<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0"
xmlns:dc="http://purl.org/dc/elements/1.1/"
xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
xmlns:wfw="http://wellformedweb.org/CommentAPI/">
<channel>
<title>Techdirt. Stories filed under &quot;trolls&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
<language>en-us</language>
<image><title>Techdirt. Stories filed under &quot;trolls&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 7 Nov 2012 14:50:00 PST</pubDate>
<title>Did Some Web Designer Troll Rick Santorum? 4chan's Moot Pictured On Santorum's Website</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121107/11151420962/did-some-web-designer-troll-rick-santorum-4chans-moot-pictured-santorums-website.shtml</link>
<guid>http://www.techdirt.com/articles/20121107/11151420962/did-some-web-designer-troll-rick-santorum-4chans-moot-pictured-santorums-website.shtml</guid>
<description><![CDATA[ This one is just funny.  First noticed by folks on <a href="http://www.reddit.com/r/4chan/comments/12s9r2/rick_santorum_uses_moots_image_in_a_promotion_on/" target="_blank">Reddit</a>, former Presidential candidate Rick Santorum -- perhaps most well known among internet kids for the <a href="http://en.wikipedia.org/wiki/Campaign_for_%22santorum%22_neologism" target="_blank">Google bombing of his name</a> to associate it with... something unpleasant -- apparently has a picture of Chris Poole, better known as moot, the creator of the web's most popular home for internet trolls, 4chan (and yes, there's much more at 4chan, but... ).  
<center>
<a href="http://imgur.com/mE9Mt"><img src="http://i.imgur.com/mE9Mt.png" width=500 /></a>
</center>
The folks over at Betabeat investigated and <a href="http://betabeat.com/2012/11/why-is-former-presidential-candidate-rick-santorum-using-a-picture-of-4chan-founder-moot-on-his-website/" target="_blank">confirmed that a web design firm</a> built the site, though it's unclear if moot's picture was the work of a sneaky, trolling web designer... or just an attempt to find "regular-looking" people to populate Santorum's site.
<blockquote><i>
Patriot Voices used the startup <a href="http://www.nationbuilder.com/">Nation Builder</a>, a web tool kit for community organizers, as a platform for the site. A representative for Nation Builder told Betabeat that the site was designed by an outside designer at the Pittsburgh-based political consulting and&nbsp;advertising&nbsp;firm&nbsp;<a href="http://www.brabendercox.com/">Brabender Cox</a>.
<br /><br />
<a href="http://www.bizjournals.com/pittsburgh/search?q=Premier+Election+Solutions">Dubbed</a> &#8220;the premier Republican spin doctors,&#8221; Brabender Cox has a longstanding history of working to promote Republican candidates. In addition to doing work for Mr. Santorum, they&#8217;ve also <a href="http://www.brabendercox.com/our-work.jsp">created</a> viral videos and advertising content for&nbsp;politicians&nbsp;like Republican Senator Tom Coburn and Republican Mayor of Indiana Greg Ballard.
</i></blockquote>
Betabeat reached out to the organization but hasn't heard back yet.
<br /><br />
Oh, and if you're wondering, it seems likely that the use of the work is copyright infringement.  It was pulled from Poole's <a href="http://en.wikipedia.org/wiki/Christopher_Poole" target="_blank">Wikipedia page</a>, and the image is <a href="http://en.wikipedia.org/wiki/File:Moot_smiling_at_ROFLCon_II.jpg" target="_blank">Creative Commons licensed</a>, but part of that license is that attribution is required.  There doesn't seem to be any such attribution.  Oops.<br /><br /><a href="http://www.techdirt.com/articles/20121107/11151420962/did-some-web-designer-troll-rick-santorum-4chans-moot-pictured-santorums-website.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121107/11151420962/did-some-web-designer-troll-rick-santorum-4chans-moot-pictured-santorums-website.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121107/11151420962/did-some-web-designer-troll-rick-santorum-4chans-moot-pictured-santorums-website.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hilarious</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121107/11151420962</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 8 Oct 2012 19:50:11 PDT</pubDate>
<title>Human Rights Group Deploys An 'Empathy Test' Captcha System To Help Sites Fend Off Trolls</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121006/12430920629/human-rights-group-deploys-empathy-test-captcha-system-to-help-sites-fend-off-trolls.shtml</link>
<guid>http://www.techdirt.com/articles/20121006/12430920629/human-rights-group-deploys-empathy-test-captcha-system-to-help-sites-fend-off-trolls.shtml</guid>
<description><![CDATA[ Fact: if you have a site with any amount of traffic and open comment threads, you&#39;re going to <a href="http://www.techdirt.com/articles/20110926/16014916101/trolls-dont-need-to-be-anonymous-not-all-anonymous-people-are-trolls.shtml" target="_blank">draw trolls</a>. There&#39;s no method that&#39;s been proven to completely rid your site of trolls, though not for a lack of trying. (<a href="http://drupal.org/project/misery" target="_blank">This one</a> is particularly mischevious.) Various sites have tried anything from aggressive moderation to requiring Facebook logins... all to no avail. (Although the latter method has proven that certain people are more than willing to troll without the protection of anonymity.)<br />
<br />
<a href="http://www.wired.com/threatlevel/2012/10/empathy-captcha" target="_blank">A new anti-troll tool from a rather unlikely source has just been unveiled</a>, one that hopes to combine the "fun" of solving captchas with something akin to a "blush response:"
<blockquote>
<i>A human rights group is introducing a new take on CAPTCHAs, those little boxes that make you type in a word to prove you are human before you can comment or register for a site. Their version doesn&rsquo;t just present a scrambled word to be deciphered, but instead forces a person to choose the right word to unscramble based on the proper emotional response to a human rights violation.</i><br />
<br />
<i>Civil Rights Defenders, the Swedish-based group that developed the tool, hopes the Civil Rights Captcha will help sites block spiders and bots, while letting humans in &mdash; and hopefully educating the humans at the same time...</i><br />
<br />
<i>But perhaps forcing a troll to repeatedly choose an empathetic response will, over time, soothe the ravages of comment sections around the net. Okay, that might also be asking too much, but at the very least spreading information about human rights abuses certainly can&rsquo;t hurt, even if the jerks of the internet (see, for example, YouTube comments) remain beyond help.</i></blockquote>
That&#39;s right. It&#39;s <a href="http://www.technovelgy.com/ct/content.asp?Bnum=126" target="_blank">Voight-Kampff</a> for comment threads. Instead of trying to parse a set of <a href="http://www.techdirt.com/articles/20070524/174116.shtml" target="_blank">badly scanned words</a> and <a href="http://tech.slashdot.org/story/12/03/29/2055228/google-using-recaptcha-to-decode-street-addresses" target="_blank">Street View cam house numbers</a>, <a href="http://captcha.civilrightsdefenders.org/#what_is" target="_blank">Civil Rights CAPTCHA</a> instead asks you how you <i>feel</i> about certain horrific situations, hoping that you&#39;ll make the "right" decision before spewing your vitriol and ignorance into the now-unlocked comment box.<br />
<br />
While its heart is certainly in the right place, the implementation still requires captchas, something most users would rather not encounter every time they make a comment. (Yes, I know. But sometimes, decent , non-trolling humans don&#39;t want to "create an account" or "enter an email address" in order to participate.)&nbsp;On top of that is the fact that each captcha has only one "right" answer, making the system more than a little heavy-handed in its moralizing. This assumes that your regular, non-troll commenters are going to be fine with being preached at while jumping through hoops. It also assumes that all dedicated trolls are morons incapable of deducing the (obviously) "right" reaction to each situation presented.<br />
<br />
This particular captcha service might prove useful in limited situations, like being pre-loaded with questions related to a particular cause or event being discussed/promoted at the website deploying it. It also might prove popular with the sort of people who are willing to annoy a certain percentage of their community in order to "raise awareness." It will become a form of penance for those involved, much like forwarding "concerned" emails and switching Facebook statuses to show support. You know, the sort of thing that will morph into "I solved Captchas for world peace. What will YOU do?" t-shirts popping up on Cafepress.<br />
<br />
I can&#39;t see this solving the troll problem, but I can see it annoying most of a user base, leaving the site deploying it with a smaller audience consisting of people who like being moralized at frequently. Like any other captcha, the spambots and trolls will find a way around it, with the only ones affected being decent human beings, which would seem to be the sort of "demographic" you&#39;d want to annoy <i>less</i>. Pushing them through a "think our way or hit the road" filtering system doesn&#39;t make trolls any less prevalent or make non-decent human beings any more "decent."<br /><br /><a href="http://www.techdirt.com/articles/20121006/12430920629/human-rights-group-deploys-empathy-test-captcha-system-to-help-sites-fend-off-trolls.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121006/12430920629/human-rights-group-deploys-empathy-test-captcha-system-to-help-sites-fend-off-trolls.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121006/12430920629/human-rights-group-deploys-empathy-test-captcha-system-to-help-sites-fend-off-trolls.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>because-i-love-being-talked-down-to-by-a-dialog-box</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121006/12430920629</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 1 Oct 2012 07:18:30 PDT</pubDate>
<title>Copyright Trolls Still Arguing That Open WiFi Is 'Negligent'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120929/00200120548/copyright-trolls-still-arguing-that-open-wifi-is-negligent.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120929/00200120548/copyright-trolls-still-arguing-that-open-wifi-is-negligent.shtml</guid>
<description><![CDATA[ We've written a few times now about the argument used by some copyright trolls that leaving WiFi open is <a href="http://www.techdirt.com/articles/20110331/01112213706/not-securing-your-internet-access-to-block-infringement-is-negligence.shtml">negligence</a>.  This has become a common claim in cases where an accused defendant claims they did not do any unauthorized file sharing of the work(s) in question, but that since their WiFi is open, it could have been just about anyone who accessed the network.  The trolls are trying to wipe out this defense by arguing anyone who leaves their WiFi open is "negligent."  So far, however, the courts have completely and thoroughly <a href="http://www.techdirt.com/blog/wireless/articles/20120912/15040320363/yet-another-court-says-youre-not-negligent-if-someone-uses-your-open-wifi-to-infringe.shtml">rejected</a> this argument multiple times.  It's basically dead.
<br /><br />
But, apparently, that doesn't stop some from still trotting it out.  The CopyrightClerk site has the news of a <a href="http://copyrightclerk.com/2012/09/27/ruggiero-argues-negligence/" target="_blank">recently filed lawsuit by Daniel Ruggiero</a>, which has a number of claims -- with the final one being the same old negligence theory.
<blockquote><i>
Defendant had a duty to secure his Internet connection. Defendant breached that duty by failing to secure his Internet connection.
<br /><br />
Reasonable Internet users take steps to secure their Internet access accounts preventing the use of such accounts for an illegal purpose. Defendant&#8217;s failure to secure his Internet access account, thereby allowing for its illegal use, constitutes a breach of the ordinary care that a reasonable Internet account holder would do under like circumstances.
</i></blockquote>
Of course, there is absolutely nothing that supports those two statements, and the previous courts looking at such claims have already made that clear.  Those rulings may not be precedential on this court (eastern district, Pennsylvania), but judges often are interested in how others have ruled on similar issues.  One hopes that the defendant in this case, Andrew Burdziak, will make sure whoever represents him makes the judge aware of those other rulings.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120929/00200120548/copyright-trolls-still-arguing-that-open-wifi-is-negligent.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120929/00200120548/copyright-trolls-still-arguing-that-open-wifi-is-negligent.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120929/00200120548/copyright-trolls-still-arguing-that-open-wifi-is-negligent.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no,-it's-not</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120929/00200120548</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 4 Sep 2012 14:36:00 PDT</pubDate>
<title>4Chan Reroutes Promotional Contest, Lines Taylor Swift Up For A Concert At The Horace Mann School For The Deaf</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20120831/18494920234/4chan-reroutes-promotional-contest-lines-taylor-swift-up-concert-horace-mann-school-deaf.shtml</link>
<guid>http://www.techdirt.com/articles/20120831/18494920234/4chan-reroutes-promotional-contest-lines-taylor-swift-up-concert-horace-mann-school-deaf.shtml</guid>
<description><![CDATA[ Hey, various musicians, celebrities and sponsors! How would you like a swift lesson in Crowdsourcing Your Ignominy? What&#39;s that? You&#39;d rather not? Oh... I see...<br />
<br />
OK. I&#39;ll pass that alo--<br />
<br />
<b>LESSON IN PROGRESS........<br />
PLEASE STAND BY</b><br />
<br />
Lessons (un)learned to date:
<ul>
<li>
Time Magazine says "Vote for Person of the Year" and opens the polls up to <a href="http://musicmachinery.com/2009/04/27/moot-wins-time-inc-loses/" target="_blank">4chan&#39;s robot army</a> without so much as a captcha to slow them down.</li>
</ul>
<ul>
<li>
Cuban rapper <a href="http://www.techdirt.com/articles/20120718/18350719751/internet-wins-again-writer-gets-rapper-pitbull-exiled-to-alaskan-walmart.shtml" target="_blank">Pitbull teams up with Big Retail</a> (Wal-Mart) to push energizing breath strips in the store receiving the most "Likes." Boston Phoenix writer teams with army of goons to send Pitbull (and the writer himself) to Kodiak, Alaska.</li>
</ul>
<ul>
<li>
Edgy beverage company invites internet users to <a href="http://www.techdirt.com/articles/20120814/14544720050/famous-prankster-internet-hijacks-another-promotional-campaign.shtml" target="_blank">name new MTN Dew flavor</a> and is somehow shocked the suggestions contain a mixture of grotesque sexual imagery and Hitler references. Local favorite "<a href="http://www.techdirt.com/articles/20120814/14544720050/famous-prankster-internet-hijacks-another-promotional-campaign.shtml#c122" target="_blank">Methamphetagreen</a>" fails to place in the top 10.</li>
</ul>
<p>
Enter corporate sponsors Chegg (textbooks) and Papa Johns Pizza (um... pizza), a marketing force deemed nigh invulnerable after drafting country music sweetheart Taylor Swift. The plan? Open up the polls to The Internet and <a href="http://gawker.com/5939192/internet-trolls-vote-to-send-taylor-swift-to-perform-at-school-for-the-deaf">allow It to choose which lucky school will be receiving $10,000 and a concert starring Ms. Swift</a>.<br />
<br />
Precautions were taken. Entrants could only vote once per day and had to log in through Facebook (and "Like" Taylor Swift) in order to select a school. Voters could gain extra votes by "Liking" other sponsors&#39; pages and buying Taylor Swift&#39;s latest single. The polls were opened and, as is often the case, members of 4chan were the first several thousand people in line.<br />
<br />
Shortly thereafter, a <a href="http://taylorswiftoncampus.com/" target="_blank">certain school shot out to an insurmountable lead</a>. Pack your ASL interpreter, Taylor. You&#39;re headed to Horace Mann School for the Deaf!</p>
<center>
<img alt="" src="http://i.imgur.com/zDp5D.png" style="width: 499px; height: 234px; " /></center>
<p>
Like most things 4chan reroutes, it makes you laugh before you realize how heartless you sound LOLing away at a potential bunch of deaf kids. ("Potential" meaning Swift has the option to turn down the winning school. But she <i>wouldn&#39;t</i>, would she?) Of course, there&#39;s some honest laughter to be had at the decidedly less cruel thought that Swift&#39;s music is best left unheard.<br />
<br />
Horace Mann had cleared 50K votes as of last Friday night, so it&#39;s unlikely that (barring any sponsor interference) another school will suddenly outpace it. This isn&#39;t necessarily the most heartless thing 4chan has conjured up. If nothing else, Horace Mann will be receiving $10,000. There&#39;s also the good possibility that Swift will play a concert at the school. The effort won&#39;t be completely wasted, as <a href="http://www.reddit.com/r/funny/comments/z2egs/god_damnit_4chan_you_are_amazing/c60wcp0" target="_blank">this Redditor points out</a>:
<blockquote>
<i>I get the humor but those deaf kids are going to fucking love it! Most deaf can hear a certain degree with residual hearing, hearing aids and CI&#39;s. Not to mention those deaf kids who are profoundly deaf and don&#39;t wear any assistive devices will enjoy the visual stimulation of the show.</i></blockquote>
So, there&#39;s that. The music will still be appreciated on some level by the attendees. Oddly enough, this looks like another PR win by the time all is said and done. Swift will play a well-received concert at Horace Mann. Five schools will receive $10,000. Visuals will be stimulated. And somehow, 4chan will have inadvertently <a href="http://www.reddit.com/r/funny/comments/z2egs/god_damnit_4chan_you_are_amazing/c60wpbm" target="_blank">trolled up a massively good deed</a>, adding yet another incongruous layer to its mythology.</p>
<center>
<img alt="" src="http://i.imgur.com/Zy3eF.png" style="width: 501px; height: 155px; " /></center>
<p>
And, on the one-in-a-million chance that Swift turns this gig down, I humbly suggest these gentlemen fill in.</p>
<center>
<p>
<iframe allowfullscreen="" frameborder="0" height="360" src="http://www.youtube.com/embed/Iw1Fm61HBA8" width="480"></iframe>
</p></center><br /><br /><a href="http://www.techdirt.com/articles/20120831/18494920234/4chan-reroutes-promotional-contest-lines-taylor-swift-up-concert-horace-mann-school-deaf.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120831/18494920234/4chan-reroutes-promotional-contest-lines-taylor-swift-up-concert-horace-mann-school-deaf.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120831/18494920234/4chan-reroutes-promotional-contest-lines-taylor-swift-up-concert-horace-mann-school-deaf.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-your-personal-army-but-quite-possibly-your-personal-botnet</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120831/18494920234</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 19 Jul 2012 19:04:00 PDT</pubDate>
<title>State Department Wants To Troll Terrorists Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120718/04203919742/state-department-wants-to-troll-terrorists-online.shtml</link>
<guid>http://www.techdirt.com/articles/20120718/04203919742/state-department-wants-to-troll-terrorists-online.shtml</guid>
<description><![CDATA[ It's no secret that various extremists and terrorists groups use the internet just like everyone else.  And, of course, there are places where they communicate.  Some politicians, like Joe Lieberman, think that the way you should respond to this is by having companies <a href="http://www.techdirt.com/articles/20111227/14482217207/senator-joe-lieberman-follows-up-his-report-blog-as-terrorist-letter-asking-twitter-to-block-pro-taliban-feeds.shtml">censor any account</a> that appears to be connected to terrorist organizations that he doesn't like.  That this might cause such marginalized groups to feel even more persecuted and angry never seems to cross his mind.
<br /><br />
Of course, that's not the only approach.  Spencer Ackerman, over at Wired's Danger Room blog, has a fascinating story about a guy at the State Department (with almost no budget) who is trying to ramp up a plan, called Viral Peace, which is basically all about <a href="http://www.wired.com/dangerroom/2012/07/counterterrorism-trolls/all/" target="_blank">using social media to troll terrorists and extremists online</a> in the hope of convincing some to give up.
<blockquote><i>
The program, called Viral Peace, seeks to occupy the virtual space that extremists fill, one thread or Twitter exchange at a time. Shahed Amanullah, a senior technology adviser to the State Department and Viral Peace&#8217;s creator, tells Danger Room he wants to use &#8220;logic, humor, satire, [and] religious arguments, not just to confront [extremists], but to undermine and demoralize them.&#8221; Think of it as strategic trolling, in pursuit of geopolitical pwnage.
</i></blockquote>
While I certainly appreciate this idea more than the outright censorship plan that Lieberman seems to like, I do wonder if the program might backfire by doing the exact opposite of what they're trying to do.  Trolling has its place and can rile people up, but I'm not sure it's ever effective in getting anyone to change their position.  In fact, it can often make people dig their heels in even deeper...<br /><br /><a href="http://www.techdirt.com/articles/20120718/04203919742/state-department-wants-to-troll-terrorists-online.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120718/04203919742/state-department-wants-to-troll-terrorists-online.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120718/04203919742/state-department-wants-to-troll-terrorists-online.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>because-that'll-make-them-change-their-minds</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120718/04203919742</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 22 Jun 2012 15:00:24 PDT</pubDate>
<title>Police Send SWAT Team, Break Into Wrong House (With TV Film Crew) In Response To Internet Troll</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120622/14493419440/police-send-swat-team-break-into-wrong-house-with-tv-film-crew-response-to-internet-troll.shtml</link>
<guid>http://www.techdirt.com/articles/20120622/14493419440/police-send-swat-team-break-into-wrong-house-with-tv-film-crew-response-to-internet-troll.shtml</guid>
<description><![CDATA[ We've heard of police very frequently overreacting to things and sending in SWAT teams when they aren't necessary.  We've also heard of them sending SWAT teams to the wrong place.  But this latest story, found via <a href="https://twitter.com/radleybalko/status/216233062432903168" target="_blank">Radley Balko</a> (who tracks these things like no other) may be the most insane yet.  It involves police <a href="http://www.courierpress.com/news/2012/jun/22/swat-team-enters-home-people-inside-arent/" target="_blank">sending a SWAT team and breaking into the wrong house (whose front door was open)</a> in response to some internet trolls.  I'm not kidding.
<br /><br />
The issue was that on a Topix community forum for Evansville, Indiana, someone claimed that a list of police staff had been "leaked."  Some trolls in the comments spoke out against the police -- and one certainly went too far, suggesting that a certain officer's house was going to be shot up.  Rather than <i>investigating</i> the issue, the police got some info on where the comment came from (or, rather, where they thought the comment came from) and sent the SWAT team <i>and a TV news crew</i> to the home of Ira and Louise Milan -- whose <i>front door was open</i>.  Now, they could have rang the doorbell and spoken to them.  But, instead, they broke down the screen door, broke the front window, and tossed a flashbang into the living room.
<br /><br />
And... all for naught.  While they seized a bunch of computer equipment, it turns out that no one in the house had anything to do with anything.  Something they could have ascertained by, you know, talking to people in the house.  The police are defending their massive overreaction because.... <i>the internet!!!!</i>
<blockquote><i>
&#8220;This is a little more difficult that a traditional crime scene, because we&#8217;re dealing with the Internet. They definitely weren&#8217;t expecting (a SWAT team at the door). The reason we did that is the threats were specific enough, and the potential for danger was there.
<br /><br />
&#8220;This is a big deal to us,&#8221; Cullum said. &#8220;This may be just somebody who was online just talking stupid. What I would suggest to anybody who visits websites like that is that their comments can be taken literally.&#8221;
</i></blockquote>
Yes, so because the police might overreact, you should watch what you say online. And also always be ready for a SWAT team to show up, in case a stranger you know nothing about says something bad online. After all, it's "the internet."<br /><br /><a href="http://www.techdirt.com/articles/20120622/14493419440/police-send-swat-team-break-into-wrong-house-with-tv-film-crew-response-to-internet-troll.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120622/14493419440/police-send-swat-team-break-into-wrong-house-with-tv-film-crew-response-to-internet-troll.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120622/14493419440/police-send-swat-team-break-into-wrong-house-with-tv-film-crew-response-to-internet-troll.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wow</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120622/14493419440</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 23 Apr 2012 19:29:00 PDT</pubDate>
<title>Valve Tries To Charge People Based On How Likable They Are: Trolls Pay Full Price</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120420/13454718591/valve-tries-to-charge-people-based-how-likable-they-are-trolls-pay-full-price.shtml</link>
<guid>http://www.techdirt.com/articles/20120420/13454718591/valve-tries-to-charge-people-based-how-likable-they-are-trolls-pay-full-price.shtml</guid>
<description><![CDATA[ We've talked plenty of times about unique <a href="http://www.techdirt.com/blog/casestudies/articles/20120309/10571518053/valves-comprehensive-strategy-shows-how-to-go-fee-to-free-increase-revenue-twelve-fold.shtml">business models</a> and <a href="http://www.techdirt.com/articles/20100210/0021598104.shtml">experiments</a> by Valve Software.  it's latest experiment sounds particularly interesting, if perhaps difficult to pull off well.  It appears that the company wants to try to <a href="http://www.develop-online.net/news/40568/Valve-DOTA-2-will-be-a-new-kind-of-free-to-play" target="_blank">charge jerks more -- but let likable people play free</a> (story found <a href="http://games.slashdot.org/story/12/04/20/1917205/pay-less-if-youre-a-nice-person-valves-freemium-model-for-dota-2?utm_source=slashdot&#038;utm_medium=twitter" target="_blank">via Slashdot</a>).  The specifics are a bit vague, but the plan is for the game DOTA 2.  Valve's Gabe Newell has hinted at this:
<blockquote><i>
"The issue that we're struggling with quite a bit is something I've kind of talked about before, which is how do you properly value people's contributions to a community?&#8221; he said, reflecting on a discussion he had with Develop last year.
<br /><br />
Last year Newell told <a href="http://www.develop-online.net/features/1192/Gabe-Newell-on-Valve" target="_blank">Develop</a> that &#8220;the games industry has this broken model, which is one price for everyone. That&#8217;s actually a bug, and it&#8217;s something that we want to solve through our philosophy of how we create entertainment products".
<br /><br />
[....]
<br /><br />
&#8220;An example is &#8211; and this is something as an industry we should be doing better &#8211; is charging customers based on how much fun they are to play with.
<br /><br />
&#8220;So, in practice, a really likable person in our community should get Dota 2 for free, because of past behaviour in Team Fortress 2. Now, a real jerk that annoys everyone, they can still play, but a game is full price and they have to pay an extra hundred dollars if they want voice.&#8221;
</i></blockquote>
And the latest news is that they are going beyond this crazy idea into seeing what's actually possible:
<blockquote><i>
&#8220;We're trying to figure out ways so that people who are more valuable to everybody else [are] recognized and accommodated. We all know people where if they're playing we want to play, and there are other people where if they're playing we would [rather] be on the other side of the planet.
<br /><br />
"It's just a question of coming up with mechanisms that recognize and reward people who are doing things that are valuable to other groups of people."
</i></blockquote>
I'm curious as to how exactly this would work.  I think there are lots of community-based properties would love to be able to charge trolls more.  However, this could be really, really difficult to work in practice, and create some problems, depending on what the overall goals are.  It would be nice, of course, if you could come up with a perfect system to get rid of trolls, but distinguishing true trolls can often be much more difficult in practice than in theory.<br /><br /><a href="http://www.techdirt.com/articles/20120420/13454718591/valve-tries-to-charge-people-based-how-likable-they-are-trolls-pay-full-price.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120420/13454718591/valve-tries-to-charge-people-based-how-likable-they-are-trolls-pay-full-price.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120420/13454718591/valve-tries-to-charge-people-based-how-likable-they-are-trolls-pay-full-price.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>perhaps-we-should-try-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120420/13454718591</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 2 Mar 2012 15:10:00 PST</pubDate>
<title>Lawsuit Against US Copyright Group For Fraud &#038; Extortion Moves Forward</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120302/12214917952/lawsuit-against-us-copyright-group-fraud-extortion-moves-forward.shtml</link>
<guid>http://www.techdirt.com/articles/20120302/12214917952/lawsuit-against-us-copyright-group-fraud-extortion-moves-forward.shtml</guid>
<description><![CDATA[ US Copyright Group was the <a href="http://www.techdirt.com/articles/20100330/1132478790.shtml">first</a> of the US-based copyright trolls, suing thousands of individuals in a single lawsuit, trying to get them to pay up (rather than going through an actual trial).  US Copyright Group is really a front for a DC law firm, Dunlapp, Grubb &#038; Weaver.  One of its very first "big" lawsuits was against about 5,000 people for supposedly partaking in the sharing of Uwe Boll's <i>Far Cry</i>.  Of course, as we had noted, there was a pretty big problem in the <i>Far Cry</i> lawsuit, in that the US copyright registration was <a href="http://www.techdirt.com/articles/20100331/1443278816.shtml">filed too late</a> for many of the accusations of infringement.
<br /><br />
Partly on the basis of the registration problems, Dmitriy Shirokov (with the law firm Booth Sweet) <a href="http://www.techdirt.com/articles/20101129/03500012040/us-copyright-group-sued-extortion-conspiracy-fraud.shtml">sued US Copyright Group, DGW and its key lawyers</a> for fraud, extortion and conspiracy back in 2010.  DGW shot back angrily, claiming that it's perfectly fine for for lawyers to <a href="http://www.techdirt.com/articles/20110127/02244112853/us-copyright-group-lawyers-suggest-theyre-allowed-to-lie-to-people-theyre-demanding-cash.shtml">lie to the court</a>, if it's part of the course of litigation:
<blockquote><i>
"Although an attorney may be accused of defrauding opposing parties, knowingly committing discovery abuses, lying to the court, or purposely and maliciously defaming another individual, if it takes place during the course of litigation, the conduct simply is not actionable," 
</i></blockquote>
Of course, the threats and extortion weren't actually "during the course of litigation."  DGW also claimed that there was no "harm" for Shirokov, because he didn't settle, and thus hadn't paid up.  DGW then went even further, asking for sanctions against Shirokov and Booth Sweet, claiming that it was actually them who were filing lawsuits for "improper purpose."
<br /><br />
The court has now ruled in response to DGW's motion to dismiss, and it seems pretty clear that <a href="http://boothsweet.com/news/booth-sweet-prevails-over-motions-to-dismiss-and-motion-for-sanctions-in-far-cry-litigation/" target="_blank">the judge is <b>not</b> impressed by DGW <i>at all</i></a>.  The motion to dismiss was rejected and the class action lawsuit against the company moves forward.
<blockquote><i>
Judge Boal recommended that the motion for dismissal be denied in significant part. The defendants had argued that Mr. Shirokov was not entitled to sue them at all, since he wised up before paying their demands, and his claimed injuries were out-of-pocket costs of investigating the threats. They claimed that the Noerr-Pennington  privilege, an antitrust doctrine, prevented any liability. And they argued that lawyers and their clients have absolute immunity for even intentional torts, or in DGW&#8217;s words: &#8220;although an attorney may be accused of defrauding opposing parties, knowingly committing discovery abuses, lying to the court, or purposely and maliciously defaming another individual, if it takes place during the course of litigation, the conduct simply is not actionable.&#8221; Just think about that one for a minute.
<br /><br />
Judge Boal thoroughly debunked each of those claims. The fees Mr. Shirokov incurred in investigating the trumped-up copyright claims constitute an injury-in-fact that gives him standing to sue. The Massachusetts litigation privilege does not apply to threats of litigation that are not seriously contemplated in good faith. And the Noerr-Pennington antitrust doctrine did not apply outside of antitrust law, and even the First Amendment right to petition isn&#8217;t an absolute protection for litigation threats. 
</i></blockquote>
It's important to note that, in this case, it's the specific issue of the non-registered copyrights that is key.  That is, the lawsuit isn't about the general practice of copyright trolling -- but the fact that it was done using claims and demands that were not true (e.g., the statutory damages if found guilty of sharing, even though such statutory damages were not available for a work that hadn't been registered).
<br /><br />
Along those lines, the court didn't completely side with Shirokov, saying that some of the racketeering and fraud charges should be dismissed.  But, large parts of the lawsuit survive and will move forward -- which doesn't seem like a good thing for DGW or US Copyright Group.  Perhaps, next time, they'll check the copyright registration before filing suit.<br /><br /><a href="http://www.techdirt.com/articles/20120302/12214917952/lawsuit-against-us-copyright-group-fraud-extortion-moves-forward.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120302/12214917952/lawsuit-against-us-copyright-group-fraud-extortion-moves-forward.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120302/12214917952/lawsuit-against-us-copyright-group-fraud-extortion-moves-forward.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>conduct-is-actionable,-it-seems</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120302/12214917952</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 9 Feb 2012 05:20:24 PST</pubDate>
<title>BBC Tracks Down And Confronts An Internet Troll</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120208/04462317701/bbc-tracks-down-confronts-internet-troll.shtml</link>
<guid>http://www.techdirt.com/articles/20120208/04462317701/bbc-tracks-down-confronts-internet-troll.shtml</guid>
<description><![CDATA[ Lots of people wonder what internet trolls are thinking in trying to get their kicks out of being as obnoxious as possible online... and some folks at the BBC apparently were able to <a href="http://news.cnet.com/8301-17852_3-57372861-71/bbc-confronts-facebook-troll/?tag=mncol;cnetRiver" target="_blank">track down and confront an individual</a> who had a reputation for highly obnoxious trolling -- writing mean messages on Facebook tribute pages for people who were murdered.  I'm not a huge fan of "confrontation" journalism, which feels pretty manufactured, but there is something amusing about watching the guy try to ignore the issue for a while, before realizing he can't resist and he has to respond.  It's kind of a form of reverse trolling, where he fell for it...
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/1kFNYuteAjA?rel=0" frameborder="0" allowfullscreen></iframe>
</center>
When asked if he thinks about the people he's hurting online he responds, "Yeah, I think fuck 'em."  Then he goes on to talk about how it's nothing illegal, and that Facebook is an open forum so he can say whatever he wants.  The BBC points out that some of what he's saying may be illegal (under UK law), and he brushes it off, apparently responding to an earlier point that said someone got nine weeks in jail for similar statements, by saying "nine weeks, what's that?"
<br /><br />
It's not the most enlightening of interviews, but given the general interest some people have in trolling, I figured some folks might find it interesting.<br /><br /><a href="http://www.techdirt.com/articles/20120208/04462317701/bbc-tracks-down-confronts-internet-troll.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120208/04462317701/bbc-tracks-down-confronts-internet-troll.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120208/04462317701/bbc-tracks-down-confronts-internet-troll.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>in-case-you're-wondering</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120208/04462317701</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 5 Dec 2011 14:59:52 PST</pubDate>
<title>Should Inventors Take Responsibility When Their Patents End Up In Troll Suits?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111203/01482116965/should-inventors-take-responsibility-when-their-patents-end-up-troll-suits.shtml</link>
<guid>http://www.techdirt.com/articles/20111203/01482116965/should-inventors-take-responsibility-when-their-patents-end-up-troll-suits.shtml</guid>
<description><![CDATA[ There was a recent post on the Patent Examiner blog about yet another patent troll who's been <a href="http://patentexaminer.org/2011/11/patrick-curry-callertone-innovations-pjc-logistics/" target="_blank">suing a ton of companies with a variety of patents</a>.  Among recent lawsuits there was one against General Motors, Ford, Mercedes-Benz, BMW of North America, Rolls-Royce, Hyundai, KIA and ATX Group for using GPS systems to track cars, and two more against  AT&#038;T, Verizon, Sprint Nextel, MetroPCS, T-Mobile and others over patents  <a href="http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&#038;Sect2=HITOFF&#038;p=1&#038;u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&#038;r=1&#038;f=G&#038;l=50&#038;d=PALL&#038;RefSrch=yes&#038;Query=PN%2F7852995">7,852,995 </a>and <a href="http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&#038;Sect2=HITOFF&#038;p=1&#038;u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&#038;r=1&#038;f=G&#038;l=50&#038;d=PALL&#038;RefSrch=yes&#038;Query=PN%2F7860225">7,860,225</a>, titled &ldquo;Method and apparatus for selectively providing messages in telecommunications systems."
<br /><br />
As with many troll patents, the troll company has zero relationship with the actual inventor on the patents.   The author of the article, Gregory Thomas, tracked down the inventor on those last two patents, one Jonathan Streitzel, an entrepreneur and inventor.  When asked about these lawsuits, Streitzel pointed out:
<blockquote><i>
&ldquo;I don&rsquo;t know the details, I just invent shit.&rdquo;
</i></blockquote>
And, to be clear, this is a perfectly reasonable response.  At some point he sold off the patents.  Neither Streitzel nor his attorney are willing to talk about the details, since apparently there was some sort of "confidentiality agreement," which is all too standard in selling patents to trolling operations these days.  But, at some point, should the inventors at least take on some responsibility if their patents are being used to shake down companies and stifle innovation?
<br /><br />
There's obviously no <i>legal</i> responsibility.  But it does make me wonder if there's an ethical issue.  We hear all the time from entrepreneurs who go out and patent things because they feel they have to: either some of their investors insist that they need patents or they do so to start stockpiling a defensive patent portfolio in case some practicing entity hits them with a patent lawsuit.  They all seem to admit that it's a "necessary evil," and say that they'll never assert those patents themselves.  But... at some point, the patents get sold.  Often a company fails and the patents are a remaining asset.  Or it just becomes too lucrative to not sell the patents.
<br /><br />
And, while it's not clear if that happened in the situation above with Strietzel, we hear all the time about entrepreneurs who unwillingly got patents, only to later discover those patents were being used in trolling suits.  Should those inventors speak up?<br /><br /><a href="http://www.techdirt.com/articles/20111203/01482116965/should-inventors-take-responsibility-when-their-patents-end-up-troll-suits.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111203/01482116965/should-inventors-take-responsibility-when-their-patents-end-up-troll-suits.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111203/01482116965/should-inventors-take-responsibility-when-their-patents-end-up-troll-suits.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>perhaps-not...-but...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111203/01482116965</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 27 Sep 2011 08:57:10 PDT</pubDate>
<title>Trolls Don't Need To Be Anonymous, And Not All Anonymous People Are Trolls</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110926/16014916101/trolls-dont-need-to-be-anonymous-not-all-anonymous-people-are-trolls.shtml</link>
<guid>http://www.techdirt.com/articles/20110926/16014916101/trolls-dont-need-to-be-anonymous-not-all-anonymous-people-are-trolls.shtml</guid>
<description><![CDATA[ <a href="https://twitter.com/#!/normative/statuses/118457589641134081" target="_blank">Julian Sanchez</a> points us to the latest in a series of ridiculously uninformed editorials <a href="http://communities.washingtontimes.com/neighborhood/media-migraine/2011/sep/26/internet-trolls-anonymity-and-first-amendment/" target="_blank">whining about the evils of anonymity online</a>.  This one is by Gayle Falkenthal in the Washington Times.  The premise, apparently, is that anonymity only made sense in the past, when the internet was "immature."
<blockquote><i>
When the Internet was new, its nature bred the protective philosophy of embracing anonymity as a counterweight to the potential for sacrificing some of your personal privacy to participate.
<br /><br />
The Internet has matured. Anonymity has become counterproductive and even damaging. If you&rsquo;re willing to stand up and render a public opinion, you should reveal your identity. The time has come to limit the ability of people to remain anonymous.
</i></blockquote>
That first sentence makes no sense.  Anonymity didn't just spring up because of the internet.  And it had nothing to do with being a "counterweight to the potential for sacrificing some of your personal privacy to participate."  That's someone making up history.  As for anonymity being counterproductive?  I think we can go with a big, fat [citation needed] and move on.  And, by moving on, I mean moving on to more broad brush stereotypes that have little basis in reality:
<blockquote><i>
Early adopters were iconoclasts, rule breakers and social misfits. Nerds targeted in the real world by bullies could push back without facing any personal risk. Anonymity plus anger bred boldness in the form of bad behavior. And so, the Troll was born.
</i></blockquote>
This bugs me, because it's been discussed time and time again.  We've pointed out that some of our most trollish commenters are not anonymous, while some of our best commenters are anonymous.  Can trollish commenters be anonymous?  Yes.  Does that mean anonymity is at fault?  No.
<blockquote><i>
Anonymous commenting should become a thing of the past. Anonymity allows trolls to breed. Let&rsquo;s admit it, chalk it up to being a good idea that failed, and end the practice.
</i></blockquote>
It's only failed if you have a bad community, don't engage with your community and let the trolls take over.  In our experience, anonymity has made it easier for lots of people to counteract trollish comments, provide facts and data, and to keep our comments vibrant and interesting.
<blockquote><i>
Those arguing for anonymity claim that free speech will be squelched because individuals might fear reprisals at work or among friends and family when their personal opinions are made public. Some speech doesn&rsquo;t deserve a forum. Anonymity creates real and lasting harm when people are hit with false accusations and name-calling attacks. There is no way to tell if a damning restaurant review is written by a competitor or disgruntled employee. 
</i></blockquote>
That's not an issue of anonymity. If people are hit with false accusations, there are defamation laws on the books to deal with it.  If there's a damning restaurant review written by a competitor or a disgruntled employee, there are mechanisms to deal with that (such as lots more good reviews from actual customers).
<blockquote><i>
When our nation was being formed, Thomas Paine and Benjamin Franklin stood behind their incendiary, treasonous views in public even at the risk of being hanged for what they said.
</i></blockquote>
I was about to point out that Thomas Paine's big contribution to the public discourse was <a href="http://en.wikipedia.org/wiki/Common_Sense_%28pamphlet%29" traget="_blank"><i>Common Sense</i></a> which was <b>published anonymously</b>, but I skipped ahead to the end where Falkenthal tells us that herself:
<blockquote><i>
The First Amendment guarantees freedom of speech, but not anonymity. If you want to be anonymous, create your own blog and become the modern version of a Colonial pamphleteer. Some high quality pamphlets were written anonymously, like Thomas Paine&rsquo;s Common Sense, but most went into the trashcan of history. Just like those long forgotten pamphleteers, modern anonymous blogsites full of insults and rants will not long be remembered.
</i></blockquote>
So, uh, wait.  Which is it?  Is it that Thomas Paine stood behind his incendiary treasonous views, or that he published them anonymously.  It appears that even Falkenthal is confused.  Furthermore, the last two sentences appears to undermine her entire argument.  If these anonymous comments are just going into the trashcan of history and "will not long be remembered," then why do we need to ban them?
<br /><br />
It seems like her argument is that anonymous speech is evil because it's mean and doubly horrible because no one pays attention to it.  Honestly, her column -- with her name on it -- seems a lot more troll-like than an awful lot of "anonymous" comments we see these days.<br /><br /><a href="http://www.techdirt.com/articles/20110926/16014916101/trolls-dont-need-to-be-anonymous-not-all-anonymous-people-are-trolls.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110926/16014916101/trolls-dont-need-to-be-anonymous-not-all-anonymous-people-are-trolls.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110926/16014916101/trolls-dont-need-to-be-anonymous-not-all-anonymous-people-are-trolls.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>setting-the-record-straight</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110926/16014916101</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 16 Sep 2011 10:03:35 PDT</pubDate>
<title>Straw Man</title>
<dc:creator>Nina Paley</dc:creator>
<link>http://www.techdirt.com/articles/20110915/06261815962/straw-man.shtml</link>
<guid>http://www.techdirt.com/articles/20110915/06261815962/straw-man.shtml</guid>
<description><![CDATA[ <p><a href="http://mimiandeunice.com/2011/09/15/straw-man/"><img src="http://mimiandeunice.com/wp-content/uploads/2011/09/ME_463_StrawMan-640x199.png" alt="" title="Straw Man" width="560px" height="174px" /></a>
<br /><br />
Definition of <a href="http://en.wikipedia.org/wiki/Straw_man">straw man</a></p><a href="http://mimiandeunice.com/2011/09/15/straw-man/"></a><br /><br /><a href="http://www.techdirt.com/articles/20110915/06261815962/straw-man.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110915/06261815962/straw-man.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110915/06261815962/straw-man.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>informal-fallacy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110915/06261815962</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 14 Sep 2011 10:30:39 PDT</pubDate>
<title>Internet Troll Jailed In The UK For Being A Jerk Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110914/02380815946/internet-troll-jailed-uk-being-jerk-online.shtml</link>
<guid>http://www.techdirt.com/articles/20110914/02380815946/internet-troll-jailed-uk-being-jerk-online.shtml</guid>
<description><![CDATA[ We've written a few times in the past about various attempts to outlaw "being a jerk" online.  These efforts are often well meaning, but pretty dangerous from the standpoint of any sort of belief in free speech.  Being a jerk is silly and obnoxious, but it shouldn't be illegal.  However, as a whole bunch of you have sent in, over in the UK, they feel differently.  An internet troll who mocked a variety of dead people to their grieving friends and families has been <a href="http://www.guardian.co.uk/uk/2011/sep/13/internet-troll-jailed-mocking-teenagers" target="_blank">sentenced to jail</a> for "sending malicious communications."  He got 18 weeks as the judge said, "You have caused untold distress to already grieving friends and family."
<br /><br />
This is troubling on any number of levels.  Most specifically, it's exceptionally worrisome when you base punishment on how someone responds to speech made by someone else.  Yes, the comments were obnoxious and totally classless and uncalled for.  But, whether or not they cause "distress" should not be the basis for judging whether or not they're legal.  There are lots of things that someone can say that would cause distress, but that shouldn't make it illegal to say them.  This certainly opens up a can of worms over just what kind of speech is so distressing that it gets you jail time.   Either way, if you're from the UK, be careful what you post in our comments going forward.  It apparently could get you jail time.<br /><br /><a href="http://www.techdirt.com/articles/20110914/02380815946/internet-troll-jailed-uk-being-jerk-online.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110914/02380815946/internet-troll-jailed-uk-being-jerk-online.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110914/02380815946/internet-troll-jailed-uk-being-jerk-online.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>4chan-/b/-just-got-worried</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110914/02380815946</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 10 Aug 2011 07:47:22 PDT</pubDate>
<title>Motion To Quash Against Copyright Troll Explains How IP Address Does Not ID User</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110808/01533615427/motion-to-quash-against-copyright-troll-explains-how-ip-address-does-not-id-user.shtml</link>
<guid>http://www.techdirt.com/articles/20110808/01533615427/motion-to-quash-against-copyright-troll-explains-how-ip-address-does-not-id-user.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=jdoe668">That Anonymous Coward</a> alerts us to a recently filed <a href="http://ia700703.us.archive.org/33/items/gov.uscourts.ilnd.258511/gov.uscourts.ilnd.258511.1.0.pdf" target="_blank">"motion to quash"</a> (pdf) one of the many subpoenas that copyright troll lawyer John Steele has been trying to get courts to issue.  After running into <a href="http://www.techdirt.com/articles/20110524/00163114408/judge-tells-john-steele-to-stop-mass-suing-anonymous-people-file-sharing.shtml">trouble</a> convincing judges in his home state of Illinois, it appears that Steele has branched out.  This latest involves a lawsuit filed in the Northern District of California, where (unfortunately) Magistrate Judge Howard Lloyd went ahead and allowed early discovery and the issuance of subpoenas.  While this is standard in many cases, more and more courts have begun realizing it is not appropriate in these copyright trolling cases where the sole purpose is to identify users to try to pressure them into settling.
<br /><br />
While there have certainly been many motions to quash, this one made some particularly good points that seemed worth highlighting.  First, it explains that IP addresses are not like fingerprints and do not identify a user (my emphasis):
<blockquote><i>
The Third Degree Films complaint and ex parte request for expedited discovery form yet another in a wave of suits in which copyright infringement plaintiffs seek to &ldquo;tag&rdquo; a defendant based solely on an IP address. <b>However, an IP address is not equivalent to a person or entity. It is not a fingerprint or DNA evidence &ndash; indeed, far from it</b>. In a remarkably similar case in which an adult entertainment content producer also sought expedited discovery to learn the identity of persons associated with IP addresses, United States District Judge Harold Baker of the Central District of Illinois denied a motion for expedited discovery and reconsideration, holding that, <b>&ldquo;IP subscribers are not necessarily copyright infringers&hellip;The infringer might be the subscriber, someone in the subscriber&rsquo;s household, a visitor with her laptop, a neighbor, or someone parked on the street at any given moment.&rdquo;</b> Order of Apr. 29, 2011, VPR Internationale v. DOES 1-1017, No. 2:11-cv-02068 (Central District of Illinois) (Judge Harold A. Baker) [hereinafter VPR Internationale Order], attached hereto as Exhibit C. The point so aptly made by Judge Baker is that there may or may not be a correlation between the individual subscriber, the IP address, and the infringing activity. Id. The risk of false identification by ISPs based on internet protocol addresses is vividly illustrated by Judge Baker when <b>he describes a raid by federal agents on a home allegedly linked to downloaded child pornography. The identity and location of the subscriber were provided by the ISP (in the same fashion as Plaintiff seeks to extract such information from Wide Open West.) After the raid revealed no pornography on the family computers, federal agents eventually learned they raided the wrong home</b>. The downloads of pornographic material were traced to a neighbor who had used multiple IP subscribers&rsquo; Wi-Fi connections. Id. This risk of false identification and false accusations through disclosure of identities of internet subscribers is also presented here. Given the nature of the allegations and the material in question, should this Court force Wide Open West to turn over the requested information, DOE No. 605 would suffer a reputational injury.
</i></blockquote>
Separately, it notes that those using these tactics are using high pressure efforts to get people to pay up to settle:
<blockquote><i>
If the mere act of having an internet address can link a subscriber to copyright infringement suits, internet subscribers such as DOE No. 605 will face untold reputational injury, harassment, and embarrassment. The reputational risk that Judge Baker found to be an undue burden is equally presented here: &ldquo;[W]hether you&rsquo;re guilty or not, you look like a suspect.&rdquo; Id. at 3. Moreover, this case presents the same extortion risk that so concerned Judge Baker:
<blockquote>
&ldquo;Could expedited discovery be used to wrest quick settlements,
even from people who have done nothing wrong? The
embarrassment of public exposure might be too great, the legal
system too daunting and expensive, for some to ask whether VPR
has competent evidence to prove its case.&rdquo;
</blockquote>
Id. <b>Discovery is not a game. Yet, plaintiffs in these types of cases use discovery to extort settlements from anonymous defendants who wish to avoid the embarrassment of being publicly associated with this type of allegation. Id. Such abuse of the discovery process cannot be allowed to continue.</b>
</i></blockquote>
From there, it argues that since an IP address does not identify the user, the subpoena itself is invalid:
<blockquote><i>
Additionally, this subpoena should not have been issued in the first place because the information sought is not relevant to Plaintiff&rsquo;s allegations. Implicit in the rule granting subpoena power is a requirement that the subpoena seeks relevant information. See Syposs v. United States, 181 F.R.D. 224, 226 (W.D.N.Y. 1998)(&ldquo;the reach of a subpoena issued pursuant to [FED. R. CIV. P. 45] is subject to the general relevancy standard applicable to discovery under [FED. R. CIV. P. 26(b)(1)].&rdquo;). The information linked to an IP address cannot give you the identity of the infringer. VPR Internationale Order, at 2. Because the infringer could have been anybody with a laptop passing within range of the router, the information sought by Plaintiff is not relevant to the allegations in any way. Id. Moreover, even if the information has some small amount of relevance to the claim&mdash;which it does not&mdash;discovery requests cannot be granted if the quantum of relevance is outweighed by the quantum of burden to the defendant. FED. R. CIV. P. 26(b)(2)(C)(iii). Plaintiff&rsquo;s request fails that balancing test. Given that DOE No. 605 was only one of many persons who could have used the IP address in question, the quantum of relevance is miniscule at best. However, as discussed above, the burden to DOE No. 605 is severe. The lack of relevance on the one hand, measured against the severe burden of risking a significant reputational injury on the other, means that this subpoena fails the Rule 26 balancing test. Id. Plaintiff&rsquo;s request for information is an unjustified fishing expedition that will cause reputational injury, prejudice, and undue burden to DOE No. 605 if allowed to proceed. Good cause exists to quash the subpoena served on Wide Open West to compel the disclosure of the name, address, telephone number and e-mail address of DOE No. 605."<br />
</i></blockquote>
Nice to see more people fighting back against obvious fishing expeditions.  Hopefully more judges start realizing what these kinds of requests are really about.<br /><br /><a href="http://www.techdirt.com/articles/20110808/01533615427/motion-to-quash-against-copyright-troll-explains-how-ip-address-does-not-id-user.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110808/01533615427/motion-to-quash-against-copyright-troll-explains-how-ip-address-does-not-id-user.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110808/01533615427/motion-to-quash-against-copyright-troll-explains-how-ip-address-does-not-id-user.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>will-it-work?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110808/01533615427</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 8 Aug 2011 09:39:56 PDT</pubDate>
<title>Patent Troll Lawyers Smacked Down, Made To Pay Sanctions, For Mass Lawsuits Followed By Quick Settlement Offers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110805/17230815417/patent-troll-lawyers-smacked-down-made-to-pay-sanctions-mass-lawsuits-followed-quick-settlement-offers.shtml</link>
<guid>http://www.techdirt.com/articles/20110805/17230815417/patent-troll-lawyers-smacked-down-made-to-pay-sanctions-mass-lawsuits-followed-quick-settlement-offers.shtml</guid>
<description><![CDATA[ dwg points us to a fascinating ruling by CAFC in <a href="http://scholar.google.com/scholar_case?case=11633877893048755573&#038;hl=en&#038;as_sdt=2&#038;as_vis=1&#038;oi=scholarr" target="_blank">EON-NET LP v. FLAGSTAR BANCORP</a>, in which CAFC (who generally sides with patent holders) not only went against a patent troll, but also actually smacked the lawyers down with fairly large <a href="http://www.law.cornell.edu/rules/frcp/Rule11.htm" target="_blank">Rule 11 sanctions</a> for filing a bogus lawsuit, where the intent appeared to only be to get a company to pay up.  This ruling could become an interesting precedent not just in patent cases, but potentially in copyright trolling cases as well.  The court points out that Eon-Net had filed over 100 patent infringement lawsuits, following up each one quickly with an offer of settlement.  In this particular case, it was clear that Flagstar did not infringe on the patents in question.
<br /><br />
While the court found a variety of misconducts (including document destruction), where this ruling becomes potentially very damaging for all sorts of trolls -- both copyright and patent trolls alike -- is in the finding of "baseless litigation in bad faith."  Part of the reasoning here:
<blockquote><i>
In addition to finding that Eon-Net filed an objectively baseless infringement action, the district court also determined that Eon-Net filed the lawsuit in bad faith and for an improper purpose... In particular, the district court found that Eon-Net's case against Flagstar <b>had "indicia of extortion" because it was part of Eon-Net's history of filing nearly identical patent infringement complaints against a plethora of diverse defendants, where Eon-Net followed each filing with a demand for a quick settlement at a price far lower than the cost to defend the litigation.</b>
<br /><br />
The record supports the district court's finding that Eon-Net acted in bad faith by exploiting the high cost to defend complex litigation to extract a nuisance value settlement from Flagstar. At the time that the district court made its exceptional case finding, Eon-Net and its related entities, Millennium and Glory, <b>had filed over 100 lawsuits against a number of diverse defendants alleging infringement of one or more patents from the Patent Portfolio... Each complaint was followed by a "demand for a quick settlement at a price far lower than the cost of litigation, a demand to which most defendants apparently have agreed."</b>... In this case, as with the other cases, Eon-Net offered to settle using a license fee schedule based on the defendant's annual sales: $25,000 for sales less than $3,000,000; $50,000 for sales between $3,000,000 and $20,000,000; and $75,000 for sales between $20,000,000 and $100,000,000. Rule 11 Sanctions Order, at 3&mdash;4.
</i></blockquote>
Check out those bolded parts.  Sound familiar?
<br /><br />
The court notes that it's no surprise that most companies agree to settle.  This is important, because we regularly hear from patent system supporters insisting that when companies settle, it's proof that the patents are valid.  Yet, here, the court itself points out that's ridiculous:
<blockquote><i>
In this case, Flagstar expended over $600,000 in attorney fees and costs to litigate this case through claim construction. Supplemental Order on Fees and Costs, at 8&mdash;11. Viewed against Eon-Net's $25,000 to $75,000 settlement offer range, it becomes apparent why the vast majority of those that Eon-Net accused of infringement chose to settle early in the litigation rather than expend the resources required to demonstrate to a court that the asserted patents are limited to processing information that originates from a hard copy document. Thus, those low settlement offers&mdash;less than ten percent of the cost that Flagstar expended to defend suit&mdash; effectively ensured that Eon-Net's baseless infringement allegations remained unexposed, allowing Eon-Net to continue to collect additional nuisance value settlements.
</i></blockquote>
Separately, the court clearly noted the "non-practicing entity" part of the business in pointing out that, "As a non-practicing entity, Eon-Net was generally immune to counterclaims for patent infringement, antitrust, or unfair competition because it did not engage in business activities that would potentially give rise to those claims."
<br /><br />
In the end, the court agreed and allowed the district court's award of $141,984.70 for Rule 11 violations and another $489,150.48 in attorneys' fees.  The law firms rushing around to file patent and copyright trolling lawsuits in the hopes of getting quick settlements may want to take notice.<br /><br /><a href="http://www.techdirt.com/articles/20110805/17230815417/patent-troll-lawyers-smacked-down-made-to-pay-sanctions-mass-lawsuits-followed-quick-settlement-offers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110805/17230815417/patent-troll-lawyers-smacked-down-made-to-pay-sanctions-mass-lawsuits-followed-quick-settlement-offers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110805/17230815417/patent-troll-lawyers-smacked-down-made-to-pay-sanctions-mass-lawsuits-followed-quick-settlement-offers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>watch-out-righthaven...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110805/17230815417</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 18 Jul 2011 13:35:31 PDT</pubDate>
<title>App Developers Dropping Out Of US Out Of Fears Over Patent Lawsuits</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110718/04325415144/app-developers-dropping-out-us-out-fears-over-patent-lawsuits.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110718/04325415144/app-developers-dropping-out-us-out-fears-over-patent-lawsuits.shtml</guid>
<description><![CDATA[ A whole bunch of you have been submitting this story about how mobile app developers around the globe have begun <a href="http://www.guardian.co.uk/technology/appsblog/2011/jul/15/app-developers-withdraw-us-patents" target="_blank">pulling their apps from the US Apple iOS and Android Market stores</a> because they're afraid of getting hit by patent lawsuits in the US.  This shouldn't surprise anyone.  Plenty of folks in the tech industry have been warning for well over a decade about the problems with our patent system and how it's basically being used to extract money from innovators, rather than to encourage innovation.  The article quotes a bunch of developers, some of whom say that they're "concerned about my future as a software developer due to these patent issues."
<br /><br />
At what point will people finally admit that the system is broken?  Totally and completely broken?
<br /><br />
And yet, what did Congress do?  It took them five or six years, but they passed a totally toothless bit of patent reform that won't address a single one of the problems we all know are facing the system.  But how can people deny that the patent system is a problem when it's clearly keeping innovation <i>out</i> of the US market?<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110718/04325415144/app-developers-dropping-out-us-out-fears-over-patent-lawsuits.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110718/04325415144/app-developers-dropping-out-us-out-fears-over-patent-lawsuits.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110718/04325415144/app-developers-dropping-out-us-out-fears-over-patent-lawsuits.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>innovation!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110718/04325415144</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 8 Jul 2011 09:38:57 PDT</pubDate>
<title>Trolls: The Town Drunks Of The Internet</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20110625/19243714865/trolls-town-drunks-internet.shtml</link>
<guid>http://www.techdirt.com/articles/20110625/19243714865/trolls-town-drunks-internet.shtml</guid>
<description><![CDATA[ <p>A <a href="http://www.news.com.au/technology/anonymous-alcoholics-study-finds-web-trolls-get-a-feeling-of-abandon-similar-to-drunks-and-dictators/story-e6frfro0-1226080815072" target="_blank">study conducted by researchers at Northwestern University</a> has reached a conclusion that many of us have entertained but dismissed as &quot;not having a study conducted by researchers at Northwestern University behind it.&quot; Namely: trolling is like being sloppy drunk.<br /><br />According to the science guys:</p><blockquote><em>A new study has found that anonymity gives people the same feeling of abandon as power and alcohol intoxication.<br /><br />&quot;Although these pathways appear to be unrelated on the surface, they all lead to disinhibited states through a common psychological and neurological mechanism,&quot; said Jacob Hirsh of the university's Kellogg School of Management.<br /><br />Dr Hirsh's colleague Professor Adam Galinsky said the loss of inhibition led to &quot;significant behavioural consequences&quot;.<br /></em></blockquote>Ah, &quot;loss of inhibition!&quot; Is any combination of words sweeter to the ears (and livers) of trolls and drunkards alike? To be a troll is to be transported back to the heady days of frat house &quot;<a href="http://www.youtube.com/watch?v=D5TqEAJNYY4" target="_blank">Pre-Saturday Night Party</a>&quot; parties, where the cheap beer flowed like cheap beer and many bad decisions were made, most of them irrevocable. <br /><br />Much in the same way that alcohol can turn a fertile mind into a karaoke-singing, one-man party bursting with OPINIONS! (and some vomit), trolling can turn a regular, possibly decent person into an apopleptic nightmare full of half-formed rejoinders and circular logic, which often devolves into <a href="http://www.techdirt.com/articles/20110519/17104214346/waiting-100-years-version-20.shtml#c870" target="_blank">schoolyard name-calling flameouts</a> (well, a schoolyard full of drunks...) or sudden exits from the conversation, presumably to go &quot;sleep it off&quot; on the bathroom floor.<br /><br />There's more from the professor, which explains a lot of what we see here at Techdirt on a daily basis:<br /><blockquote><em>When people lose their inhibitions, they often behave in a manner more consistent with their true motives or character. At the same time, they also tend to be more easily influenced by their environment.<br /><br />&quot;In effect, disinhibition can both reveal and shape the person, as contradictory as that may sound,&quot; Professor Galinsky said.<br /><br />The end result is that power, alcohol and anonymity can all inspire either strong pro- or anti-social sentiments in people.<br /></em></blockquote><blockquote><em>The study may help explain why anonymous commentators on the web often appear to hold extreme views.<br /></em></blockquote>Extreme views? Anti-social sentiments? Random hollering about <a href="http://www.techdirt.com/articles/20110516/19214314291/many-killers-music-industry-digital-era.shtml#c12" target="_blank">someone's day job</a>? It's all here. And for all the talk about &quot;not feeding the trolls,&quot; it's hard to resist, especially when they're packing a buzz and getting the conversational munchies. Besides, who wouldn't want the chance to respond to a non sequitur composed of misspelled words and terrible analogies? We really want to take the high road, but the troll road is like a free ride straight downhill into STFU-ville. (Plus, the troll booths are closed! Bonus!) <br /><br />Sooner or later, if the <a href="http://www.techdirt.com/articles/20110602/04271714524/do-little-dance-make-little-loveget-bodyslammed-tonight-jefferson-memorial.shtml" target="_blank">subject matter is contentious enough</a>, the Techdirt comment threads are overrun with loudmouth drunks/trolls, not unlike the <a href="http://capitalistliontamer.wordpress.com/2009/07/07/fancy-plans-guide-to-wisconsin/" target="_blank">state of Wisconsin on any given night</a>. (Or afternoon.) Ugly words are exchanged and brash statements made, most of them sorely in need of a citation. Hours later, it becomes a wasted blend of ALL CAPS shouting and <a href="http://tvtropes.org/pmwiki/pmwiki.php/Main/YouFailLogicForever" target="_blank">any number of logical fallacies</a>, before presumably heading quickly downhill to muted futile sobbing and calls to former sexual acquaintances.<br /><br />And much like the virtual alcoholics they are, the trolling commenters will rarely let a day go by without a quick pull from the hip flask labelled &quot;Submit,&quot; even if they've got nothing more than a quick &quot;FUD&quot; to spit out like an accidentally swallowed cigarette butt. Even the worst of hangovers won't stop the trolloholic from popping in quickly to call someone a liar or <a href="http://www.techdirt.com/articles/20110407/06461813815/mpaa-real-patriots-dont-share.shtml#c158" target="_blank">misread the byline on a post</a>.<br /><br />So, keep this valuable information in mind, Techdirt readers, the next time you find yourself trapped in an elliptical argument with an armchair Bukowski (sans the everything-that-made-Bukowski-appealing): <a href="http://tvtropes.org/pmwiki/pmwiki.php/Main/InsaneTrollLogic" target="_blank">they're just drunk on trolljuice</a>, a potent blend of ignorance, anger and &quot;<a href="http://www.youtube.com/watch?v=M2nuOneeQ5M&#038;feature=related" target="_blank">chicken hawk syndrome</a>.&quot;<br /><br />How else would you explain this AC's <a href="http://www.techdirt.com/articles/20110325/12395213634/nick-dynices-favorite-techdirt-posts-week.shtml#c700" target="_blank">one-man flamewar</a>, in which he paints every disagreeing commenter with a broad paintbrush dipped in self-hatred (often mistaken for &quot;mockery,&quot; but the acidic taste of bile gives it away), painting everything the same ugly shade of misanthropy? <br /><p>Or <a href="http://www.techdirt.com/articles/20110218/15460013169/paults-favorite-techdirt-posts-week.shtml#c44" target="_blank">this one</a>?</p><p>Need <a href="http://www.techdirt.com/articles/20110617/23403614733/funniestmost-insightful-comments-week-techdirt.shtml#c189" target="_blank">one more</a>? </p><p>Don't let the Anonymous Coward label fool you, though. Techdirt is filled with <a href="http://www.techdirt.com/search.php?q=funniest&#038;eid=&#038;tid=&#038;aid=&#038;searchin=stories" target="_blank">thoughtful and humorous AC's</a>, while also serving as a host for a variety of proudly-named trolls. The real trolls are the commenters who show up for one reason: to insult as many Techdirt readers as possible while simultaneously trying to reframe the debate around their own twisted logic. You'd think it would be harder to type with such an outsized chip on your shoulder, but the internet never ceases to amaze. </p><p>Trolls, like the ones singled out above, are like the uncle you purposely uninvited to your wedding. The one who shows up anyway and spends the entire night alternately abusing the open bar and the wedding guests, bitterly decrying organized religion and the institution of marriage to anyone who will listen and others who are actively eyeing the exits. He swaggers around in a state of progressive drunkeness, alienating people left and right, before collapsing anti-climatically in the coat room after making a last-ditch pass at your newly-minted sister-in-law. <br /><br />As the hangover ebbs, he remains secure in his belief that he &quot;totally ripped those backwaters rubes a new one&quot; when in all reality, all he did was pound home the fact that people hate him for a reason.<br /><br />Trolls, just remember that your spluttering anger and misplaced indignity is often a source of amusement for us. Other times, it's just the same old shit, like when dad starts hitting the sauce and pounding out angry letters to the editor decrying the city council's recent decision to change local street signs to initial caps only. Sure, he seems to be truly perturbed by this <em>now</em>, but by the next day, it's just another piece of paper that ends up going straight from the Smith-Corona into the nearest wastebasket. The only difference is that, thanks to the miracle of THE INTERNET, the &quot;angry letter&quot; can be submitted instantly, 24/7, requiring nothing more of the brainstem-operating troll than the minute amount of hand-eye coordination needed to push a button.</p><p>So, bring on the worn-out cries of &quot;Freetard!&quot; and &quot;Kool-Aid!&quot;, you trolling lushes. Just remember, our beverage of choice is booze-free.&nbsp; </p><br /><br /><a href="http://www.techdirt.com/articles/20110625/19243714865/trolls-town-drunks-internet.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110625/19243714865/trolls-town-drunks-internet.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110625/19243714865/trolls-town-drunks-internet.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-quit-your-day-job</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110625/19243714865</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 13 May 2011 12:40:55 PDT</pubDate>
<title>Patent Troll Going After iPhone/iPad Developers Who Use In-App Payments</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110513/10205514264/patent-troll-going-after-iphoneipad-developers-who-use-in-app-payments.shtml</link>
<guid>http://www.techdirt.com/articles/20110513/10205514264/patent-troll-going-after-iphoneipad-developers-who-use-in-app-payments.shtml</guid>
<description><![CDATA[ Another day, another example of a patent system holding back innovation.  The latest is that a typical patent troll operation, named Lodsys, is <a href="http://moconews.net/article/419-another-apple-in-app-purchase-woe-developers-hit-with-patent-lawsuits/" target="_blank">threatening and/or suing a bunch of iOS mobile app developers</a> for daring to make use of Apple's own in-app payment API to offer the ability to make purchases from within their apps.  Lodsys lists out <a href="http://www.lodsys.com/our-patents.html" target="_blank">four patents</a> that "are available for licensing."
<ul>
<li><a href="http://www.google.com/patents/about?id=uNsYAAAAEBAJ&#038;dq=5999908" target="_blank">5,999,908</a>: Customer-based product design module
</li><li><a href="http://www.google.com/patents/about?id=E2l7AAAAEBAJ&#038;dq=7,133,834" target="_blank">7,133,834</a>: Product value information interchange server 
</li><li><a href="http://www.google.com/patents/about?id=nA2AAAAAEBAJ&#038;dq=7,222,078" target="_blank">7,222,078</a>: Methods and systems for gathering information from units of a commodity across a network
</li><li><a href="http://www.google.com/patents/about?id=TGnVAAAAEBAJ&#038;dq=7,620,565" target="_blank">7,620,565</a>: Customer-based product design module
</li></ul>
It appears that whichever patents Lodsys is using in bringing this claim, it's applying them extremely broadly.  Meanwhile, the various developers who have now been sued are pretty freaked out.  Most of them appear to be small shops -- perhaps just an individual developer -- whose big "mistake" was to actually use the tools Apple provided to make their software better.  I can't see how anyone can defend a lawsuit like this as promoting the progress.  The idea that in-app payments wouldn't have come along without these patents is -- on its face, preposterous in the extreme.  Putting in-app payments into products is a natural evolution, and any programmer with a modicum of skills could have figured out ways to implement it.  To claim that a patent was needed in this arena is simply ridiculous.<br /><br /><a href="http://www.techdirt.com/articles/20110513/10205514264/patent-troll-going-after-iphoneipad-developers-who-use-in-app-payments.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110513/10205514264/patent-troll-going-after-iphoneipad-developers-who-use-in-app-payments.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110513/10205514264/patent-troll-going-after-iphoneipad-developers-who-use-in-app-payments.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-come-on</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110513/10205514264</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 11 Mar 2011 13:36:49 PST</pubDate>
<title>Unicorns And Leprechauns Aren't Real... But Trolls Are (And They Have Lawyers)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110311/12332513464/unicorns-leprechauns-arent-real-trolls-are-they-have-lawyers.shtml</link>
<guid>http://www.techdirt.com/articles/20110311/12332513464/unicorns-leprechauns-arent-real-trolls-are-they-have-lawyers.shtml</guid>
<description><![CDATA[ A whole bunch of you have been sending in the silly story of Liberty Media's latest antics.  As you may know, the porn producer has been <a href="http://www.techdirt.com/blog/?company=liberty+media">crazy aggressive</a> in going after file sharers, even going beyond the standard mass pre-settlement threat campaign, with a ridiculous <a href="http://www.techdirt.com/articles/20110126/02580412829/new-twist-mass-pre-settlement-copyright-shakedown-letters-porn-company-asks-downloaders-to-confess-pay.shtml">amnesty offer</a> to get people to pay $1,000 even if they haven't been accused of file sharing.  Someone in Sweden, a guy named Ryan, apparently decided to taunt Liberty Media, sending an email to them <a href="http://torrentfreak.com/movie-studio-goes-after-self-proclaimed-pirate-his-unicorn-and-leprechaun-110310/" target="_blank">"confessing" to regularly sharing Liberty Media works... along with mentioning the unicorns and leprechauns advising him</a>.  The whole thing was clearly a joke, but Liberty Media's parent company, Corbin Fisher, is apparently without much of a sense of humor and issued a subpoena to try to get the guy's info, claiming that they're taking his "confession" seriously.  The guy says he's never shared or downloaded any Liberty Media stuff and isn't in the US anyway.  Of course, Liberty is able to do this as a part of the discovery process, but do they really think this is going to go anywhere?  I think, in the future, there should be some measure of how much of a sense of humor a company has, and people should learn to only deal with companies who can take a joke.<br /><br /><a href="http://www.techdirt.com/articles/20110311/12332513464/unicorns-leprechauns-arent-real-trolls-are-they-have-lawyers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110311/12332513464/unicorns-leprechauns-arent-real-trolls-are-they-have-lawyers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110311/12332513464/unicorns-leprechauns-arent-real-trolls-are-they-have-lawyers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>reality-bites</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110311/12332513464</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 24 Jan 2011 07:56:33 PST</pubDate>
<title>Sports Columnist Tracks Down Trolls And Calls Them</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110122/01041112780/sports-columnist-tracks-down-trolls-calls-them.shtml</link>
<guid>http://www.techdirt.com/articles/20110122/01041112780/sports-columnist-tracks-down-trolls-calls-them.shtml</guid>
<description><![CDATA[ A few folks passed along this amusing column by sports columnist (for SI.com) Jeff Pearlman, in which he talks about how he <a href="http://www.cnn.com/2011/OPINION/01/21/pearlman.online.civility/index.html" target="_blank">tracked down a couple of "online haters" who insulted him online</a> (one sent him graphic hardcore pornography) and then <i>called them</i> on the telephone.  Both of them turned out to be a lot more apologetic when actually confronted with the real, live voice of Pearlman.  No surprise there.  Though, Pearlman does note that he actually kind of liked the guy who sent him the pornography:
<blockquote><i>
Then we spoke. And I (dammit) liked him. Without invisibility or the support of his 54 Twitter followers or the superhuman powers supplied by a warm keyboard, Matt was meek and apologetic. "I was just trying to get a rise out of you," he said. "You're a known sports writer, and I thought it was cool. That's all. I never meant for it to reach this point."
</i></blockquote>
And that, of course, is how trolling works.  Still, I do wonder if this column will lead to more or less future haters going after Pearlman.<br /><br /><a href="http://www.techdirt.com/articles/20110122/01041112780/sports-columnist-tracks-down-trolls-calls-them.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110122/01041112780/sports-columnist-tracks-down-trolls-calls-them.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110122/01041112780/sports-columnist-tracks-down-trolls-calls-them.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-now-what?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110122/01041112780</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 5 Jan 2010 17:17:00 PST</pubDate>
<title>Site Suspends Comments For 'Cooling Off Period'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100104/1717357605.shtml</link>
<guid>http://www.techdirt.com/articles/20100104/1717357605.shtml</guid>
<description><![CDATA[ Via <a href="http://twitter.com/romenesko/status/7370550546">Romenesko</a> we learn of local Illinois news site Pantagraph.com that has <a href="http://www.pantagraph.com/news/local/article_766adc82-f58a-11de-b4cc-001cc4c03286.html" target="_blank">suspended comments on local news stories</a> as a "cooling off period" after it felt that the comments had become too uncivil.  I'm wondering how this will actually help.  This is the internet that we're talking about here, and once the comments are turned back on, I would imagine that they'll quickly return to the same level of civility (or lack thereof) pretty quickly.  If you want to create more civil commenting policies, a "time out" doesn't do that.  Putting in place better incentives does.<br /><br /><a href="http://www.techdirt.com/articles/20100104/1717357605.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100104/1717357605.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100104/1717357605.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-the-internet</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100104/1717357605</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 6 May 2009 08:21:00 PDT</pubDate>
<title>Congressional Rep Wants To Put Internet Trolls In Jail</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090505/1244544756.shtml</link>
<guid>http://www.techdirt.com/articles/20090505/1244544756.shtml</guid>
<description><![CDATA[ Last year, the lawsuit against Lori Drew got plenty of attention.  It involved the sad story of a girl, Megan Meier, who ended up killing herself after a "friend" she met on MySpace ended their friendship in a rather rude fashion.  It later turned out that the "friend" wasn't a real person, but a made up individual, created by a former friend of the girl, that girl's mother (Lori) and an employee of Lori created the person (they claim) as a way of finding out what Meghan was saying about Lori's daughter.  The whole story is quite sad, obviously, and suggests incredibly poor judgment on Lori's part.  However, was it illegal?  The initial analysis was <a href="http://www.techdirt.com/articles/20080609/0226571341.shtml">not at all</a>.  However, prosecutors then <a href="http://www.techdirt.com/articles/20080515/1832441128.shtml">twisted</a> computer hacking laws to charge her, and she was eventually <a href="http://www.techdirt.com/articles/20081126/1223412965.shtml">found guilty of misdemeanor computer hacking</a> for creating a fake person on MySpace.  This ruling was troubling for a variety of reasons, including the fact that it's now quite easy to make anyone a <a href="http://www.techdirt.com/articles/20081201/0252082984.shtml">criminal</a> via terms of service.  Also, the fact that it actually is likely to put more kids <a href="http://www.techdirt.com/articles/20081217/0208403148.shtml">at risk</a>.
<br /><br />
That particular case was distorted by a few issues, involving the fact that Lori was an adult while Meghan was a child.  If the MySpace friend "Josh" had been a real teen, would the same outrage have happened?  I had a friend in high school kill himself after his girlfriend dumped him.  Should she have been charged with a crime?
<br /><br />
However, with emotional cases, come bad legal precedents and bad laws.  Missouri (where this happened) already <a href="http://www.techdirt.com/articles/20080702/0246491573.shtml">rushed through</a> an "online harassment" law, and now it looks like we may get the federal equivalent.  Rep. Linda Sanchez has <a href="http://digitaldaily.allthingsd.com/20090505/the-charge-assault-with-a-deadly-web-site/" target="_new">introduced a cyberbullying law</a> (named after Meier) that could put people in jail for up to two years for online communications "with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person... to support severe, repeated, and hostile behavior."
<br /><br />
Yes, this effectively makes online trolling a crime.  It's difficult to see how this gets past even the most basic First Amendment review, but that won't stop politicians from grandstanding over it.
<center>
<script type="text/javascript" src="http://washingtonwatch.com/info/widget.php?id=200516540"></script>
</center><br /><br /><a href="http://www.techdirt.com/articles/20090505/1244544756.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090505/1244544756.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090505/1244544756.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-that's-an-idea</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090505/1244544756</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 4 Mar 2009 18:23:48 PST</pubDate>
<title>The Rise Of The Clipart Trolls</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090303/1229333967.shtml</link>
<guid>http://www.techdirt.com/articles/20090303/1229333967.shtml</guid>
<description><![CDATA[ There are so-called patent trolls, abusing patent law to basically force others to pay them cash for no good reason.  And there are <a href="http://www.techdirt.com/articles/20061117/132453.shtml">"sample trolls"</a> who have abused copyright law to get musicians to pay them money (often despite the fact that the "trolls" probably really don't even own the copyrights in question, and the use is almost certainly "fair use" anyway).  And... now... we can add to the list the "clipart troll."  Slashdot has a post <a href="http://news.slashdot.org/article.pl?sid=09/03/03/1419235&#038;from=rss" target="_new">detailing the apparent campaign of one George Riddick</a>, who apparently claims to hold the copyright on tons of common clipart, and is trying to use the recently enacted <a href="http://www.techdirt.com/articles/20081013/2256222533.shtml">ProIP law</a> to basically threaten tons of sites, who often were using clipart that they had licensed.  Riddick may, in fact, own the copyright on some of these images, but rather than try to build an actual business around them, he seems to have focused solely on blaming others for his own failure to craft a reasonable business model -- and now it's moved on to suing others as well.<br /><br /><a href="http://www.techdirt.com/articles/20090303/1229333967.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090303/1229333967.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090303/1229333967.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-fun-of-copyright-law</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090303/1229333967</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 6 Mar 2008 22:21:00 PST</pubDate>
<title>The Problem Is Patent Quality, Not 'Trolls'</title>
<dc:creator>Timothy Lee</dc:creator>
<link>http://www.techdirt.com/articles/20080305/233757457.shtml</link>
<guid>http://www.techdirt.com/articles/20080305/233757457.shtml</guid>
<description><![CDATA[ A site called Prepaid Reviews reports that <a href="http://www.prepaidreviews.com/blog/prepaid-services/t-mobile-us-cell-virgin-helio-hit-with-lawsuit-35198/">four US wireless carriers have been hit with a patent lawsuit</a> from a company called Intellect Wireless. Prepaid Reviews writes that "If Intellect Wireless was a firm that bought patents with the implicit intent of lawsuit, I could talk about the need to reform patent law. But if these are original inventions by Henderson, he has a case." I think this fundamentally misconceives the nature of the "patent troll" problem. The fundamental problem is about patent quality, not about motivations or business strategy of the people abusing the system. Advocates of patent reform like to focus on classic patent trolling firms whose only business is lawsuits because the extortionate nature of the transaction is most obvious in those cases. But if an otherwise-legitimate company gets an overly broad or obvious patent and proceeds to sue everyone in sight, that's still a problem, even if the firm really was the first person to develop a product fitting the description of the patent. Consider one of the <a href="http://www.google.com/patents?id=F-ufAAAAEBAJ">patents</a> in this case, for example. While the patent makes a lot of claims and it's difficult to decipher legalese, the patent appears to be claiming a monopoly on the concept of "visual voicemail" systems where you can see a list of all your voicemail messages, and information about who sent them to you, and then choose which messages you want to listen to first. This is a clever idea, to be sure, and it's possible nobody had done it yet in 2003. But it's also a pretty straightforward application of ideas that had been around long before 2003. I've been able to see a list of my text messages and decide which one I want to read first since long before 2003, for example. To a software engineer, voice is just another type of data, so "visual voicemail" is an obvious extension of "visual text messages." In an ideal world, a patent examiner would have recognized this and rejected Henderson's patent. But in the real world, the courts have made the rules for patenting so permissive that a ton of patents get awarded for obvious concepts. This would be a bad thing even if there weren't any patent trolls around.<br /><br /><a href="http://www.techdirt.com/articles/20080305/233757457.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080305/233757457.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080305/233757457.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>obviousness</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080305/233757457</wfw:commentRss>
</item>
</channel>
</rss>