key components</a> being pushed for the internet section of ACTA is the idea of expanding "secondary liability" or "contributory copyright infringement" or whatever they want to call it.  In reality, it's the same intermediary liability that China uses to have ISPs censor content.  The idea is that if you put the liability for file sharing on ISPs, then <i>they</i> will be forced to figure out ways to stop it -- just like ISPs in China are forced to create their own censorship campaigns.
<br /><br />
And, of course, this isn't even hypothetical.  We've got some real world examples.  That's because much of the early language in ACTA was modeled on the <a href="http://www.techdirt.com/articles/20070529/011909.shtml">"free trade" agreement</a> that the US pressured South Korea into signing.  That included such intermediary liability for ISPs when it came to copyright infringement, and guess what happened?  First, the country felt it needed to start <a href="http://www.techdirt.com/articles/20090311/0213404068.shtml">kicking people off the internet</a> based on a "three strikes" plan, just to satisfy the treaty.  Then service providers quickly started banning all sorts of activities, including <a href="http://www.techdirt.com/articles/20090528/0226545039.shtml"><i>any</i> music uploads</a> and many <a href="http://www.techdirt.com/articles/20090413/0727414478.shtml">video uploads</a>.  After all, it's not worth it for the service providers to be liable, so they block the ability to upload all sorts of content.  And, of course, with such liability there, others went even further, with some service providers even <a href="http://www.techdirt.com/articles/20090724/0159355642.shtml">banning advertisements</a> for any kind of website that could allow copyright infringement, because of the fear that, via such intermediary liability, they may get blamed just for <i>allowing an advertisement</i> that pointed to a site that could be used for copyright infringement.
<br /><br />
When you look at the details, it's incredibly similar to the way in which China crafted its Great Firewall.  Impose such secondary liability that puts the responsibility on a third party, and and watch those third parties basically lock down <i>all sorts of additional things</i>, just to be safe.  Of course, the old school entertainment industry doesn't mind, because preventing you from communicating isn't their problem.  They don't see the internet as a communications platform anyway.  They're hoping it's the next broadcast medium, and clearing the decks via <strike>a Great Firewall</strike> an intermediary liability system works right into those plans.  The more you look at the details, the more it looks like the entertainment industry is doing everything possible to <a href="http://blogs.law.harvard.edu/doc/2010/01/18/how-the-internet-becomes-the-content-o-net/" target="_blank">encircle the internet</a> to make it appear more like a broadcast entertainment medium, rather than a communications medium.<br /><br /><a href="http://www.techdirt.com/articles/20100120/0216537828.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100120/0216537828.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100120/0216537828.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-all-about-secondary-liability</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100120/0216537828</wfw:commentRss>
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<item>
<pubDate>Wed, 6 Jan 2010 16:22:00 PST</pubDate>
<title>Google's Communication Problems Continue: Blogger Can't Get His Blog Turned Back On After Six Months</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091228/1803277526.shtml</link>
<guid>http://www.techdirt.com/articles/20091228/1803277526.shtml</guid>
<description><![CDATA[ For the last few months, we've been seeing more and more stories about Google's communication problems with users.  This has always been something of an issue with Google -- which seems to prefer algorithms to humans whenever possible -- but we're seeing it so often, that I'm really beginning to wonder if this is a serious problem (or potential Achilles heel) for the company.  It seems like Google could take some serious lessons from <a href="http://www.techdirt.com/articles/20090606/1204505153.shtml">a company like Zappos</a> that treats everyone like a human and goes to amazing lengths to resolve any problems.  Instead, too often dealing with Google feels like tossing a request into a giant shiny white box where you may or may not ever hear back -- and, if you do hear back, it's unlikely to be particularly helpful.
<br /><br />
For example, we've already talked about the problems many suddenly banned advertisers have had in <a href="http://www.techdirt.com/articles/20091210/1244447295.shtml">getting any kind of explanation</a> from Google (let alone any recourse).  On top of that, there was the situation with users being <a href="http://www.techdirt.com/articles/20091201/1019327149.shtml">locked out</a> of their Google docs, with little communication from Google available.  This is really potentially quite damaging.  It gives the impression of a giant white wall between users and the company in an age where having some sort of human connection to a company is increasingly important.  I recognize that Google has it in their DNA to be afraid of people gaming the system, but in shutting itself off from the world, it may be creating more problems for itself.
<br /><br />
The latest example is instructive.  <a href="http://jackyan.com" target="_blank">Jack Yan</a> alerts us to his own writeup of <a href="http://jackyan.com/blog/2009/12/in-christmas-panto-tradition-oh-no.html" target="_blank">the struggle he's gone through</a> to try to get Google to reinstate a blog it incorrectly deleted back in July.  You can read the <a href="http://www.google.com/support/forum/p/blogger/thread?tid=14d96e6088345650&#038;hl=en" target="_blank">forum exchange</a> that began in November (after many months of going through the regular official channels and being told to "wait 2 days" over and over again with nothing coming of it).  Jack summarizes the forum exchange this way, with Google's explanation first, and his response in parentheses:
<blockquote><i>
<ol>
<li> You probably didn't follow the suggestions. (Yes, I did.)
</li><li> You didn't do it at the right time. (Yes, I did.)
</li><li> Wait two days. (Waited, nothing happened.)
 </li><li> Wait till this afternoon. (Waited, nothing happened.)
 </li><li> There's no cache of it. (Yes, there is.)
 </li><li> You're not the owner of the site. (Owner steps in and says I am allowed to follow this up for him.)
 </li><li> There's no cache of it. (Yes, there is.)
 </li><li> I'll ignore the main link you give and focus on a second one that is less useful. (Look at the first one then.)
 </li><li> There's no cache of it. (Yes, there is.)
 </li><li> There's no cache of it. (Yes, there is.)
  </li><li> Your search term is not relevant to this. (But it shows you a cache of it.)
</li></ol>
</i></blockquote>
The exchange is incredibly frustrating to read, and I'm amazed that Jack remained as calm as he did through it all.  In fact, he notes that Google itself had a cache of the site for a long time -- including when he kept submitting for reinstatement and getting told to wait two days.  But now Google's own cache is gone, so he's pointing the Google folks to Yahoo's cache to prove the blog is not a spam blog.  And Google's response appears to be nitpicking over the search term, rather than the cache itself, or looking for ways to get the blog back.  I know plenty of folks who work at Google and care deeply about their products and how they're perceived, but I'm amazed at how badly the company seems to handle basic customer service issues like this one.<br /><br /><a href="http://www.techdirt.com/articles/20091228/1803277526.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091228/1803277526.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091228/1803277526.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-cool</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091228/1803277526</wfw:commentRss>
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<item>
<pubDate>Tue, 15 Dec 2009 11:59:00 PST</pubDate>
<title>Is Google Going Too Far In Latest Advertising Bans?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091210/1244447295.shtml</link>
<guid>http://www.techdirt.com/articles/20091210/1244447295.shtml</guid>
<description><![CDATA[ We've been <a href="http://www.techdirt.com/articles/20091201/1019327149.shtml">talking</a> a bit about some of the communications problem Google seems to have at times, often not doing a very good job communicating with the public on things that may impact them greatly.  Here's yet another example, sent in by  <a href="http://www.dotcult.com" target="_blank">Ryan</a>, who notes that many people have recently been <a href="http://www.google.com/support/forum/p/AdWords/thread?tid=10f6e7de98b00eac&#038;hl=en" target="_blank">kicked out of Google's AdWord program</a> with <a href="http://www.webmasterworld.com/google_adwords/4035863.htm" target="_blank">no recourse or explanation</a>.  
<br /><br />
Now, it seems pretty clear that Google is trying to block "bad" advertisers who are somehow lying or cheating the system -- and that's a good thing.  But these sweeping bans seem to be catching plenty of legitimate advertisers, and even more frustrating than the "ban" itself is the fact that as many times as you attempt to get them to explain why you were banned or ask for your case to be reconsidered, the company's response is, effectively, to tell people: <a href="http://www.dotcult.com/adwords-account-banned-for-keyword-research">"You were banned for being bad, and you will never advertise with us again.  Goodbye."</a>  While I'm sure plenty of the banned accounts were banned for nefarious activity, it seems ridiculous to do a permanent and total ban with no explanation whatsoever.  Google has been known to do this before (certainly many folks who use AdSense have received similar notices with the same lack of info or recourse).  It's just a shame, because it's the sort of thing that Google <i>could</i> do right, and seems to have chosen not to.<br /><br /><a href="http://www.techdirt.com/articles/20091210/1244447295.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091210/1244447295.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091210/1244447295.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-little-explanation-would-be-nice</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091210/1244447295</wfw:commentRss>
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<pubDate>Fri, 4 Dec 2009 13:06:36 PST</pubDate>
<title>Is Google Banning AdSense On Sites It Thinks Have Infringing Content?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091203/1312097184.shtml</link>
<guid>http://www.techdirt.com/articles/20091203/1312097184.shtml</guid>
<description><![CDATA[ <a href="http://twitter.com/bnatechlaw/statuses/6311990508" target="_blank">Thomas O'Toole</a> points us to yet another issue with Google customer service, where an author who holds the copyright on his own books published them online but was <a href="http://twa.lk/jE3Ah" target="_blank">denied the ability to put AdSense on the site</a>, after Google told him it had found "it contains copyrighted material."  Of course, this makes no sense.  Nearly <i>every</i> website "contains copyrighted material," because any new creative content placed in a fixed form -- such as a website -- is automatically covered by copyright.  What I'm guessing Google <i>meant</i> (even though it got it wrong) was that it thought the site contained <i>infringing</i> or <i>unauthorized</i> copyrighted content -- though, if that's the case, that's what it should have said.
<br /><br />
And, once again highlighting Google's <a href="http://www.techdirt.com/articles/20091201/1019327149.shtml">communication problem</a>, the rejection came from an email address called "noreply," making it difficult for the author to get clarification.  He did eventually get Google to <a href="http://www.google.com/support/forum/p/AdSense/thread?tid=11cc0adec5814c73&#038;hl=en" target="_blank">"resolve" the issue</a>, but Google's overall policy on the matter is not explained at all.  Does Google have an official policy where its AdSense team tries to determine if content on a website is infringing?  If so, do they have an official dispute process?  Does the AdSense team take into account fair use?  Google has, generally speaking, been very good on issues of copyright and fair use, but this particular policy seems rather strange.<br /><br /><a href="http://www.techdirt.com/articles/20091203/1312097184.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091203/1312097184.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091203/1312097184.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oddities</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091203/1312097184</wfw:commentRss>
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<item>
<pubDate>Tue, 1 Dec 2009 15:42:00 PST</pubDate>
<title>Google Bug On Document Sharing Highlights Communication Problems</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091201/1019327149.shtml</link>
<guid>http://www.techdirt.com/articles/20091201/1019327149.shtml</guid>
<description><![CDATA[ Hopefully this is just a big mistake, but <a href="http://it.slashdot.org/story/09/12/01/1419238/The-Cloud-Ate-My-Homework?from=rss&#038;utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+Slashdot%2Fslashdot+(Slashdot)" target="_blank">Slashdot</a> points us to a bunch of Google Docs users <a href="http://www.google.com/support/forum/p/Google Docs/thread?tid=35b7c6eb9943e9ed&#038;hl=en" target="_blank">complaining that Google is blocking them from sharing their documents claiming "inappropriate content,"</a> even in cases where the content is clearly fine, such as college class notes and homework assignments.  Even assuming this is just some sort of bug, the bigger issue seems to be Google's lack of response, despite the issue cropping up weeks ago.  This charge has been raised about Google in the past, and it's only going to become more important.  As more and more people rely on Google for services, the company is going to need to improve its handling of customer service issues and communication.<br /><br /><a href="http://www.techdirt.com/articles/20091201/1019327149.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091201/1019327149.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091201/1019327149.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=20091201/1019327149</wfw:commentRss>
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