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<title>Techdirt. Stories filed under &quot;protection&quot;</title>
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<pubDate>Wed, 3 Apr 2013 10:00:31 PDT</pubDate>
<title>Author Claims That If Apple And Microsoft Started Today They'd Fail Without Stronger Patent Protection</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130401/01463022521/author-claims-that-if-apple-microsoft-started-today-theyd-fail-without-stronger-patent-protection.shtml</link>
<guid>http://www.techdirt.com/articles/20130401/01463022521/author-claims-that-if-apple-microsoft-started-today-theyd-fail-without-stronger-patent-protection.shtml</guid>
<description><![CDATA[ The NY Times has a slightly odd op-ed piece, written by Eamonn Fingleton, author of a book about how China is going to dominate the US economically.  That may absolutely be true, but this oped tries to bend over backwards to prove that China will be more innovative than the US... and <a href="http://www.nytimes.com/2013/03/31/sunday-review/america-the-innovative.html?pagewanted=all" target="_blank">uses patents as a proxy</a>:
<blockquote><i>
Meanwhile the evidence of international patent filings is looking increasingly ominous. According to data compiled by the World Intellectual Property Organization, the world&#8217;s single most prolific filer of international patents as of 2011 was ZTE, a Chinese telecommunications corporation. Its filings were up an astounding fivefold from 2009. Another Chinese corporation, Huawei, moved up to third in the 2011 league table. The only United States corporation to make the Top 10 was Qualcomm. 
</i></blockquote>
First of all, the number of patents filed is meaningless.  You can file a ton of patents and it means absolutely nothing concerning innovation.  First off, applications are different from granted patents.  Second, and more importantly, patents show <a href="http://www.techdirt.com/articles/20070108/162044.shtml">no relation to innovation</a>.  Third, when it comes to Chinese patents, the Chinese realized long ago that patents are merely a tool for protectionist tariff-like policies that can be enacted with less scrutiny or trade war issues and have <a href="http://www.techdirt.com/articles/20110102/15230512491/chinas-patent-strategy-isnt-about-innovation-its-economic-weapon-against-foreign-companies.shtml">acted accordingly</a>.  Basically, nothing in the paragraph above actually supports Fingleton's argument.
<br /><br />
But, then it gets much, much worse.  He claims that the US somehow has a weaker patent system today than in the past (it doesn't) and then quotes another author claiming that Apple and Microsoft relied on strong patents to survive when they started out:
<blockquote><i>
 All this is the more troubling because United States patent law has now been drastically weakened. Congress has made it much harder for small American inventors to protect their intellectual property from infringement and theft.
<br /><br />
Pat Choate, the author of &#8220;Hot Property,&#8221; a book on the theft of intellectual property, maintains that if the new patent regimen had existed when corporations like Apple and Microsoft first got going, they might never have made it out of the little leagues. Their patents would have been quickly infringed by predatory larger corporations, and rather than engage in unequal litigation battles against deep-pocketed and ruthless opponents, they could have felt forced to share their technology on concessionary terms.
</i></blockquote>
Almost nothing in what's said above has any resemblance in the truth.  The patent system hasn't been "drastically weakened" at all.  Congress made some slight modifications to the patent system, which do nothing to make it harder for "small inventors to protect their intellectual property from infringement and theft."
<br /><br />
As for the claims made by Pat Choate, I'm just left shaking my head.  First of all, both of Apple and Microsoft's key success stories came from <i>copying the works of other, larger companies</i> when those companies failed to recognize what they had on their hands, and more or less <i>let</i> the upstarts take those ideas and run with them.  Also, in both cases, other, larger companies did come in and try to copy them, and weren't that successful.  Also, more importantly, neither company aggressively relied on patents to protect its works.  Bill Gates famousely said the following about patents:
<blockquote><i>
If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today. I feel certain that some large company will patent some obvious thing related to interface, object orientation, algorithm, application extension or other crucial technique. If we assume this company has no need of any of our patents then the have a 17-year right to take as much of our profits as they want.
</i></blockquote>
Not exactly an example of Microsoft using patents to protect itself, but rather quite the opposite.  Apple, in the meantime, relied heavily on ideas from Xerox and SRI in making its early computers -- some of which it licensed, and some of which it did not.  However, much of the work was not heavily patented and while Apple received some early patents, it did little to enforce those patents to stop copycats (its most famous lawsuit, against Microsoft for copying the Windows interface, focused on copyright... and it failed, anyway).
<br /><br />
You could easily argue that if Microsoft and Apple were started today they would absolutely be harmed by today's patent system, but not in the way that Choate or Fingleton suggest.  Rather, they would be sued by trolls over and over and over again, meaning they'd be wasting money fighting lawsuits, and possibly wouldn't be able to survive that.  What they needed to survive was an era in which patent enforcement was <b>not</b> common and especially one where patents were considered inapplicable to software.
<br /><br />
Microsoft and Apple became massive success stories in part because of the <i>weakness</i> of the patent system in their era, because patents don't help innovation, they put a tollbooth on it.  This article certainly puts a huge question mark over the quality of both Choate and Fingleton's work, as it shows little actual knowledge of the subject they're discussing.<br /><br /><a href="http://www.techdirt.com/articles/20130401/01463022521/author-claims-that-if-apple-microsoft-started-today-theyd-fail-without-stronger-patent-protection.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130401/01463022521/author-claims-that-if-apple-microsoft-started-today-theyd-fail-without-stronger-patent-protection.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130401/01463022521/author-claims-that-if-apple-microsoft-started-today-theyd-fail-without-stronger-patent-protection.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wtf</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130401/01463022521</wfw:commentRss>
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<pubDate>Thu, 28 Mar 2013 08:54:01 PDT</pubDate>
<title>ICANN's New Trademark 'Clearinghouse' Resembles Mobsters' 'Insurance' Program</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130327/12040122487/icanns-new-trademark-clearinghouse-resembles-mobsters-insurance-program.shtml</link>
<guid>http://www.techdirt.com/articles/20130327/12040122487/icanns-new-trademark-clearinghouse-resembles-mobsters-insurance-program.shtml</guid>
<description><![CDATA[ We've pointed out for years that ICANN's new "top level domains" programs often feel much more like a way to <a href="http://www.techdirt.com/articles/20121116/02455021073/domain-shakedown-companies-warned-about-dangers-unprotected-sx.shtml">shake down</a> trademark holders who feel the need to buy each and every new domain with their trademarked names, just to prevent anyone else from getting them.  Now, ICANN has taken this a step further, streamlining the process by <a href="http://www.itworld.com/it-management/349665/icanns-trademark-clearinghouse-launch-tuesday" target="_blank">launching a "trademark clearinghouse" in which companies can register a trademark</a> and get early access to "buy" all of the new top level domains with their mark before they reach the open market.  Of course, "supporters" are pushing companies to join... and the pitch really does sound like your typical mob shakedown:
<blockquote><i>
The clearinghouse "doesn't necessarily prevent trademark infringement or cybersquatting, but it does help trademark owners and brand owners somewhat in mitigating the damage that might occur," he added. "We've been telling brand owners it's not that expensive to protect themselves and they ought to do it."
</i></blockquote>  
I mean, paying the local mob boss "doesn't necessarily prevent anyone from breaking your windows, but it does help in mitigating the likelihood that damage might occur." And "it's not that expensive to protect yourself, so you ought to do it."<br /><br /><a href="http://www.techdirt.com/articles/20130327/12040122487/icanns-new-trademark-clearinghouse-resembles-mobsters-insurance-program.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130327/12040122487/icanns-new-trademark-clearinghouse-resembles-mobsters-insurance-program.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130327/12040122487/icanns-new-trademark-clearinghouse-resembles-mobsters-insurance-program.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-trademark-you've-got-here,-wouldn't-want-anything-to-happen-to-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130327/12040122487</wfw:commentRss>
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<pubDate>Thu, 20 Dec 2012 20:06:00 PST</pubDate>
<title>Senator Wyden Proposes Bill That Would Protect Users From Bogus Data Caps</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121220/12060521455/senator-wyden-proposes-bill-that-would-protect-users-bogus-data-caps.shtml</link>
<guid>http://www.techdirt.com/articles/20121220/12060521455/senator-wyden-proposes-bill-that-would-protect-users-bogus-data-caps.shtml</guid>
<description><![CDATA[ We've argued for years that broadband data caps are not -- as the industry would have you believe -- about stopping "data hogs" or making sure that people "pay their fair share," but rather about <a href="http://www.techdirt.com/articles/20100723/04083610334.shtml">protecting</a> provider revenue (or, really, secretly increasing fees without "increasing" fees).  A recent study from the New America Foundation has now made it clear that broadband data caps are not at all about dealing with data hogs, but almost entirely <a href="http://www.newamerica.net/publications/policy/capping_the_nation_s_broadband_future" target="_blank">about increasing revenue for the providers</a>.
<blockquote><i>
As this paper documents, data caps, especially on wireline networks, are hardly a necessity. Rather, they are motivated by a desire to further increase revenues from existing subscribers and protect legacy services such as cable television from competing Internet services. Although traffic on U.S. broadband networks is increasing at a steady rate, the costs to provide broadband service are also declining, including the cost of Internet connectivity or IP transit as well as equipment and other operational costs. The result is that broadband is an incredibly profitable business, particularly for cable ISPs. Tiered pricing and data caps have also become a cash cow for the two largest mobile providers, Verizon and AT&#038;T, who already were making impressive margins on their mobile data service before abandoning unlimited plans.
</i></blockquote>
The paper goes on to debunk the usual arguments in favor of broadband caps.  Beyond noting that the cost to providing broadband by the big guys has gone down significantly (while cost to consumers has stayed steady or gone up), they also point out that the "congestion" argument doesn't make sense.  They note that even if there was congestion, a data cap would not be the best way to deal with it.
<blockquote><i>
An analogy to rush hour traffic is useful here. Rush hour delays are generally caused by a spike in simultaneous demand for road access. Local governments often respond to this traffic congestion by instituting carpool lanes during certain hours, or introducing variable peak pricing for tolls, where prices are higher during the traditional workday commute than at other times. Both of these examples are methods to reduce demand during the time it is highest. It would make little sense to try and limit the total miles residents drive in a month as a means to solve rush hour congestion. Such monthly mile limits would needlessly impact residents who drive when the road is empty late at night and do not contribute to traffic congestion. Yet this is logic being employed when instituting monthly data caps.Monthly data caps are a tool that decreases consumption at all hours of the day.  
</i></blockquote>
In fact, the report even points out that Comcast has quietly admitted to the FCC that it's caps have nothing to do with network congestion... even as it has argued in favor of them publicly by using the "congestion" argument.  As we've pointed out over and over again, if you talk to the <i>tech</i> people at broadband companies, they admit that the best way to deal with congestion is to simply <a href="http://www.techdirt.com/articles/20070413/011103.shtml">upgrade capacity</a>, not try to choke off usage.  And this report shows that, rather than do that, telcos have been going in the other direction:
<blockquote><i>
The best way to resolve chronic network congestion in the long term is to invest and expand capacity.  Yet, a review of the publicly available financial document for some of the largest ISPs in the country shows a decline in capital expenditures&#8212;the costs associated with building, upgrading and maintaining a network, such as construction, repairs, and equipment purchases&#8212;for their wireline networks.Many ISPs are spending less money on capital expenditures now, both as a ratio to revenue but also even in raw dollars,than they have in years past.
</i></blockquote>
Given all that, it's great to see that Senator Ron Wyden is <a href="http://www.wyden.senate.gov/news/press-releases/wyden-data-cap-legislation-will-protect-consumers-and-promote-innovation" target="_blank">introducing a new bill to protect consumers against data cap abuse</a>.  One of the many issues we've raised with data caps is that users have <a href="http://www.techdirt.com/articles/20120411/20511618460/stupidity-data-caps-no-one-knows-what-megabyte-is.shtml">no idea</a> how much broadband traffic they use, and related to that, broadband providers are notorious for either not providing meters for usage, or providing ones that just don't work very well (or give you some sort of arbitrary number when you check).  The new bill, the Data Cap Integrity Act, would do two key things:
<ol>
<li>Require tools be available for users to really measure and manage their broadband usage
</li><li>Have the FCC establish standards for ISPs to make sure that they <b>only</b> use data caps to manage network congestion, rather than as a way to "monetize data in ways that undermine innovation."
</li></ol>
The bill literally has a section entitled: "SMART DATA CAPS INSTEAD OF DUMB ONES" which reads:
<blockquote><i>
SMART DATA CAPS INSTEAD OF DUMB ONES.&#8212;The Commission shall evaluate
a data cap proposed by an Internet service provider to determine whether the data
cap functions to reasonably limit network congestion in a manner that does not
unnecessarily discourage use of the Internet.
</i></blockquote>
If we had a real competitive market for broadband, of course, this wouldn't matter.   I'm still hesitant to support legislation telling companies how they can implement a business model.  But, as we've been arguing for <a href="http://www.techdirt.com/articles/20051028/1128249.shtml">many, many years</a>, there isn't real competition in the broadband space for most users, which is what allows broadband providers to get away with crap like using data caps to limit internet usage and increase revenue.  Furthermore, given how much the industry has relied on government subsidies and rights of way, it seems only reasonable to think that some level of requirement to actually, you know, not screw over users, might be appropriate.
<br /><br />
That said, the bill also has the following tidbit, which almost certainly dooms it from the start:
<blockquote><i>
DISCRIMINATION OF CONTENT.&#8212;A covered Internet service provider may not, for purposes of measuring
 data usage or otherwise, provide preferential treatment of data that is based on the source or the content of the data.
</i></blockquote>
That's going to be interpreted as a backdoor attempt to put in place a net neutrality rule, which is more or less guaranteed to freak out the wing of Congress who insists that net neutrality is an attempt to take over the internet.<br /><br /><a href="http://www.techdirt.com/articles/20121220/12060521455/senator-wyden-proposes-bill-that-would-protect-users-bogus-data-caps.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121220/12060521455/senator-wyden-proposes-bill-that-would-protect-users-bogus-data-caps.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121220/12060521455/senator-wyden-proposes-bill-that-would-protect-users-bogus-data-caps.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>would-be-useful</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121220/12060521455</wfw:commentRss>
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<pubDate>Thu, 19 Jul 2012 11:33:00 PDT</pubDate>
<title>Olympics Crack Down On Anyone Mentioning Them Without Paying... As White House Tells Everyone To Set Up Olympics Parties</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120719/03392819758/olympics-crack-down-anyone-mentioning-them-without-paying-as-white-house-tells-everyone-to-set-up-olympics-parties.shtml</link>
<guid>http://www.techdirt.com/articles/20120719/03392819758/olympics-crack-down-anyone-mentioning-them-without-paying-as-white-house-tells-everyone-to-set-up-olympics-parties.shtml</guid>
<description><![CDATA[ We've covered for years how overly aggressive the Olympics are in protecting their "IP" -- to the point that they often get special laws passed that grant them extra IP rights, which they use to block pretty much anyone who hasn't paid from using the word "Olympics" at all, or even having a non-sponsoring brand shown anywhere (yes, even if that means taping over the brand on toilet fixtures in bathrooms around the Olympic grounds).  Hell, we just reported on the Olympics going after a 30-year-old restaurant named <a href="http://www.techdirt.com/articles/20120713/06513919689/us-olympic-committee-forces-30-year-old-philidelphia-gyro-restaraunt-to-change-its-name.shtml">Olympic Gyros</a>.
<br /><br />
So it struck me as somewhat surprising to get an email from the White House, saying that I should <a href="http://www.meetup.com/lets-move" target="_blank">create my own (or join in an existing) "Olympic Fun Day Meetup."</a>
<center>
<a href="http://imgur.com/haaHb"><img src="http://i.imgur.com/haaHb.png" width=560 /></a>
</center>
Of course, as a participating country, I'm sure that the Olympics grants the US government wider leverage in using its name, but if anyone else in the country suggested something as crazy as creating a special "meet up" around the Olympics, how quickly do you think the Olympics would send in the lawyers to demand a takedown?<br /><br /><a href="http://www.techdirt.com/articles/20120719/03392819758/olympics-crack-down-anyone-mentioning-them-without-paying-as-white-house-tells-everyone-to-set-up-olympics-parties.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120719/03392819758/olympics-crack-down-anyone-mentioning-them-without-paying-as-white-house-tells-everyone-to-set-up-olympics-parties.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120719/03392819758/olympics-crack-down-anyone-mentioning-them-without-paying-as-white-house-tells-everyone-to-set-up-olympics-parties.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ip-violations-galore!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120719/03392819758</wfw:commentRss>
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<pubDate>Thu, 19 Jul 2012 05:10:42 PDT</pubDate>
<title>US Olympic Committee Forces 30 Year Old Philidelphia Gyro Restaraunt To Change Its Name</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20120713/06513919689/us-olympic-committee-forces-30-year-old-philidelphia-gyro-restaraunt-to-change-its-name.shtml</link>
<guid>http://www.techdirt.com/articles/20120713/06513919689/us-olympic-committee-forces-30-year-old-philidelphia-gyro-restaraunt-to-change-its-name.shtml</guid>
<description><![CDATA[ Ah, the Olympics. The spirit of cooperation. Of athletic competition. Of the essence of global feel-good-ness, where all the Olympic committees of the world come together to put on a spectacle made of the most brilliant athletes in the world. 
<br /><br />
Oh, and they also like to <a href="http://www.techdirt.com/articles/20120713/12025919694/olympic-level-ridiculousness-you-cant-link-to-olympics-website-if-you-say-something-mean-about-them.shtml">stifle links</a> to critical pieces (do we have your attention, boys?), by banning their fans from <a href="http://www.techdirt.com/articles/20120419/07562718563/london-2012-olympics-win-gold-medal-cluelessness-banning-video-photo-uploads-to-social-media-during-games.shtml">sharing</a> their experiences via social media, and threatening ICANN for <a href="http://www.techdirt.com/articles/20101130/02420512052/olympics-continues-threatening-icann-because-it-wont-block-all-olympics-related-terms.shtml">refusing to block</a> Olympic-related terms. And, now, Steve M shares a story from the Philadelphia Daily News about how the <a href="http://articles.philly.com/2012-07-12/news/32633390_1_usoc-lunch-counter-olympic-sports">United States Olympic Committee has won a 30 year battle</a> they didn't know they were fighting with a gyro shop.
<blockquote>
<i>"Three decades after it burst from the starting block, the Greek eatery Olympic Gyro has received a cease-and-desist email from the USOC, the nonprofit corporation responsible for training and funding U.S. teams. The June 7 notice demanded deletion of the word "Olympic" from the food shop's title, claiming copyright of the word under a 1978 law."</i>
</blockquote>
This legislative insanity, which I assume is entitled "The USOC Can Do Whatever It Wants Because Olympics Act Of 1978", basically grants the USOC sole usership of the word "Olympic" in the United States, amongst other travesties. They issued a heartfelt email in response to this issue:
<blockquote>
<i>"The USOC communications department declined to discuss the matter with the Daily News. But in its email, the organization emphasized the need to "protect the rights of companies who financially support the U.S. Olympic Team," such as McDonald's and Coca-Cola."</i>
</blockquote>
Yup, the USOC asserted that it needs to protect the rights of their sponsors (which means they're protecting themselves, by the way) from these no-good gyro shop owners who have apparently been harming McDonald's and Coca-Cola for the <i>past thirty damned years</i>, but with some kind of stealth cloaking device that keeps any such harm from being realized.
<br /><br />
Oh, and just for fun, let's look at a few names of the governors of the organizations involved in this story. The USOC is headed up by Larry Probst (not Greek). Coca-Cola is run by Muhtar Kent (not Greek). McDonalds' CEO is James Skinner (not Greek). And the gyro stand formely known as Olympic Gyro's owner is Athens Voulgaridis (more than slightly Greek). The irony of this was apparently not lost on Voulgaridis:
<blockquote>
<i>"It's been a part of my life as long as I can remember," Voulgaridis said Tuesday. "We're very Greek Orthodox, we go back [to Greece] often. For them to take something that is Greek and make it theirs for money is frustrating."</i>
</blockquote>
But he also states that he isn't going to fight the government. In total, the name change will cost his business $6000 or so, since he has to change both signage and employee uniforms. He contacted the USOC to see if they would help out with those costs, but they declined, explaining that money is valuable and they didn't want to spend any.
<br /><br />
The same Daily News article also mentions that the USOC went after a knitting group named Ravelry that was organizing something of a knitting olympics competition to coincide with The Games:
<blockquote>
<i>"We believe using the name &lsquo;Ravelympics' for a competition that involves an afghan marathon, scarf hockey and sweater triathlon, among others, tends to denigrate the true nature of the Olympic Games," the letter from USOC said. "In a sense, it is disrespectful to our country's finest athletes and fails to recognize or appreciate their hard work."</i>
</blockquote>
Yes, you read that correctly. Knitting competitions denigrate the true nature of the Olympic Games. Which I happen to agree with, assuming that this "true nature" they're talking about revolves around screwing with people for no good reason.<br /><br /><a href="http://www.techdirt.com/articles/20120713/06513919689/us-olympic-committee-forces-30-year-old-philidelphia-gyro-restaraunt-to-change-its-name.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120713/06513919689/us-olympic-committee-forces-30-year-old-philidelphia-gyro-restaraunt-to-change-its-name.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120713/06513919689/us-olympic-committee-forces-30-year-old-philidelphia-gyro-restaraunt-to-change-its-name.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>its-all-Greek-to-me</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120713/06513919689</wfw:commentRss>
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<pubDate>Fri, 1 Jun 2012 12:27:00 PDT</pubDate>
<title>Dear Ari Emanuel: We're All Meeting On The Internet, Come Join Us</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120601/12063419173/dear-ari-emanuel-were-all-meeting-internet-come-join-us.shtml</link>
<guid>http://www.techdirt.com/articles/20120601/12063419173/dear-ari-emanuel-were-all-meeting-internet-come-join-us.shtml</guid>
<description><![CDATA[ We recently posted about Hollywood super agent Ari Emanuel's <a href="http://www.techdirt.com/articles/20120531/03352019133/hollywood-super-agent-ari-emanuel-mystified-that-google-doesnt-just-invent-magic-stop-piracy-button.shtml">ridiculous demands</a> that Google somehow find the magic "stop piracy" button.  That story is turning into something much more interesting.  The next day, at the same conference, a Google exec, Susan Wojcicki, pointed out the obvious: that <a href="http://allthingsd.com/20120531/googles-susan-wojcicki-responds-to-ari-emanuel-on-copyright-filtering/" target="_blank">Emanuel doesn't know what he's talking about</a> (she used a more diplomatic phrase, noting that he was "misinformed").
<br /><br />
Emanuel has since shot back that <a href="http://allthingsd.com/20120601/ari-to-googlers-lets-hug-it-out-geeks/?mod=tweet" target="_blank">he's not at all misinformed about the need for the geeks in Northern California to solve his problems</a>:
<blockquote><i>
    I am misinformed about a lot &#8212; just ask my wife &#8212; but I&#8217;m not misinformed about this: One of our last remaining dominant American exports is our creativity, no matter how you define it, either as a story or as an algorithm. There is equal genius behind companies like Apple, Facebook, Amazon and Google as there is behind artists who create stories that resonate around the world. We need to protect America&#8217;s intellectual property and Hollywood can&#8217;t do it on its own. I understand that the onus is not entirely Google&#8217;s, but let&#8217;s stop talking at each other and get in a room with all parties to figure this out. To be clear, I don&#8217;t want to rehash SOPA as we can all agree that was a reflection of Southern California&#8217;s arrogance, and let&#8217;s also not pretend that we&#8217;re working together on this issue because we have Youtube channels together. This is a larger conversation. It&#8217;s time for Hollywood, our government and Silicon Valley to step up and collectively resolve this problem. Let me know where and when and I&#8217;ll be there.
<br /><br />
    Ari
</i></blockquote>
The problem, of course, is that his very premise is wrong.  He's taking the position that we need to "protect" first, rather than just fix our business models.  This is a very mercantilist viewpoint: where protectionism beats innovation.  But we've got centuries of economic proof that that's not how you evolve and it's not how you innovate and compete.  What you do is you figure out ways to add value and to embrace new business models.  Any effort that starts from the default position that what we need is more "protection" rather than greater innovation is doomed to fail -- because that innovation is an unstoppable train, and the "protection" aspect doesn't work.  So if you don't focus on the innovation, then <i>someone else will</i>, and you'll have wasted all your time, effort and money on a "solution" that simply drives your business somewhere else.  To the place that has focused on innovation.
<br /><br />
But, even worse, is his arrogance in thinking that this is a problem that requires "Hollywood, our government and Silicon Valley to step up and collectively resolve this problem."  This is the same thing we've been hearing for months out of Chris Dodd and the Hollywood crew: it's time to get back into the backroom and craft "a deal."  That's how they think, but it completely misses the point.  This isn't about crafting a backroom deal, it's about recognizing the power of the internet, and the importance of the internet to people.
<br /><br />
Every time a Chris Dodd or an Ari Emaneuel suggests a backroom deal between Hollywood, Silicon Valley and the government, he leaves out the people who actually matter: all of us, out here, on the internet.
<br /><br />
And, to that point, if he wants to know "where" this larger conversation is happening: it's right here.  On the internet.  It's on news sites and social media sites.  It's on Reddit and Twitter and Facebook.  It's here on Techdirt and lots of other blogs.  We live on the internet and this conversation has been happening for a decade.  Ari and his buddies have always been welcome to join, so it's a bit disingenuous for him to suggest that he'll "be there" when we tell him where "the meeting" is.  It's here.  It's going on all around you and you've always been welcome to join.  But you don't.  And, no, I won't even get into the irony of him demanding a "meeting" when Hollywood did absolutely everything to keep the rest of the world <i>out</i> of the backroom meetings that led to SOPA.
<br /><br />
Joshua Topolsky, the editor in chief of <i>The Verge</i> -- who challenged Emanuel, and was rudely told to "go sit down" and had Emanuel ask "where do you work?" -- has written his own response, in which he tells Emanuel <a href="http://www.theverge.com/2012/6/1/3057275/ari-emanuel-this-is-where-i-work" target="_blank">he works on the internet</a>:
<blockquote><i>
What Ari seems to forget, and what maybe politicians and the film and TV industry seem to forget is the last time piracy was a flashpoint between the entertainment and tech industries, the problem was not solved by sledgehammer legislation. Or takedowns. Or yelling. It was solved by the music industry accepting that their old model was broken, and technologists figuring out a new way to do business. And that gets to the core of this problem for Ari. We didn't go back to the way things were after the RIAA sued college students &#8212; the industry changed.
<br /><br />
He doesn't want to change his business model, and he will do anything he can to protect it &#8212; including altering the basic functionality of the internet. Pirating and Apple's resulting rise in the music business changed that business forever... and diminished its financial footprint. Entrenched companies that owned every part of the food chain suddenly discovered they were just another cog in a big wheel.
<br /><br />
Ari doesn't want that anymore than the music industry wanted it, or traditional media wanted it. Ned Ludd and his machine wreckers didn't like change either.
<br /><br />
But there is one simple truth that I really believe in, in life or in business: adapt or die.
<br /><br />
You want to know where I work Ari? I work on the internet. Welcome aboard.
</i></blockquote>
I'd argue it goes even further than that.  We don't just work on the internet.  We live and breathe the internet.  It is our identity.  Emanuel looks at the internet, and he doesn't get it.  To him, it's just a version of television that doesn't pay as well, so that's not interesting.  In his talk, he repeatedly demanded a business model that pays as well as TV.  <i>That's not how this works</i>.  Disruptive innovation doesn't wait until you go back and provide the legacy players with a business model that pays just as well as the old business model.  That's not disruption.  Disruption works because the legacy players are too shortsighted to see the trend lines, and so infatuated with their fat profits that they don't recognize the potential of the new mediums, and only seek to regulate against them becoming too pesky.  The train companies pushed for legislation requiring all automobiles be preceded by a person walking on the road waving red flags.
<br /><br />
Emanuel is asking for everyone to come up with the next version of red flag laws for the internet.  That's not how this works.
<br /><br />
If he wanted a real conversation, it wouldn't be focused on the parameters of how do we set up protectionist, mercantilist barriers.  It would be on how do we create more value <i>and</i> then monetize that value.  And those conversations are happening all the time, all over the internet.  He's welcome to join.  He's always been welcome to join.  But it requires doing a little actual working and living on the internet.<br /><br /><a href="http://www.techdirt.com/articles/20120601/12063419173/dear-ari-emanuel-were-all-meeting-internet-come-join-us.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120601/12063419173/dear-ari-emanuel-were-all-meeting-internet-come-join-us.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120601/12063419173/dear-ari-emanuel-were-all-meeting-internet-come-join-us.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-living-and-working-here-too</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120601/12063419173</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 21 Sep 2011 15:44:25 PDT</pubDate>
<title>UK Law Enforcement Demanding Guardian's Sources On News Of The World Hacking Scandal [Updated]</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110921/03490516037/uk-law-enforcement-demanding-guardians-sources-news-world-hacking-scandal.shtml</link>
<guid>http://www.techdirt.com/articles/20110921/03490516037/uk-law-enforcement-demanding-guardians-sources-news-world-hacking-scandal.shtml</guid>
<description><![CDATA[ There's been a growing attack on the right of journalists to keep their sources secret.  In the US, we've seen attempts to expose newspaper sources using the Espionage Act, and it appears that over in the UK something similar is happening.  Scotland Yard is apparently <a href="http://www.guardian.co.uk/media/2011/sep/16/phone-hacking-met-court-order" target="_blank">demanding that The Guardian reveal its sources</a> for its thorough and widespread reporting on the News of the World phone hacking scandal.  This would be the same UK law enforcement folks who were alerted to the phone hacking and chose to ignore it... while The Guardian pushed on doing the reporting to expose it.  To then pressure The Guardian to give up its sources certainly has the feeling of attacking the guys who exposed Scotland Yard's failures in investigating News of the World earlier... <b>Update</b>: Looks like the press attention to this story has caused Scotland Yard <a href="http://www.bbc.co.uk/news/uk-15006572" target="_blank">to back down</a>.  Still, it seems like this could create serious chilling effects for UK press.<br /><br /><a href="http://www.techdirt.com/articles/20110921/03490516037/uk-law-enforcement-demanding-guardians-sources-news-world-hacking-scandal.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110921/03490516037/uk-law-enforcement-demanding-guardians-sources-news-world-hacking-scandal.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110921/03490516037/uk-law-enforcement-demanding-guardians-sources-news-world-hacking-scandal.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>journalist-shields?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110921/03490516037</wfw:commentRss>
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<item>
<pubDate>Thu, 30 Jun 2011 22:00:55 PDT</pubDate>
<title>OECD Supports Making ISPs Copyright Cops</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110629/10214814910/oecd-supports-making-isps-copyright-cops.shtml</link>
<guid>http://www.techdirt.com/articles/20110629/10214814910/oecd-supports-making-isps-copyright-cops.shtml</guid>
<description><![CDATA[ On the whole, the OECD has been pretty good about recognizing both the importance of freedom and openness of communications online <i>and</i> how certain industries have sought to use questionable claims and stats to push for protectionism.  So, earlier this week, when the OECD put together a statement on "principles for internet policy-making," people hoped that it would follow along with the UN in focusing on <a href="http://www.techdirt.com/articles/20110603/04225614545/un-report-human-rights-condemns-three-strikes-as-civil-rights-violation.shtml">protecting civil rights</a> of individuals... not protecting outdated business models of certain companies.
<br /><br />
And yet... it quickly came out that the OECD was <a href="http://www.laquadrature.net/en/oecd-draft-internet-communique-sacrifices-freedoms-to-copyright" target="_blank">considering dangerous language</a> in the principles, seeking to cut back on important safe harbors to protect against misguided third party liability.  When the draft language came out, nearly all of the "civil society" (i.e., consumer rights) groups that were a part of the discussion stated publicly that they <a href="http://blog.internetgovernance.org/blog/_archives/2011/6/28/4847563.html" target="_blank">could not endorse</a> the language.
<br /><br />
Tragically, the <a href="http://www.oecd.org/dataoecd/40/21/48289796.pdf" target="_blank">final document</a> (pdf) did, in fact, <a href="http://www.laquadrature.net/en/copyright-interests-force-private-censorship-into-oecd-communique" target="_blank">keep the dangerous language</a>.
<br /><br />
To be sure, there are plenty of good things in the principles -- and even many of the "titles" for the principles sound reasonable.  For example, among the principles are things like:
<ul>
<li>Promote and protect the global free flow of information</li>
<li>Promote the open, distributed and interconnected nature of the Internet</li>
<li>Promote investment and competition in high speed networks and services</li>
<li>Promote and Enable the Cross-Border Delivery of Services</li>
<li>Develop capacities to bring publicly available, reliable data into the policy-making process</li>
<li>Ensure transparency, fair process, and accountability</li>
<li>Strengthen consistency and effectiveness in privacy protection at a global level</li>
<li>Maximise individual empowerment</li>
<li>Promote Creativity and Innovation</li>
</ul>
It's tough to argue with most of those.  But the devil is in the details.  As <a href="http://www.keionline.org/node/1177" target="_blank">KEI points out</a>:
<blockquote><i>
 The Internet has actually demonstrated how much creativity is fostered without intellectual property, in fact despite IPR. Intellectual property is not a "driving" tool of the Internet. The Internet was NOT created by patents or copyright or trademark. Why would intellectual property be such a central theme for such a document? We concede that the Internet must not be a lawless "place" but this document where words such as "fair use, limitation and exception for users (it is "fixed" for the ISPs?), open source, free software, public domain, etc never appear, is wrong in tone and in its focus.
</i></blockquote>
For example, just take a look at the very first item on the list: "Promote and protect the global free flow of information."  Sounds good.  But nearly half of the paragraph to back that up isn't about the global free flow of information, but about making sure there are ways to block the free flow of information:
<blockquote><i>
While promoting the free flow of information, it is also essential for governments to work towards better protection of personal data, children online, consumers, intellectual property rights, and to address cybersecurity. In promoting the free flow of information governments should also respect fundamental rights.
</i></blockquote>
Of course, countries that are blatantly censoring the internet, from China to Australia all claim that they're working towards "better protection of children online" etc.  Such a statement basically undermines the entire point of the principle.   The document goes on in this nature, inserting "intellectual property" in all sorts of places it doesn't belong.  Perhaps most troubling is that there's a section officially on limiting third party liability, which has a whopper in the middle.  Basically it talks up the importance of limiting liability to service providers to encourage innovation... and then puts a huge "but not in the case of IP" in there:
<blockquote><i>
Within this context governments may choose to... identify the appropriate circumstances under which Internet intermediaries could take steps to educate users, assist rights holders in enforcing their rights or reduce illegal content....
</i></blockquote>
In other words, this document is a joke, which is why civil society deserted it.  It seems clear that it presents some nice principles upfront, but then undermines them in the fine print.<br /><br /><a href="http://www.techdirt.com/articles/20110629/10214814910/oecd-supports-making-isps-copyright-cops.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110629/10214814910/oecd-supports-making-isps-copyright-cops.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110629/10214814910/oecd-supports-making-isps-copyright-cops.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oecd-fail</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110629/10214814910</wfw:commentRss>
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<pubDate>Tue, 14 Jun 2011 07:31:09 PDT</pubDate>
<title>Russia's 'Crime Of The Century' Highlights Importance Of Anonymous, Public Whistleblowing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110530/23132914467/russias-crime-century-highlights-importance-anonymous-public-whistleblowing.shtml</link>
<guid>http://www.techdirt.com/articles/20110530/23132914467/russias-crime-century-highlights-importance-anonymous-public-whistleblowing.shtml</guid>
<description><![CDATA[ About a month ago, a few people sent in this horrifying story from Foreign Policy magazine, written by lawyer Jamison Firestone, concerning how one of the partners in his Moscow-based law firm helped uncover a massive crime by government officials -- who stole approximately $230 million and dumped it into real estate around the world -- and was then <a href="http://www.foreignpolicy.com/articles/2011/04/20/russia_s_crime_of_the_century?page=full" target="_blank">arrested, tortured, blamed for the theft and murdered in jail</a> for attempting to alert government officials of the corruption and crime.  It's a horrific story for anyone who believes in the rule of law.  Barron's has a similar story that focuses more on <a href="http://online.barrons.com/article/SB50001424052970204569604576259313266852054.html#articleTabs_panel_article%3D1" target="_blank">crime itself</a>, and additional evidence that implicates Russian officials -- even as Russian officials continued to blame the whistleblower who had actually alerted authorities to the suspicious behavior before the full theft had even taken place.  That article also mentions that many of the same government officials were apparently involved in a similar heist of $107 million a couple years earlier.
<br /><br />
While some may chalk this sort of thing up to the level of corruption found in Russia today -- which is known to be extensive -- it seems that this story also highlights the importance of the ability to blow the whistle on corruption through anonymous means that will make such findings public -- such as Wikileaks.  Wikileaks certainly may have its own problems, and hopefully newer platforms will improve upon its lead, but the ability to expose such crimes without then being tortured, murdered and blamed for the crimes seems like an important thing.
<br /><br />
Similarly, in our discussions on Bradley Manning -- who is accused of sending info to Wikileaks (though, according to many, the information Manning had access to was also available to over one million others, meaning that plenty of people may have passed it along to Wikileaks or others) -- we've had people insist that if he found wrongdoing, he should have just reported it to his superiors.  The lesson from the story in Russia is that you have to actually trust the superiors to make that reasonable.  Manning did not, perhaps for very good reasons.  That's not to say that the level of corruption in the US government is on par with the level of corruption in Russia.  I don't think anyone believes that.  But, it does highlight why someone might reasonably feel that reporting illegal acts by their own government <i>to</i> their own government may not always be the best course of action if the goal is stopping such activities.<br /><br /><a href="http://www.techdirt.com/articles/20110530/23132914467/russias-crime-century-highlights-importance-anonymous-public-whistleblowing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110530/23132914467/russias-crime-century-highlights-importance-anonymous-public-whistleblowing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110530/23132914467/russias-crime-century-highlights-importance-anonymous-public-whistleblowing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>corruption-runs-deep</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110530/23132914467</wfw:commentRss>
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<item>
<pubDate>Thu, 31 Mar 2011 06:40:40 PDT</pubDate>
<title>Protection</title>
<dc:creator>Nina Paley</dc:creator>
<link>http://www.techdirt.com/articles/20110329/14593713679/protection.shtml</link>
<guid>http://www.techdirt.com/articles/20110329/14593713679/protection.shtml</guid>
<description><![CDATA[ <a href="http://mimiandeunice.com/2011/03/22/protection/"><img width="560px" height="174px" title="ME_323_LawyersProtectArtists" src="http://mimiandeunice.com/wp-content/uploads/2011/03/ME_323_LawyersProtectArtists-640x199.png" alt="" /></a><br /><br /><a href="http://www.techdirt.com/articles/20110329/14593713679/protection.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110329/14593713679/protection.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110329/14593713679/protection.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>racket</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110329/14593713679</wfw:commentRss>
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<item>
<pubDate>Mon, 28 Feb 2011 07:37:19 PST</pubDate>
<title>HarperCollins Wants To Limit Library Ebook Lending To 'Protect' Authors From Libraries</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110226/12443313275/harpercollins-wants-to-limit-library-ebook-lending-to-protect-authors-libraries.shtml</link>
<guid>http://www.techdirt.com/articles/20110226/12443313275/harpercollins-wants-to-limit-library-ebook-lending-to-protect-authors-libraries.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=cjmpe">Colin</a> was the first of a bunch of you to send in the news that publisher HarperCollins has bizarrely decided to <a href="http://www.libraryjournal.com/lj/home/889452-264/harpercollins_caps_loans_on_ebook.html.csp" target="_blank">cripple the ebooks they let libraries lend</a> by adding a clause in their contract that says books can only be lent out 26 times before the license "expires."  Why?  Because they can, apparently, and don't realize how this will simply piss off people.  Also, once again, I do wonder how supporters of a move like this can still claim that a digital copy of content is "just like" a physical copy.  HarperCollins could never make such a claim with a physical book.
<br /><br />
Where it gets really ridiculous is HarperCollins' "defense" of the move:
<blockquote><i>
HarperCollins is committed to the library channel. We believe this change balances the value libraries get from our titles with the need to protect our authors and ensure a presence in public libraries and the communities they serve for years to come.
</i></blockquote>
Yes, seriously.  They think they need to <i>protect authors from libraries</i>.  That's -- to put it frankly -- insane.  It seriously makes me question whether authors should be comfortable with HarperCollins as a publisher, when it seems to be making moves that clearly go against an author's best interest.  The article does note that two of the big publishers -- Macmillan and Simon &#038; Schuster -- don't allow <i>any</i> lending of ebooks, which is unquestionably worse.  However, this kind of move doesn't make HarperCollins look good or like it has any recognition of the digital world.  It should be a major turn off to authors who do recognize where the market is headed.<br /><br /><a href="http://www.techdirt.com/articles/20110226/12443313275/harpercollins-wants-to-limit-library-ebook-lending-to-protect-authors-libraries.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110226/12443313275/harpercollins-wants-to-limit-library-ebook-lending-to-protect-authors-libraries.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110226/12443313275/harpercollins-wants-to-limit-library-ebook-lending-to-protect-authors-libraries.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can-i-check-out-a-clue?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110226/12443313275</wfw:commentRss>
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<pubDate>Tue, 30 Nov 2010 14:48:00 PST</pubDate>
<title>There's An Entire Conference About Trying To 'Protect' Content?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101124/00513512001/theres-entire-conference-about-trying-to-protect-content.shtml</link>
<guid>http://www.techdirt.com/articles/20101124/00513512001/theres-entire-conference-about-trying-to-protect-content.shtml</guid>
<description><![CDATA[ It's been sort of amusing over the past few years to watch the entertainment and media worlds focus increasingly on the idea that they need to "protect" content in some way, as if (a) that's possible or (b) desirable.  It is neither.  At this point, it should be clear that there is no realistic way to "protect" content.  The debunking of DRM has gone on for many years, and I don't think we need to contribute any further to that discussion.  But, more importantly, even if it were possible, I would argue that it is not a good idea.  The opportunities for smart business models going forward are in enabling people to <i>do more</i> with your content.  That is, it's in using the content to create greater and greater value -- and then setting up <a href="http://www.techdirt.com/articles/20070503/012939.shtml">business models</a> that allow you to capture some of that increased value.
<br /><br />
So, I find it rather amusing to see (via <a href="https://twitter.com/#!/shericandler/statuses/7186037591777280" target="_blank">Sheri Candler</a>) that there's an entire conference that's been created called <a href="http://www.contentprotectionsummit.com/" target="_blank">The Content Protection Summit</a>.  To me, that reads something like the "Rotary Phone Preservation Society" or the "Committee To Restore Butter Churns."  It's a historical anachronism that is no longer needed.
<br /><br />
Thankfully, the Summit organizers claim that the event will <i>not</i> discuss policy/lobbying efforts, but instead will be a working session to <a href="http://www.contentprotectionsummit.com/summit-details/" target="_blank">"establish a 'framework'" for the industry</a>.  A framework for what?  The organizers are vague in a way that suggests even they're not sure.  Note the massive overuse of "quotation marks" around everything (the organizers might want to check out <a href="http://www.unnecessaryquotes.com/" target="_blank">the "blog" of "unnecessary" quotation marks</a> for guidance):
<ul><i>
<li>This is not a "singular event", but rather the establishment of a "framework" through which industry leaders can identify top issues facing the industry, discuss them from all angles and aspects, and work collaboratively on ways to resolve or otherwise reduce/mitigate them through topic-based "working teams".
</li><li>Most conferences focus on facilitating two things: "issue awareness" and "social networking".  This summit instead focuses specifically on creating the framework to WORK and RESOLVE these issues.  As top leaders in the industry with far too much to do, we do not need yet "another conference", but instead need a forum for actually working and resolving the top issues facing us.
</li><li>Recognizes the common issues facing the entire "Entertainment Industry (movies + tv + music + games + software + publishing) versus individual industry segments or elements.
</li><li>Fills an industry "gap", as there is no continual working forum for these issues.  There are individual conferences or parts of events, but nothing that is industry-wide with a singular purpose.
</li></i></ul>
Since they're so big on quotation marks, I'll admit that reading this list makes it sound suspiciously like the event is about "collusion," as each set of quotations marks makes me assume that the word or phrase is a euphemism of sorts, and the only one that seems to fit is collusion.  Of course, the industry has tried to work together on DRM in the past and it's failed time and time again, so I'm not sure how getting folks together for another shot at a really bad business model does anything other than get the hopes up for those who haven't realized that they're chasing an obsolete dream, rather than embracing new opportunities.<br /><br /><a href="http://www.techdirt.com/articles/20101124/00513512001/theres-entire-conference-about-trying-to-protect-content.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101124/00513512001/theres-entire-conference-about-trying-to-protect-content.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101124/00513512001/theres-entire-conference-about-trying-to-protect-content.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>you're-doing-it-wrong</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101124/00513512001</wfw:commentRss>
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<pubDate>Fri, 26 Feb 2010 00:43:53 PST</pubDate>
<title>No, You Don't Have To File Patent Lawsuits</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100225/0303338302.shtml</link>
<guid>http://www.techdirt.com/articles/20100225/0303338302.shtml</guid>
<description><![CDATA[ A bunch of folks have been sending in the news of Xerox's <a href="http://www.businessweek.com/news/2010-02-23/google-yahoo-sued-by-xerox-over-search-query-patents-correct-.html" target="_blank">patent lawsuit against Google and Yahoo over search technology</a>, and I'd debated posting it at all.  It's the same old story.  A company widely considered a has-been goes searching through its patents, on technology it did nothing at all with, and sues other companies who had the same idea and actually went forward and implemented it successfully.  Yet another case of "those who can't innovate, litigate."
<br /><br />
But what caught my attention was Xerox's given reason for pursuing the lawsuit:
<blockquote><i>
"We believe we have no option but to file suit to properly protect our intellectual property."
</i></blockquote>
Sorry, but that's no reason to file a lawsuit.  It's a common cliche in patent lawsuits, but it's totally bogus.  Of course you have other options.  There is no rule that you have to file a lawsuit to "protect" the patent.  There is no "protecting" that needs to be done.  This is just a blatant attempt to squeeze money out of companies who actually implemented a product where Xerox failed.  That's not protecting, it's shaking down.<br /><br /><a href="http://www.techdirt.com/articles/20100225/0303338302.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100225/0303338302.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100225/0303338302.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>bogus-reasons</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100225/0303338302</wfw:commentRss>
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<pubDate>Tue, 8 Dec 2009 09:56:00 PST</pubDate>
<title>Disney CEO: I Can't Figure Out Ways To Adapt My Business, So I Need Government Protection</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091206/2325097225.shtml</link>
<guid>http://www.techdirt.com/articles/20091206/2325097225.shtml</guid>
<description><![CDATA[ We had high hopes for Robert Iger when he took over Disney from Michael Eisner (whose views on intellectual property were positively <a href="http://www.techdirt.com/articles/20080311/190606504.shtml">wacky</a>).  Iger surprised a lot of people by taking a very <a href="http://www.techdirt.com/articles/20060412/011217.shtml">progressive view</a> towards digital and online content, as well as recognizing the need for new business models, rather than attacking your fans and customers.  In 2006, he noted that the recording industry had screwed up and he intended to respond differently:
<blockquote><i>
"The bottom line is they were not in tune with what their customers wanted and what the world was demanding of them and I think it hurt them significantly." 
</i></blockquote>
So we were disappointed last year when Iger came out <a href="http://www.techdirt.com/articles/20080911/0352222239.shtml">strongly in support</a> of rules to force ISPs to kick customers off the internet based on a "three strikes" plan, where accusations, not convictions, are all that matter.
<br /><br />
It seems that he's not giving up.  <a href="http://dcmetal.wordpress.com" target="_blank">Chris</a> points out that, at President Obama's recent "Jobs Summit" Iger gave a speech where much of it was <a href="http://www.huffingtonpost.com/robert-a-iger/two-common-sense-ways-to_b_382034.html" target="_blank">focused on the need for stronger intellectual property protection from the government</a>, and no talk about all of the innovative business models that others are creating without relying on governments to prop up their business model.   In discussing his talk, he noted:
<blockquote><i>
So when you hear about "stealing intellectual property," a term that may have little meaning to you, think about it as a means of contributing to unemployment and harming our economy.
</i></blockquote>
Of course, there's no indication that this is actually true.  Even if people are saving money by not spending on Disney content, they are spending that money elsewhere, contributing to jobs in those sectors.  If you want to use Iger's logic, you could just as easily claim that copyright laws allow them to charge monopoly rents on products, thus depriving many other industries of money and jobs.  Thus -- again, using Iger's own logic -- copyright contributes to unemployment and the harming of our economy.  Not sure he really wants to go there.<br /><br /><a href="http://www.techdirt.com/articles/20091206/2325097225.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091206/2325097225.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091206/2325097225.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-that's-compelling</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091206/2325097225</wfw:commentRss>
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<pubDate>Tue, 27 Jan 2009 23:37:00 PST</pubDate>
<title>Details On The FTC's DRM Workshop</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090124/0756163511.shtml</link>
<guid>http://www.techdirt.com/articles/20090124/0756163511.shtml</guid>
<description><![CDATA[ At the beginning of January we noted -- with some amount of surprise -- that it appeared that the FTC was preparing a <a href="http://www.techdirt.com/articles/20090106/1941213305.shtml">workshop on DRM</a>.  When I was in Washington, DC recently, I had the chance to meet some of the folks putting that workshop together, and now they've sent over a <a href="http://www.ftc.gov/bcp/workshops/drm/topics.shtml" target="_new">more detailed list of topics up for discussion</a> at the session, and it does seem like a pretty good list -- covering pretty much the entire range of questions concerning DRM, specifically from a consumer perspective.  It's definitely an encouraging sign that folks at the FTC are recognizing that DRM can be used to do harm, rather than just (as the industry would have you believe) to "open up new business models."<br /><br /><a href="http://www.techdirt.com/articles/20090124/0756163511.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090124/0756163511.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090124/0756163511.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-miss-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090124/0756163511</wfw:commentRss>
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<pubDate>Wed, 7 Jan 2009 13:48:00 PST</pubDate>
<title>Is The FTC Interested In Protecting Consumers From Bad DRM?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090106/1941213305.shtml</link>
<guid>http://www.techdirt.com/articles/20090106/1941213305.shtml</guid>
<description><![CDATA[ We're so used to hearing the government fall for the industry propaganda about the need for DRM that it's almost... shocking, to hear that the FTC is even willing to consider the question of whether or not it should be involved in 
<a href="http://www.gamepolitics.com/2009/01/06/do-consumers-need-govt-protection-drm-it039s-agenda-ftc-conference" target="_new">protecting consumers from DRM</a>.  However, as Game Politics is noting, that question appears to be on the agenda of an FTC town hall meeting about DRM in Seattle in March.  Of course, it sounds as though that question is just a preliminary one, as the full agenda has yet to be set.  That means, it could have just been put there by a random staffer charged with filling out a few bullet points about what to talk about concerning DRM.  Still, it's at least interesting to see a hint of recognition from the government that DRM has its downsides.<br /><br /><a href="http://www.techdirt.com/articles/20090106/1941213305.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090106/1941213305.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090106/1941213305.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-would-be-interesting...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090106/1941213305</wfw:commentRss>
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<pubDate>Tue, 19 Aug 2008 16:25:00 PDT</pubDate>
<title>Entertainment Industry Again Says Everyone Else Must Protect Its Business Model</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080818/2249112021.shtml</link>
<guid>http://www.techdirt.com/articles/20080818/2249112021.shtml</guid>
<description><![CDATA[ The Progress &#038; Freedom Foundation is hosting its annual tech policy conference in Aspen, and given that it's PFF we're talking about, it's chock full of entertainment industry folks <a href="http://techliberation.com/2008/08/18/pff-aspen-summit-an-important-premise-unexplored/">without any input</a> from anyone who questions the basic premise that the entertainment industry puts forth: that content creators need to charge for each individual copy of their works.  Thus, it should come as no surprise that a panel of entertainment industry lobbyists fell into the usual routine of <a href="http://news.cnet.com/8301-13578_3-10019622-38.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_new">insisting that everyone else -- mainly ISPs -- be responsible for protecting the entertainment industry's business model</a>.
<br /><br />
The reasoning seems to be the same as always: the entertainment industry itself has found it too difficult to come up with a business model (even as those who have escaped the traditional bounds of the industry seem to be <a href="http://www.techdirt.com/articles/20080605/1638421319.shtml">figuring it out</a> on their own), and thus others simply <i>must</i> be responsible for propping up the business model.  If you put them all on a panel together, of course, they're going to whine and complain that others have to fix their business model for them -- but that doesn't mean it's true.  There are plenty of business models that they could embrace on their own, requiring no assistance from others.  That they chose not to is their own mistake -- not the fault of companies in a totally separate industry.<br /><br /><a href="http://www.techdirt.com/articles/20080818/2249112021.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080818/2249112021.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080818/2249112021.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>please,-please-help-us</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080818/2249112021</wfw:commentRss>
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<pubDate>Fri, 16 May 2008 09:21:00 PDT</pubDate>
<title>Are People In China Happy With The Great Firewall?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080515/0258451120.shtml</link>
<guid>http://www.techdirt.com/articles/20080515/0258451120.shtml</guid>
<description><![CDATA[ We've heard this argument plenty of times in the past, but a recent study suggests that <a href="http://news.slashdot.org/article.pl?sid=08/05/14/1337223&#038;from=rss" target="_new">85% of people surveyed in China are perfectly fine with the Great Firewall</a>, saying that they believe the government has a responsibility to "protect" them from dangerous content.  Of course, this is always how the government has positioned the filter: not as "blocking" content it doesn't like, but as protecting citizens from "dangerous" content.  Before people act surprised about this, take a step back and recognize that if you did the same study in the US, asking if the government should be protecting children from "bad stuff" online, many Americans would naturally say yes.  That doesn't necessarily mean that either is okay -- but does suggest how different the answers are based on how the question is positioned.<br /><br /><a href="http://www.techdirt.com/articles/20080515/0258451120.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080515/0258451120.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080515/0258451120.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>some-of-them-appear-to-be</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080515/0258451120</wfw:commentRss>
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<pubDate>Fri, 12 Oct 2007 07:59:00 PDT</pubDate>
<title>Copyright Out Of Control: Does Saying '2012 Olympic Games' Violate All Sorts Of Copyright Laws?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071009/011050.shtml</link>
<guid>http://www.techdirt.com/articles/20071009/011050.shtml</guid>
<description><![CDATA[ It's been nearly two years since we wrote about the effort by the folks who run the Olympics to have British law changed to provide <a href="http://www.techdirt.com/articles/20060116/1029257.shtml">special copyright</a> protection for the word "Olympics" and even "2012" (as that's when the Olympics will be held in London).  This was hardly the first (nor last) time that the Olympics had gone overboard in trying to protect its brand.  Years ago, they started <a href="http://www.techdirt.com/articles/20031215/0917223_F.shtml">threatening</a> anyone who used the word, and more recently sought similar <a href="http://www.techdirt.com/articles/20070305/092327.shtml">legal changes</a> in Canada for the 2010 Vancouver Olympics (that's gonna cost me...).  Over in the UK, playwright and president of the Writer's Guild, David Edgar is talking about <a href="http://www.guardian.co.uk/commentisfree/story/0,,2185961,00.html?gusrc=rss&#038;feed=networkfront">how ridiculous all this is</a>, specifically pointing to the Olympic committee's concern over a new novel called "Olympic Mind Games."  Eventually (perhaps realizing the ridicule it would generate), it decided not to sue the author, but based on the law, it probably could have.  As Edgar writes:
<blockquote><i>
By declaring images, titles and now words to be ownable brands, these various organisations and individuals are contributing to an increased commodification and thus privatisation of materials previously agreed to be in the public domain. For scientists, this constrains the use of public and published knowledge, up to and including the human genome. For artists, it implies that the only thing you can do with subject matter is to sell it.</i></blockquote>

Edgar goes on to point to other similarly ridiculous attempts to misuse copyright or trademark law to prevent certain actions.  The key problem here (once again) is that too many people now believe that the purpose of intellectual property laws is "protection" of the creator/owner.  That's simply not true.  The purpose of copyright law is to create the incentives to create the content in question.  The purpose of trademark law, is really about consumer protection -- and making sure that someone doesn't buy something under the false impression that it was made and/or endorsed by someone else.  Obviously, both of these require some amount of protection to make those things possible -- but in every instance, it should be viewed under the light of the original purpose of both laws.  If the control is not related to the original incentive to create, or in preventing consumer confusion -- then the exercises in control should not be allowed under those laws.<br /><br /><a href="http://www.techdirt.com/articles/20071009/011050.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071009/011050.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071009/011050.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>have-fun-with-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20071009/011050</wfw:commentRss>
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