Techdirt. Stories filed under "favorites"

ChurchHatesTucker's Favorite Techdirt Posts Of The Week

ChurchHatesTucker — Sat, 5 Mar 2011 12:00:00 PST

This week's favorites are from ChurchHatesTucker, who has been contributing to the community here for many, many years, providing all sorts of useful stories and insights.

If you read Techdirt for any length of time, you start to expect certain stories: ICE is off the hook, the BSA is against Open Standards, Hollywood and the US Senate just can't quit each other, Moby thinks the record labels should just die. You know the drill. So, it's always a relief to come across the unexpected ones, good or bad.

The "Jasmine Revolution" in China didn't amount to much, but that didn't stop a surprisingly large number of sites around the world from simply recycling pictures of other events. Did they think nobody would notice?

The works of the US government are (normally) in the public domain, as they're paid for by the American public. This includes the widely regarded reports of the Congressional Resource Service. Unfortunately, that doesn't mean that they're actually available. So, we're at a point where we have to petition the government to release public domain information to the public.

On the state level, Connecticut is considering a bill that would guarantee the public's right to record the police. More importantly, it would provide civil sanctions if that right is violated. Meanwhile, Florida is considering a measure to criminalize unauthorized photography of farms in order to protect the "intellectual property" of farm operations. Any interference with animal rights groups is purely coincidental.

I suppose 'wacky lawsuits' as a whole are part and parcel of Techdirt's coverage, but the individual stories never cease to amaze. Groupon, whose very name is a portmanteau of "Group Coupon," finds itself in court over charges that its offerings should be considered gift cards. Meanwhile, Facebook is being sued for one man's failure to be elected to Congress.

A continuing theme in the digital age is that companies seek to use all the advantages of digital media, while trying to impose all the disadvantages of physical media on their customers. Along those lines, HarperCollins has apparently decided that the problem with ebooks is that they last too long. To remedy that situation they've imposed a DRM-enforced license on libraries to ensure that a book can only be lent out 26 times.

In yet another example of copyright as a means of control, rather than incentive, Ubisoft has blocked an advertisement for its European "We Dare" Wii game. I'm left wondering why they don't block it in Europe.

And finally, Libyans organized protests around the country under the nose of the secret police by leaving cleverly coded messages on an online dating site. I LLLLove it.

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Modplan's Favorite Techdirt Posts Of The Week

Modplan — Sat, 26 Feb 2011 12:00:00 PST

This week's "favorites of the week" post comes from Modplan. He's not the most prolific commenter, but I always enjoy his thoughtful responses.

First, a thanks to Mike for asking me to write this week's post. When approached to do the favorite posts of the week, I was initially worried I wouldn't be able to find much of interest in a week I thought it wasn't as eventful of a week as it turned out to be when looking back for the selections, so I took a few swigs of my kool-aid and prepared for the inevitable drop in value that follows from doing anything for free and got writing. I only hope the following selections and my musings are at least of mild interest to even just a few of you.

I've been following the "Freedom Box" project for quite a while after first seeing some of Eben Moglen's speeches regarding freedom, the web and free software, which had also inspired other projects like Diaspora, so it's no surprise that the article "Sometimes 'Piracy' & Freedom Look Remarkably Similar" was something of particular interest. I think the article leads into a point I'd personally been thinking about for while, in that much of what makes the web so great at freedom of speech is also fundamentally the same as what makes it great for widespread piracy. To attack piracy is to often end up -- inadvertently or not -- attacking the same things that give us a greater freedom of speech and efficiency. With modern attempts at attacking the former in some ways inhibiting the latter, they result in rather ham-fisted ways of working around that technologically, legally and PR wise. I'd be interested to see, if these kinds of devices take off, what precisely will be demanded to be done to combat the higher chances of piracy that seem will inevitably come with the greater protection of privacy and free speech.

Next up is the story of how the Tolkien estate is trying to put a stop to a historical fiction book involving the deceased author. I think we can all understand at some point the feeling of needing to fight back against something said that's untrue about us or the need to not be associated with something we don't support or like, but it seems like publicity laws, as they are, will just continue to be abused. I'm not sure what merit cases involving deceased authors and Hulk Hogan impersonations have outside of getting in the way of what seems like perfectly valid forms of criticism and bad comedy, regardless of any fears of association.

Speaking of overly broad rights and protections, I'm reminded of the story on the EU and Korea trade agreement, which to me didn't appear to get a lot of attention the first time round. Though I think I only need to point out this particular part to show just how bad this agreement is:

The data exclusivity provision prevents generic drug manufacturers from relying on data used by the patentee for market authorisation. Clinical test data generated by the patent holder, for example, therefore cannot be used for market authorisation of a generic drug using the same substance, obliging the generic drug users to reiterate the tests.

If only every society were required to reinvent the wheel, we'd all have teleporters by now.

Moving swiftly on, here's a case we can all learn from with Sweden fining a file sharer €200 ($311, working out at $7 a song). I'm sure this is something the USTR will balk at, but sometimes the US (and us at Techdirt) can get so involved in debating, arguing and extending its own laws, they forget there's a whole world out there we can communicate with and learn from, not merely try to coerce into our ways, with more reasonable file sharing damages certainly being one of those areas.

I'd also like to briefly highlight the stories of the US paying for software that didn't work, the revolving door between Government and industry , and where would we be without ICE admitting to taking down 84,000 domains for the sake of 10 -- not only did the Government give plenty more ammo this week to show themselves to be incompetent and untrustworthy, but they also gave us yet more reasons to dislike the patent system. They really worked had this week didn't they? Just think that if they hadn't done all this work, our national security would be in danger.

To put this post to bed, I'd like to end with more positive stories -- TED's success in opening up its content to the world, a porn company deciding to work with rather than against pirates and its customers, and that cheap video games are not necessarily bad for the industry. I think the story of TED in particular helps show that not only is cheap and free not necessarily as devaluing or industry-destroying as is regularly claimed, but can, in fact, lead to more success and a better situation for all. It's been a regular point at Techdirt that it's not always a zero-sum game when it comes to freeing content and making money, it's just a matter of thinking beyond being simply a gatekeeper.

That's it from me, back to lurking in the comments section from now on.

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Gabriel Tane's Favorites Of The Week: Censorship At Home And Abroad

Gabriel Tane — Sat, 5 Feb 2011 12:00:00 PST

This week's list of "favorite" posts of the week is handed off to Gabriel Tane

Friends! Countrymen! Techdirt-ians! Lend me your... eyes! It's my turn to stroke my ego and pretend that anyone cares to hear what I have to say about issues. But, if you're still reading (and keep on reading), then I'll assume you're at least interested. So, read on and thanks for your attention.

First up, we'll start with a whole slew of related articles that show how the DHS/ICE domain seizures have some serious questions that need some answers. This week, we've seen stories that discuss what does the situation mean to our international relations. The question of jurisdiction has been batted around in the comments as a matter of technicality, but not a lot was said about how far-reaching of an effect this may have if other countries decide they don't like how we seem to be rather bully-ish about how our laws are more important than others'. I don't know the answer to that question, but since our actions so far have been to pull our plug out and thumb our noses, I don't think I want to know the effect.

Further, we've seen where the technical understanding and legality have been called into question by more than just bloggers and interested lawyers. Now, have the questions been raised in such a way that will force the hand of DHS/ICE? Probably not; but the fact that so many people are raising their eyebrows about it means there is something going on that needs to be looked at. And it will, sooner than later I hope.

Second, I also got quite interested in the patent-vs-innovation article that was posted. It seems that the status-quo is being questioned even by those "inside" the system. In a very broad way, I wonder how long until actual common sense is going to win over the juggernaut of established bureaucracy. Hmm...

Third, I was very interested to hear about the situation in Egypt. Actually, I heard about it here first. I didn't follow it completely and thoroughly, but I did have a face-palm moment at this story about the timing of American legislation that people said included an "internet kill switch." I was worried about someone posting comments from a tin-foil fort about how Egypt was some kind of warning about what would happen if the US increased its censorship... and here comes the government showing how such a claim wouldn't be too far of a stretch. sigh. At least China was worried about the implications.

Further on the face-palm front... I was glad to see the TSA getting a clue with new scanners that don't show you naked, and realizing the people who write the paychecks are not happy with their actions -- and not surprised to see them completely ignore the need for effective screening that actually does something other than justify a paycheck.

Fourth and finally, ain't technology grand!? Seeing Bryant Gumbel and Katie Couric discover the internet was fun. Now, much like the rest of you, I found this to be an amusing view on how technology has grown and how silly we see ourselves then, 20+ years later. I was, again like most of you, sadly not surprised when a major news corp followed this up by completely overreacting to the situation, firing the person responsible and, thus, creating the much-loved Streisand-effect. I wonder how long it's going to take before the reality of the internet's openness and, well, immortality sinks in to the people who think they can just wish information away.

There were so many fun stories this week, I know I didn't get them all covered. I think I covered the ones that echo strongest with me: the fact that our government seems to want to censor what's on the internet (arguably, at the beck and call of the entertainment industry) while another country (our ally?) faces some very serious consequences for that very action.

I think we've seen the start of a trend towards people wanting real answers to what's going on. I know that as I read the comments from both sides (at least, those on either side that choose to provide data), I learn more and more about how these things do and should work. For that, I would like to take a purely-selfish moment and thank all the commenters -- regulars, ACs, insiders and outsiders -- for helping me broaden my knowledge about the world around me.

And, of course, I do so love to see how far technology has come in the last few years... and if anyone wants some authentic AOL coasters, let me know ;).

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Hephaestus' Favorite Stories Of The Week

Hephaestus — Sat, 15 Jan 2011 12:00:00 PST

This week's post on favorite stories comes from regular commenter Hephaestus

In human history, we have people who stand out. These are the people that believe in community, that fight oppression, that innovate, that create the next big thing sometimes with out even knowing it. That's who I've chosen to highlight in Techdirt posts from the past week.

The people around you and the community you build is important. Community Is About Enabling People To Be Heard. Everyone wants to be a part of something larger, something greater than themselves. Unless you have a huge ego and just want to be worshipped.

For standing up to those who wish to oppress, I give serious Kudos To Twitter For Not Just Rolling Over When The US Gov't Asked For Info. Some of what Twitter did comes from doing what is right and just and maintaining trust. And some of it comes from the fear of financial loss. In the world of business on the internet, they are related. People now talk at the speed of light, so if you break the trust everyone knows almost immediately. This brings me to three givens for internet community, if you lose the trust, you fail to innovate, or if you get bought up by Rupert Murdoch, you lose the community.

Small innovations that occur as part of a larger trend are often overlooked by incumbent businesses. One such trend is the rise of low cost, high quality digital cameras. While the iPhone is does not have the best video quality, a Korean Director Shot a Movie With Just iPhones. The movie is 30 minutes long and seems to be more of a publicity stunt targeted at iWhatever fanbois than a serious attempt at film making. This puts the fact that films and TV shows can be made on a cellphone in the public mind. Combine that with YouTube extending the length of allowable videos and you have a serious disruption waiting to happen. It is only a matter of time before someone does a TV series about a robot on an Android, just for the publicity it will generate.

I have great hope for the next couple of years. Slowly we are seeing things change, sometime for the worse -- sometimes for the better. On one side, we see the incumbents in several industries fighting the changes that are occuring with lawsuits, and laws designed to stop the advancements being made. On the other side, we see small incremental changes being made in reaction to these laws and lawsuits. Information technology, open source, online communities like Facebook and Linkedin, changes in the way we find information, all marching forward at a very rapid and predictable rate. We see existing disruptive trends accelerating, and new ones occuring all the time. None of which can be stopped, just slowed down a little.

Oh and my least favorite story of the week, because I want a recount (!!!) is this one about Techdirt's 2010 numbers. Congrats to Dark Helmet for posting a single comment more than me last year.

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Marcus Carab's Favorite Techdirt Posts Of The Week

Marcus Carab — Sat, 8 Jan 2011 12:00:00 PST

I came up with several concepts and themes for my Favorites column, but none of them came together quite as neatly as I hoped, so I’ve opted to play without rules. These five posts are selected for different reasons and presented in no particular order, alongside some of my thoughts on each. If it draws your attention to something interesting that you missed, then I’ve done my job!

(Note: I had to polish this post off on Thursday night, so I’m afraid there are no Techdirt posts from Friday included here. Hopefully it’s a slow news day.)

Time For Google To Leave Italy? Italy Announces That YouTube Responsible For All Content
Online companies are gaining so much cultural clout that we often hear calls for this “we’ll just leave and see how you like it” response to oppressive regulations—and yet you rarely see it happen. Posts like this one get me wondering why, because boy it sounds like fun, doesn’t it? But maybe it’s wise for these companies not to bet too heavily on their ubiquity; after all, online services can rise and fall in the blink of an eye, and regional competitors in huge markets like China and Russia already represent some of the biggest threats to the established western players. I wonder: what would really happen if YouTube pulled out of Italy?

UK Man Convicted Of A Crime For Letting Drivers Know They Should Slow Down To Avoid Speed Camera
Okay, I think the conviction in this case is pretty silly, but I got caught up in this post because in a purely abstract sense there is a lot of fun logic to play with. By flashing your lights in this manner, you encourage someone to obey the law while at the same time encouraging a broader culture of disobeying the law—as an ethical thought experiment, it’s nearly as fun as the Trolley Problem.

Have We Reached A Tipping Point Where Self-Publishing Is Better Than Getting A Book Deal?
I have a friend who is a novelist trying to get his first publishing deal, but is resistant to self-publishing for interesting reasons. In short, he agrees that the old ways are changing, but he’s wanted this for a long time and he’s damn well going to give it a shot before trying to be a pioneer. His response to this post was so good I had to share it, but I haven’t had a chance to ask him so I’m omitting his name for now (though the nature of the quote gives you an alphabetical clue):

“Once upon a time, vanity presses were for vain writers. Today, traditional publishing is for vain writers. I do want my books to sit on a bookstore shelf. Any bookstore I walk into, I go looking for James Michener, because that's where [X]’s work will one day sit. Isn't that vain? Isn't that my pride talking? But isn't that the stuff meaningful dreams are made of?”

I wish him well, and I'll be there to help him if he ever does decide to self-publish.

Dear Gary Larson: Your Kids Go Out At Night; Let Them Be
Ah, the Heartfelt Plea—one of the classic creator responses to the discovery that their work now belongs to their fans. It’s certainly better than the Angry Tantrum or the Silent Treatment, but it still leaves a bad taste in my mouth. The Angry Tantrum is all about chastisement, the Silent Treatment is all about punishment, and the Heartfelt Plea is all about another weapon: guilt. It’s an attempt to make your fans feel guilty for enjoying and sharing your work. Though I’m a fan of The Far Side, I’m not a fan of that.

(Incidentally, The Complete Far Side is only available as a two-volume set with a list price of $150. And he wonders why fans want to digitize his work…)

IHOP Drops Trademark Lawsuit Against IHOP
As a Canadian, I know very little about IHOP, but everything I find out makes it sound all the more ridiculous. I was astonished to learn from this post that the Rooty Tooty Fresh ‘n’ Fruity is a real thing. How does anyone order it without giggling?

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