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<channel>
<title>Techdirt. Stories filed under &quot;language&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
<language>en-us</language>
<image><title>Techdirt. Stories filed under &quot;language&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 3 Apr 2013 15:34:00 PDT</pubDate>
<title>Amazon Refuses To Publish First Cornish-Language Ebook</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130402/04333522547/amazon-refuses-to-publish-first-cornish-language-ebook.shtml</link>
<guid>http://www.techdirt.com/articles/20130402/04333522547/amazon-refuses-to-publish-first-cornish-language-ebook.shtml</guid>
<description><![CDATA[ <p>
As we've noted before, Amazon is beginning to wield <a href="https://www.techdirt.com/articles/20111012/09100416324/does-amazon-want-to-monopolize-entire-publishing-chain.shtml">considerable power</a> over the entire publishing chain.  The past teaches us that as successful companies gain near-monopoly powers, their arbitrary decisions become more problematic.  <a href="http://www.prlog.org/12108622-amazons-kdp-refuses-to-publish-worlds-first-cornish-language-book.html">Here's an unusual example of that</a>, pointed out to us by <a href="https://kw.wikipedia.org/wiki/Kernowek">@IndigenousTweet</a> via <a href="https://twitter.com/MLBrook">@MLBrook</a>:

<i><blockquote>Diglot Books Ltd has today been told that Kindle Direct Publishing will not publish their bilingual children's picture book Matthew and the Wellington Boots because it is written in Cornish.
<br /><br />
The book which was released for St Piran's Day earlier this month has been successfully launched on the iTunes platform, but will not be available to Android or Kindle Fire users because "the book is in a language that is not currently supported by Kindle Direct Publishing."</blockquote></i>

Fair enough, you might think -- if Cornish uses some weird alphabet not supported by Amazon, there's not much to be done.  Except that's not the case:

<i><blockquote>The Cornish language which uses exactly the same alphabet as the English language has been on the rise since its recognition as a living language in 2002 under the European Charter for Regional and Minority Languages, and is now spoken fluently by several thousand people.</blockquote></i>

That is, no special characters are needed, as <a href="https://kw.wikipedia.org/wiki/Kernowek">the Cornish Wikipedia's page on the language</a> demonstrates, so there is no technical reason for Amazon not to publish the book.  Clearly, this is just an arbitrary decision on the company's part, one that it is essentially impossible to appeal against.
</p>
<p>
As the press release from the publishers quoted above notes, <a href="http://www.diglotbooks.com/index.php?option=com_content&#038;view=article&#038;id=79&#038;Itemid=97&#038;lang=en">Diglot Books were able to use iTunes to offer their ebook</a> instead.  Some might say this is a case of out of the frying pan into the fire, since in the past Apple too has shown itself inflexible in terms of what it will and won't accept.  Had Apple refused to carry the title for whatever reason, it's arguable that the Cornish language, still struggling to re-establish itself after dying out a couple of hundred years ago, would have suffered as a result of this lack of access to the main ebook distributors.
</p>
<p>
Promoting Cornish may not be high on everyone's list of priorities, but Amazon's refusal to publish the first ebook in the language provides another worrying example of how it is failing to use its increasing global power responsibly.
</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/20130402/04333522547/amazon-refuses-to-publish-first-cornish-language-ebook.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130402/04333522547/amazon-refuses-to-publish-first-cornish-language-ebook.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130402/04333522547/amazon-refuses-to-publish-first-cornish-language-ebook.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>there's-a-word-for-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130402/04333522547</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 25 Mar 2013 17:00:00 PDT</pubDate>
<title>DailyDirt: Learning A Foreign Language</title>
<dc:creator>Joyce Hung</dc:creator>
<link>http://www.techdirt.com/articles/20110103/00464112496/dailydirt-learning-foreign-language.shtml</link>
<guid>http://www.techdirt.com/articles/20110103/00464112496/dailydirt-learning-foreign-language.shtml</guid>
<description><![CDATA[ Apparently, <a href="http://www.jhu.edu/~jhumag/0299web/degree.html#language">Japanese</a> is the most difficult foreign language for native English speakers to learn. Not only does it have different written and spoken codes, it also has three different writing systems. Furthermore, Japanese syntax is left branching, which is the complete opposite of English syntax, which is right branching. Learning a foreign language is never easy (although some people seem to have an easier time than others), but it's not impossible with enough time and effort put into it. Here are a few more links about learning foreign languages. 

<ul>

<li> <a title="http://blogs.citypages.com/blotter/2009/11/dinkytown_dad_s.php" href="http://bit.ly/ZR47Lt">A father spoke to his son in only Klingon for the first three years of his life.</a> He was apparently interested in whether his kid, who was just going through his first language acquisition process, would pick up Klingon just like any human language. And, yes, the kid did start to learn it. [<a href="http://blogs.citypages.com/blotter/2009/11/dinkytown_dad_s.php">url</a>]</li>

<li> <a title="http://www.hackingchinese.com/?p=1217" href="http://bit.ly/ZbO2iL">What it takes to learn Chinese, or any other foreign language, is simply lots of hard work.</a> You don't have to be talented. Just follow the "10,000 Hour Rule," and practice, practice, practice. [<a href="http://www.hackingchinese.com/?p=1217">url</a>]</li>

<li> <a title="http://www.bbc.com/future/story/20130315-a-better-way-to-learn-chinese" href="http://bit.ly/XnXf8i">Scientists in China think they've figured out a better way to teach Chinese.</a> Using network theory, they developed a learning strategy that exploits the structural relationships between Chinese characters, which are actually composed of a fairly limited number of sub-characters. [<a href="http://www.bbc.com/future/story/20130315-a-better-way-to-learn-chinese">url</a>]</li>

</ul>

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a> via StumbleUpon.<br /><br /><a href="http://www.techdirt.com/articles/20110103/00464112496/dailydirt-learning-foreign-language.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110103/00464112496/dailydirt-learning-foreign-language.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110103/00464112496/dailydirt-learning-foreign-language.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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</item>
<item>
<pubDate>Thu, 28 Feb 2013 23:10:00 PST</pubDate>
<title>Online Polish Loses Some Of Its Polish</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130227/10010622138/online-polish-loses-some-its-polish.shtml</link>
<guid>http://www.techdirt.com/articles/20130227/10010622138/online-polish-loses-some-its-polish.shtml</guid>
<description><![CDATA[ <p>
If it is to be true to its name, the World Wide Web ought to reflect the planet's full cultural and linguistic diversity.  Currently, though, many sites and tools remain optimized for English and its character set, although that's gradually changing as other countries with different languages and writing systems come online in greater numbers.
</p>
<p>
This anglocentricity can have some unexpected knock-on effects on how people use their native tongues online, as this article about <a href="http://news.msn.com/world/poland-campaigns-to-preserve-its-complex-spelling">the plight of the written Polish language explains</a>:

<i><blockquote>Computer and phone keyboards require users to punch additional keys for Polish alphabet. To save time, Poles often skip the nuances, and sometimes need to guess the meaning of the message that they have received.</blockquote></i>

Of course, all languages have ambiguities -- as in this post's headline -- but in the case discussed above, the use of technology seems to be introducing some more, because special letters with extra diacritical marks are avoided and replaced by simpler versions that change a word's meaning in important ways.  In the same article, a Polish linguist expresses his fears about what this might lead to:

<i><blockquote>"Today, the Polish language is threatened by the tendency to avoid its characteristic letters," Bralczyk said. "The less we use diacritical marks in text messages, the more likely they are to vanish altogether. That would mean an impoverishment of the language and of our life. I would be sorry."</blockquote></i>

He probably doesn't need to worry.  Technology will soon sort out this problem of its own making: touchscreens allow all kinds of extended keyboards, including those with extra characters, and predictive technology can auto-correct as the user enters text.  In due course, voice recognition will be good enough to offer a completely hands-free approach for both desktops and mobiles, and will be able to apply all the diacritical marks required as the dictation proceeds.  Indeed, far from leading to diacritical marks disappearing, there's no reason why such digital writing assistants shouldn't help people use them more widely and correctly than ever before.
</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/20130227/10010622138/online-polish-loses-some-its-polish.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130227/10010622138/online-polish-loses-some-its-polish.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130227/10010622138/online-polish-loses-some-its-polish.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>crossing-the-l-and-dotting-the-z</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130227/10010622138</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 3 Jan 2013 00:11:38 PST</pubDate>
<title>How Neutral Can Kazakh-Language Wikipedians Be?</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20121231/10111721529/how-neutral-can-kazakh-language-wikipedians-be.shtml</link>
<guid>http://www.techdirt.com/articles/20121231/10111721529/how-neutral-can-kazakh-language-wikipedians-be.shtml</guid>
<description><![CDATA[ <p>Although there has been some <a href="https://www.techdirt.com/article.php?sid=20080415/013346850">sniping</a> about the quality of Wikipedia's entries from time to time, we generally take it for granted that when key articles are missing they will get written, and that if they are unbalanced, they will gradually get better -- all thanks to the open, collaborative editing process that sorts out such problems.  But an interesting post on registan.net notes that <a href="http://registan.net/2012/12/27/on-kazakh-language-wikipedia-crowdsourcing-meets-crowd-mentality/">these dynamics may not apply to some versions of Wikipedia -- for example, the one written in the Kazakh language</a>:

<i><blockquote>I also find the idea that thousands of diligent volunteer Kazakh Wikipedians are hard at work writing up an unbiased encyclopedia of the world and of their country [hard to believe]. The incentives for it are all wrong. The rewards for glowing diatribes on [Kazakhstan's President] Nazarbayev's Kazakhstan <a href="http://www.leila-khrapunova.com/en/news-en/respkz-8/">are clear</a>, but the risks involved in challenging that narrative <a href="http://www.eurasianet.org/node/66340">are equally so</a>.</blockquote></i>

It's an important point.  Wikipedia may request a "<a href="https://en.wikipedia.org/wiki/Wikipedia:Neutral_point_of_view">neutral point of view</a>" from all its contributors, but when the consequences of telling the unvarnished truth are rather less pleasant than embellishing the facts a little, we can hardly blame people in countries like Kazakhstan for straying from the Wikipedian ideal.
</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/20121231/10111721529/how-neutral-can-kazakh-language-wikipedians-be.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121231/10111721529/how-neutral-can-kazakh-language-wikipedians-be.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121231/10111721529/how-neutral-can-kazakh-language-wikipedians-be.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>telling-it-as-it-is</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121231/10111721529</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 27 Dec 2012 17:00:00 PST</pubDate>
<title>DailyDirt: Talking Funny</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20101109/09064011772/dailydirt-talking-funny.shtml</link>
<guid>http://www.techdirt.com/articles/20101109/09064011772/dailydirt-talking-funny.shtml</guid>
<description><![CDATA[ Some people don't think they have an accent when they talk, but even Mid-westerners have a few discernible pronunciations that can give them away. But beyond accents, there are also speaking quirks like slang and syntax and other weird sounds that people use when they communicate. Here are just a few examples. 

<ul>
 
<li> <a title="http://news.stanford.edu/news/2012/august/california-dialect-linguistics-080612.html" href="http://stanford.io/VDWuFB">The Voices of California project is trying to document California's English accents.</a> The researchers are gathering examples of different slang, pronunciation and syntax that Californians use -- such as "hella," "pin/pen," and the "positive anymore" phenomenon. [<a href="http://news.stanford.edu/news/2012/august/california-dialect-linguistics-080612.html">url</a>]</li>

<li> <a title="http://languagelog.ldc.upenn.edu/nll/?p=4269" href="http://bit.ly/TsGeJZ">Is Obama addicted to saying "is is" when he talks?</a> Thankfully, he doesn't use extreme isisism, like the "triple is" in a sentence like: "What the American people's understanding is, is, is that..." [<a href="http://languagelog.ldc.upenn.edu/nll/?p=4269">url</a>]</li>

<li> <a title="http://blogs.discovermagazine.com/80beats/2011/12/13/the-linguistic-phenomenon-du-jour-vocal-fry/" href="http://bit.ly/TEi42B">The vocal fry is a low creak in someone's voice while they talk -- that mostly occurs at the end of sentences.</a> It was thought to be more common among young women, but newer studies suggest otherwise. [<a href="http://blogs.discovermagazine.com/80beats/2011/12/13/the-linguistic-phenomenon-du-jour-vocal-fry/">url</a>]</li>

</ul>

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20101109/09064011772/dailydirt-talking-funny.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101109/09064011772/dailydirt-talking-funny.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101109/09064011772/dailydirt-talking-funny.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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</item>
<item>
<pubDate>Wed, 5 Dec 2012 17:00:00 PST</pubDate>
<title>DailyDirt: Making Up Words</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20090723/1815425639/dailydirt-making-up-words.shtml</link>
<guid>http://www.techdirt.com/articles/20090723/1815425639/dailydirt-making-up-words.shtml</guid>
<description><![CDATA[ The English language creates new words all the time and steals words from other languages to bulk up its vocabulary. Maybe it's not fair to other languages, but then the consequences are that English grammar is highly irregular and correct spellings sometimes require knowledge of the word origins. Here are just a few interesting tidbits on creating new words.

<ul>

<li> <a title="http://blogs.smithsonianmag.com/smartnews/2012/11/the-first-use-of-omg-was-in-a-1917-letter-to-winston-churchill/" href="http://bit.ly/SwdVd3">The usage of "OMG" apparently dates back as far as 1917 -- when Lord John Fisher used it in a letter to Winston Churchill.</a> However, the Oxford English Dictionary only added OMG to its lexicon in 2011. [<a href="http://blogs.smithsonianmag.com/smartnews/2012/11/the-first-use-of-omg-was-in-a-1917-letter-to-winston-churchill/">url</a>]</li>

<li> <a title="http://online.wsj.com/article/SB10001424052702304459804577285610212146258.html?mod=googlenews_wsj" href="http://on.wsj.com/UdGKbF">How many words exist in the English language? Unabridged dictionaries have hundreds of thousands of entries, but scientific estimates put it closer to a million.</a> A 2011 Culturonomics paper suggests the English language is growing at a rate of about 8,500 new words per year, but that rate is actually slowing down. [<a href="http://online.wsj.com/article/SB10001424052702304459804577285610212146258.html?mod=googlenews_wsj">url</a>]</li>

<li> <a title="http://spectrum.ieee.org/automaton/robotics/artificial-intelligence/lingodroid-robots-invent-new-words-for-time" href="http://bit.ly/Xo2sRk">Lingodroids are creating new words that humans might be able to use.</a> Perhaps fittingly, these bots are generating a whole lot of new 4-letter words. [<a href="http://spectrum.ieee.org/automaton/robotics/artificial-intelligence/lingodroid-robots-invent-new-words-for-time">url</a>]</li>

</ul>

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20090723/1815425639/dailydirt-making-up-words.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090723/1815425639/dailydirt-making-up-words.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090723/1815425639/dailydirt-making-up-words.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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</item>
<item>
<pubDate>Thu, 15 Nov 2012 17:00:00 PST</pubDate>
<title>DailyDirt: Bullet The Blue</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20120210/14024217733/dailydirt-bullet-blue.shtml</link>
<guid>http://www.techdirt.com/articles/20120210/14024217733/dailydirt-bullet-blue.shtml</guid>
<description><![CDATA[ When people talk about colorful language, they're usually referring to foul language. But more literally, words for colors in our language(s) can affect how we perceive and react to colors. The word for blue is particularly interesting due to its surprisingly infrequent use in older texts. Here are just a few links relating colors and words. 

<ul>

<li> <a title="http://www.pnas.org/content/104/19/7780.full" href="http://bit.ly/TyhYF3">Different languages describe colors in ways that sometimes can't be translated exactly, and these linguistic definitions can affect how people perceive colors.</a> The Russian language has very specific words for different shades of "blue" (and no term for "blue" in general), and Russians have distinctly different reactions to blue than English speakers do. [<a href="http://www.pnas.org/content/104/19/7780.full">url</a>]</li>

<li> <a title="http://ideasillustrated.com/blog/2012/04/01/visualizing-english-word-origins/" href="http://bit.ly/XqoR03">A color-coded analysis of various English texts according to word origins can show some interesting patterns that could be unique to certain genres of writing.</a> British literature has more words from Anglo-Saxon origins, but other kinds of writing has different mixtures... if only spam were easily identified by this kind of analysis.  [<a href="http://ideasillustrated.com/blog/2012/04/01/visualizing-english-word-origins/">url</a>]</li>

<li> <a title="http://www.radiolab.org/2012/may/21/sky-isnt-blue/" href="http://wny.cc/YUjbKW">Ancient greeks wouldn't have described the sky as blue....</a> Homer did not use "blue" at all, and maybe Greeks didn't see colors the same way we do today. But other ancient civilizations didn't use blue in their written languages, either. [<a href="http://www.radiolab.org/2012/may/21/sky-isnt-blue/">url</a>]</li>

</ul> 

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20120210/14024217733/dailydirt-bullet-blue.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120210/14024217733/dailydirt-bullet-blue.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120210/14024217733/dailydirt-bullet-blue.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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</item>
<item>
<pubDate>Tue, 19 Jun 2012 05:04:00 PDT</pubDate>
<title>Google Books Data Mining Reveals Mad Men's Big Historical Flaw: Business Lingo</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120616/01535419358/google-books-data-mining-reveals-mad-mens-big-historical-flaw-business-lingo.shtml</link>
<guid>http://www.techdirt.com/articles/20120616/01535419358/google-books-data-mining-reveals-mad-mens-big-historical-flaw-business-lingo.shtml</guid>
<description><![CDATA[ The TV show <i>Mad Men</i> has quite a reputation for going to great lengths to be as authentic as possible.  The clothes, the props, the scenarios are all supposedly thought out in great detail.  While some who were actually in the business at the time <a href="http://adage.com/article/rance-crain/real-scoop-ad-age-mad-men-era/145094/" target="_blank">quibble</a> with certain aspects of the show, it cannot be denied that the show's producers certainly go way beyond other period pieces to try to make keep everything accurate for the time period.  However, it turns out that there's one area where it appears the writers have completely flopped: period-specific <i>language</i>.  <i>On The Media</i> ran an absolutely fascinating clip about a researcher who has shown <a href="http://www.onthemedia.org/2012/jun/15/lexicon-valley-takes-mad-men/" target="_blank">how frequently <i>Mad Men</i> uses words or phrases that were not in popular usage</a> at the time, but only came into the lexicon at a later date:
<center>
<iframe width="474" height="54" frameborder="0" src="http://www.onthemedia.org/widgets/ondemand_player/#file=%2Faudio%2Fxspf%2F216808%2F;containerClass=onthemedia"></iframe>
</center>
<br />
This is actually a cross-broadcast of another podcast, <a href="http://www.slate.com/articles/podcasts/lexicon_valley/2012/06/lexicon_valley_anachronisms_in_mad_men_downton_abbey_and_edith_wharton_.html" target="_blank">Lexicon Valley</a>, and it's covering the work of Ben Schmidt, who has produced a software algorithm that compares the <i>Mad Men</i> scripts... to a searchable database of language from Google's book scanning project.  Schmidt's algorithm compares the language from the show with scanned books from the same period.  Schmidt has a website, <a href="http://www.prochronism.com/" target="_blank">Prochronism</a>, which covers his findings.  I can't quite explain why, but it's really quite fascinating.
<br /><br />
Schmidt has found that the show is pretty good about getting language about <i>technology</i> right (with one exception).  It knows that there aren't fax machines and computers and stuff.  The one area where it gets things wrong, is with <i>the phone</i>.  For example, using the phrase <a href="http://www.prochronism.com/2012/06/eps-11-12-defining-moment-on-hold.html" target="_blank">"on hold."</a>  He notes that phones had hold buttons, but there wasn't yet a concept of the state of being "on hold."  That showed up in the 70s.
<br /><br />
What Schmidt has also found is that the show is absolutely <i>terrible</i> about getting "business" terms correct in a period specific way.  That same post about "on hold" also chides the show for using "defining moment," another phrase that showed up in the 70s, but was basically stuck in academia until the late 80s or early 90s when it became a popular phrase.
<br /><br />
<center>
<a href="http://imgur.com/W3rJj"><img src="http://i.imgur.com/W3rJj.png" width=560 /></a>
</center>
<br />
Honestly, Ben's site is really fascinating.  I could spend hours on it (and actually had to stop going through it post by post to finish this post).  There are also discussions on phrases like "focus groups" and "leverage."  But one more awesome chart from Ben, discussing the use of both <a href="http://www.prochronism.com/2012/06/eps-9-10-moral-high-ground-of.html" target="_blankl">"moral high ground" and "consumerism,"</a> both of which were barely in use until much later:
<br /><br />
<center>
<a href="http://imgur.com/Dw6xi"><img src="http://i.imgur.com/Dw6xi.png" width=560 /></a>
</center>
<br />
On the podcast, they discuss how part of the reason that the show gets the language about technology right, but not business, is because we <i>know</i> that technology rapidly evolves and we're more attuned to it.  But people don't pay nearly as much attention to how business changes and especially how the language of business changes over time.  I guess that's true, though it doesn't surprise me that "consumerism" and "moral high ground" are both more recent phenomena.  "Defining moment" and "on hold" are a bit more surprising to me.
<br /><br />
Either way, I also wanted to highlight something else about all of this that I find fascinating.  For all the talk by some about just how evil Google's book scanning project is, this kind of effort and research <i>wouldn't be possible</i> without large scale scanning of books.  While this particular example may appear (on its face) to be a frivolous (even if it's fascinating) area of research, it does highlight just how collection of certain data can open up vast arrays of data that can be mined in useful ways.  When people freak out about new technologies and services, they almost always focus on how it impacts the old offerings.  So most of the talk was about book scanning and its impact on book sales.  But what almost no one talks about is how it enables new things that simply weren't possible before -- such as being able to build an algorithm like the one Ben built.  Those kinds of innovations -- the unexpected "externalities" of projects like the Google book scanning project -- shouldn't be ignored, because there's tremendous value that can come out of them.<br /><br /><a href="http://www.techdirt.com/articles/20120616/01535419358/google-books-data-mining-reveals-mad-mens-big-historical-flaw-business-lingo.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120616/01535419358/google-books-data-mining-reveals-mad-mens-big-historical-flaw-business-lingo.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120616/01535419358/google-books-data-mining-reveals-mad-mens-big-historical-flaw-business-lingo.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>keep-a-low-profile</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120616/01535419358</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 29 Mar 2012 10:33:00 PDT</pubDate>
<title>NYTimes OpEd Explains Why Infringement Isn't Theft</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120329/02304318285/nytimes-oped-explains-why-infringement-isnt-theft.shtml</link>
<guid>http://www.techdirt.com/articles/20120329/02304318285/nytimes-oped-explains-why-infringement-isnt-theft.shtml</guid>
<description><![CDATA[ We've argued for years that it's absolutely improper to call infringement "theft."  Some, of course, have insisted that since copyright is so obviously "property", it's fine to call infringement theft.  However, in a rather brilliant OpEd piece in the NY Times, law professor Stuart Green not only <a href="http://www.nytimes.com/2012/03/29/opinion/theft-law-in-the-21st-century.html?_r=1&#038;ref=opinion&#038;pagewanted=all" target="_blank">demolishes the "infringement = theft" argument</a>, he also gives some of the history about how it came about:
<blockquote><i>
When Industrial Age Bob and Joe started inventing less tangible things, like electricity, stocks, bonds and licenses, however, things got more complicated. What Bob took, Joe, in some sense, still had. So the law adjusted in ad hoc and at times inconsistent ways. Specialized doctrines were developed to cover the misappropriation of services (like a ride on a train), semi-tangibles (like the gas for streetlights) and true intangibles (like business goodwill).
<br /><br />
In the middle of the 20th century, criminal law reformers were sufficiently annoyed by all of this specialization and ad hoc-ness that they decided to do something about it.
<br /><br />
In 1962, the prestigious American Law Institute issued the Model Penal Code, resulting in the confused state of theft law we&#8217;re still dealing with today.
<br /><br />
In a radical departure from prior law, the code defined &#8220;property&#8221; to refer to &#8220;anything of value.&#8221; Henceforth, it would no longer matter whether the property misappropriated was tangible or intangible, real or personal, a good or a service. All of these things were now to be treated uniformly.
<br /><br />
Before long, the code would inform the criminal law that virtually every law student in the country was learning. And when these new lawyers went to work on Capitol Hill, at the Justice Department and elsewhere, they had that approach to theft in mind. 
</i></blockquote>
There's a lot more worth reading in the oped piece, including references to research that shows that, no matter how many times you compare infringement to stealing, people intrinsically <i>just don't believe it</i>.  Professor Green and his collaborator Professor Matthew Kugler have <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1647244" target="_blank">done some of this research themselves</a>, where they point out that these language choices really matter.  As you can sense from what they wrote about above, when you call things "theft" that have very different characteristics than "theft," it actually influences how people think about these things.
<br /><br />
Falsely lumping all of these specialized areas into the "theft" bucket leads law enforcement and politicians to take easy mental heuristics that have them assume that even if infringement is not exactly like theft it's "close enough" that you can treat it like theft and respond to it like theft.  And that's exactly what we see happening.  The legal proposals and constant changes to copyright law are all about treating infringement more like theft, and believing that greater enforcement leads to less infringement, and that greater "education" does the same.  But that assumes that individuals intrinsically believe that making a copy of something is bad, even though in many, many cases they do not feel that way. Calling it theft when they know it's not theft doesn't convince people to stop file sharing.  It just makes them respect copyright law even less, since it's clearly completely out of touch with the times and the technology.
<br /><br />
The language choices used in this debate matter quite a bit, and it's great that the NY Times opened up its oped pages to someone who's done actual, detailed research on this specific issue.<br /><br /><a href="http://www.techdirt.com/articles/20120329/02304318285/nytimes-oped-explains-why-infringement-isnt-theft.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120329/02304318285/nytimes-oped-explains-why-infringement-isnt-theft.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120329/02304318285/nytimes-oped-explains-why-infringement-isnt-theft.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-why-it-distorts-the-debate</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120329/02304318285</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 13 Dec 2011 17:00:00 PST</pubDate>
<title>DailyDirt: Understanding Kids</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100617/1033199866/dailydirt-understanding-kids.shtml</link>
<guid>http://www.techdirt.com/articles/20100617/1033199866/dailydirt-understanding-kids.shtml</guid>
<description><![CDATA[ Young kids can be really fun to play around with, but sometimes they can be little terrors, too. By understanding how little kids think and behave, parents might be able to cope better with the "terrible two's" (which can extend into the "terrible three's and four's"). Here are just a few interesting links on studying our descendants.
<ul>
<li> <a title="http://www.npr.org/blogs/health/2011/12/05/143062378/whats-behind-a-temper-tantrum-scientists-deconstruct-the-screams" href="http://n.pr/vCnuco">There's a nascent science studying the phenomenon of children's temper tantrums.</a> All tantrums could have a predictable pattern that might lead to better ways of coping with them and maybe avoiding them someday. [<a href="http://www.npr.org/blogs/health/2011/12/05/143062378/whats-behind-a-temper-tantrum-scientists-deconstruct-the-screams">url</a>]</li>
<li> <a title="http://bigthink.com/ideas/40320" href="http://bit.ly/umXfNa">Plenty of parents try to tell their kids to "use words" to describe what they want.</a> Are kids hard-wired for grammar to use their words, though? [<a href="http://bigthink.com/ideas/40320">url</a>]</li>
<li> <a title="http://www.npr.org/2011/01/10/132745952/big-babies-helped-shape-early-human-societies?" href="http://n.pr/rsReIB">While human babies weigh about 6% of the weight of their moms, newborn apes generally weigh about 3% of their mother's weight.</a> Having big babies may have influenced the development of human society, encouraging our ancestors to become more social creatures to care for our kids. [<a href="http://www.npr.org/2011/01/10/132745952/big-babies-helped-shape-early-human-societies?">url</a>]</li>
<li><b>To discover more interesting articles on the human mind, <a title="http://www.stumbleupon.com/to/stumble/topic:315" href="http://bit.ly/hkDPKq">check out what's currently floating around the StumbleUpon universe.</a></b> [<a href="http://www.stumbleupon.com/to/stumble/topic:315">url</a>]  <a title="what's this?" href="#" class="whatsthis help_ddstumble">&nbsp;</a>
</li>
</ul> 
By the way, StumbleUpon can recommend some good <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt</a> articles, too.<br /><br /><a href="http://www.techdirt.com/articles/20100617/1033199866/dailydirt-understanding-kids.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100617/1033199866/dailydirt-understanding-kids.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100617/1033199866/dailydirt-understanding-kids.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100617/1033199866</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 11 Nov 2011 19:39:00 PST</pubDate>
<title>Misleading Metaphors That Drive The War On Online Sharing</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20111111/07270816722/misleading-metaphors-that-drive-war-online-sharing.shtml</link>
<guid>http://www.techdirt.com/articles/20111111/07270816722/misleading-metaphors-that-drive-war-online-sharing.shtml</guid>
<description><![CDATA[ Certain terms crop up time and again in the arguments around copyright infringement and file sharing.  Words like "theft" and "stealing" clearly represent an attempt to frame the debate in a certain way.  That's hardly a new insight: many posts on Techdirt have pointed out these attempts to manipulate the discourse.
<br /><br />
But until now, no one has stepped back and looked at this phenomenon as whole, placing it in a historical and legal context, or tried to analyze how it is related to the battles for the future shape of the Internet currently taking place.  That's just what Stefan Larsson has done for his doctorate at Lund University in Sweden, in a thesis entitled "Metaphors and Norms - Understanding Copyright Law in a Digital Society" (<a href="http://lup.lub.lu.se/luur/download?func=downloadFile&#038;recordOId=2157989&#038;fileOId=2158125">available as a PDF</a>.)  
<br /><br />
Here's how the accompanying press release (yes, even theses have them these days) explains <a href="http://www.alphagalileo.org/ViewItem.aspx?ItemId=114213&#038;CultureCode=en">the central question it seeks to answer</a>:
<blockquote><i>
What is it about copyright that doesn't work in the digital society? Why do millions of people think it's OK to break the law when it comes to file sharing in particular? Sociology of law researcher Stefan Larsson from Lund University believes that legal metaphors and old-fashioned mindsets contribute to the confusion and widening gaps between legislation and the prevailing norms.
<br /><br />
Our language is made up of metaphors, even in our legal texts. Stefan Larsson has studied what consequences this has when digital phenomena, such as file sharing and downloading, are limited by descriptions intended for an analogue world.
</i></blockquote>
In other words, the problem arises when we transpose concepts from an analog context into a digital one, where those concepts are used as metaphors that fail to work because of key differences between the two worlds.
<br /><br />
One of those metaphors is "theft":
<blockquote><i>
"When legal arguments equate file sharing with theft of physical objects, it sometimes becomes problematic", says Stefan Larsson, who doesn't think it is possible to equate an illegal download with theft of a physical object, as has been done in the case against The Pirate Bay.
<br /><br />
Using the compensation model employed in the case against The Pirate Bay, the total value of such a site could be calculated at over SEK 600 billion. This is almost as much as Sweden's national budget, says Stefan Larsson.
</i></blockquote>
Another is "copy":
<blockquote><i>
In Stefan Larsson's view, the word 'copies' is a hidden legal metaphor that causes problematic ideas in the digital society. For example, copyright does not take into account that a download does not result in the owner losing his or her own copy. Neither is it possible to equate number of downloads with lost income for the copyright holder, since it is likely that people download a lot more than they would purchase in a shop.
</i></blockquote>
Both of those will be familiar terrain to Techdirt readers.  But Larsson believes that these misleading metaphors have something in common:
<blockquote><i>
"The problem is that these metaphors make us equate copyright with ownership of physical property", says Stefan Larsson.
</i></blockquote>
That is, the very idea of "intellectual property" is a metaphor that encourages people to make critical mistakes about what we can do with it, and what the ethical framework governing it should be.  I certainly agree with that analysis &ndash; it's why I prefer to call copyright and patents what they are: time-limited, government-backed intellectual monopolies.  But maybe that's just another metaphor....
<br /><br />
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><br /><br /><a href="http://www.techdirt.com/articles/20111111/07270816722/misleading-metaphors-that-drive-war-online-sharing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111111/07270816722/misleading-metaphors-that-drive-war-online-sharing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111111/07270816722/misleading-metaphors-that-drive-war-online-sharing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>words-words-words</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111111/07270816722</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 28 Sep 2011 17:00:00 PDT</pubDate>
<title>DailyDirt: Talking To Animals</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20090513/1026354871/dailydirt-talking-to-animals.shtml</link>
<guid>http://www.techdirt.com/articles/20090513/1026354871/dailydirt-talking-to-animals.shtml</guid>
<description><![CDATA[ Unfortunately, there are no dog collars like the ones in <a href="http://www.imdb.com/title/tt1049413/"><i>Up</i></a> that can translate what dogs are saying into perfect English. But the technology to create an animal translator could actually be on the way. Considering how well machines can translate between two different <i>human</i> languages, though, the goal of conversational translation seems a tad lofty. Here are just a few quick links on animal communication projects.
<ul>
<li> <a title="http://www.newscientist.com/article/mg21028115.400-talk-with-a-dolphin-via-underwater-translation-machine.html" href="http://bit.ly/rjS5ma">A prototype device for two-way communication with dolphins is going to try to talk with wild dolphins near the Florida coastline.</a> This project is also trying to co-develop a language with dolphins, instead of trying to force a human-made language upon our flippered friends. [<a href="http://www.newscientist.com/article/mg21028115.400-talk-with-a-dolphin-via-underwater-translation-machine.html">url</a>]</li>
<li> <a title="http://www.australiangeographic.com.au/journal/Parrots-and-other-wild-birds-able-to-talk.htm" href="http://bit.ly/o6kkVe">Pet parrots released into the wild are apparently teaching other birds how to say some human expressions.</a> And just like high school kids learning a foreign language, these birds have picked up a lot of swear words. [<a href="http://www.australiangeographic.com.au/journal/Parrots-and-other-wild-birds-able-to-talk.htm">url</a>]</li>
<li> <a title="http://www.youtube.com/watch?v=55put3MLZcw" href="http://bit.ly/pawunN">Chimps that were taught sign language have been observed teaching sign language to their young.</a> Monkey see. <a href="http://en.wikipedia.org/wiki/Washoe_(chimpanzee)">Monkey</a> do! [<a href="http://www.youtube.com/watch?v=55put3MLZcw">url</a>]</li>
<li><b>To discover more interesting biological curiosities, <a title="http://www.stumbleupon.com/to/stumble/topic:46" href="http://bit.ly/fPAS5B">check out what's currently floating around the StumbleUpon universe.</a></b> [<a href="http://www.stumbleupon.com/to/stumble/topic:46">url</a>]  <a title="what's this?" href="#" class="whatsthis help_ddstumble">&nbsp;</a>
</li>
</ul> 

By the way, StumbleUpon can recommend some good <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt</a> articles, too.<br /><br /><a href="http://www.techdirt.com/articles/20090513/1026354871/dailydirt-talking-to-animals.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090513/1026354871/dailydirt-talking-to-animals.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090513/1026354871/dailydirt-talking-to-animals.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090513/1026354871</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 13 Jul 2011 17:00:00 PDT</pubDate>
<title>DailyDirt: Universal Translators Would Be Nice</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20110614/23340614701/dailydirt-universal-translators-would-be-nice.shtml</link>
<guid>http://www.techdirt.com/articles/20110614/23340614701/dailydirt-universal-translators-would-be-nice.shtml</guid>
<description><![CDATA[ Just about every science fiction story that involves aliens has to come up with some way for different languages to be translated and understood. Babel Fish, C3PO and Star Trek's "universal translator" all served this purpose. But, it would be revolutionary for technology just to translate between different <i>human</i> languages. Here are some quick links on the topic of communication research. 
<ul>
<li> <a title="http://www.networkworld.com/community/blog/apple-my-eye-us-fancies-huge-metaphor-reposit" href="http://bit.ly/nwPits">A database of metaphors from a wide variety of languages could help develop software that's better at understanding human language.</a> Darmok and Jilad at Tanagra, Captain Picard! [<a href="http://www.networkworld.com/community/blog/apple-my-eye-us-fancies-huge-metaphor-reposit">url</a>]</li>
<li> <a title="http://www.newscientist.com/article/mg21028115.400-talk-with-a-dolphin-via-underwater-translation-machine.html" href="http://bit.ly/rjS5ma">Dolphins have been known to keep track of about a hundred different "words" -- and using some waterproof computers we might be able to decipher some dolphins talking.</a> So long and thanks for all the fish... [<a href="http://www.newscientist.com/article/mg21028115.400-talk-with-a-dolphin-via-underwater-translation-machine.html">url</a>]</li>
<li> <a title="http://www.thisamericanlife.org/radio-archives/episode/411/first-contact?act=3" href="http://bit.ly/nuirI9">SETI is betting that mathematics is the universal language to begin an alien-human conversation.</a> 0101001000100001 or ELSE! [<a href="http://www.thisamericanlife.org/radio-archives/episode/411/first-contact?act=3">url</a>]</li>
<li><b>To discover more interesting tech-related content, <a title="http://www.stumbleupon.com/to/stumble/topic:Technology" href="http://bit.ly/ewIrx5">check out what's currently floating around the StumbleUpon universe.</a></b> [<a href="http://www.stumbleupon.com/to/stumble/topic:Technology">url</a>]  <a title="what's this?" href="#" class="whatsthis help_ddstumble">&nbsp;</a>
</li>
</ul> 


By the way, StumbleUpon can recommend some good <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt</a> articles, too.<br /><br /><a href="http://www.techdirt.com/articles/20110614/23340614701/dailydirt-universal-translators-would-be-nice.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110614/23340614701/dailydirt-universal-translators-would-be-nice.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110614/23340614701/dailydirt-universal-translators-would-be-nice.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110614/23340614701</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 3 Jun 2011 16:30:10 PDT</pubDate>
<title>French Court Says Merely Having The Word 'Torrent' In Your Domain Means You Are Encouraging Infringement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110603/04094514543/french-court-says-merely-having-word-torrent-your-domain-means-you-are-encouraging-infringement.shtml</link>
<guid>http://www.techdirt.com/articles/20110603/04094514543/french-court-says-merely-having-word-torrent-your-domain-means-you-are-encouraging-infringement.shtml</guid>
<description><![CDATA[ We've noticed before how many copyright maximalists make claims that suggest they believe that all BitTorrent is used for is infringement, even though it is used as an efficient distribution mechanism for all sorts of legitimate offerings.  However, a court in France has apparently decided to punish the admin of a forum/search engine for torrent files, in part, by claiming that <a href="http://torrentfreak.com/torrent-becomes-a-dirty-word-as-site-admin-fined-29000-110602/" target="_blank">having the word "torrent" in your URL means</a> that you're encouraging infringement:
<blockquote><i>
The papers include a statement from the Court which declares that &ldquo;..the names of these sites [when they include the word 'torrent'] encourage illegal activity. Torrent sites are accessed by users of the BitTorrent protocol which has a main, if not unique purpose, of enabling downloading of copyright protected works.&rdquo;
<br /><br />
In a nutshell, having the word &ldquo;torrent&rdquo; in a domain name can be reason enough to presume bad intentions.
</i></blockquote>
That's pretty ridiculous, as there are sites that use the word "torrent" that have nothing to do with infringement.  Seems like yet another case of people who don't understand technology making decisions that seriously impact everyone.<br /><br /><a href="http://www.techdirt.com/articles/20110603/04094514543/french-court-says-merely-having-word-torrent-your-domain-means-you-are-encouraging-infringement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110603/04094514543/french-court-says-merely-having-word-torrent-your-domain-means-you-are-encouraging-infringement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110603/04094514543/french-court-says-merely-having-word-torrent-your-domain-means-you-are-encouraging-infringement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>legal-uses,-anyone?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110603/04094514543</wfw:commentRss>
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<pubDate>Tue, 12 Apr 2011 10:51:00 PDT</pubDate>
<title>Is It Time To Form A 'Rogue' Party Instead Of A 'Pirate' Party?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110408/15515213833/is-it-time-to-form-rogue-party-instead-pirate-party.shtml</link>
<guid>http://www.techdirt.com/articles/20110408/15515213833/is-it-time-to-form-rogue-party-instead-pirate-party.shtml</guid>
<description><![CDATA[ We've discussed a few times how important <a href="http://www.techdirt.com/articles/20110407/06461813815/mpaa-real-patriots-dont-share.shtml">language choices are</a> in the debate over copyright -- something that <a href="http://www.techdirt.com/articles/20090823/1538545965.shtml">entire books</a> have been written about.  For years, the key term was always around "piracy."  It was all about stopping pirates and dealing with piracy.  But, some have noticed a gradual shift in the language, away from piracy.  In fact, much of the debate around COICA has focused on "rogue" sites rather than "pirate" sites.  <a href="https://twitter.com/#!/Copycense" target="_blank">Copycense</a> and <a href="https://twitter.com/#!/glynmoody" target="_blank">Glyn Moody</a> recently had an interesting Twitter discussion on the topic, as seen below:
<center>
<iframe src="http://bettween.com:80/conversations/embed?user1=@copycense&#038;user2=@glynmoody&#038;date1=Apr-06-2011&#038;date2=undefined&#038;order=desc&#038;mainBackgroundColor=30728d&#038;headerFooterColor=ffffff&#038;borderColor=e2e2e2&#038;tweetColor=333333&#038;tweetBackgroundColor=ffffff&#038;tweetDetailColor=999999&#038;detailColor=333333&#038;detailBackgroundColor=ffffff&#038;fontSize=11&#038;width=250&#038;height=189" frameborder="0" framespacing="0" scrolling="no" height="300" width="250" border="0">
</iframe>
</center>
Part of the discussion centers around whether or not this allows for greater conflation of copyright infringement with other types of infringement, such as patents and trademark/counterfeiting.  That certainly sounds reasonable to me, though, I also wonder if part of it is the realization that condemning people as "pirates" just isn't effective any more.  Part of it is that people have realized how ridiculous it is to compare non-commercial, personal file sharing to "piracy," and part of it may be the overall embrace by some of the term (e.g., "The Pirate Party").  Perhaps, for all the attempts to use the negative word "piracy" as part of the failed education campaign aspect, the industry is realizing it's time to move on.
<br /><br />
Of course "rogue sites" seems like an odd choice as well.  Is it really accurate or appropriate?  The definition of "rogue sites," seems to depend very much on who's talking.  I guess that's part of the beauty of it.  It allows folks in the entertainment industry, for example, to label any site they don't like, or which represents a challenge to them, business model-wise, as being "rogue."  It's "rogue" as in that it doesn't fit with the way the industry wants to do business.
<br /><br />
And, yet, historically, if we look at some of the most innovative businesses in the world, they started off as being "rogue," as in going in a different direction and going "off-the-farm" with some crazy ideas.  For example, a little industry known as "the movie industry," started out in very much this manner, running out to Hollywood where it could grow without having to deal with Edison and his aggressive patent enforcement attempts.  Perhaps "rogue" isn't such a bad thing.. and maybe we should be embracing rogue sites and services, in that they seem to be driving innovation forward in useful ways.<br /><br /><a href="http://www.techdirt.com/articles/20110408/15515213833/is-it-time-to-form-rogue-party-instead-pirate-party.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110408/15515213833/is-it-time-to-form-rogue-party-instead-pirate-party.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110408/15515213833/is-it-time-to-form-rogue-party-instead-pirate-party.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>what's-rogue?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110408/15515213833</wfw:commentRss>
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<item>
<pubDate>Fri, 8 Apr 2011 08:19:53 PDT</pubDate>
<title>MPAA: Real Patriots Don't Share</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20110407/06461813815/mpaa-real-patriots-dont-share.shtml</link>
<guid>http://www.techdirt.com/articles/20110407/06461813815/mpaa-real-patriots-dont-share.shtml</guid>
<description><![CDATA[ <p>There has been a war of language and thought going on in the copyright debate <a href="http://www.techdirt.com/articles/20090823/1538545965.shtml">for years</a>.&nbsp; People think in language just as they speak in language, which is why content industry groups have gone to such lengths to pervert nuanced legal language into stacatto and misleading buzzwords crafted purely for public consumption.&nbsp; This language war is the reason why when I Google the word &quot;piracy&quot;, the first page gives me the Wikipedia article for the <em>war act</em> of piracy and then in the news items I get a story about lawmakers wondering if search engines contribute to piracy.</p><p>Well, the MPAA, never shy to jump on the hyperbole train, is doing its best to make the debate about patriotism, rather than the actual issues, by <a href="http://www.deadline.com/2011/04/mpaa-movie-piracy-bad-for-america/">cloaking itself in the American flag</a>.&nbsp; Michael O'Leary, Vice President of the MPAA, spoke at a hearing with the House Judiciary Committee's Intellectual Property, Competition, and Internet Sub-Comittee (say that three times fast).&nbsp; Look at the whole quote first:</p><blockquote><i><p>&quot;The key foundation of American industry, the expectation that hard work and innovation is rewarded,&nbsp; is imperiled when thieves, whether online or on the street, are allowed to steal America's creative products and enrich themselves along the way.&nbsp; Rampant theft of American intellectual property puts the livelihoods of the workers who invest time, energy and fortune to create the filmed entertainment enjoyed by millions at risk; to these men and women and their families, digital theft means declining incomes, lost jobs and reduced health and retirement benefits. We believe that rogue sites legislation, combined with the Administration's work with intermediaries and enforcement by the IPR Center, will go a long way towards shutting down the unauthorized distribution of copyrighted works and close a gap in the intellectual property law.&quot;</p></i></blockquote><p>Three sentences with so much intellectual dishonesty, subtle word games, and nationalism wrapped up in a tidy knot that it's sickening.&nbsp; First, to get it out of the way, note the word games being played through the legally incorrect use of the words &quot;thieves&quot;, &quot;steal&quot;, and &quot;digital theft&quot;.&nbsp; This is the game they play with words and thought.</p><p>But more prominent is the plea for American nationalism in his words.&nbsp; Like so much bad policy before it, COICA legislation (which has been dutifully renamed &quot;rogue sites legislation&quot; by O'Leary, as the word games continue) is being wrapped by supporters in the flag.&nbsp; We've seen this movie before and we know how it works.&nbsp; The Patriot Act was wrapped in the American flag (more word games) because if the time spent saying, &quot;This here bill is good for 'Merica&quot; was spent actually explaining to people what it was, the public outcry would be heard loud and clear.&nbsp; It's the same with COICA, as the MPAA subtlely informs us that taking down &quot;rogue&quot; sites without <a href="http://www.techdirt.com/articles/20110314/01204913484/more-reasons-why-homeland-security-seizing-domain-names-is-unconstitutional.shtml">true due process</a>&nbsp;is somehow as American as Superman and apple pie (pay no attention to the <a href="http://www.techdirt.com/articles/20110220/17533013176/ice-finally-admits-it-totally-screwed-up-next-time-perhaps-itll-try-due-process.shtml">innocents caught in the crossfire</a>).</p><p>But as long as O'Leary wants us to pledge allegiance to flag of the Motion Picture Association of America, I have a couple of questions.&nbsp; Is <a href="http://www.techdirt.com/articles/20110330/04125313696/mpaa-praises-government-censorship-lack-due-process.shtml">applauding government censorship</a> American?&nbsp; Is it American to <a href="http://www.techdirt.com/articles/20101213/23520512263/mpaa-pharma-demanding-us-push-other-countries-to-have-significantly-more-draconian-ip-laws-than-us.shtml">push around our fellow nations</a> of the world to adopt laws simply because our industry wants them to?&nbsp; Does the land of the free and the home of the brave <em>really</em> mean tucking your tail between your legs and <a href="http://www.techdirt.com/articles/20101112/18222611836/hollywood-s-strategy-for-the-future-pretending-the-government-can-save-them.shtml">running to daddy government</a> because you don't know how to maximize your profit margins in the digital world?</p><p>I'll tell you what, O'Leary: I'll start taking lessons in patriotism from the MPAA about the same time I accept an invitation to the Ku Klux Klan's symposium on racial tolerance...&nbsp;</p><br /><br /><a href="http://www.techdirt.com/articles/20110407/06461813815/mpaa-real-patriots-dont-share.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110407/06461813815/mpaa-real-patriots-dont-share.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110407/06461813815/mpaa-real-patriots-dont-share.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nationalism-as-a-business-model?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110407/06461813815</wfw:commentRss>
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<item>
<pubDate>Thu, 7 Apr 2011 09:28:57 PDT</pubDate>
<title>Is Tethering Stealing Bandwidth?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml</guid>
<description><![CDATA[ <a href="http://www.dslreports.com/shownews/ZDNet-Unofficial-Tethering-Is-Stealing-113551" target="_blank">Broadband Reports</a> points us to the latest in silly arguments over non-existent "theft."  This time it's about whether or not tethering your smartphone and using it as a hotspot or as a broadband connection for your computer/laptop is "theft of service."  Two ZDNet bloggers go at it, with James Kendrick insisting that <a href="http://www.zdnet.com/blog/mobile-news/the-truth-about-tethering-pay-up-or-you-are-a-thief/1749" target="_blank">it's "theft of service,"</a> and no arguments to the contrary will persuade him.  Steven J. Vaughan-Nichols points out that <a href="http://www.zdnet.com/blog/networking/tethering-thief-nonsense/914" target="_blank">this is complete "nonsense."</a>  In the interest of full disclosure, I'll point out that I <i>do</i> pay for the right to tether my mobile phone, even though I agree with Vaughan-Nichols and think Kendrick is wrong here.
<br /><br />
If a bandwidth provider is selling you bandwidth at a particular rate, it's none of that provider's business what you then do with the bandwidth.  Claiming that only certain devices can use it is silly.  We had this back in the early days of WiFi when some ISPs insisted it was a terms of service violation to use WiFi or (in some cases) any router that allowed more than one computer to use the bandwidth.  However, as more and more people just started doing it anyway, the ISPs all realized they were fighting a silly battle (and moved on to the next silly battle: "net neutrality.")  
<br /><br />
But, really, the ridiculous claim is Kendrick's insistence on calling people who do this "thieves," even though they're paying customers who are paying for the bandwidth they use.  Vaughan-Nichols properly points out that, at <i>worst</i>, it's a terms of service violation that has absolutely nothing to do with "theft."  He also points out that he's paying for the bandwidth:
<blockquote><i>
I don't see why it matters if I use gigabytes of data on my phone or on my phone and laptop. At the end of the day, I still pay for it.
<br /><br />
To me a data service is lot like my water line. I pay for what I use. Now I can drink that water, use it on my phone; wash clothes with it, use it on my PC; or shower with it, use it on my iPod Touch. Whatever. When all is said and done, I've still paid for the water or service and I've not stolen anything.
<br /><br />
No, the real problem here isn't users. It's the carriers who charge us extra for the 'privilege' of deciding how we're going to use the data/water we receive from them.
</i></blockquote>
Kendrick's response appears to be to just keep repeating that it's "theft of service," but can't back that up by explaining <i>what's missing</i>.  That's because nothing is missing.  It's not theft of service in any way, shape or form, and it does Kendrick a disservice to his usually excellent analysis to beat this particularly misguided drum.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110406/02284013797/is-tethering-stealing-bandwidth.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hell-no</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110406/02284013797</wfw:commentRss>
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<item>
<pubDate>Tue, 29 Mar 2011 04:56:08 PDT</pubDate>
<title>The Great Language Landgrab... A Result Of Misunderstanding Trademark Law</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110328/03245613652/great-language-landgrab-result-misunderstanding-trademark-law.shtml</link>
<guid>http://www.techdirt.com/articles/20110328/03245613652/great-language-landgrab-result-misunderstanding-trademark-law.shtml</guid>
<description><![CDATA[ We've covered the ongoing legal fight over who can use the phrase <a href="http://www.techdirt.com/articles/20110321/16343113574/apple-sues-amazon-over-app-store-name.shtml">"app store"</a> to describe their store for apps, and the NY Times is highlighting how there's a <a href="http://www.nytimes.com/2011/03/27/weekinreview/27zimmer.html" target="_blank">"great language landgrab"</a> concerning this and other similar legal battles.  But the real issue is that this is simply an abuse of trademark law -- an abuse brought on by a few decades of people falsely telling the world that concepts and words can be "owned."  Trademark law, of course, was never supposed to be about "ownership."  It was always designed as a consumer protection statute, to avoid consumer confusion.  It's only in the last few decades, as lawyers worked hard to expand the definition and coverage of trademark law... and to lump it in with copyright and patents by calling it "intellectual property," that this idea of "ownership" became more common place.  And, once people think they can own such things, it's inevitable that they try to expand what they can "own" via this tool.  When it comes to trademarks, the USPTO should have put an end to this early on by simply barring any registered trademarks on obviously descriptive terms like "app store" or simple prefixes and suffixes like "book" for "Facebook."  Instead, we're left in a situation where we see regular lawsuits from companies who are simply trying to cause trouble for other companies, in a way that has nothing to do with preventing consumer confusion.<br /><br /><a href="http://www.techdirt.com/articles/20110328/03245613652/great-language-landgrab-result-misunderstanding-trademark-law.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110328/03245613652/great-language-landgrab-result-misunderstanding-trademark-law.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110328/03245613652/great-language-landgrab-result-misunderstanding-trademark-law.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>descriptive-uses</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110328/03245613652</wfw:commentRss>
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<pubDate>Tue, 23 Nov 2010 05:22:46 PST</pubDate>
<title>Just Calling Something Property, Doesn't Make It Property</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101122/01504611959/just-calling-something-property-doesnt-make-it-property.shtml</link>
<guid>http://www.techdirt.com/articles/20101122/01504611959/just-calling-something-property-doesnt-make-it-property.shtml</guid>
<description><![CDATA[ For years, we've pointed out how rather insidious it is to refer to copyright and patents as "property," as it leads to those who support traditional property rights to default to supporting these government-granted monopoly privileges as if they were property.  Stewart Baker, over at the Volokh Conspiracy, does a nice job <a href="http://volokh.com/2010/11/20/girl-talk-and-intellectual-property/" target="_blank">suggesting that some folks' brains seem to shut off once they see something called "property,"</a> even when it has little that makes it "property."  He's specifically addressing conservatives and libertarians, but on this debate, I think the traditional labels don't really apply.  I've seen liberal/progressives argue on exactly the same lines.  For better or for worse, copyright/patent debates don't seem to fall along traditional political lines.  Considering that most of the American political spectrum (despite what you might hear...) does believe in basic property rights, calling copyright "property" gets lots of people to agree that it must be important to support, without having them think through the details:
<blockquote><i>
    Viewed up close,   copyright bears little resemblance to the kinds of property that   conservatives value. Instead, it looks like a constantly expanding   government program run for the benefit of a noisy, well-organized interest   group -- like Superfund, say, or dairy subsidies, except that the benefits go   not to endangered homeowners or hardworking farmers but to the likes of   Barbra Streisand and Eminem.
<br /><br />
    It looks like Superfund in other ways, too. Copyright is a trial lawyer's dream -- a regulatory program enforced by private lawsuits where the plaintiffs have all the advantages, from injury-free damages awards to liability doctrines that extract damages from anyone who was in the neighborhood when an infringement occurred. ... It's asbestos litigation for the Internet age.
<br /><br />
Conservatives -- and especially libertarians -- seem like a cheap date on this issue.   You'd think libertarians would have been in the forefront of objecting to governmental intrusions into our lives at the behest of a special interest -- let alone the creation of a new class of quasicriminals, defined as more or less everyone who entered high school after 1996, who can be investigated and prosecuted whenever the government or some member of industry decides that they are too troublesome.
</i></blockquote>
Where it gets fun is that Baker points out that you could pull the same trick elsewhere, by calling other non-property things property.  For example, he tries to explain how property rights supporters could be taught to like the TSA's security procedures if we just noticed the "property rights" inherent in the discussion:
<blockquote><i>
Come to think of it, maybe I can persuade readers here that TSA's new enhanced security measures are just fine -- as long as we enforce the rules by giving all the passengers on the plane a "property" right not to travel with people who refuse body imaging and enhanced patdowns.  Instead of relying on oppressive government regulation, we&rsquo;d just let the passengers collect millions in "statutory damages" from noncompliant travelers.
</i></blockquote>
And that's kind of the point. You can create all kinds of fake "property rights," if you want to distract from what's actually going on.  But it doesn't make the underlying issue property.<br /><br /><a href="http://www.techdirt.com/articles/20101122/01504611959/just-calling-something-property-doesnt-make-it-property.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101122/01504611959/just-calling-something-property-doesnt-make-it-property.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101122/01504611959/just-calling-something-property-doesnt-make-it-property.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-points</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101122/01504611959</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 14 Oct 2010 23:11:25 PDT</pubDate>
<title>If Even The Best Legal Minds Don't Read Boilerplate Contracts... Why Are They Considered Binding?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml</link>
<guid>http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml</guid>
<description><![CDATA[ <a href="http://twitter.com/InternetLaw/statuses/26100145579" target="_blank">Michael Scott</a> points us to a discussion noting that famed circuit court judge Richard Posner has admitted that <a href="http://abovethelaw.com/2010/06/do-lawyers-actaully-read-boilerplate-contracts-judge-richard-posner-doesnt-do-you/" target="_blank">when he recently took out a mortgage, he didn't bother reading the legal language</a>, which leads to stories of many other lawyers admitting they don't bother reading the legal language of many of the things they sign.  And yet... those things are still considered binding.  I think most people realize that the language of such things will almost never actually matter, but of course, when it does matter, it <i>really</i> does matter.  And, of course, that leads to a general question: why do we even bother with all this ridiculous legal language if no one's <i>really</i> agreeing to it?<br /><br /><a href="http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-wondering</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101001/14083711252</wfw:commentRss>
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<item>
<pubDate>Tue, 14 Sep 2010 08:47:03 PDT</pubDate>
<title>Why It's Important Not To Call Copyright Infringement Theft</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100913/22513210998.shtml</link>
<guid>http://www.techdirt.com/articles/20100913/22513210998.shtml</guid>
<description><![CDATA[ A bunch of folks on all sides of the copyright debate have been submitting the recent post from the blog Copyhype (by a recent law school grad named Terry Hart) about the whole <a href="http://www.copyhype.com/2010/09/is-copyright-infringement-theft/" target="_blank">"infringement vs. theft" debate</a> in terms of what to call it when someone's copyright is infringed.  Hart is very careful and specific, but in the end tends to lean towards it being perfectly acceptable in many instances to refer to infringement as theft:
<blockquote><i>
It's technically correct that "copyright infringement" and "theft" have distinct legal meanings, but so what? The idea that the legal distinction between the two terms forecloses any colloquial comparison is invalid. "Theft" in the legal sense has always meant something far narrower than "theft" in the everyday sense. In early English common law, for example, the crime of theft only included the taking of another's property by force or by stealth. It didn't include the taking of property by deception or trick, and it also didn't include the taking of property by someone in whom the property was entrusted. While today we would have no problem saying a delivery truck driver engaged in "theft" if he kept a package instead of delivering it, earlier courts had to jump through several hoops before reaching the same conclusion.
</i></blockquote>
He goes on to knock those who quote the Supreme Court opinion in <a href="http://scholar.google.com/scholar_case?case=3901205964610715556" target="_blank">Dowling v. US</a>, where Justice Blackmun makes it clear that infringement and theft are two different things.  Hart claims that people who quote Dowling are quoting Blackmun out of context, while also noting Justice Breyer's concurring opinion in the Grokster case that says "deliberate unlawful copying is no less an unlawful taking of property than garden-variety theft."
<br /><br />
His overall argument, however, is that there's nothing wrong with calling copyright infringement theft, because beyond the legal definition, it accurately shows how people feel about having works infringed, and that's useful to the debate on these issues:
<blockquote><i>
The debate over the labels we give to copyright is interesting in an academic sense but largely meaningless in the real world. Creators often use words like "theft" to reflect how they feel about acts of infringement. Shifting the focus from the colloquial meaning of the word to the legal meaning accomplishes little more than arguing for the sake of argument, while misusing language from case law only forecloses a fuller understanding of the law.
</i></blockquote>
I agree, in part, but mostly disagree with Hart's conclusion here.  I agree that arguing back and forth over which Supreme Court justice said what is somewhat meaningless.  However, I disagree strongly that this becomes argument for the sake of argument.  Whether we are speaking <i>legally</i> or <i>economically</i> or about the <i>impact</i> on any individual or organization, "theft" and "infringement" are two separate and different things.  This is important.  If you are seeking to understand what is happening and how to respond to it, calling it "theft" immediately shuts the door on a variety of important points.  It closes off a path to understanding both what's happening and how one might best deal with it.  I find that incredibly dangerous from the perspective of a content creator.  Calling infringement theft or not isn't just a semantic argument from people who like to argue.  It's about actually understanding what's going on, and that's simply not possible when you put up a wall to understanding.
<br /><br />
So, yes, arguing over what justice said what in which Supreme Court ruling may not enlighten anyone, but looking at the actual details of what's going on, and making sure that you do not falsely lump two very different concepts into one in such a way as to preclude actual understanding, is no mere semantic argument.  It's about actually understanding the issues in a way that can move people forward.  Calling it theft is wrong.  And not because some Supreme Court justice said so, but because it's wrong at an absolute level.  You can call an apple and orange because of how it makes you feel, but that doesn't make it correct, and hinders your ability to understand the differences between apples and oranges.<br /><br /><a href="http://www.techdirt.com/articles/20100913/22513210998.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100913/22513210998.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100913/22513210998.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it-goes-beyond-semantics:-it's-about-understanding</slash:department>
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<pubDate>Fri, 4 Dec 2009 19:39:00 PST</pubDate>
<title>The Language Of 'Piracy' As A Spectacle</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091203/2347377193.shtml</link>
<guid>http://www.techdirt.com/articles/20091203/2347377193.shtml</guid>
<description><![CDATA[ I've discussed in the past why I'm not thrilled about the use of the word "piracy," even as it has become rather standard for describing unauthorized file sharing.  It's inaccurate, and is used by the entertainment industry to paint a picture of pure evil, where a more nuanced and accurate view might help.  At the same time, with the rise of "The Pirate Party" in various countries, a group of folks have tried to take the word back -- but I still wonder if the name <a href="http://www.techdirt.com/articles/20090831/1941206062.shtml">limits</a> the party's upside, even as it may have enabled some of the initial attention (and vote-getting ability).
<br /><br />
That said, <a href="http://twitter.com/nancybaym/statuses/6273061228" target="_blank">Nancy Baym</a> points us to an <a href="http://gabriellacoleman.org/blog/?p=1855" target="_blank">interesting analysis of piracy in the context of "language of spectacle"</a>, by Gabriella Coleman, and how that can help drive political messages and involvement:
<blockquote><i>
But what keeps me interested in the politics of piracy is how it can speak the language of spectacle, which can be a powerful tactic and technique for broadcasting a political message. Here I'm just paraphrasing and cribbing the <a href="http://www.dreampolitik.com/" target="_blank">work of Stephen Duncombe, who has argued</a>, I think quite persuasively, that we cannot rely solely on reasoned debate for building political programs. Duncombe does not argue that we must toss out rationality and truth seeking (these are absolutely necessary) but notes how on their own or if not clothed in some other cloak, they may not be enough to convey and compel, especially in this day of total media saturation. Or to put a but more poetically by him "Reality needs fantasy to render it desirable, just as fantasy needs reality to make it believable."
<br /><br />
Much (though not all) of contemporary digital piracy follows the logic of spectacle. It builds and conveys a fantastical drama of right and wrong, of new possibilities, of freedom from the noose of the law; it signals and speaks to the thrill and fun in twisting, even breaking, existing structures and constraints; and provides a window into another way of acting/behaving. In many cases what it provides is a commons (and I will be exploring it in depth in my class next semester on the commons) and many folks, I imagine, turn to piracy simply for the free stuff, and a number of them come out of the other side transformed into copy fighters willing to engage in a politics beyond sharing stuff and waving the pirate flag.
</i></blockquote>
It's an interesting thought, and it gets me thinking.  Folks like Bill Patry make compelling arguments that the use of moral panics and folk devils with words like "piracy" distort the debate in negative ways, but Coleman suggests that by embracing that term, people may be able to build a stronger case on this particular issue.  Which seems more compelling?  Or is it a combination of both?<br /><br /><a href="http://www.techdirt.com/articles/20091203/2347377193.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091203/2347377193.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091203/2347377193.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>is-this-useful-or-not?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091203/2347377193</wfw:commentRss>
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<pubDate>Thu, 29 Oct 2009 09:09:00 PDT</pubDate>
<title>Grammar Nazis: Useful Language Experts, Or Elitist Snobs?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091027/0311206690.shtml</link>
<guid>http://www.techdirt.com/articles/20091027/0311206690.shtml</guid>
<description><![CDATA[ I know that my grammar is not ideal, though I really do strive to get the basics right.  There are times, however, when I feel that the strict "rules" that are put forth by grammar go too far.  If the text makes the point in a way that people can understand, what is the problem?  On top of that, there's the utter snobbishness with which some (no, not all!) grammar aficionados put down anyone who makes a silly mistake.  I have no problem with someone letting me know about a typo or a grammatical problem in a friendly and useful manner -- but all too often the message is delivered in the tone suggesting that making such an elementary grammatical error suggests that I obviously never made it out of the second grade.  So I'm glad to see an English professor taking on the grammar nazis.
<br /><br />
Salon is running <a href="http://www.salon.com/books/review/2009/10/25/lexicographers_dilemma/index.html?source=rss&#038;aim=/books/review" target="_blank">a review of a new book by English professor Jack Lynch</a>, called <a href="http://www.walkerbooks.com/books/catalog.php?key=848" target="_blank"><i>The Lexicographer's Dilemma</i></a>, which argues that grammar nazis should chill out.  Grammar rules are mostly to make people feel elite, not to make them any clearer, according to the book.  Again, I have no problem with basic grammar rules for the sake of clarity, but focusing too much on the rules over the clarity is a mistake, and it's nice to see at least some "experts" agreeing.<br /><br /><a href="http://www.techdirt.com/articles/20091027/0311206690.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091027/0311206690.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091027/0311206690.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-this-ought-to-be-fun</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091027/0311206690</wfw:commentRss>
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<pubDate>Fri, 25 Sep 2009 11:45:26 PDT</pubDate>
<title>Music Industry Copies Language Of Copyright Reformers In Pushing For Three Strikes</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090925/0811426323.shtml</link>
<guid>http://www.techdirt.com/articles/20090925/0811426323.shtml</guid>
<description><![CDATA[ It's really funny to watch the entertainment industry lobbyists use a popular trick among disingenuous debaters: it tries to flip the arguments being used towards themselves against their opponents.  For example, we've seen copyright maximalists argue against those of us who question the need for gov't intervention in issues like copyright claim that <i>copyright</i> represents a true free market, and weakening copyright law is somehow <a href="http://www.techdirt.com/articles/20070911/021531.shtml">unfair gov't meddling</a> in the free market.  The latest trick is particularly neat.  Plenty of people argue that all of the attempted changes that the entertainment industry has been pushing for around the world are unnecessary attempts by this industry to prop up an obsolete business model.  Would you believe that the entertainment industry is now using the same language in favor of its proposals?
<br /><br />
Indeed.  As lots of people are pushing back on dangerous plans to "kick people off the internet," ISPs have pointed out <a href="http://www.techdirt.com/articles/20090922/1357376284.shtml">how costly</a> such a three strikes policy would be for ISPs who are suddenly drafted to be copyright police.  In response, the head of BPI, the major UK music lobbyist group, responded by charging that <a href="http://www.guardian.co.uk/business/2009/sep/24/lily-allen-filesharing-twitter" target="_new">ISPs were relying on an obsolete business model</a>.  Seriously:
<blockquote><i>
"BT is clinging on to an old business model which is supported by illegal downloading. That's not only unfair to artists and creators, but penalises BT's many customers who use the internet legally,"
</i></blockquote>
This implies -- incorrectly -- that file sharing is somehow a massive boon to ISPs.  The very same ISPs who keep claiming they need to use traffic shaping to prevent any network from being overloaded by file sharing.  It's pretty ridiculous to claim that ISPs are relying on file sharing as any sort of business model at all.  A huge percentage of people have internet access, not because of file sharing, but because these days it's hard to get through life without an internet connection.  Suggesting that they make their money because of file sharing is patently ridiculous.  It's the sort of thing that a reporter should push back on, when an industry rep spews such nonsense.<br /><br /><a href="http://www.techdirt.com/articles/20090925/0811426323.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090925/0811426323.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090925/0811426323.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-come-on</slash:department>
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<pubDate>Mon, 17 Aug 2009 08:37:00 PDT</pubDate>
<title>Can There Be A Fair File Sharing Trial When The Language Is All Biased?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090816/2244055890.shtml</link>
<guid>http://www.techdirt.com/articles/20090816/2244055890.shtml</guid>
<description><![CDATA[ In the past, we've discussed the various problems with the language choices by the entertainment industry in discussing file sharing.  Terms like "intellectual property," "piracy," "theft" and even its descriptions of "losses" are all misleading and biased.  This, in fact, is a key point in William Patry's upcoming book -- where he looks at how the language has been co-opted by the industry to pre-bias the casual observer (including journalists and politicians).  Ben Jones is wondering <a href="http://torrentfreak.com/is-a-fair-p2p-trial-even-possible-part-2-090812/" target="_new">if there can even be a "fair trial" for file sharers</a> given this widespread use of biased language.  It's a decent question, and goes back to an earlier point we raised about why the jury verdicts in the recent file sharing trials were <a href="http://www.techdirt.com/articles/20090807/0207275797.shtml">hardly</a> a good barometer on the public's understanding of copyright issues.  When the industry has been so successful in choosing language that so clearly biases the casual observer (and is then able to exclude anyone who is actually knowledgeable about the subject from the jury), it shouldn't be any surprise at all that rulings will tend towards those who have been able to define the terms.<br /><br /><a href="http://www.techdirt.com/articles/20090816/2244055890.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090816/2244055890.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090816/2244055890.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>questions-questions-questions</slash:department>
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