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<title>Techdirt. Stories filed under &quot;corporations&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;corporations&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Mon, 14 Jan 2013 14:15:00 PST</pubDate>
<title>Activist Tells Court That Since Corporations Are People, He Can Drive In The Carpool Lane With Incorporation Papers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130111/17014721646/activist-tells-court-that-since-corporations-are-people-he-can-drive-carpool-lane-with-incorporation-papers.shtml</link>
<guid>http://www.techdirt.com/articles/20130111/17014721646/activist-tells-court-that-since-corporations-are-people-he-can-drive-carpool-lane-with-incorporation-papers.shtml</guid>
<description><![CDATA[ I know that many people get up in arms over the concept of corporate personhood, but the reality is often a lot less problematic than many people make it out to be.  It's not a concept that is free from problems, but it's not quite as silly as some argue.  Still, it sometimes does lead to some amusing stunts.  For example, a couple years ago, a company tried to <a href="http://www.techdirt.com/articles/20100204/0136568042.shtml">run for President</a>, in an effort to make a statement on the issue.  Up in Marin County (just north of San Francisco) an activist has tried a similar move, arguing that he's <a href="http://www.marinscope.com/news_pointer/news/article_a9168c46-5a93-11e2-abaf-0019bb2963f4.html" target="_blank">able to drive in the carpool lane without another human passenger</a> because he had incorporation documents for a company riding along in the passenger seat.  Apparently, he's actually been doing this for about a decade, just waiting to get pulled over.
<br /><br />
It finally happened and the driver, Jonathan Frieman, made his argument -- and the somewhat befuddled patrolman told Frieman to take it up with the court.  That finally happened recently, and Frieman's lawyer actually made a fairly compelling legal argument.  He noted that California Vehicle Code Section 470 specifically defines a "person" by saying it "includes a natural person, firm, copartnership, association, limited liability company, or corporation."  It also discusses the carpool lane by saying, "No person shall drive a vehicle upon those lanes except in conformity with the instructions imparted by the official traffic control devices."  Finally, the street signs themselves say "2 or more persons per vehicle."  Thus, his lawyer argued, at the very least, this is unconstitutionally vague.
<blockquote><i>
&#8220;Central here is the concept of double meaning,&#8221; Greene said in court. &#8220;Citizens should not be left to guess when he or she is in violation of the statute.&#8221;
</i></blockquote>
The judge, however, did not buy it, pointing to another section of the Vehicle Code, on the <i>purpose</i> of the carpool lanes:
<blockquote><i>
Judge Drago also referenced California Vehicle Code 21655.5, noting instead subsection F, which states &#8220;It is the intent of the Legislature, in amending this section, to stimulate and encourage the development of ways and means of relieving traffic congestion on California highways and, at the same time, to encourage individual citizens to pool their vehicular resources and thereby conserve fuel and lessen emission of air pollutants.&#8221;
</i></blockquote>
He then noted that Frieman's workaround didn't match the intentions.
<br /><br />
It seems like the judge may have gotten to the right answer, but I'd argue for the wrong reasons.  First of all, while the intention of the legislature is helpful, it doesn't excuse it from poorly written legislation which could be seen as being unconstitutionally vague.  However, it seems to me there's a much easier way for the judge to reach the same conclusion without going down that path: <b>just point out that incorporation documents are <i>not</i> the corporation itself</b>.  That's both accurate and would solve the issue.  Incorporation documents explain that a corporation has been created, but they are not "the corporation."  A birth certificate may announce the arrival of a person, but the document itself is not "a baby."  I'm somewhat surprised the judge didn't just go with that as an answer.
<br /><br />
Either way, it sounds like this isn't over, as Frieman has announced his intentions to file an appeal -- which is to be expected, since much of this really appears to be a form of protest against the very concept of corporate personage.<br /><br /><a href="http://www.techdirt.com/articles/20130111/17014721646/activist-tells-court-that-since-corporations-are-people-he-can-drive-carpool-lane-with-incorporation-papers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130111/17014721646/activist-tells-court-that-since-corporations-are-people-he-can-drive-carpool-lane-with-incorporation-papers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130111/17014721646/activist-tells-court-that-since-corporations-are-people-he-can-drive-carpool-lane-with-incorporation-papers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-try,-but,-no</slash:department>
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<pubDate>Tue, 1 Mar 2011 12:39:33 PST</pubDate>
<title>Supreme Court Says AT&#038;T Has No Right To 'Personal Privacy'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml</link>
<guid>http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml</guid>
<description><![CDATA[ Last year, we wrote about an important case in which AT&#038;T bizarrely claimed that it had <a href="http://www.techdirt.com/articles/20100525/1906469574.shtml">personal privacy rights</a> over information the FCC collected in an investigation concerning AT&#038;T overbilling the government.  An organization had made a Freedom of Information Act (FOIA) request on the info, but AT&#038;T protested that, <i>as a corporation</i>, it had a personal right to privacy.  As we noted, that seemed like a pretty ridiculous claim, but the appeals court accepted it.  We were therefore happy to see the Supreme Court <a href="http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml">pick up the case</a> last fall, and now it has <a href="http://www.washingtonpost.com/wp-dyn/content/article/2011/03/01/AR2011030102621.html" target="_blank">unanimously ruled against AT&#038;T</a> (8 - 0, with Kagan not taking part, since she filed the original brief for the federal government in support of the FCC).  Considering the complaints some have made about the Supreme Court taking the idea of "corporate personhood" too far, I think plenty of people (who don't work for AT&#038;T) will agree that this ruling makes plenty of sense.  A corporation has a right to keep certain information secret and confidential, but the idea it has a "right to privacy" makes no sense.
<br /><br />
The actual ruling (embedded below) is quite interesting in noting, while corporations may be "persons," that does not automatically afford them "personal" rights.
<blockquote><i>
Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun "crab" refers variously to a crustacean and a type of apple, while the related adjective "crabbed" can refer to handwriting that is "difficult to read," Webster's Third New International Dictionary 527 (2002); "corny" can mean "using familiar and stereotyped formulas believed to appeal to the unsophisticated," id., at 509, which has little to do with "corn," id., at 507 ("the seeds of any of the cereal grasses used for food"); and while "crank" is "a part of anaxis bent at right angles," "cranky" can mean "given to fretful fussiness," id., at 530.
<br /><br />
Even in cases such as these there may well be a link between the noun and the adjective. "Cranky" describes a person with a "wayward" or "capricious" temper, see 3 Oxford English Dictionary 1117 (2d ed. 1989) (OED), which might bear some relation to the distorted or crooked angular shape from which a "crank" takes its name. That is not the point. What is significant is that, in ordinary usage, a noun and its adjective form may have meanings as disparate as any two unrelated words. The FCC's argument that "personal" does not, in fact, derive from the English word "person," but instead developed along its own etymological path, Reply Brief for Petitioners 6, simply highlights the shortcomings of AT&#038;T's proposed rule.
<br /><br />
<b>"Person" is a defined term in the statute; "personal" is not</b>. When a statute does not define a term, we typically "give the phrase its ordinary meaning." Johnson v. United States, 559 U. S. ___, ___ (2010) (slip op., at 4). "Personal" ordinarily refers to individuals. We do not usually speak of personal characteristics, personal effects, personal correspondence, personal influence, or personal tragedy as referring to corporations or other artificial entities. This is not to say that corporations do not have correspondence, influence, or tragedies of their own, only that we do not use the word "personal" to describe them.
<br /><br />
Certainly, if the chief executive officer of a corporation approached the chief financial officer and said, "I have something personal to tell you," we would not assume the CEO was about to discuss company business. Responding to a request for information, an individual might say, "that's personal." A company spokesman, when asked for information about the company, would not. In fact, we often use the word "personal" to mean precisely the opposite of business-related: We speak of personal expenses and business expenses, personal life and work life, personal opinion and a company's view.
</i></blockquote>
Justice Roberts, who wrote the decision, then goes on to pick apart each argument made by AT&#038;T as to why it should be allowed "personal" privacy, leading to the rather obvious punchline that you have to think the Justices had in mind to use from the very beginning:
<blockquote><i>
We reject the argument that because "person" is defined for purposes of FOIA to include a corporation, the phrase"personal privacy" in Exemption 7(C) reaches corporations as well. The protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations. <b>We trust that AT&#038;T will not take it personally.</b>
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-take-it-personally</slash:department>
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<pubDate>Wed, 29 Sep 2010 05:40:43 PDT</pubDate>
<title>Supreme Court Agrees To See Whether Or Not AT&#038;T Has 'Personal Privacy' Rights</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml</link>
<guid>http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml</guid>
<description><![CDATA[ Back in May, we wrote about an important case questioning whether or not <a href="http://www.techdirt.com/articles/20100525/1906469574.shtml">companies have privacy rights</a>.  Traditionally, privacy rights were seen as being for individuals, not companies, but AT&#038;T claimed that it had privacy rights over data collected by the FCC in an attempt to determine if AT&#038;T was bilking the e-rate program (for installing broadband connections to schools).  Some people filed a Freedom of Information Act request over the data, and the FCC released some of it (keeping some secret to protect trade secrets).  However, AT&#038;T sued the FCC claiming that even releasing the limited info the FCC was planning to put out would violate the company's personal privacy.  The Third Circuit appeals court in the case sided with AT&#038;T, saying that companies could have personal privacy -- and the case was appealed to the Supreme Court.
<br /><br />
The Supreme Court has now <a href="http://www.businessweek.com/ap/financialnews/D9IGVHKG0.htm" target="_blank">announced that it will hear the case</a>.  The Obama administration had asked the Supreme Court to hear the case, claiming that it did not believe "personal privacy" applied to companies.  Elena Kagan, who had filed the brief for the administration, will obviously sit the case out now that she's a Supreme Court justice.  However, this will be yet another, in a recent line of cases, trying to establish the boundaries (if there are any) between the rights of individuals and the rights of corporations.<br /><br /><a href="http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>do-corporations-have-privacy-rights?</slash:department>
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<pubDate>Tue, 2 Feb 2010 19:26:20 PST</pubDate>
<title>Google For President?  If Corporations Are People...</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100201/1903207997.shtml</link>
<guid>http://www.techdirt.com/articles/20100201/1903207997.shtml</guid>
<description><![CDATA[ A bunch of folks have sent in the <a href="http://en.wikipedia.org/wiki/Citizens_United_v._Federal_Election_Commission" target="_blank">Citizens United</a> Supreme Court decision and asking for my opinion on it.  The ruling came out last week when I was traveling, and I didn't have that much time to look at the details or think about what it all meant until now.  It's one of those cases where I see both sides of the argument, but am troubled by what comes out of a ruling in either direction.  There is a real worry of a First Amendment problem if you restrict any kind of speech -- but I do worry about giving corporations even greater power in influencing elections.  But my real issue with the ruling goes back deeper, with the generally accepted concept that a corporation is a person.  That seems like an even bigger problem, because the fact is that we don't actually treat a corporation like a person at all.  A corporation does not get a vote.  A corporation cannot be put in jail (yes, its executives or employees might be able to, but not the same thing).  And a corporation may not run for office.  This point was brought to my attention by my friend Jeff, who sent over a link to a story arguing (in a very much tongue-in-cheek manner) that if a corporation has the same rights as a person, <a href="http://www.bloomberg.com/apps/news?pid=20601039&#038;sid=a4mv6q80zqVY" target="_blank">why can't Google run for President</a>.
<br /><br />
That said, while I would remove the idea that a corporation is ever "a person," that doesn't change the fact that I would be careful about limiting any type of speech -- including a politically motivated movie, which was at the heart of this case.  Instead, I tend to think that the problem is one of information (not money) asymmetry.  And while it may appear idealistic, this is the sort of thing that the internet is helping to combat, even if it takes time, and there are some losses early on.  In copyright policy, it's true that the entertainment industry has still been able to push through laws in its favor over the past few years, but a lot more people are paying attention to the issue, and the changes that are getting through are of much lower impact than what they used to regularly get through.  I don't think that the entertainment industry would be able to push through the kind of massive sweeping changes that it has successfully pushed through in the past.  Instead, I tend to agree with Julian Sanchez, in discussing a recent <a href="http://www.cato-at-liberty.org/2010/01/29/larry-lessig-and-the-lunching-libertarians/" target="_blank">conversation with Larry Lessig</a>, that points to a more organic way to respond to corporate influence on politics:
<blockquote><i>
Look at it this way: We don't get draconian copyright policies because the RIAA and MPAA actually have more money, all told, than those of us who'd benefit from a more balanced intellectual property regime.&nbsp; They're richer, of course, but there's a lot more of us. The problem is that their resources are already pooled, and they're far more acutely aware of which side their bread is buttered on. <em>That's</em> the asymmetry we need to address. And as <a href="http://www.ted.com/talks/clay_shirky_how_cellphones_twitter_facebook_can_make_history.html">Clay Shirky has so cogently argued</a>, we may finally have the means to do so, because for the first time in human history, we have in the Internet (and Web 2.0 especially) a mass medium that is <em>simultaneously</em> good at enabling interactive conversations (as the telephone does) and groups (as magazines or television did).&nbsp; The costs of processing and disseminating information have fallen dramatically over the past decade, and now the same is happening to the costs of organizing people and coordinating action.
<br /><br />
That's why I think Lessig's focus on public finance as a silver bullet is less likely to bear fruit than an array of solutions that exploit transformative technology--something he's so keenly analyzed in his <a href="http://remix.lessig.org/">writing on Free Culture</a>. My colleague Jim Harper's <a href="http://washingtonwatch.com/">Washington Watch</a> project, or the efforts of the folks at the <a href="http://sunlightfoundation.com/">Sunlight Foundation</a>, are one part of the solution: Backroom deals are typically held in the back room for a reason. Sites like <a href="http://www.actblue.com/">ActBlue</a> and <a href="http://www.slatecard.com/">Slatecard</a> are another, because they make it easier for a national audience to punish bad actors in their local races.
</i></blockquote>
This doesn't mean that corporate influence has been -- or ever will be -- neutralized.  But it does suggest that it's becoming easier for the voices of those actually impacted to speak up and make themselves heard.  It will take a lot of effort -- and certainly, corporations are often a lot more tied into the levers of power, but there is more of an opportunity for groups of people to use information tools to their advantage, and to counter efforts by anyone, whether its corporations or individuals, to push through harmful legislation.  It may seem idealistic (and, it is), but the unintended consequences of barring speech seems like it could be much worse.<br /><br /><a href="http://www.techdirt.com/articles/20100201/1903207997.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100201/1903207997.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100201/1903207997.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>free-speech-and-its-consequences</slash:department>
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<pubDate>Tue, 14 Jul 2009 05:55:00 PDT</pubDate>
<title>Stephen Fry: Time For Politicians To Represent People's Interest On Copyright, Not Corporations</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090713/1936485534.shtml</link>
<guid>http://www.techdirt.com/articles/20090713/1936485534.shtml</guid>
<description><![CDATA[ Stephen Fry is a very well known British actor, comedian and writer.  He's also known as a real tech geek sorta guy -- who doesn't mind getting his hands dirty with new technologies to learn about them.  He apparently gave a speech (made up on short notice) about <a href="http://torrentfreak.com/stephen-fry-admits-hes-a-bittorrent-pirate-090713/" target="_new">copyright and the future of music</a>, where he complained that politicians, such as those who created the <a href="http://www.techdirt.com/articles/20090616/0946355250.shtml">Digital Britain</a> report were clearly reflecting the views of various <i>industries</i> and not of the people.  Fry made it clear that he doesn't endorse the idea of widespread file sharing -- and he warned against misinterpreting his speech that way -- but still admitted that he's been known to fire up BitTorrent himself to get the latest episodes of <i>24</i> or <i>House</i>.  And he admits that he feels a bit guilty about it, but the reason is that he can't really get that content elsewhere.  The fault is with the industry, and yet the gov't is trying to protect that industry, rather than recognize that the real problem is the industry not giving people what it wants.  Having the gov't come up with a plan to try to stomp out file sharing misses the point.  The problem isn't the file sharing -- it's the industry not responding to the market.
<br /><br />
This is an important point, actually.  Thanks to some of the press coverage, and the way the industry often tries to frame this debate, you get this picture of evil kids destroying an industry by downloading tons and tons of content.  And, there are some folks out there who do download a ton of stuff.  But the real issue isn't with that group of folks, who would never have bought any content in the first place.  It's with the everyday folks, like Stephen Fry, who would just like to access the content in the most convenient way possible -- and the industry is failing him.  The answer isn't to go after some kids and fine them millions or throw them in jail.  It's to respond to the market.<br /><br /><a href="http://www.techdirt.com/articles/20090713/1936485534.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090713/1936485534.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090713/1936485534.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>like-that'll-ever-happen</slash:department>
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