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<pubDate>Fri, 1 Feb 2013 17:28:00 PST</pubDate>
<title>Rep Zoe Lofgren Continues To Improve 'Aaron's Law' Via Reddit</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130201/15410021859/rep-zoe-lofgren-continues-to-improve-aarons-law-via-reddit.shtml</link>
<guid>http://www.techdirt.com/articles/20130201/15410021859/rep-zoe-lofgren-continues-to-improve-aarons-law-via-reddit.shtml</guid>
<description><![CDATA[ A few weeks ago, we wrote about Rep. Zoe Lofgren announcing plans to <a href="http://www.techdirt.com/articles/20130115/19410721694/rep-zoe-lofgren-plans-to-introduce-aarons-law-to-stop-bogus-prosecutions-under-cfaa.shtml">via Reddit, to introduce CFAA reform</a>, called "Aaron's Law."  Since then, Lofgren has taken into account numerous concerns and thoughts from various stakeholders, many of whom discussed it directly on Reddit, and has now <a href="http://www.reddit.com/r/IAmA/comments/17pisv/im_rep_zoe_lofgren_here_is_a_modified_draft/" target="_blank">announced a second draft, also via Reddit</a>.  While the folks at EFF note that there are <a href="https://www.eff.org/deeplinks/2013/02/aarons-law-2-major-steps-forward-more-work" target="_blank">still some additional improvements needed</a>, it is, certainly, an important step forward in much needed CFAA reform.
<br /><br />
Of course, perhaps just as important is showing how this sort of public engagement in democracy can really work.  The original draft of Aaron's Law did receive some criticism from some people (including mocking by some of our usual critics in our comments), without any hint of recognition that this is <i>part of the process</i>.  It wasn't introduced on Reddit because it was complete, but in order to get feedback for these kinds of future drafts.  <i>That</i> is an important point, and other legislators would do well in paying attention.  And, of course, even this is not a finished product, but another snapshot as to where the process is now, with more ability for people to weigh in.
<blockquote><i>
<p>Thank you, Reddit and everyone else who provided feedback to the <a href="http://www.reddit.com/r/technology/comments/16njr9/im_rep_zoe_lofgren_im_introducing_aarons_law_to/">original</a> rough draft bill to reform the Computer Fraud and Abuse Act (CFAA) and the wire fraud statute &#8211; the laws the government used to unfairly prosecute Aaron Swartz.  With the help of Internet freedom advocates, computer and legal experts, the draft has been revised and is available <a href="http://www.lofgren.house.gov/images/stories/pdf/aarons%20law%20revised%20draft%20013013.pdf">here.</a> I have been in communication with Aaron&#8217;s father who supports this draft bill and approves of the name &#8220;Aaron&#8217;s Law.&#8221;</p>

<p>Like the first draft, this revised draft explicitly excludes breaches of terms of service or user agreements as violations of the CFAA and wire fraud statute.  This revised draft also makes clear that changing one's MAC or IP address is not in itself a violation of the CFAA or wire fraud statute.  In addition, this draft limits the scope of CFAA by defining "access without authorization" as the circumvention of technological access barriers.  Taken together, the changes in this draft should prevent the kind of abusive prosecution directed at Aaron Swartz and would help protect other Internet users from outsized liability for everyday activity.  </p>

<p>As our discussions have continued, it is clear that many believe a thorough revision of the CFAA and substantial reform of copyright laws are necessary.  I agree.  &#8220;Aaron&#8217;s Law&#8221; is not this complete overhaul, but is a first step down the road to comprehensive reform.  If we succeed in getting this draft bill enacted into law, it will be in honor of Aaron Swartz, and should be seen as a beginning of a concerted effort to bring reform to these broader issues.  To be successful, that effort will likely take substantial time and require sustained and intense support from all of you in a push that will need to exceed our stoppage of SOPA.  </p>

<p>I see &#8220;Aaron&#8217;s Law&#8221; as common sense fixes that should be enacted to stop the kinds of abuse Aaron was subjected to from affecting others.  I intend to introduce a final version of "Aaron's Law" as legislation soon, and in talking with my friend Sen. Ron Wyden of Oregon, I understand he wants to introduce it in the Senate as well. I will be urging my colleagues in the House of Reps to become cosponsors. The chances of success &#8211; whether for "Aaron's Law" or other proposals &#8211; will depend greatly on the degree of positive public engagement and support to change the law.  As SOPA showed, when the Internet speaks, lawmakers listen.  I think with enough constructive support we can have an opportunity to pass "Aaron's Law." </p>

<p>Many thanks to all of you &#8211; <strong>Zoe</strong></p>
</i></blockquote>
Whether or not this actually works for this bill -- or whether or not this really is the full type of CFAA reform that we need (and I do think it's as good step in the right direction), it's fascinating to watch the process itself.<br /><br /><a href="http://www.techdirt.com/articles/20130201/15410021859/rep-zoe-lofgren-continues-to-improve-aarons-law-via-reddit.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130201/15410021859/rep-zoe-lofgren-continues-to-improve-aarons-law-via-reddit.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130201/15410021859/rep-zoe-lofgren-continues-to-improve-aarons-law-via-reddit.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-new-way-to-do-legislation</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130201/15410021859</wfw:commentRss>
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<pubDate>Fri, 1 Feb 2013 03:26:39 PST</pubDate>
<title>EFF Goes To Bat For Reddit's Gay Gamers; Files Petition To Cancel Bogus 'Gaymer' Trademark</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130123/19242921773/eff-goes-to-bat-reddits-gay-gamers-files-petition-to-cancel-bogus-gaymer-trademark.shtml</link>
<guid>http://www.techdirt.com/articles/20130123/19242921773/eff-goes-to-bat-reddits-gay-gamers-files-petition-to-cancel-bogus-gaymer-trademark.shtml</guid>
<description><![CDATA[ If you're going to send out a cease-and-desist based on a dubious trademark, one of the <i>worst</i> places you could send it is Reddit. Nothing stirs up this site more than a direct attack on one of its communities. What might have once seemed like a slam dunk suddenly becomes a minefield, one that a certain trademark registrant is currently navigating.
<br /><br />
Four months ago, blogger Chris Vizzini <a href="http://www.reddit.com/r/gaymers/comments/zmrfh/gaymers_could_be_banned_and_deleted_by_tomorrow/" target="_blank">sent a cease-and-desist to Reddit directed at the r/gaymers subreddit</a>. The term in question is "gaymer" itself, which <a href="http://trademarks.justia.com/771/62/gaymer-77162857.html" target="_blank">Vizzini registered in March 2008</a>, and which cites his online forum, gaymer.org, as the first use in commerce. (His site went live in May of 2003.) According to the registration, Vizzini's "GAYMER" mark covers these goods and services.
<blockquote>
<i>Computer services, namely, creating an online community for registered users to participate in competitions, showcase their skills, get feedback from their peers, form virtual communities, engage in social networking and improve their talent; Computer services, namely, hosting and maintaining an online website for others to discuss, receive and disseminate information concerning video games; Computer services, namely, hosting on-line web facilities for others for organizing and conducting online meetings, gatherings, and interactive discussions.</i>
</blockquote>
The response was immediate. The first option presented was to <a href="http://www.reddit.com/r/gaymers/comments/zmrfh/gaymers_could_be_banned_and_deleted_by_tomorrow/c65z162" target="_blank">change the subreddit's name</a>. Others looked to see if the trademark could even be considered valid, <a href="http://www.reddit.com/r/gaymers/comments/zmrfh/gaymers_could_be_banned_and_deleted_by_tomorrow/c666cnk" target="_blank">tracking down examples of prior use</a>, one of them dating <a href="https://groups.google.com/forum/?hl=en&#038;fromgroups#!topic/alt.personals/H1K9vGh5u18" target="_blank">all the way back to 1991</a>. Also discussed was the possibility of <a href="http://www.reddit.com/r/AskReddit/comments/zmukv/a_large_gay_community_of_reddit_is_about_to_be/c660fvv" target="_blank">licensing the term for a nominal fee</a>, the downside being that even if Vizzini did accept, it would do nothing to prevent him from pursuing others who used the word "gaymer."
<br /><br />
While the trademark's description seemed to cover a large portion of Reddit's "goods and services" (with a few notable differences), the discussion focused on whether or not Vizzini should have been able to trademark what many viewed as a descriptive or generic term.
<br /><br />
Then, <a href="http://www.reddit.com/r/gaymers/comments/zms9y/rgaymers_may_be_banned_as_early_as_monday_morning/c6604sc" target="_blank">redditor richielaw informed r/gaymers that there was a <i>third</i> option</a>, one which effectively tossed the ball back in Vizzini's court and put him on the defensive.
<blockquote>
<i>Actually, you can fight it. We can file a petition to cancel the registration of "Gaymers" for the stated purpose. Under 15 USC 1064 you can file a petition to cancel a registration of a mark "within five years from the date of the registration of the mark, which in this instance is March 25, 2008. Further, you can file a petition at any time if the registered mark becomes the generic name for the goods or services for which it is registered.</i>
<br /><br />
<i>Now, there is a fee involved ($300). The likelihood of success is hard to say given the fact that this mark has been in use for so long; however, if it can be proved that the mark is generic in nature (as it describes ALL gay gamers) or it is merely descriptive, then the mark might be cancelled...</i>
</blockquote>
This being Reddit, the comment thread was soon filled with redditors throwing money in the direction of richielaw and his plan to make the aggressive registrant actually defend his trademark. If nothing else, the pushback might make Vizzini think long and hard (no pun intended?) about actively alienating a large part of the very community he had been courting with his own site for the past decade.
<br /><br />
And, as if <a href="http://www.reddit.com/r/gaymers/comments/174ooy/update_rgaymers_is_fighting_back_the_trademark/" target="_blank">facing the wrath of united redditors</a> wasn't enough, <a href="https://www.eff.org/press/releases/reddit-gaymers-fight-protect-online-forum-bogus-trademark-claims" target="_blank">the EFF has now joined the push to have this trademark cancelled</a>.
<blockquote>
<i>[I]n a petition filed with the U.S. Patent and Trademark Office (USPTO) today, the group asks the USPTO to cancel the "gaymer" trademark registration so that people around the world can continue to use the word without interference.</i>
<br /><br />
<i>The Electronic Frontier Foundation (EFF) and the law firm Perkins Coie represent the Reddit gaymers &ndash; members of the lesbian, gay, bisexual, and transgendered community who have an active interest in video games...</i>
<br /><br />
<i>"This registration should never have been granted," said EFF Intellectual Property Director Corynne McSherry. "Gaymer is a common term that refers to members of this vibrant gaming community, and we are happy to help them fight back and make sure the term goes back to the public domain where it belongs."</i>
<br /><br />
<i>"Trademarks have one primary purpose: to protect consumers from confusion about the source of goods or services," said EFF Staff Attorney Julie Samuels. "This registration isn&#39;t being used to protect consumers &ndash; it&#39;s being used to threaten free speech."</i>
</blockquote>
EFF's petition cites the same complaints the redditors discussed: that the word "gaymer" is both generic and descriptive and that it predates Vizzini's application for exclusive use of the term (in relation to the services listed above -- there's also an unrelated <a href="http://en.wikipedia.org/wiki/Gaymer_Cider_Company" target="_blank">Gaymer line of ciders</a>). Whether or not the USPTO will find this argument convincing remains to be seen. Many dubious claims have made their way unscathed through the registration office in years past. The main benefit of this action is it puts the pressure on Vizzini to defend his claim to the term, something he may have no interest in doing.
<br /><br />
Unfortunately, this is all too common -- IP law being exploited to <a href="http://www.techdirt.com/articles/20121005/08405820620/copyright-as-censorship-author-removes-blog-post-after-being-threatened-quoting-4-sentences.shtml" target="_blank">shut down speech</a>. Vizzini most likely has no problem with <i>what</i> these redditors are saying, but rather <i>where</i> they're saying it. In hoping to corner the market on gaymer discussion, he's eliminated himself from the conversation.
<br /><br />
<center><div id="DV-viewer-561553-petitiontocancel" class="DV-container"></div>
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<noscript>
  <a href="http://s3.documentcloud.org/documents/561553/petitiontocancel.pdf">PetitiontoCancel (PDF)</a>
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  <a href="http://s3.documentcloud.org/documents/561553/petitiontocancel.txt">PetitiontoCancel (Text)</a>
</noscript></center><br /><br /><a href="http://www.techdirt.com/articles/20130123/19242921773/eff-goes-to-bat-reddits-gay-gamers-files-petition-to-cancel-bogus-gaymer-trademark.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130123/19242921773/eff-goes-to-bat-reddits-gay-gamers-files-petition-to-cancel-bogus-gaymer-trademark.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130123/19242921773/eff-goes-to-bat-reddits-gay-gamers-files-petition-to-cancel-bogus-gaymer-trademark.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i've-never-heard-a-story-involving-someone-pissing-off-reddit-and-walking-aw</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130123/19242921773</wfw:commentRss>
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<pubDate>Thu, 7 Jun 2012 21:41:00 PDT</pubDate>
<title>Celebrity Photographer's Archivist Connects With Fans On Reddit Instead Of Freaking Out</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120604/08062219192/celebrity-photographers-archivist-connects-with-fans-reddit-instead-freaking-out.shtml</link>
<guid>http://www.techdirt.com/articles/20120604/08062219192/celebrity-photographers-archivist-connects-with-fans-reddit-instead-freaking-out.shtml</guid>
<description><![CDATA[ <p>When a person's whole job revolves around managing and licensing a catalogue of copyrights, it's hardly surprising (if still disappointing) when they freak out about unauthorized sharing. So it's really nice to see someone in that exact position taking the opposite tack, as recently happened when a comparative <a href="http://www.reddit.com/r/pics/comments/udw15/meryl_streep_then_and_now/" target="_blank">Then &#038; Now photo</a> of Meryl Streep (which demonstrates that she may be some kind of magical ageless faerie) shot up the Reddit charts (thanks to <strong>Andy</strong> for sending this in):</p>
<p><center><a href="http://imgur.com/oLO0q"><img src="http://i.imgur.com/oLO0q.jpg" alt="" title="Hosted by imgur.com" width="450" /></a></center></p>
<p>The 1979 photo is by famous pioneer-paparazzo Ron Gelella. The archive director for the company that manages his copyrights saw the image and <a href="http://www.reddit.com/r/pics/comments/udw15/meryl_streep_then_and_now/c4ukzte" target="_blank">showed up in the Reddit comments</a>... with additional info and a link to related photos. This garnered a very positive reaction from the community:</p>
<p><center><a href="http://imgur.com/nJcdD"><img src="http://i.imgur.com/nJcdD.png" alt="" title="Hosted by imgur.com" width="560" /></a></center></p>
<p>As you can see, this prompted <a href="http://www.reddit.com/r/IAmA/comments/ugpnf/i_am_archive_director_for_ron_galellathe/" target="_blank">an AMA</a>, which is interesting in itself, featuring lots of conversation about how the internet has changed the paparazzi business and the differences between modern paparazzi and early ones like Gelella.</p>
<p>I wouldn't be surprised if all this exposure led to some print sales for the company&mdash;though what would be really cool is if they started working on some additional interesting offerings. There is apparently a <em>huge</em> amount of interest in Gelella's photography and perhaps even more in his anecdotes, not to mention a lot of people who want to jump into the moral debate surrounding the paparazzi. The archivist is clearly skilled at connecting with fans, and I bet they can come up with some great reasons to buy, too.</p><br /><br /><a href="http://www.techdirt.com/articles/20120604/08062219192/celebrity-photographers-archivist-connects-with-fans-reddit-instead-freaking-out.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120604/08062219192/celebrity-photographers-archivist-connects-with-fans-reddit-instead-freaking-out.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120604/08062219192/celebrity-photographers-archivist-connects-with-fans-reddit-instead-freaking-out.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-how-it's-done</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120604/08062219192</wfw:commentRss>
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<item>
<pubDate>Wed, 23 May 2012 05:05:00 PDT</pubDate>
<title>The Internet Puts Up A Billboard In Front Of Lamar Smith's Office: Don't Mess With The Internet</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120522/10253919025/internet-puts-up-billboard-front-lamar-smiths-office-dont-mess-with-internet.shtml</link>
<guid>http://www.techdirt.com/articles/20120522/10253919025/internet-puts-up-billboard-front-lamar-smiths-office-dont-mess-with-internet.shtml</guid>
<description><![CDATA[ You may recall that, back in March, on a whim based on a discussion at SXSW, Alexis Ohanian and Erik Martin (from Reddit) teamed up with Holmes Wilson (from Fight for the Future) to <a href="http://www.techdirt.com/articles/20120312/10480918076/help-fund-dont-mess-with-internet-billboard-lamar-smiths-district.shtml">crowdfund a billboard</a> to go up in Lamar Smith's district in Austin.  It turns out that you internet people don't mind paying after all, and helped fund <b>two</b> billboards <a href="http://fightforthefuture.org/billboard" target="_blank">which have now gone up in Smith's district</a>, including one across the street from his office in San Antonio, and a second one on "Lamar Blvd" in Austin
<center>
<a href="http://imgur.com/XEHAE"><img src="http://i.imgur.com/XEHAE.jpg" width=560 /></a>
</center>
Oh, and Ohanian's BreadPig is <a href="http://breadpig.com/products/dont-mess-with-the-internet-shirt-1" target="_blank">selling a "Don't Mess with the Internet" t-shirt</a>, where each sale will help fund Fight for the Future and its new <a href="http://internetdefenseleague.org/" target="_blank">Internet Defense League</a> -- which you should join, in part because if you do cool things to help defend the internet, they hand out <a href="http://fight4future.tumblr.com/tagged/topdefenders" target="_blank">totally awesome medals</a>.<br /><br /><a href="http://www.techdirt.com/articles/20120522/10253919025/internet-puts-up-billboard-front-lamar-smiths-office-dont-mess-with-internet.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120522/10253919025/internet-puts-up-billboard-front-lamar-smiths-office-dont-mess-with-internet.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120522/10253919025/internet-puts-up-billboard-front-lamar-smiths-office-dont-mess-with-internet.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>will-he-notice?</slash:department>
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<pubDate>Wed, 18 Jan 2012 19:56:00 PST</pubDate>
<title>A Gallery Of The SOPA Blackout Protest Screens.</title>
<dc:creator>Dennis Yang</dc:creator>
<link>http://www.techdirt.com/articles/20120118/12072517457/gallery-sopa-blackout-protest-screens.shtml</link>
<guid>http://www.techdirt.com/articles/20120118/12072517457/gallery-sopa-blackout-protest-screens.shtml</guid>
<description><![CDATA[ Needless to say, there's a pretty big protest going on right now against SOPA, with many sites either shuttering fully or making obvious changes in support of the protests. Leading the charge are Wikipedia, Reddit and Google. Sites like <a href="http://sopastrike.com/">SOPA STRIKE</a> and <a href="http://sopablackout.org/">SOPA Blackout</a> disseminated code to allow sites to easily join the blackout, but many sites have actually decided to take the time to tailor their protests for their own sites, which is amazing to see. It is this creative energy that drives the Internet and makes it what it is (for better or worse), and it is this very energy that legislation like SOPA and PIPA threaten to extinguish.
<br /><br />
I've created a <a href="http://mlkshk.com/sopablackout">gallery of SOPA blackout screencaps</a>, but here are some of my favorite takes on the protest today:
<br /><br />
Reddit's blackout is probably the most complete; <em>all</em> URLs, including deep links, on Reddit lead to the blackout page, which is very impressive for such a largely trafficked site. For Redditor's going through Reddit-withdrawal today, they feature a handy countdown timer on their blackout page.
<br />
<a href="http://mlkshk.com/p/BO5W"><img width="500" src="http://mlkshk.com/r/BO5W" alt="Reddit's SOPA Blackout" /></a>
<br /><br />
<a href="http://mlkshk.com/p/BNVF">Wikipedia's blackout</a> encompasses all of the English site, and as evidenced by <a href="https://twitter.com/#!/herpderpedia">@herpderpedia</a> (who is collecting various angry Tweets about the Wikipedia blackout), it is certainly causing some frustration (and hopefully some awareness). That said, Wikipedia's blackout is very, very, very easy to thwart (just hit the ESC key before the page fully loads), so there's an easy escape valve for those that are in dire need of its content. In that same vein, <a href="http://mlkshk.com/p/BNVE">Craigslist's full blackout</a> also has a release valve that gracefully loads after a few seconds.
<br /><br />
Google promised that it would do "something," and followed suit with a <a href="http://mlkshk.com/p/BNV8">Google Doodle</a>, essentially blacking out its logo in protest. Several sites followed suit, including <a href="http://mlkshk.com/p/BNVY">Hacker News</a>, <a href="http://mlkshk.com/p/BNVZ">4chan's /b/</a> (link to a SFW screenshot), and <a href="http://mlkshk.com/p/BO6J">TwitPic</a>.
<br /><br />
Taking the "censor-style" protest to the next level are <a href="http://mlkshk.com/p/BOHI">Wired's blackout</a> and <a href="http://mlkshk.com/p/BOB7">Daily Kos' blackout</a>. Wired's coders decided to mark up the page itself with black censor boxes, so that the page looks like it's been through the hands of some very aggressive government censors. Very clever from the design-minded folks over at Wired.
<br />
<a href="http://mlkshk.com/p/BOHI"><img width="500" src="http://mlkshk.com/r/BOHI" alt="Wired's SOPA Blackout" /></a>
<br /><br />
Elegant as always, xkcd's blackout offers the simple message, "[don't censor the web]".
<a href="http://mlkshk.com/p/BO8M"><img width="500" alt="xkcd's SOPA blackout" src="http://mlkshk.com/r/BO8M" /></a>
<br /><br />
And, the most amusing blackout of the day comes from McSweeney's (of course), who has handily replaced its site today with "A DAY&#8217;S WORTH OF FACTS TO GET YOU THROUGH WIKIPEDIA&#8217;S 24-HOUR BLACKOUT."
<br />
<a href="http://mlkshk.com/p/BOD1"><img width="500" alt="McSweeney's SOPA Blackout" src="http://mlkshk.com/r/BOD1" /></a>
<br /><br />
Check out the <a href="http://mlkshk.com/sopablackout">full gallery</a> here, and let me know if there are any awesome blackout implementations that I've missed.<br /><br /><a href="http://www.techdirt.com/articles/20120118/12072517457/gallery-sopa-blackout-protest-screens.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120118/12072517457/gallery-sopa-blackout-protest-screens.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120118/12072517457/gallery-sopa-blackout-protest-screens.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>mr-smith-takes-over-the-internet</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120118/12072517457</wfw:commentRss>
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<pubDate>Thu, 20 Oct 2011 11:33:00 PDT</pubDate>
<title>Could Reddit Make Its Own 'Rome, Sweet Rome' And Compete With Warner Bros.?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111020/03450616429/could-reddit-make-its-own-rome-sweet-rome-compete-with-warner-bros.shtml</link>
<guid>http://www.techdirt.com/articles/20111020/03450616429/could-reddit-make-its-own-rome-sweet-rome-compete-with-warner-bros.shtml</guid>
<description><![CDATA[ We recently wrote about the initially cool, but eventually frustrating, story of author James Erwin, who turned a comment he made on a Reddit story <a href="http://www.techdirt.com/articles/20111017/02544416380/warner-bros-buys-story-that-was-written-reddit-comments-then-tells-author-to-stop-redditing.shtml">into a movie deal</a> with Warner Bros.  The frustrating part came out of the news that Erwin mentioned in an interview that due to the "locked-down IP rights" common in the movie industry, he couldn't spend more time on Reddit with the community that built up around the "Rome, Sweet Rome" story.  
<br /><br />
Now, some in our comments questioned whether Erwin even had the right to grant such an exclusive license to Warner Bros., noting both that the community helped develop part of the story and that Reddit's terms might forbid it.  Eriq Gardner, at THREsq, decided to <a href="http://www.hollywoodreporter.com/thr-esq/does-warner-bros-have-movie-250726?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">dig into the legal question</a>, and suggests that it's entirely possible that Warner Bros. <i>could not have</i> exclusively licensed the story, and in theory anyone else could try to get the same rights from Reddit itself.
<br /><br />
Part of it is the boilerplate language in Reddit's terms:
<blockquote><i>
"you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so."
</i></blockquote>
This really is boilerplate.  Look at almost any modern user-generated content platform and you'll see similar terms.  But, at the very least here, it suggests that while Erwin could offer up some rights to WB, he <b>cannot</b> grant them exclusively.  In fact, Reddit itself could make the same movie based on this... or it could separately license the story to a competing studio.  It seems unlikely that they would do that, but it certainly seems possible.
<br /><br />
Additionally, there are still some questions about whether or not Erwin could have licensed parts of the story that were developed by others:
<blockquote><i>
although Erwin undoubtedly did much of the hard work in crafting the story himself, during the genesis of "Rome, Sweet Rome," some of Reddit's other users made suggestions to his work that may ultimately shape the final story.
</i></blockquote>
Those concepts, if they are copyrightable, might not be Erwin's to exclusively license.
<br /><br />
Either way, while I doubt it will happen, it certainly would be interesting and amusing to see what would happen if Reddit tried to license the same rights to a competing studio.<br /><br /><a href="http://www.techdirt.com/articles/20111020/03450616429/could-reddit-make-its-own-rome-sweet-rome-compete-with-warner-bros.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111020/03450616429/could-reddit-make-its-own-rome-sweet-rome-compete-with-warner-bros.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111020/03450616429/could-reddit-make-its-own-rome-sweet-rome-compete-with-warner-bros.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>legal-conundrums</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111020/03450616429</wfw:commentRss>
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<pubDate>Mon, 17 Oct 2011 11:02:19 PDT</pubDate>
<title>Warner Bros. Buys Story That Was Written In The Reddit Comments; Then Tells Author To Stop Redditing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111017/02544416380/warner-bros-buys-story-that-was-written-reddit-comments-then-tells-author-to-stop-redditing.shtml</link>
<guid>http://www.techdirt.com/articles/20111017/02544416380/warner-bros-buys-story-that-was-written-reddit-comments-then-tells-author-to-stop-redditing.shtml</guid>
<description><![CDATA[ Here's a story that starts out great... but then gets annoying towards the end.
<br /><br />
I know we've got many Redditors here, but for those who don't spend time there, they might find this story interesting.  We keep hearing stories these days about how the big movie studios are afraid to try anything particularly original when it comes to greenlighting movies -- preferring these days to do remakes, adaptations or sequels, knowing that they all bring in a guaranteed audience of some kind.  So it's interesting to see (as sent in by Aaron DeOliveira) that Warner Bros. "aggressively" went after and <a href="http://gizmodo.com/5849799/a-real-studio-movie-is-being-made-from-a-reddit-comment" target="_blank">bought the rights to a story that was written in the comments of Reddit</a>.  It started when a Reddit user asked if a modern US Marine infantry battalion <a href="http://www.reddit.com/r/AskReddit/comments/k067x/could_i_destroy_the_entire_roman_empire_during/" target="_blank">could wipe out the entire Roman Empire</a> given the modern technology they would have.
<br /><br />
Reddit user <a href="http://www.reddit.com/user/Prufrock451" target="_blank">Prufrock451</a>, who is more commonly known as James Erwin (and is apparently an author and a "two-time Jeopardy winner") jumped at the opportunity to <a href="http://www.reddit.com/r/AskReddit/comments/k067x/could_i_destroy_the_entire_roman_empire_during/c2giwm4" target="_blank">dash off a bit of fiction</a> describing "day 1" of such a modern military unit being transported to the Roman Empire.  And the Redditors liked it.  Big time.  They encouraged, nay demanded, that he write more.  So he wrote some more, and an entire Subreddit was created, called <a href="http://www.reddit.com/r/RomeSweetRome/" target="_blank">Rome Sweet Rome</a>, with plenty of people contributing additional ideas, including graphics and a hypothetical movie poster.
<br /><br />
And late last week, the news came out that Warner Bros. had purchased the movie rights.  Of course, there's a <i>long way</i> from buying the rights to actually having a movie made.  I know folks who have sold movie rights only to see them languish for ages with nothing ever happening.  Still, whole thing from comment to movie deal?  A little over a month.  When I read all that, I thought about how cool a move this was, and how it was nice to see Warner Bros. apparently being progressive on such a deal and realizing the value not just of the story but the wider Reddit community.
<br /><br />
But then I read a little more.  In an interview with Erwin on ScreenRant, Erwin admits that now that a deal has been signed <a href="http://screenrant.com/rome-sweet-rome-movie-james-erwin-interview-robf-136206/" target="_blank">he has to stop participating in the subreddit</a> because everyone's "lawyered-up" and worried about "locked-down IP rights."
<blockquote><i>
Unfortunately, I have not been able to spend time on Reddit. This is not because I think I&rsquo;m too big for my britches now. The Internet is a chaotic, give-and-take place &ndash; and that creates nightmares for a lawyered-up industry based on locked-down IP rights. In a perfect world, I would be in that subreddit every day &ndash; but that&rsquo;s not what&rsquo;s best for the project. I want this to succeed, and that unfortunately meant going dark for a while. I hope the folks in the RomeSweetRome subreddit see this little mash note. I miss em.
</i></blockquote>
Ah, what a shame.  What could have been a fun, collaborative process that really involved and built on the community -- <i>who would have loved it</i> -- instead becomes a lame "lawyered-up" situation with "locked-down IP rights."  Sorry, WB, but you missed the whole point.<br /><br /><a href="http://www.techdirt.com/articles/20111017/02544416380/warner-bros-buys-story-that-was-written-reddit-comments-then-tells-author-to-stop-redditing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111017/02544416380/warner-bros-buys-story-that-was-written-reddit-comments-then-tells-author-to-stop-redditing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111017/02544416380/warner-bros-buys-story-that-was-written-reddit-comments-then-tells-author-to-stop-redditing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wb,-you're-doing-it-wrong</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111017/02544416380</wfw:commentRss>
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<pubDate>Wed, 10 Aug 2011 12:01:00 PDT</pubDate>
<title>Fark Gets Patent Troll To Settle For Nothing... Did Reddit Pay Up?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110810/11263115465/fark-gets-patent-troll-to-settle-nothing-did-reddit-pay-up.shtml</link>
<guid>http://www.techdirt.com/articles/20110810/11263115465/fark-gets-patent-troll-to-settle-nothing-did-reddit-pay-up.shtml</guid>
<description><![CDATA[ Last summer we wrote about an absolutely ridiculous patent troll, named Gooseberry Natural Resources LLC, who holds a ridiculously broad patent (<a href="http://www.google.com/patents/about?id=EOELAAAAEBAJ&#038;dq=6,370,535" target="_blank">6,370,535</a>) that it claimed covered the basic concept of <a href="http://www.techdirt.com/articles/20100720/00442110286.shtml">generating a press release online</a>, which it then used to sue a bunch of companies who had been in business since way before the patent was issued.  At the beginning of this year, we noted that Gooseberry tried to expand the definition of what the patent covered, and sued <a href="http://www.techdirt.com/articles/20110113/03334712652/reddit-digg-fark-slashdot-techcrunch-others-sued-over-ridiculous-online-press-release-patent.shtml">a bunch of tech sites you probably read</a>, including Fark, Reddit, Slashdot, TechCrunch and Digg.  As we noted at the time, as with most patent trolls, Gooseberry was just a shell company, and the real owners of the patent were a secret.  Tragically, even with the combined investigative power of those sites, no one was able to piece together who <a href="http://www.techdirt.com/articles/20110114/22252012690/still-trying-to-track-down-who-controls-patent-used-against-reddit-digg-fark-slashdot-techcrunch.shtml">really</a> owns that patent.
<br /><br />
In February, Drew from Fark explained why patent trolling is so incredibly detrimental.  Unlike most other bogus lawsuits, you <a href="http://www.techdirt.com/articles/20110216/00380213121/fark-points-out-that-even-though-it-doesnt-come-close-to-infringing-patent-it-still-has-to-go-to-court.shtml">can't</a> just point out that the patent has absolutely nothing to do with your business and get the case dismissed.  You basically have to go to court and spend hundreds of thousands, if not millions, of dollars to fight it.  This is what makes patent trolling so successful.  It's cheaper to just pay up.  In fact, patent trolls totally rely on this, because going to court is expensive for them too -- and they <a href="http://www.techdirt.com/articles/20100924/02132911143/vast-majority-of-software-patents-in-lawsuits-lose.shtml">almost always lose</a>.  So they have just as much incentive to avoid court as the folks being sued, in many cases.
<br /><br />
So it's awesome to hear that Drew <a href="http://www.fark.com/comments/blog235" target="_blank">stared down Gooseberry and got them to agree to "settle" for absolutely nothing</a>.  Even more amazing is that he convinced them to wipe out the "standard" NDA on a patent troll settlement.  Almost every settlement includes an ironclad non-disclosure agreement which says you can't say what the amount of the settlement was.  This means that even if you pay nothing, they still tell the world that you "settled" and imply it was for millions and talk up how this proves their patent is valid.  Not in this case:
<blockquote><i>
Their patent had nothing to do with Fark. The patent troll realized we were going to fight them instead of settle, so they asked for our best offer. I said how about you get nothing and drop the lawsuit? They accepted.
<br /><br />
Normally, we wouldn't be able to talk about any of the details. Terms of patent lawsuit settlements are usually bound by ironclad nondisclosure agreements. NDAs allow patent trolls to extract maximum settlements from each entity they've filed lawsuits against - as a result no one knows who paid what. In the last round of settlement negotiations we asked to strike the NDA provision. They agreed (and to the attorneys out there reading this, I'm as baffled as you are).
<br /><br />
Striking the NDA was crucial because I wanted to be able to tell everyone what really happened: we didn't pay them a single dime
</i></blockquote>
Unfortunately, Drew also notes that Conde Nast (the owners of Reddit) also "settled" this week, which probably means they paid something (not much), though I wonder if they were able to ditch the NDA as well.  It sounds like TechCrunch/AOL is still fighting this (and hopefully will be emboldened by Drew talking publicly about getting them to back down).  Still, the bigger point is how much of a toll this kind of thing takes on businesses.  Fark is quite successful, but this kind of thing could have destroyed it.  As someone who is too often threatened by completely bogus lawsuit threats, I certainly can understand the <i>emotional</i> impact these things can take on someone, which Drew discusses as well:
<blockquote><i>
At any rate, this bullshiat is finally over. It was a nightmare. Imagine someone breaking into your home, then being forced to sit on the couch while their lawyers file motions over how much stuff they can take. My wife Heather said my first draft of this post sounded too angry, probably due to the fact that every third word was an f-bomb (among other things I paraphrased our best one-time settlement offer as "how about jack sh*t and go f*ck yourself", which may be a more accurate depiction of how I really felt at the time). I won't lie though, I was angry and I am still. Too much money was wasted on this, too many sleepless nights, too many hours away from running Fark, and all this because someone else decided that suing companies for bearing a vague resemblance to their patent (patents they don't even appear to use themselves) is a good business model. We're short a full-time employee thanks to these douchebags.
</i></blockquote>
People who cheer on trolls and bogus lawsuits have no idea what a massive emotional impact such bogus lawsuits have on legitimate businesses.  Kudos to Drew for not just standing up to one and winning in pretty much every conceivable way, but also being willing to express just what kind of emotional impact these kinds of bullshit lawsuits have on people.<br /><br /><a href="http://www.techdirt.com/articles/20110810/11263115465/fark-gets-patent-troll-to-settle-nothing-did-reddit-pay-up.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110810/11263115465/fark-gets-patent-troll-to-settle-nothing-did-reddit-pay-up.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110810/11263115465/fark-gets-patent-troll-to-settle-nothing-did-reddit-pay-up.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-feed-the-trolls</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110810/11263115465</wfw:commentRss>
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<pubDate>Thu, 30 Jun 2011 01:03:41 PDT</pubDate>
<title>Doctor Plans To Appeal Ruling That Said Complaining About His Bedside Manner Was Not Defamation</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110629/03411314906/doctor-plans-to-appeal-ruling-that-said-complaining-about-his-bedside-manner-was-not-defamation.shtml</link>
<guid>http://www.techdirt.com/articles/20110629/03411314906/doctor-plans-to-appeal-ruling-that-said-complaining-about-his-bedside-manner-was-not-defamation.shtml</guid>
<description><![CDATA[ We recently wrote about a court ruling against a doctor who tried to sue someone who wrote some bad reviews about the doctor's bedside manner online.  Thankfully, the court ruled that those reviews <a href="http://www.techdirt.com/articles/20110507/00044314194/court-says-complaining-about-doctors-bedside-manner-is-not-defamation.shtml">were not defamatory</a>.  The court noted that the guy posting the material was clearly not happy with Dr. David McKee, but that:
<blockquote><i>
"In modern society, there needs to be some give and take, some ability for parties to air their differences.... Today, those disagreements may take place on various Internet sources. Because the medium has changed, however, does not make statements of this sort any more or less defamatory."
</i></blockquote>
Now, a smart doctor might take that lesson and move forward, and perhaps look into ways to respond reasonably to complaints.  Or, there's Dr. David McKee, who has announced that <a href="http://www.duluthnewstribune.com/event/article/id/202704/" target="_blank">he has "no choice" but to appeal the ruling</a>.  That's actually wrong.  He has plenty of choices.  For example, he could <b>not</b> appeal the ruling.
<br /><br />
Amusingly, part of the reason that Dr. McKee is apparently filing the appeal is because he claims that the same guy started writing a bunch more critical messages about him online after the ruling came out.  However, the guy, Dennis Laurion, insists that he hasn't posted anything since the lawsuit began, and suggests that perhaps all of those anti-McKee posts came about because of the negative publicity associated with the lawsuit.  Specifically, he notes that "there was an influx of Internet chatter about McKee after a link to a story about McKee appeared on the high-traffic website reddit.com."  So what next?  Will Dr. McKee try to sue a bunch of Reddit posters too?  I'm sure that will go over well...<br /><br /><a href="http://www.techdirt.com/articles/20110629/03411314906/doctor-plans-to-appeal-ruling-that-said-complaining-about-his-bedside-manner-was-not-defamation.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110629/03411314906/doctor-plans-to-appeal-ruling-that-said-complaining-about-his-bedside-manner-was-not-defamation.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110629/03411314906/doctor-plans-to-appeal-ruling-that-said-complaining-about-his-bedside-manner-was-not-defamation.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-isn't-helping-your-cause</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110629/03411314906</wfw:commentRss>
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<pubDate>Thu, 17 Mar 2011 13:40:00 PDT</pubDate>
<title>Actor Finds Tons Of New Fans Who Didn't Even Know They Knew Him: Go Talk To People On Reddit</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110315/12583413512/actor-finds-tons-new-fans-who-didnt-even-know-they-knew-him-go-talk-to-people-reddit.shtml</link>
<guid>http://www.techdirt.com/articles/20110315/12583413512/actor-finds-tons-new-fans-who-didnt-even-know-they-knew-him-go-talk-to-people-reddit.shtml</guid>
<description><![CDATA[ Wes sends in a very cool example of someone figuring out a unique way to connect with fans (and giving them some reasons to buy).  Character actor, Stephen Tobolowsky, has appeared in a ton of movies and TV shows and many people probably recognize him, but have no idea who he is.  For example, he played Ned Ryerson, the insurance salesman in <i>Groundhog Day</i>.  Anyway, he's writing short fiction stories and figured he might as well play up his "who is that guy?" style of fame on Reddit and put up <a href="http://www.reddit.com/r/IAmA/comments/g3qf5/iama_character_actor_who_was_a_appeared_in_over/" target="_blank">an "ask me anything" (AMA) post at Reddit</a> that also linked to his works on Amazon (which he's also offering <a href="http://www.amazon.com/Cautionary-Tales-Kindle-Single-ebook/dp/B004PLNIPE" target="_blank">cheaply</a> at $1.99 a pop).  And then, of course, he stuck around and answered a bunch of questions.  It's simple, yes, but it's a great example of someone <a href="http://www.techdirt.com/articles/20091119/1634117011.shtml">connecting with fans</a> while including a neat little reason to buy as well.<br /><br /><a href="http://www.techdirt.com/articles/20110315/12583413512/actor-finds-tons-new-fans-who-didnt-even-know-they-knew-him-go-talk-to-people-reddit.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110315/12583413512/actor-finds-tons-new-fans-who-didnt-even-know-they-knew-him-go-talk-to-people-reddit.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110315/12583413512/actor-finds-tons-new-fans-who-didnt-even-know-they-knew-him-go-talk-to-people-reddit.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>connecting-with-fans</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110315/12583413512</wfw:commentRss>
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<item>
<pubDate>Tue, 18 Jan 2011 07:06:39 PST</pubDate>
<title>Still Trying To Track Down Who Controls Patent Used Against Reddit, Digg, Fark, Slashdot &#038; TechCrunch</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110114/22252012690/still-trying-to-track-down-who-controls-patent-used-against-reddit-digg-fark-slashdot-techcrunch.shtml</link>
<guid>http://www.techdirt.com/articles/20110114/22252012690/still-trying-to-track-down-who-controls-patent-used-against-reddit-digg-fark-slashdot-techcrunch.shtml</guid>
<description><![CDATA[ We recently wrote about a patent (<a href="http://www.google.com/patents/about?id=EOELAAAAEBAJ&#038;dq=6,370,535" target="_blank">6,370,535</a>) around a system for generating a news or press release online, which is being used by a shell company called Gooseberry Natural Resources to <a href="http://www.techdirt.com/articles/20110113/03334712652/reddit-digg-fark-slashdot-techcrunch-others-sued-over-ridiculous-online-press-release-patent.shtml">sue a ton of companies</a>, including aggregators like Reddit, Fark, Digg &#038; Delicious, as well as blogs like Slashdot and TechCrunch.  One of the issues around the patent is that it's currently held by a shell company, owned by another shell company, and all anyone knows is who the lawyers are, rather than who actually controls the patent.  This is all too common in cases of patent trolling, where a series of shell companies are set up to obfuscate who really holds the patent.
<br /><br />
We wondered if the enterprising folks at Reddit might be able to dig out some more info, and they <a href="http://www.reddit.com/r/WTF/comments/f1nim/reddit_digg_fark_slashdot_techcrunch_others_sued/" target="_blank">took up the challenge</a>.  Unfortunately, so far, all they've been able to do is suss out a few more shell companies -- and lawyers representing them -- but no clear info about who's really pulling the strings here.  You can read through that long comment thread, but for a quick summary, the original inventors of the patent, Eileen C. Shapiro and Steven J. Mintz, may or may not still have some association with it.  Eileen <a href="http://thepriorart.typepad.com/the_prior_art/2010/07/gooseberry-natural-resources-patents-press-releases.html" target="_blank">refuses to comment</a>, saying she was "under NDA" on the matter.
<br /><br />
However, others did note that among the pair's other patents are two (<a href="http://www.google.com/patents/about?id=Fk_RAAAAEBAJ&#038;dq=7,725,347" target="_blank">7,725,347</a> and <a href="http://www.google.com/patents/about?id=Wg9_AAAAEBAJ&#038;dq=7,184,968" target="_blank">7,184,968</a>) that are both being <a href="http://news.priorsmart.com/blackstone-river-v-eharmony-l3sz/" target="_blank">used</a> in <a href="http://www.rfcexpress.com/lawsuit.asp?id=67758" target="_blank">another lawsuit</a>, this one filed by "Blackstone River LLC" against eHarmony, Match.com, Plentyoffish and a few other online dating sites.
<br /><br />
Meanwhile, the original assignee for the patent, NewsGems LLC (which was apparently owned by Mintz), later <a href="http://assignments.uspto.gov/assignments/q?db=pat&#038;qt=pat&#038;reel=&#038;frame=&#038;pat=6370535&#038;pub=&#038;asnr=&#038;asnri=&#038;asne=&#038;asnei=&#038;asns=" target="_blank">assigned the patent to another operation, Kolomoki Mounds LLC</a>.  Separately, filed with this lawsuit is the <a href="http://imgur.com/a/QqmQV" target="_blank">statement of interested parties</a>, which lists Kolomoki Mounds LLC, Gooseberry Natural Resources LLC and a third company Transmogrification Security AG LLC.
<br /><br />
Separately, as we had already known originally, the <a href="http://docs.justia.com/cases/federal/district-courts/texas/txedce/2:2010cv00210/123654/3/" target="_blank">parent company of Gooseberry is Vertigo Holdings LLC</a>.  It turns out that Vertigo Holdings <i>also</i> is <a href="http://www.rfcexpress.com/lawsuit.asp?id=67758" target="_blank">the parent company of Blackstone River LLC</a> -- the same company we mentioned above using two other patents by the same inventors to sue a bunch of dating sites.  Hmm.  
<br /><br />
One of the Reddit comments <a href="http://www.reddit.com/r/WTF/comments/f1nim/reddit_digg_fark_slashdot_techcrunch_others_sued/c1co0mk" target="_blank">also lists</a> two other "sibling" companies allegedly owned by Vertigo: Fowler Woods LLC and Wolf Run Hollow LLC.  Fowler Woods made some news last year for <a href="http://dockets.justia.com/docket/texas/txedce/2:2010cv00035/120770/" target="_blank">suing</a> a ton of online radio offerings for patent infringement, including Pandora and Slacker, as well as a bunch of media sites, including <a href="http://chicagoradioandmedia.com/news/658-chicago-based-accuradio-others-sued-over-patent" target="_blank">the Huffington Post, Glam Media</a> and AH Belo -- who is also one of the companies sued in this case that we've been discussing. The patent in question (<a href="http://www.google.com/patents/about?id=j9sKAAAAEBAJ&#038;dq=6,351,736" target="_blank">6,351,736</a>) in that lawsuit was not a Shapiro/Mintz invention, but by some others.  Meanwhile, Wolf Run Hollow has been <a href="http://dockets.justia.com/docket/texas/txedce/2:2010cv00484/126556/" target="_blank">suing a ton of banks</a> and <a href="http://www.cutimes.com/Exclusives/2010/7/Pages/Patent-Troll-Reaches-Out-to-Credit-Unions.aspx" target="_blank">credit unions</a> over a different patent (<a href="http://www.google.com/patents/about?id=uqgEAAAAEBAJ&#038;dq=6,115,817" target="_blank">6,115,817</a>), which claims to broadly cover sending secure messages over an insecure network (no, seriously).  Wolf Run Hollow appears to have been <a href="http://www.corporationwiki.com/New-Jersey/Kinnelon/wolf-run-hollow-llc/39427839.aspx" target="_blank">created by Vertigo</a>.
<br /><br />
Unfortunately, that's about where the sleuthing runs out... and it really doesn't tell us that much.  We already knew that Vertigo was the parent company, and who owns/runs Vertigo is secret.  We did learn that another company owned by Vertigo is using more patents from the same inventors to sue more companies, but that's about it.  Either way, as a basic exercise, it certainly teaches you a fair amount about the sneaky and hidden nature of how patent trolls operate, with layer upon layer of shell companies, changing patent assignments and licenses, all of which hide whoever is actually pulling the strings.  It really does make you wonder how this kind of thing does anything whatsoever to improve innovation.<br /><br /><a href="http://www.techdirt.com/articles/20110114/22252012690/still-trying-to-track-down-who-controls-patent-used-against-reddit-digg-fark-slashdot-techcrunch.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110114/22252012690/still-trying-to-track-down-who-controls-patent-used-against-reddit-digg-fark-slashdot-techcrunch.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110114/22252012690/still-trying-to-track-down-who-controls-patent-used-against-reddit-digg-fark-slashdot-techcrunch.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>making-progress</slash:department>
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<pubDate>Thu, 18 Nov 2010 09:21:11 PST</pubDate>
<title>Reddit's Altruism Compared To 4chan's Trollism</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101113/22385711859/reddit-s-altruism-compared-to-4chan-s-trollism.shtml</link>
<guid>http://www.techdirt.com/articles/20101113/22385711859/reddit-s-altruism-compared-to-4chan-s-trollism.shtml</guid>
<description><![CDATA[ There's a wonderful saying that I keep seeing get passed around lately, that:
<blockquote><i>
Reddit makes me like people I've never met, while Facebook makes me hate people I know in real life.
</i></blockquote>
While I believe the quote actually started with Twitter in place of Reddit, there's certainly an element of truth there (no matter which service you're talking about).  <a href="http://twitter.com/mathewi/status/3646842411687937" target="_blank">Mathew Ingram</a> points us to an excellent listing of <a href="http://voltier.com/2010/11/12/reddits-astonishin-altruism/" target="_blank">some amazing stories of altruism performed by the Reddit community</a>.  The post lists out 25 separate -- and often quite amazing -- stories of true altruism from the Reddit community.  It's really quite an uplifting piece, and if you've spent time in the Reddit community, you're sure to recognize many of these stories.
<br /><br />
It's also a nice antidote to all the claims we hear from people who think that the "online mobs" out there only perform acts of malice and attacks.  Of course, stories of such things are often dominated by stories of sites like 4chan. But what really strikes me about all of this is that in my experience, it often feels like there are many of the same people who hang out on both sites. While I'm sure there are many who spend time on one or the other, in the Venn Diagram of both communities, I would imagine there's a fair bit of overlap.  And yet, people always talk about how the 4chan (mainly /b/) community is the worst of the worst when it comes to doing despicable things, and here's a situation in which perhaps the very same people are seen doing amazing things.  There's even <a href="http://www.reddit.com/r/pics/comments/d8pxw/" target="_blank">one "crossover" story</a>, involving a situation that originated on 4chan, where someone had posted an image of an upcoming 90th birthday party of a guy who... looked a bit lonely in the picture (his family later denied this...).  However, both the 4chan and the Reddit communities jumped onto this and decided to "cheer the guy up," sending him tons of presents, and even having a bunch of folks (from both communities) show up at his party.
<br /><br />
I'm not sure exactly what this all means, but it does seem like the rather simplistic story you often hear in the media about the "hurtful" nature of online communities is often ignoring that the very same people can be amazingly helpful at times as well.<br /><br /><a href="http://www.techdirt.com/articles/20101113/22385711859/reddit-s-altruism-compared-to-4chan-s-trollism.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101113/22385711859/reddit-s-altruism-compared-to-4chan-s-trollism.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101113/22385711859/reddit-s-altruism-compared-to-4chan-s-trollism.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-are-they-the-same-people?</slash:department>
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<pubDate>Thu, 14 Oct 2010 14:39:02 PDT</pubDate>
<title>How Is It That A Random Comment On Reddit Leads To Your Friend Getting Tracked By The FBI?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml</link>
<guid>http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml</guid>
<description><![CDATA[ Last week, we wrote about the guy who <a href="http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml">found an FBI tracking device on his car</a>.  His friend then posted the pics to Reddit, leading the FBI to show up at the original guy's house, demanding the tracking device back.  One odd part of the story is that in the discussion that ensued, the law enforcement agents showed the guy a post his friend (the one on Reddit) had made.  This is how Wired described that part of the story:
<blockquote><i>
Afifi retrieved the device from his apartment and handed it over, at which point the agents asked a series of questions -- did he know anyone who traveled to Yemen or was affiliated with overseas training? One of the agents produced a printout of a blog post that Afifi's friend Khaled allegedly wrote a couple of months ago. It had "something to do with a mall or a bomb," Afifi said. He hadn't seen it before and doesn't know the details of what it said. He found it hard to believe Khaled meant anything threatening by the post.
<br /><br />
"He's a smart kid and is not affiliated with anything extreme and never says anything stupid like that," Afifi said. "I've known that guy my whole life."
</i></blockquote>
Someone in our comments quickly <a href="http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml#c284">pointed out</a> that the "blog post" in question was actually a <a href="http://www.reddit.com/r/AskReddit/comments/ciiag/so_if_my_deodorant_could_be_a_bomb_why_are_you/c0sve5q" target="_blank">comment on Reddit</a> that was in response to a discussion about silly security procedures, and the entire comment reads:
<blockquote><i>
bombing a mall seems so easy to do. i mean all you really need is a bomb, a regular outfit so you arent the crazy guy in a trench coat trying to blow up a mall and a shopping bag. i mean if terrorism were actually a legitimate threat, think about how many fucking malls would have blown up already.. you can put a bag in a million different places, there would be no way to foresee the next target, and really no way to prevent it unless CTU gets some intel at the last minute in which case every city but LA is fucked...so...yea...now i'm surely bugged : /
</i></blockquote>
I'm having trouble seeing how <i>anyone</i> could read that and think there's anything suspicious at all about it.  But, as <a href="http://www.schneier.com/blog/archives/2010/10/the_fbi_is_trac.html" target="_blank">Bruce Schneier notes</a>, what's really bizarre is how that comment doesn't just lead to the guy being tracked, but <i>his friend</i> having his movements tracked.
<blockquote><i>
If they're doing this to someone so tangentially connected to a vaguely bothersome post on an obscure blog, just how many of us have tracking devices on our cars right now -- perhaps because of this blog?
</i></blockquote>
Schneier also wonders how many people are combing through the depths of sites like Reddit to totally misread comments out of context, and then using them to start surveilling someone's whereabouts.<br /><br /><a href="http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-doesn't-seem-right</slash:department>
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<pubDate>Fri, 21 Aug 2009 12:39:00 PDT</pubDate>
<title>Reddit, Sears, Grills That Cook Babies... And The Streisand Effect</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090821/0213555950.shtml</link>
<guid>http://www.techdirt.com/articles/20090821/0213555950.shtml</guid>
<description><![CDATA[ Adam sends in a link to a <a href="http://www.reddit.com/r/AskReddit/comments/9clji/where_did_my_post_about_searscoms_urlhackable/" target="_blank">Reddit story</a> where it comes out that someone (not entirely sure who) decided to push Reddit to take down an earlier story.  Apparently Sears.com had some oddity in how content on its e-commerce site was displayed, and with a little URL-hacking some folks were able to create a Sears.com e-commerce page for <a href="http://www.tmz.com/2009/08/20/the-perfect-grill-for-a-cannibal/" target="_new">a barbecue grill designed to cook babies</a>:
<center>
<img src="http://farm4.static.flickr.com/3574/3841582987_e54e6a7129.jpg">
</center>
Pretty amusing, and obviously something that Sears wasn't all that happy about.  Sears's <a href="http://www.foxnews.com/story/0,2933,541221,00.html?test=latestnews" target="_blank">explanation for what happened</a> doesn't quite make much sense, but what would you expect?
<blockquote><i>
We discovered earlier today that someone visiting our site had defaced a limited number of product pages
</i></blockquote>
It wasn't so much "defacing" from the sound of it, as it was a bug in the way the site was set up, but, what doesn't make much sense is that <i>someone</i> then forced Reddit to remove its original thread discussing Sears' URL hackability.  It's not at all clear who specifically got Reddit to take down the thread, though an admin admits that he was told to take it down.  The obvious list of culprits, of course, would be Sears and Conde Nast (owners of Reddit).
<br><br>
Still, it should come as no surprise that the Reddit community doesn't take kindly to the idea that someone (whoever it might be) can dictate that a Reddit thread get deleted when it's not spam.  So, now they've been pumping up this particular story <i>about</i> Reddit pulling down the thread, giving the whole story much more attention.  Wouldn't it just have been better to fix the URL-hackability and let things be?<br /><br /><a href="http://www.techdirt.com/articles/20090821/0213555950.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090821/0213555950.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090821/0213555950.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>have-at-it</slash:department>
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